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01-25-2005 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA JANUARY 25, 2005 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie, Texas 75098 CALL TO ORDER INVOCATION& PLEDGE OF ALLEGIANCE PROCLAMATIONS & PRESENTATIONS CITIZENS PARTICIPATION CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Approval of the Minutes from the regular City Council Meeting of January 11, 2005. (C. Ehrlich, City Secretary) B. Consider and act upon a Resolution authorizing the City Manager to enter into a contract with Stewart Schwensen Productions in an amount not to exceed $43,000.00 for entertainment/staging for the summer concerts and July 4th event. (R. Diaz,Parks and Recreation) C. Consider and act upon a Resolution authorizing the City Manager to enter into a contract with Stewart Schwensen Productions in an amount not to exceed $12,000.00 for a fireworks show for the July 4th event. (R.Diaz,Parks and Recreation) D. Consider and act upon a Resolution authorizing the City Manager to execute a contract for Professional Services with Freese and Nichols, Inc. in the amount of$60,300.00 for the development of a Storm Water fee for the City. (M. Sierra,Public Services Director) E. Consider and act upon a Resolution authorizing the City Manager to execute an agreement with U.S. ROW in the amount of $43,050.00 for right-of-way acquisition services for the Ballard Ave. paving project. (C. Hoisted, City Engineer) F. Consider and act upon a Resolution recommending the abandonment of right-of-way by TxDOT along SH 78 at the intersection with Birmingham Avenue. (C. Hoisted, City Engineer) G. Consider and act upon a Preliminary Plat for Birmingham Ranch Addition. (C. Thompson, Planning and Zoning Director) INDIVIDUAL CONSIDERATION 1. Hold a Public Hearing and Consider and Act upon Ordinance No. # 2005-05, A Cable Television Franchise Agreement between the City of Wylie and GTE Southwest, Inc. d/b/a Verizon Southwest.. (M.Roath, City Manager) Executive Summary The proposed franchise agreement is for fifteen years and provides that Verizon will offer cable television service to all residents in its Service Area, as defined by the Agreement, and will pay the City quarterly franchise fee payments of five percent of Gross Revenues. Verizon will provide dedicated access for City and educational programming and has reserved a third access channel for future use. Customer service requirements are included. The proposed franchise agreement is competitively neutral with the City's incumbent agreement(and in some cases better)and is comparable to other franchises being adopted in other cities in the metroplex. 2. Consider and act upon an Ordinance finding that the current rates of CoSery Gas Ltd. are unreasonable; approving CoSery Gas Ltd's revised and uncontested tariffs; approving a rate phase- in; authorizing continuation of deferral of carrying charges on plant held for future use; recognizing CoServ's right to surcharge for facility relocation required by the City; setting the effective date of new tariffs as February 1, 2005; finding the cities' rate case expenses reasonable; severing the determination of the reasonableness of CoSery Gas Ltd's rate case expense issue until March 1, 2005; adopting a base rate case moratorium; finding that any relief requested by CoSery Gas Ltd not specifically granted herein is denied; adopting a most favored nations provision; finding that the meeting at which this ordinance is passed is open to the public as required by law; and providing for notice of this ordinance to CoSery Gas Ltd. (M. Manson,Asst. City Manager) Executive Summary This ordinance represents the City's exercise of its original jurisdiction to evaluate the reasonableness of natural gas rates charged within city limits. The ordinance approves CoSery Gas Ltd's ("CoServ") revised tariffs applicable to residential and commercial service in the City of Wylie. The revised tariffs reflect the agreement reached between the Coalition of Cities, of which Wylie is a member, and the Company regarding CoServ's Statement of Intent to adjust rates, and the Company's intention to begin charging the same system-wide rate for all residential customers and all commercial customers. The ordinance also ensures that if CoSery agrees to provide a more attractive rate to another city in the future, the City may exercise its option to implement the rate also. 3. Consider and act upon a Resolution authorizing intervention before the Railroad Commission of Texas in Gas Utilities Docket (GUD) no. 9530; authorizing participation with other cities served by Atmos Energy Corporation, formerly known as TXU Gas Company, in Administrative and Court proceedings involving a gas cost prudence review related to a filing made in September of 2004 as required by the Final Order in GUD no. 8664; designating a representative of the City to serve on a steering committee; requiring reimbursement of reasonable legal and consultant expenses. (M. Manson,Asst. City Manager) Executive Summary The attached resolution will authorize intervention by the city as a participant in steering committee, appoint the City Manager as the City's representative on a Cities' Steering Committee, and require Atmos/TXU Gas to reimburse the City reasonable costs associated with the City's participation in GUD No. 9530 or any subsequent proceeding. 4. Consider and act upon a Resolution suspending the proposal by Atmos Energy Corporation to implement interim GRIP Rate Adjustments for gas utility investment in 2003; authorizing participation with other cities served by Atmos Energy Corp., a Mid-Tex Division, in a review and inquiry into the basis and reasonableness of the proposed rate adjustments; authorizing intervention in administrative and court proceedings involving the proposed GRIP Rate Adjustments; designating a representative of the City to serve on a steering committee; requiring reimbursement of reasonable legal and consultant expenses. (M. Manson,Asst. City Manager) Executive Summary The proposed GRIP rate increases would increase annual revenues for Atmos/TXU Gas by $8.5 million. These increases are in addition to the $11.5 million annual increase approved by the RRC in GUD No. 9400, and also in addition to the $10.1 million recovery sought by Atmos/TXU Gas for rate case expenses related to GUD No. 9400. Atmos/TXU Gas has publicly stated that it expects to experience annual cost savings of at least $40 million over the costs included in rates approved in GUD No. 9400 and said savings are likely to greatly exceed the annual revenue requirement associated with any reasonable increases in invested capital that form the basis of the requested GRIP rate increases. Atmos Energy Corporation has announced a twenty percent increase in profits for its fiscal year ended September 30, 2004, and projects further increases in profits in 2005. 5. Consider and act upon the adoption of an ordinance enacting a new code for the City of Wylie, Texas and providing for the repeal of certain ordinances not included therein; providing a penalty for the violation thereof; providing for the manner of amending such code; and providing when such code and this ordinance shall become effective. (C. Ehrlich, City Secretary) Executive Summary Chapter III, Section 14B of the Wylie City Charter states that within three (3) years after adoption of this charter, and at least every five (5) years thereafter, the City Council shall provide for the preparation of the codification of all general ordinances of the city. Every general ordinance enacted subsequent to such codification shall be enacted as an amendment to the code. For the purposes of this section, general ordinances shall be deemed to be those ordinances of a permanent or continuing nature which affect the residents of the city at large. 6. Consider and act upon an Ordinance repealing Wylie Ordinance Nos. 79-23, 95-2 and 95-3; establishing a curfew for minors for the City of Wylie, Texas; creating offenses for minors, parents, guardians of minor and business establishments for violating curfew regulations; defining terms and providing defenses; providing for enforcement; providing for waiver of jurisdiction by the court when required under the Texas Family Code. (J. Butters,Police Chief) Executive Summary The proposed ordinance contains the same definitions, curfew hours, elements of offense, and defenses, as the old curfew ordinance. The proposed curfew ordinance requires that the curfew ordinance be reviewed via public hearings every three years,as required by Section 370.002 of the Local Government Code. Public Hearing 7. Consider a recommendation to the City Council concerning a change in zoning from Agriculture (A) to Planned Development District (PD) for single-family residential uses. Applicant is requesting withdrawal of this request (ZC 2004-26). (C. Thompson,Planning and Zoning Director) Executive Summary The applicant is requesting that this request be WITHDRAWN. However, because the request has been published and several neighboring property owners have responded,the Council's official acceptance of the withdrawal is appropriate. READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE III, SECTION 13-D. Joint Work Session with P&Z Commission to discuss: • Woodbridge South (Herzog Development Corporation,Don Herzog) • Rice Tract (Skorburg Company,Ryan Betz) ADJOURNMIENT In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action,as a result of this Executive 3` � �tAi b¢et�aken and recorded in open session. I certify that this Notice of Meeting was�Q rdn this 2°Isttd January,2005 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Gove;lnkr d t Code anhat vpropriate news media contacted. As a courtesy,this agenda is also p to the Wylie Webbite of wv1* i. lie.t .us Car e Ehrlic ,City Secretary / Date Notice Removed The Wylie Municipal Complex is Wheelchair ess4il e. Virpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the eltyi$P 's office at 972/442-8100 or TD 972/442-8170. MINUTES Wylie City Council Tuesday, January 11, 2005 — 6:00 p.m. Wylie Municipal Complex— Council Chambers 2000 State Highway 78 North CALL TO ORI3R Mayor John Mondy called the meeting to order at 6:03 p.m. Council Members present were: Mayor Pro Tern Eric Hogue, Councilwoman Reta Allen, Councilman Chris Trout, Councilman Earl Newsom, Councilman Merrill Young, and Councilman J. C. Worley. Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; City Engineer, Chris Holsted; Planning & Zoning Director, Claude Thompson; Interim Finance Director, Ron Hutchison; Police Chief, Jeff Butters; Public Services Director, Mike Sferra; Library Director, Mignon Morse; Public Information Officer, Mark Witter, and City Secretary, Carole Ehrlich. N OCATION c 'LED E O , ,LLE IANCi Mayor Pro Tem Hogue gave the invocation and Councilman Trout led the Pledge of Allegiance. ;PitOCLAMATIEI►Ng&VsENTATIc0Ns • Presentation to Star Students for the character trait of"Caring". (Mayor Mondy and Mayor Pro Tern Hogue) Mayor Mondy and Mayor Pro Tem Hogue presented Certificates to students nominated for the character trait of"Caring". CITIZENg PAR.TIPATIOI Rita Smith, residing at 401 N. Ballard, Wylie, Texas addressed Council stating she was very pleased with the improvements to the Rita & Truett Smith Library that were completed in 1997. She also complemented the staff at the Library. She asked Council to consider the approval of a new and larger library for Wylie due to the growing population. COIT AEA .All mailers li lted:hider the Consent Agenda are considered tt be routine lob the Ci€00.00ciland'will be enacted hy. one motion Th will::itizit be separate disci ssion of these items Ird scussion is desired.that item vill'he rem : €rom it a Celxis lit A.gen ia`and ill be:considered separately A. Approval of the Minutes from the regular City Council Meeting of December 14, 2004 and the Special Called Work Session of December 16, 2004. (C. Ehrlich, City Secretary) Minutes-January 11,2005 Wylie City Council Page 1 B. Consider and act upon approval of Resolution #2005-01(R) of the City Council of the City of Wylie, Texas establishing a public newspaper of general circulation to be the official newspaper for the City of Wylie.(C. Ehrlich,City Secretary) C. Consider and act upon a Resolution authorizing the City Manager to execute a contract with Birkhoff, Hendricks & Conway, L.L.P. for an amount not to exceed $10,800 for Engineering Services for design and construction of two pedestrian bridges in Sage Creek North Park and authorizing the use of funds in the West Zone of the Park Acquisition and Improvement Fund for construction of the project. (M. Sferra,Public Services Director) D. Consider and act upon approval of a Preliminary Plat for the Ambers Cove Addition. (C. Thompson,Planning&Zoning Director) E. Consider and act upon awarding a contract in the amount of$32,765.00 to Classic Gardens for the installation of trees in Cimarron Estates Park, Sage Creek North Park and Highway 78 median. (M. Sferra,Public Services Director) F. Consider and act upon awarding a contract to Southwest Parks & Playgrounds in the amount of $43,142.95 for the purchase of playground equipment for Olde City Park and Cimarron Estates Park. (M. Sferra,Public Services Director) G. Consider and act upon an ordinance amending Ordinances 92-6, 96-14, and 96-22 (Pretreatment Program). (M. Sferra,Public Services Director) Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to approve the Consent Agenda as presented. A vote was taken and passed 7-0. INDII3�AI.�C©1�SIl)E)�AT�aN - , 1. Discussion and consideration of all matters incident and related to the issuance and sale of "City of Wylie, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2005", including the adoption of the ordinance authorizing the issuance of such obligations. (M. Manson,Asst. City Manager) Staff Comments Ms. Manson addressed Council stating that Article VII Section 8 of the City Charter establishes the City's right and power to borrow, with Section 8.D. further specifying the option of the issuance of Certificates of Obligation. A Notice of Intent was published in the Wylie News on December 22nd and December 29th setting out the City's intent to issue $6.35 million in Certificates of Obligation for the purpose of purchasing 253 acres. The proposed use of the property includes recreation facilities,and a municipal government complex. Per the contract with the Trust for Public Land,the closing on the land is to take place prior to January 31st. Minutes—January 11,2005 Wylie City Council Page 2 Council Action A motion was made by Councilman Worley, seconded by Councilman Young to move to adopt Ordinance #2005-02 authorizing the issuance of"City of Wylie, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2005: in the aggregate principal amount of$6,225,000; approving and authorizing the execution of a Paying agent/Registrar Agreement and a Purchase Contract and the approval and distribution of an Official Statement. A vote was taken and passed 7-0, with Mayor Mondy, Mayor Pro Tern Hogue, Councilwoman Allen, Councilman Trout, Councilman Young, Councilman Worley, and Councilman Newsom voting for and none against. 2. Discussion and consideration of all matters incident and related to the issuance and sale of"City of Wylie, Texas, General Obligation Refunding and Improvement Bonds, Series 2005", including the adoption of an ordinance authorizing the issuance of such bonds and providing for the redemption of the obligations being refunded. (M. Manson,Assi. City Manager) Staff Comments Ms. Manson addressed Council stating that the proposed ordinance accomplishes two purposes. The first is to issue the balance of the bond funds from the 1999 Bond Election in the amount of$5,740,000, and the second is to refund two outstanding debt issues that will result in debt service savings to the City of$280,000. The savings will be spread out over the life of the new issue. Council Action A motion was made by Councilman Worley, seconded by Councilman Trout to move to adopt Ordinance #2005-03 authorizing the issuance of "City of Wylie, Texas, General Obligation Refunding and Improvement Bonds, Series 2005" in the aggregate principal amount of $10,320,000; providing for the redemption of the obligations being refunded and approving and authorizing the execution of a Paying Agent/Registrar Agreement and a Purchase Contract and the approval and distribution of an Official Statement. A vote was taken and passed 7-0, with Mayor Mondy, Mayor Pro Tem Hogue, Councilwoman Allen, Councilman Trout, Councilman Young, Councilman Worley, and Councilman Newsom voting for and none against. .................................................................. .................................................................. RECESS::CIT COO CI .................................................................. .................................................................. Mayor Mondy recessed the City Council Meeting at 6:25 p.m. Mayor Mondy called the Parks &Recreation Facilities Development Corporation Board Meeting to order at 6:26 p.m. Board members present were: Mayor Mondy, Mayor Pro Tem Hogue, Councilman Trout, Councilman Worley, Board Member Ann Hiney, and Board Member Shirley Burnett. Board Member Dan Chestnut was absent. Minutes—January 11,2005 Wylie City Council Page 3 1A. Discussion and consideration of a Resolution authorizing the Wylie Park and Recreation Facilities Development Corporation to enter into a Project Contract with the City of Wylie, Texas and resolving other matters incident and related thereto. (M. Manson,Asst. City Manager) Staff Comments Ms. Mason addressed the 4B Board stating that the adoption of the ordinance authorizing the issuance of Certificates of Obligation (COs) has been approved by Council tonight. While the legal pledge is a combination of taxes and a limited pledge of water and sewer revenues, the City is not precluded from using otherwise lawfully and unencumbered funds such as those moneys received from the 4B Corporation to pay the debt. She explained that the proposed contract between the City of Wylie and the 4B Board addressed those issues. Board Action A motion was made by Councilman Trout, seconded by Councilman Worley to approve Resolution #2005-01A authorizing the Wylie Park and Recreation Facilities Development Corporation to enter into a Project Contract with the City of Wylie, Texas and resolving other matters incident and related thereto. A vote was taken and passed 6-0 with Mayor Mondy, Mayor Pro Tern Hogue, Councilman Trout and Councilman Worley, Board Member Hiney and Board Member Burnett voting for and none against with Board Member Chestnut absent. 3. Discussion and consideration of a Resolution authorizing the City of Wylie, Texas to enter into a Project Contract with the Wylie Park and Recreation Facilities Development Corporation and resolving other matters incident and related thereto. (M. Manson,Asst. City Manager) Staff Comments Ms. Manson addressed Council stating that the adoption of the ordinance authorizing the issuance of Certificates of Obligation (COs) has been approved this evening. While the legal pledge is a combination of taxes and a limited pledge of water and sewer revenues, the City is not precluded from using otherwise lawfully and unencumbered funds such as those moneys received from the 4B Corporation to pay the debt. She explained that the proposed contract between the City of Wylie and the 4B Board addressing those issues. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Worley to approve Resolution #2005-03(R) authorizing the City of Wylie, Texas to enter into a Project Contract with the Wylie Park and Recreation Facilities Development Corporation and resolving other matters incident and related thereto. A vote was taken and passed 7-0 with Mayor Mondy, Mayor Pro Tem Hogue, Councilwoman Allen, Councilman Trout, Councilman Worley, Councilman Young, and Councilman Newsom voting for and none against. Minutes—January 11,2005 Wylie City Council Page 4 4. Consider and act upon accepting the resignation of Christine Mitchell and approval of a new Animal Shelter Advisory Board Member to fill the unexpired term. (J. Butters,Police Chief) Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Young to accept the resignation of Christine Mitchell from the Animal Shelter Advisory Board and appoint Katie Munson to fill the unexpired term of July, 2004 to July, 2006. A vote was taken and passed 7-0. 5. Consider and act upon appointment of a new member of the Planning and Zoning Commission to replace Mike Phillips for the unexpired term of July, 2004 to July, 2006. (C. Thompson, Planning&Zoning Director) Council Action A motion was made by Mayor Pro Hogue, seconded by Councilman Worley to accept the resignation of Mike Phillips from the Planning and Zoning Commission and appoint Eric Alexander currently on the ZBOA Board to fill the unexpired term of July, 2004 to July, 2006. A vote was taken and passed 7-0. 6. Consider and act upon appointment of a new member of the Zoning Board of Adjustment to replace Wayne Morman for the unexpired term of July, 2004 to July, 2006 (C. Thompson, Planning&Zoning Director) Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Young to accept the resignation of Dwayne Mormon from the Zoning Board of Adjustment and appoint Mitch Herzog to fill the unexpired term of Wayne Morman from July, 2004 to July, 2006 and appoint Jeff Ellis to fill the vacancy left by the appointment of Eric Alexander to the Planning and Zoning Commission. A vote was taken and passed 7-0. 7. Consider and act upon a request to waive the residential alley requirement of the Subdivision Regulations for the Birmingham Ranch Tract. (C. Thompson,Planning&Zoning Director) Staff Comments Mr. Thompson addressed Council stating that Section 3.2.B of the Subdivision Regulations states that"alleys shall be required in all residential districts... the City Council may waive this alley requirement". The subject property totals 16 acres and is long and narrow. The property is zoned SF-10, and the applicant anticipates creating 53 lots in excess of 10,000 square feet each. Abutting existing residential development does not have alleys and undeveloped property is not likely to have alleys. Alleys serve limited functions on such large lots,as all urban functions(vehicular access, drainage, utilities) are accommodated by other methods. Elimination of alleys increases the number of lots and potential property tax revenue to the City and eliminates the cost to the City for maintenance. Developer/Council Comments Randy Potts representing Harvest Real Estate Companies, 17480 Dallas Parkway, Dallas, TX. addressed Council stating that Harvest Real Estate has the 16 acre piece of property under contract purchased from the Birmingham Trust. His company proposes 53 lots and has met with staff to submit a plan showing the layout. He stated that staff has approved this plan. He went on to explain that all fronts would have a swing"J" garage entrance to enhance the Minutes—January 11,2005 Wylie City Council Page 5 property if the alley waiver was approved by Council. Councilman Trout asked if 90%or 100%would be"J" drives. Mr. Potts replied that they would be willing to provide 100%with"J" drives. Mr.Potts addressed the reasoning behind the alley illumination. He stated that trash pickup,because of the adjoining properties would more than likely be front pickup only. He also stated that alley maintenance and repair to the City would be non existent if the alley waiver was approved. He also commented that the homes would be on large lots and would not attract the issue of cars parking on the street. He explained that yes, there would be some cars, but with the"T' drives, most owners would park on the drive rather than the street. Bill Wade representing Colonnade Homes addressed Council stating that the plans called for lots 10,000 to 14,000 sq. ft. with 5 ft. sidewalks and higher 6-12 roofs and 70%brick on the homes. Councilman Trout asked if the homes should be 100%brick. Mr. Thompson confirmed that in SF10 it was 100%masonry required. Councilman Newsom asked why this waiver was coming back a third time. Mr. Thompson replied that the first two were without representation by the developer thus it was back so the applicant could explain the need for the waiver. Mayor Mondy asked if the street could be a little wider. Mr.Potts replied that from a history side,the streets proposed were already 4 feet wider. Mayor Mondy commented that there were security issues to address with alleys. He stated that crime was less in areas without alleys. Councilman Trout stated that he thought staff should look at alley waivers and requiring "T' drives. He stated that he had no problem with the alley waiver if it included the"T' drives but felt the Planning& Zoning Commission along with staff should look at the point system and come up with a definitive answer to requirements for alley waivers. Mayor Mondy asked Mr. Wade what size and price homes were proposed for this area. Mr. Wade replied that the homes would start at 1,900 sq. ft and go up to 3,000 sq. ft. The price range would be between $150,000 and $200,000. Mr. Trout asked if the Model Home could be built at 2,400 sq. ft. to attract higher end homes. Mr. Wade stated that he promised to build the Model Home at 2,400 sq.ft. Council Action A motion was made by Councilman Worley, seconded by Councilman Young to approve a request to waive the residential alley requirement of the Subdivision Regulations for the Birmingham Ranch Tract. A vote was taken and passed 7-0. 8. Consider and act upon a request to waive the residential alley requirement of the Subdivision Regulations for the Collins Tract. (C. Thompson,Planning&Zoning Director) Staff Comments Mr. Thompson addressed Council stating that Section 3.2.B of the Subdivision Regulations states that"alleys shall be required in all residential districts... the City Council may waive this alley requirement". The subject property is long and narrow, and totals 34 acres. The property is currently zoned Agriculture (A) as a holding zone until appropriate urban uses are approved. The applicant desires to rezone the property and to submit a preliminary plat creating 54 lots in excess of 20,000 square feet each. The subject property is bounded on three sides by existing large-lot subdivisions which do not provide alleys. Mr. Thompson explained that alleys serve limited functions on such large lots, as all urban functions (vehicular access, drainage, utilities) are accommodated by other methods. Elimination of alleys increases the number of lots and potential property tax revenue to the City and eliminates the cost to the City for maintenance. Developer/Council Comments Mr. Rob Adams representing developer of the property addressed Council stating that an alley waiver was requested due to the large lots and homes proposed for the development. Mayor Mondy asked Mr. Adams what the price range of homes would be on these 54 lots. Mr. Adams replied that the homes would range from $250,000 and go upward. Most homes will be low end 2,500 sq.ft.,with an average size home in the 3,000 sq. ft range. The lots are 1/2 acre and will have"J" swing drives. Minutes—January 11,2005 Wylie City Council Page 6 Council Action A motion was made by Councilman Worley, seconded by Councilman Young to approve a request to waive the residential alley requirement of the Subdivision Regulations for the Collins Tract. A vote was taken and passed 7-0. 9. Consider and act upon a request to waive the minimum acreage requirement of the Zoning Ordinance in order to permit submittal of an application for a Planned Development District. (C. Thompson,Planning and Zoning Director) Staff Comments Mr. Thompson addressed Council stating that Section 6.B.2.b of the Zoning Ordinance states that "residential PD Districts shall be a minimum of 5 acres. However, the Council may waive this minimum area requirement. The subject property totals 4.54 acres. The applicant has indicated a desire to submit for a Planned Development zoning, in order to develop Townhouse residents on the property, although other development schemes may be feasible for the tract. Approval of this waiver has no relationship to the justification of any future PD request. The property is zoned Agriculture (A) as a holding district until appropriate urban uses are determined, and it has never been platted. Abutting properties to the north and west are platted and developed as private single-family residential lots of 7,200 sq. ft. Properties to the east across Thomas Street are zoned SF 8.5 Residential, but have never been platted, and are the remaining remnant of the original single-ownership homestead. The City Library and park are to the south across Pirate Drive. Developer/Council Comments Mr. Dan Majors residing at 6750 Grinnage Lane,Dallas, Texas representing McQuinn Properties who is wishing to purchase the property addressed Council stating that he did not have a definite idea of what type of development his company would propose to build. He explained that he was asking for the waiver so the company had more options with the PD inclusion. Mayor Mondy commented that he felt by the communiqué that Town Homes were a possibility. Mr.Thompson explained that at time of zoning,the property owners within 200 feet would be notified and a public hearing would take place. At that time determination could be made as to type of development and considered by Council. Mayor Mondy commented that Council as a whole was not in favor of Town Homes in this area and advised Mr.Majors to keep this in mind when approaching Council with the Zoning Case. Council Action A motion was made by Councilman Worley seconded by Councilman Trout to approve a request to waive the minimum acreage requirement of the Zoning Ordinance in order to permit submittal of an application for a Planned Development District. A vote was taken and passed 4-3 with Mayor Mondy, Councilwoman Allen, Councilman Worley, and Councilman Trout voting for and Mayor Pro Tem Hogue, Councilman Newsom, and Councilman Young voting against. Public Hearing 10. Hold a public hearing and an ordinance of the city of Wylie, Texas, amending the Comprehensive Zoning Ordinance of the city of Wylie to provide a definition and regulation of the location of body piercing and tattooing establishments; providing for the repeal of all ordinances in conflict; providing a severability clause; and providing for an effective date. (C. Thompson,Planning&Zoning Director) Minutes—January 11,2005 Wylie City Council Page 7 Staff Comments Mr. Thompson addressed Council stating that the City of Wylie has not previously regulated body art, such as body piercing or permanent body tattooing. Although not specifically mentioned in the Zoning Ordinance, staff currently defines body piercing and tattooing with other Personal Services, which are allowed within all commercial zoning districts including Neighborhood Services (NS), Community Retail (CR), Business Center (BC), and Corridor Commercial (CC), as well as the Downtown Historic District (DTH). This amendment will specifically define permanent body art as piercing and tattooing,and will limit the location of establishments which offer such services to the Industrial(I)District. Council Comments Councilman Worley asked Mr. Thompson if the City Attorney had reviewed this Ordinance. Mr. Thompson replied that yes they had. Councilman Young expressed his concern not to over govern the City of Wylie. Public Hearing Mayor Mondy opened the public hearing at 7:45 p.m. asking anyone present wishing to speak to come forward, give their name and address and limit their comments to 3 minutes. With no one present to address Council, Mayor Mondy closed the public hearing at 7:45 p.m. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to approve Ordinance #2005-04 amending the Comprehensive Zoning Ordinance of the City of Wylie to provide a definition and regulation of the location of body piercing and tattooing establishments; providing for the repeal of all ordinances in conflict providing a severability clause; and providing for an effective date. A vote was taken and passed 6-1 with Mayor Mondy, Mayor Pro Tern Hogue, Councilwoman Allen, Councilman Trout, Councilman Worley, and Councilman Newsom voting for and Councilman Young voting against. 'AgAbINaOktikDINAINCt. TITEW&OPTIO1WOOtiovEwAtiOotwOiCAt REQUIREDREQuittt# Y # L `IC"'I .CHA ` t,AR IECLE Hl,S C` ON 13 r City Secretary Carole Ehrlich read the caption to Ordinances#2005-01, 2005-02, 2005-03 and 2005-04 into the official record. With no further business before Council, Mayor Pro Tern Hogue made a motion to adjourn at 7:55 p.m. Councilman Newsom made the second. A vote was taken and passed 7-0. John Mondy,Mayor ATTEST: Carole Ehrlich,City Secretary Minutes—January 11,2005 Wylie City Council Page 8 CITY OF WYLIE Item No. B City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular Meeting of: January 25, 2005 Other: Consent x Department: Parks and Recreation Department Prepared By: Robert Diaz, Asst. Superintendent Date Prepared: January 17, 2005 Exhibits: Resolution, Contract AGENDA SUBJECT: Consider and act upon a Resolution authorizing the City Manager to enter into a contract with Stewart Schwensen Productions in an amount not to exceed $43,000.00 for entertainment/staging for the summer concerts (beginning Thursday, June 2, 2005 at Community Park) and July 4th event (to be held Friday, July 1, 2005 in Founders Park). RECOMMENDED ACTION: Staff recommends approval. SUMMARY: The Parks and Recreation Department has contracted with Stewart Schwensen Productions since 2001 to produce the summer concert series held in Olde City Park and Community Park. This contract covers the costs of the entertainment and all of the staging (i.e. lighting, stage, sound technician) for the concerts. APPROVED BY: Initial Date Department Director: RD \ 01/18/05 City Manager: MBR \ 01/19/05 RESOLUTION NO. 2005-04(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE A CONTRACT IN AN AMOUNT NOT TO EXCEED $43,000.00 BETWEEN THE CITY OF WYLIE, TEXAS AND STEWART SCHWENSEN PRODUCTIONS TO PROVIDE ENTERTAINMENT AND STAGING SERVICES FOR THE SUMMER CONCERT SERIES AT COMMUNITY PARK AND FOUNDERS PARK. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, an agreement in an amount not to exceed $43,000.00 between the City of Wylie, Texas, and Stewart Schwensen Productions to provide entertainment and staging (i.e. stage/lights/sound technician) for the summer concert series at Community Park and the 4th of July event to be held on Friday, July 1, 2005 at Founders Park. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 25TH DAY OF JANUARY, 2005. JOHN MONDY, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No. 2005-04(R) Summer Concert Series 504 Riviera Drive McKinney,TX 75070 (972)529-1336 Stewartagentia yahoo.com Stewart Schwensen Productions, LLC ENTERTAINMENT AGREEMENT Agreement made this 16TH day of JANUARY,2005 between STEWART SCHWENSEN PRODUCTIONS(hereinafter called Artist)and CITY OF WYLIE,TEXAS (hereinafter called Purchaser). IT IS MUTUALLY AGREED BETWEEN THE PARTIES THAT 1. NAME AND ADDRESS OF ENGAGEMENT: SITE TBA WYLIE,TEXAS 2. DATE OF ENGAGEMENT: CONCERT SERIES JUNE 2,2005 (THURSDAY) BRAVE COMBO JUNE 9,2005 (THURSDAY) MIGHTY MARVELOUS 4 JUNE 16,2005 (THURSDAY JACE EVERETT JUNE 23,2005 (THURSDAY) THE KLOCKS JULY 7.2005 (THURSDAY) KRAIG PARKER'S ULTIMATE ELVIS TRIBUTE DULY 14,2005 (THURSDAY) MAMMOTH JACK INDEPENDENCE DAY CELEBRATION JULY 1,2005 (FRIDAY) JASON D.WILLIAMS 7:30PM-9:001'M 3.TYPE OF ENGAGEMENT CONCERT SERIES 4. HOURS: 7:30PM-9:OOPM ON EACH DATE ABOVE 5. PRICE AGREED UPON: $43.000..00 6.PURCHASER TO MAKE PAYMENTS AS FOLLOWS: $23,600.00 DEPOSIT PAYABLE TO STEWART SCHWENSEN PRODUCTIONS,LLC TO BE RETURNED ALONG WITH SIGNED CONTRACT ON OR BEFORE $1,500.00 PAYABLE TO A CERTAIN SOUND&STAGE EACH DATE OF CONCERT SERIES. $3,000.00 PAYABLE TO BRAVE COMBO.INC DUNE 2.2005. $1.500.00 PAYABLE TO RICARDO ALLEN JUNE 9,2005 SS#452-02-3112. $1,400.00 PAYABLE TO KLOCKS MUSIC.LLC JUNE 23,2005 TAX ID#74-2915031. $2,000.00 PAYABLE TO KRAIG PARKER MUSIC SS#453-94-1144. $2500.00 PAYABLE TO A CERTAIN SOUND AND STAGE JULY 1,2005. 7. Artist shall at all times have complete supervision,direction and control over the services of its personnel on this engagement and expressly reserves the right to control the manner.means and details of the performance of services.as well as the ends to be accomplished. 8. It is understood that the Artist executes this agreement as an independent contractor and is not an employee of Purchaser. It shall be the responsibility of Artist to withhold and pay over to government authorities any and all income taxes and social security contributions which may be required to he withheld from the musician's fees. 9. It is understood and agreed that Purchaser will not be liable for any loss or damage to any equipment belonging to Artist while such equipment is on the premises of the Purchaser. 10.SPECIAL PROVISIONS: 1. PURCHASER TO PROVIDE ADEQUATE POWER SUPPLY 2. ALL ARTISTS TO BE PAID IN FULL ON EACH CONTRACTED DATE REGARDLESS OF WEATHER CONDITIONS"RAIN OR SHINE'. 3. ARTIST TO PROVIDE COVERED STAGING.SOUND&LIGHTS FOR EACH ABOVE PERFORMANCE. 11. AGENT PROVISIONS: A. The percentage of commission included in the gross price of this engagement is N/A.Commission shall be held in trust by leader as fiduciary and forwarded to agent within 5 days of receipt,or 11 the agent has the authority to cancel the following engagement.or 2)at the request of agent,present purchaser is authorized to withhold from leader any commissions due STEWART SCHWENSEN PRODUCTIONS. Delinquent commission shall accrue interest at I% per month,and if litigation is necessary for collection,attorneys fees shall be paid by debtor,unless prohibited by applicable local law. B. If leader or key personnel of this musical group.is re-hooked into this or any establishment represented by the purchaser(including chain buyers of music) within 2 yrs from the termination of this agreement,Purchaser and Leader shall be jointly and severally liable for payment to STEWART SCHWENSEN PRODUCTIONS for commission in the rate set forth in this engagement. 12. UNION PROVISIONS: Artists agreed to insure that members of unions or guilds.which may include the leader and members of this unit_agree to accept sole responsibility for complying with the rules and regulations of said unions or guilds of which they may be members,Agent does not represent that artist is affiliated with any musician's union. 13. ARBITRATION OF CONTROVERSIES Any controversies over the terms or conditions of this agreement will be submitted to a civil court or the office of the American Arbitration Association or Canadian equivalent in Collin County,Texas.and decision accepted as non-binding on all parties concerned. If decision involves a monetary payment which is not paid in 30 days. collection or attorney fees shall be paid by debtor. This agreement shall be construed under and in accordance with the laws of the State of Texas and is specifically performable in Collin County.Texas. The parties agree that Purchaser has not waived its sovereign immunity by enterting into and performing its obligations under this agreement. 14. The recording,reproduction.or transmission of Artist's performance is prohibited absent written consent of Artist and his union. 15. We acknowledge and confirm that we have read and approve the terms and conditions set forth in this contract. Signature Signature Purchaser CITY OF WYLIE,TEXAS Leader STEWART SCHWENSEN PRODUCTIONS Address 20011 HIGHWAY 78 NORTH Address 504 RIVIERA DRIVE City/State WYLIE,TX 75098 City/State MCKINNEY,TX 75070 COMMENCEMENT OF ENGAGEMENT TOGETHER WITH PHYSICAL DELIVERY OF THIS CONTRACT IS DEEMED TO BE AN ACCEPTANCE OF ALL TERMS BY THE PURCHASE PLEASE SIGN CONTRACT-KEEP(I)COPY FOR YOUR FILES AND RETURN(I)COPY TO STEWART SCHWENSEN PRODUCTIONS CITY OF WYLIE Item No. C City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular Meeting of: January 25, 2005 Other: Consent X Department: Parks and Recreation Department Prepared By: Robert Diaz, Asst. Superintendent Date Prepared: January 17, 2005 Exhibits: Resolution/Contract AGENDA SUBJECT: Consider and act upon a Resolution authorizing the City Manager to enter into a contract with Stewart Schwensen Productions in an amount not to exceed $12,000.00 for a fireworks show for the July 4th event to be held Friday, July 1, 2005 in Founders Park. RECOMMENDED ACTION: Staff recommends approval. SUMMARY: The Parks and Recreation Department has contracted with Stewart Schwensen Productions since 2001 to produce the summer concert series held in Olde City Park and Community Park. This contract covers the costs of a pyrotechnics show following the 4th of July concerts at Founders Park. Staff is currently working with the pyrotechnic vendor, Pepperhead Pyrotechnics, and the Wylie Fire Marshal to ensure all safety precautions and requirements have been meet. APPROVED BY: Initial Date Department Director: RD \ 01/18/05 City Manager: MBR \ 01/19/05 RESOLUTION NO. 2005-05(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE A CONTRACT IN AN AMOUNT NOT TO EXCEED $12,000.00 BETWEEN THE CITY OF WYLIE, TEXAS AND STEWART SCHWENSEN PRODUCTIONS TO PROVIDE A FIREWORKS SHOW FOR THE 4T" OF JULY EVENT TO BE HELD ON FRIDAY, JULY 1, AT FOUNDERS PARK. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, an agreement in an amount not to exceed $12,000.00 between the City of Wylie, Texas, and Stewart Schwensen Productions to provide a fireworks show for the 4th of July event to be held on Friday, July 1, 2005 at Founders Park. SECTION 2: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED this the 25th day of January, 2005. JOHN MONDY, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No. 2005-05(R) Fireworks Show 504 Riviera Drive McKinney,TX 75070 (972)529-1336 Stewartagent@yahoo.corn Stewart Schwensen Productions, LLC ENTERTAINMENT AGREEMENT Agreement made this 17TH day ofJANUARY,2005 between STEWART SCHWENSEN PRODUCTIONS(hereinafter called Artist)and CITY OF WYLIE, TEXAS (hereinafter called Purchaser). IT IS MUTUALLY AGREED BETWEEN THE PARTIES THAT 1. NAME AND ADDRESS OF ENGAGEMENT: SITE TBA WYLIE,TEXAS 2.DATE OF ENGAGEMENT: INDEPENDENCE DAY CELEBRATION JULY 1,2005 (FRIDAY) 13-15 MINUTE PYROTECHNIC SHOW 3. TYPE OF ENGAGEMENT INDEPENDENCE DAY CELEBRATION 4. HOURS: TENTATIVELY 9:00PM 5. PRICE AGREED UPON: $12,000..00 6.PURCHASER TO MAKE PAYMENTS AS FOLLOWS: $6,000.00 DEPOSIT PAYABLE TO STEWART SCHWENSEN PRODUCTIONS,LLC TO BE RETURNED ALONG WITH SIGNED CONTRACT ON OR BEFORE $6,000.00 BALANCE PAYABLE TO PEPPERHEAD PYROTECHNICS JULY 1,2005. 7. Artist shall at all times have complete supervision,direction and control over the services of its personnel on this engagement and expressly reserves the right to control the manner,means and details of the performance of services,as well as the ends to be accomplished. 8. It is understood that the Artist executes this agreement as an independent contractor and is not an employee of Purchaser. It shall be the responsibility of Artist to withhold and pay over to government authorities any and all income taxes and social security contributions which may be required to be withheld from the musician's fees. 9. It is understood and agreed that Purchaser will not be liable for any loss or damage to any equipment belonging to Artist while such equipment is on the premises of the Purchaser.. 10.SPECIAL PROVISIONS 1. PURCHASER TO PROVIDE ADEQUATE POWER SUPPLY 2. ARTISTS TO BE PAID IN FULL ON EACH CONTRACTED DATE REGARDLESS OF WEATHER CONDITIONS"RAIN OR SHINE" 11. AGENT PROVISIONS: A. The percentage of commission included in the gross price of this engagement is N/A.Commission shall be held in trust by leader as fiduciary and forwarded to agent within 5 days of receipt,or 1)the agent has the authority to cancel the following engagement,or 2)at the request of agent,present purchaser is authorized to withhold from leader any commissions due STEWART SCHWENSEN PRODUCTIONS. Delinquent commission shall accrue interest at 1%per month, and if litigation is necessary for collection,attorneys fees shall be paid by debtor,unless prohibited by applicable local law. B. If leader or key personnel of this musical group,is re-booked into this or any establishment represented by the purchaser(including chain buyers of music)within 2 yrs from the termination of this agreement,Purchaser and Leader shall be jointly and severally liable for payment to STEWART SCHWENSEN PRODUCTIONS for commission in the rate set forth in this engagement. 12. UNION PROVISIONS: Artists agreed to insure that members of unions or guilds,which may include the leader and members of this unit,agree to accept sole responsibility for complying with the rules and regulations of said unions or guilds of which they maybe members,Agent does not represent that artist is affiliated with any musician's union. 13. ARBITRATION OF CONTROVERSIES Any controversies over the terms or conditions of this agreement will be submitted to a civil court or the office of the American Arbitration Association or Canadian equivalent in Collin County,Texas,and decision accepted as non-binding on all parties concerned. If decision involves a monetary payment which is not paid in 30 days,collection or attorney fees shall be paid by debtor. This agreement shall be construed under and in accordance with the laws of the State of Texas and is specifically performable in Collin County,Texas. The parties agree that Purchaser has not waived its sovereign immunity by enterting into and performing its obligations under this agreement. 14.The recording,reproduction,or transmission of Artist's performance is prohibited absent written consent of Artist and his union. 15.We acknowledge and confirm that we have read and approve the terms and conditions set forth in this contract. Signature Signature Purchaser CITY OF WYLIE,TEXAS Leader STEWART SCHWENSEN PRODUCTIONS Address 2000 HIGHWAY 78 NORTH Address 504 RIVIERA DRIVE City/State WYLIE,TX 75098 City/State MCKINNEY,TX 75070 COMMENCEMENT OF ENGAGEMENT TOGETHER WITH PHYSICAL DELIVERY OF THIS CONTRACT IS DEEMED TO BE AN ACCEPTANCE OF ALL TERMS BY THE PURCHASE PLEASE SIGN CONTRACT-KEEP(1)COPY FOR YOUR FILES AND RETURN(1)COPY TO STEWART SCHWENSEN PRODUCTIONS CITY OF WYLIE Item No. D City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: January 25, 2005 Special Called Meeting Department: Public Services Prepared By: Michael Sferra Date Prepared: January 14, 2005 Proposal for Professional Services Exhibits: Resolution AGENDA SUBJECT: Consider and act upon approving a resolution and authorizing the City Manager to execute a contract for Professional Services with Freese and Nichols, Inc. in the amount of$60,300 for the development of a Storm Water fee for the City. RECOMMENDED ACTION: Approval SUMMARY: The FY04-05 budget includes funds for consultant services to study and develop a Storm Water fee. The City issued a Request for Proposals in October, received four submittals in November, and staff has interviewed and selected the firm of Freese and Nichols, Inc. as the firm that submitted the best proposal for the requested services. The collection of Storm Water fees is a common practice in many area communities such as Allen, Colleyville, Flower Mound, Grapevine, Plano, North Richland Hills, Mesquite, and others. The collected fees can be used for the development of a Storm Water Master Plan, drainage system capital improvements, personnel, and equipment that would otherwise be funded from a City's General Fund. The fees can even be used to reimburse the original funding sources of the study. Additionally, these fees can be used to help the City comply with the Texas Commission on Environmental Quality's pending Phase II Municipal Separate Storm Sewer System mandates expected to be implemented later this year. If approved by Council, the consultant will begin work on a fee development process anticipated to last nearly eight months. During that time, staff will work to educate the public and commercial interests on the development and necessity of the fee. Council would be approached fairly early during this process to approve an ordinance creating a Storm Water Utility. Other decision points regarding fee exemptions and fee structure would also be brought to Council. The resulting fee would then be approved and implemented by resolution at the end of the approximate eight month process and become a component of the monthly utility billing process. APPROVED BY: Initial Date Department Director: MS \ 01/18/05 City Manager: Age' \ /-/1<x( RESOLUTION NO. 2005-06(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE A CONTRACT FOR PROFESSIONAL SERVICES FOR THE DEVELOPMENT OF STORM WATER FEES BETWEEN THE CITY OF WYLIE, TEXAS AND FREESE AND NICHOLS, INC. WHEREAS, the City of Wylie has deemed the necessity of a storm water utility; and WHEREAS, the storm water utility will provide steady and reliable sources of funds to address pending federal storm water quality regulations as well as continuing storm water drainage system operations and maintenance; and WHEREAS, such fees can be used for the development of a storm water master plan, drainage system capital improvements, personnel and equipment; and WHEREAS, such fees can also be used to maintain the City's compliance with State and Federal mandates of Storm Sewer Systems; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, a contract for professional services between the City of Wylie, Texas, and Freese and Nichols, Inc. SECTION 2: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED this 25th day of January, 2005. JOHN MONDY, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution 2005-06(R) Storm Water Utility 1 Freese and N 1 C h 0_s, Inc. Engineers Environmental Scientists Architects 4055 International Plaza,Suite 200 Fort Worth,Texas 76109 817 735-7300 817 735-7491 fax www.freese.com January 13, 2005 Mr. Mike Sferra Public Services Director 2000 Highway 78 North Wylie, TX 75098 Dear Mr. Sferra: We are pleased to submit this proposal to provide professional services to the City of Wylie for the development of a storm water utility. We understand that the City needs the storm water utility to provide a steady and reliable source of funds to address pending unfunded federal storm water quality regulations, as well as continuing storm water drainage system operations and maintenance needs. We will utilize our experience in municipal finance and storm water management in performing our services. SCOPE OF SERVICES Freese and Nichols will render the following professional services in connection with the development of the Project: Kickoff meeting/identification of policies and goals Freese and Nichols will conduct an initial meeting with the City to introduce project team members, review the planned project approach, and present for discussion key policy issues to address for the creation of the storm water utility fund.The City's policies and goals will dictate the approach to the development of the storm water utility fee. The following policy issues will be discussed at the initial meeting to determine the framework for the storm water utility development process. ❖ Degree of storm water management financing by the utility fee ❖ Approach to assessing utility fee to individual properties ❖ Fee structure ❖ Use of bonds backed by storm water utility for drainage capital improvements ❖ Property owner incentives to minimize their impact on the drainage system ❖ Exemptions for certain property owners, as allowed by law ❖ Public outreach goals Collection of property data for fee development Freese and Nichols will compile available data necessary to assign the appropriate impervious area(the basis for the storm water utility fee)to the correct property and the correct owner.The City of Wylie/Freese and Nichols—Storm Water Utility Letter Agreement January 13,2005 Page 2 following data will be evaluated and analyzed, as necessary, for use in determining each developed property's contribution to the drainage system: ❖ Appraisal district parcel data ❖ Recent aerial photography for the City ❖ Planimetrics, if available ❖ Water utility billing database City council work session In conjunction with City staff, Freese and Nichols will present to City Council an overview of the storm water utility concept, review its benefits and drawbacks, and obtain input from the Council. The work session will be intended to gauge initial Council support for a storm water utility, the need or desire for public involvement, and preferred policies for the utility. Storm water utility ordinance Freese and Nichols will provide the City a draft storm water utility ordinance for Council adoption. A draft public notice will be provided to the City for publishing in a publication of general circulation in the Wylie area three times beginning at least 30 days prior to a public hearing, which must be held prior to the vote by City Council. Identify storm water management costs and revenue requirements The storm water utility fee is required to be based on the City's cost of providing drainage service. Based on the City's policies and goals for the storm water utility, Freese and Nichols will work with the City staff to develop a five-year program strategy for storm water management in the City. Cost projections will be compiled from a variety of sources, including: ❖ Existing storm water system costs ❖ Interviews with City staff ❖ Review of drainage capital improvement plans, if available ❖ Financial analysis of contingency funds, reserve funds, and other additional needed fund balances including debt service requirements, if included ❖ Public input, as deemed appropriate by the City Types of storm water management program costs to be identified for the five-year program projection include the following: ❖ Storm system maintenance equipment costs ❖ Labor expenses for existing and proposed drainage crews ❖ Storm water master plan development ❖ Drainage system capital improvements ❖ Engineering for drainage improvements ❖ Compliance with storm water-related regulatory requirements ❖ Administration expenses City of Wylie/Freese and Nichols—Storm Water Utility Letter Agreement January 13,2005 Page 3 Develop rate basis for individual property fee assessment Freese and Nichols will develop a standard unit to use for assessing the appropriate fee level for each affected property.The standard unit,the Equivalent Residential Unit(ERU),will be based on the median average of the impervious area for up to 100 randomly selected single-family residential properties in the City. Impervious area for each non-single family residential property in the City will be determined. Freese and Nichols will conduct up to two meetings with City staff to associate impervious area values with the correct accounts in the City's utility billing system. The City will need to provide at the meetings a listing of active non-single family residential accounts for completion of this task. Develop financial planning table Freese and Nichols will develop a financial planning table to project the storm water utility fee budget over the next five years. The financial table will incorporate anticipated costs for providing storm water service,expected City growth, administration fees, and operating reserve funds, as well as consideration for the issuance of bonds for larger storm water capital improvement projects. Develop fee exemption policy We will help the City develop a policy for fee exemptions and fee credits.The City is required to exempt certain properties, such as unimproved land, from the utility fee. Other exemptions, such as for state-owned property, are specifically allowed but not required by Texas law. We will provide a summary analysis memorandum with the projected financial effect of exempting City, school district, churches, and other exempt-eligible properties. Determine fee structure and rate level Based on the basic proposed fee structure identified by the City in the initial policy-setting meeting, and from the City council work session,we will develop up to three fee rate options for City staff review. Each option will include an analysis of fee level by property category, projected annual revenue, and impact to the level of drainage service to be provided by the City. A list of fees for non-residential accounts will be identified for each option as well.We will meet with the City staff to review and discuss the feasibility of each option for presentation to City Council. We will present the three storm water utility fee options, along with our recommended selection, to City Council in one work session.We will seek guidance from Council regarding the preferred approach at this session. Provide base storm water utility data to city After the development of the funding approach, fee levels and rate structure, it is critical to seamlessly integrate the new fee into the City's existing billing systems. We will provide rate data for non-residential properties to the City for incorporation into the existing utility billing system. We will conduct up to one meeting with City staff to assist in the integration of storm water utility information into the City's utility billing database. City of Wylie/Freese and Nichols—Storm Water Utility Letter Agreement January 13,2005 Page 4 Develop fee appeal and update procedures We will assist the City to develop procedures to handle appeals of storm water utility fees and database updates for new development.This may involve the coordination of building permit or zoning activities to update the utility fee when property characteristics change, such as the addition of a building. We will coordinate and conduct up to one meeting with City staff to develop a routine system review process to update the storm water utility fee on an annual basis.Procedures to develop anticipated revenue needs, adjust utility fees, update the appeals process, enforce payment of the fee, and provide quality control over the billing system will be developed and provided in a memorandum report. Draft storm water utility report Prior to final implementation of the storm water utility fee,we will provide a draft report to the City for the storm water utility program.The report will include information developed to date for the storm water utility study, including: ❖ Specific projected revenue needs for the next five years ❖ Proposed fee structure, including property categories and rate levels ❖ Debt financing structure, if applicable ❖ Revenue projections for the next five years ❖ Proposed fee exemption policy ❖ Proposed fee appeals process ❖ Proposed fee update process,including coordination with other City departments and activities ❖ Enforcement mechanisms ❖ Quality assurance/quality control procedures ❖ Ordinance implementing storm water utility ❖ Draft resolution for storm water utility fee schedule ❖ Account fee tables to show fee rates for specific properties Council presentation and adoption of fee schedule If the Council chooses to adopt a fee schedule to assess a storm water utility fee,we will assist the City with required public hearings; provide assistance with outreach to answer technical questions or concerns that the Council and/or public may have about the utility fee. We will prepare a presentation with supporting technical information for the City Council providing an overview of each of the components of the storm water utility. The presentation will include a summary of the identified storm water management program needs,a discussion of the utility fee rate structure, and a projection of the annual utility revenues. Final report We will incorporate the comments of City staff and Council and provide the City with five (5) copies of the final storm water utility report upon implementation of the storm water utility fee City of Wylie/Freese and Nichols—Storm Water Utility Letter Agreement January 13,2005 Page 5 schedule.The report will provide the background documentation, procedures, rates, and other relevant information for the storm water utility fee. ADDITIONAL SERVICES Upon request Follow-on Assistance After adoption of the storm water utility ordinance and fee schedule, Freese and Nichols is available to provide as needed technical assistance to the City for the initial implementation of the new program. Types of assistance may include: ❖ addressing community questions and providing public education materials, ❖ assisting City staff with initial training, and ❖ facilitating City staff with the implementation of newly developed procedures for administering the storm water utility. Public Outreach A critical portion of the development of a new municipal fee is public understanding and acceptance. If requested by the City, we will work with the City to assess the public's receptiveness to the storm water utility fee.To obtain public and Council support for necessary storm water fees,we will work with the City to implement appropriate public involvement and education activities early in the development process. Educating the public about the purpose and benefits for the storm water management program can be accomplished through existing methods, such as billing inserts, mailers, web sites and community outreach. City of Wylie/Freese and Nichols—Storm Water Utility Letter Agreement January 13,2005 Page 6 TIME OF COMPLETION Freese and Nichols is authorized to commence work on the Project upon execution of this Agreement and agrees to complete the services in accordance with the following schedule: Basic Services Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan 05 05 05 05 05 05 05 05 05 05 05 06 Kickoff meeting/ ' ■■■■■■■■ identification of policies ■■■ Collection of property data for fee development vx� City council work session � ' ;h�■■■■■■■■■■ € ■■ ■■■■■ Storm water utility rs' • , ordinance Identify storm water costs ■ . and revenue requirements � � g�• s ' Develop rate basis for [ n ■■■■■■■ property assessment k � �3 � 421 2,11 Develop financial planning table ■ `. ■■■■■■ Develop fee exemption ■■■ ■ ■■■■ policy ■■ Determine fee structure ■■■■■ and rate level ■■■■ � ° • Provide base storm water ■ utility data to City ■■■■■■ - ■■■■ Develop fee appeal and ■■ ■■■■■ update procedures ■■■■ Draft storm water utility ■■■:4;.• A■■■■ report ■■ a. E. Council presentation and p of fee schedule ■■■■■■ ��°;■ adoption �' �� '�'��, Final report ___ ■■■. � • : Additional services (upon request) Follow-on assistance Public education and f • ,; • , outreach ��r�`. �s �cA.,.,..��.1 `�,..,;,.. �..�� ;�~-�'s� �i8,an�1?2.««s�..°>:� If Freese and Nichols' services are delayed through no fault of Freese and Nichols, Freese and Nichols shall be entitled to equitable adjustment of compensation and Freese and Nichols shall be entitled to adjust contract schedule consistent with the number of days of delay. City of Wylie/Freese and Nichols—Storm Water Utility Letter Agreement January 13,2005 Page 7 RESPONSIBILITIES OF THE CITY OF WYLIE The City shall perform the following in a timely manner so as not to delay the services of Freese and Nichols: A. Provide Freese and Nichols with the following: ❖ the most recent available aerial photography for the City in digital format ❖ electronic appraisal parcel data with associated information, including site address and property owner B. Update the City's existing utility billing database to include the appropriate rates determined in the study for each eligible utility account. C. Designate in writing a person to act as the City's representative with respect to the services to be rendered under this Agreement. Such person shall have contract authority to transmit instructions, receive information,interpret and define the City's policies and decisions with respect to Freese and Nichols' services for the Project. D. Provide all criteria and full information as to the City's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements,flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which the City will require to be included in the plans and specifications. E. Assist Freese and Nichols by placing at Freese and Nichols' disposal all available information pertinent to the Project including previous reports and any other data relative to the Project. F. Arrange for access to and make all provisions for Freese and Nichols to enter upon public and private property as required for Freese and Nichols to perform services under this Agreement. G. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by Freese and Nichols, obtain advice of an attorney, insurance counselor and other consultants as the City deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of Freese and Nichols. H. The City shall make or arrange to have made all subsurface investigations, including, but not limited, to borings, test pits, soil resistivity surveys, and other subsurface explorations. The City shall also make or arrange to have made the interpretations of data and reports resulting from such investigations. All costs associated with such investigations shall be paid by the City. I. Provide such accounting,independent cost estimating and insurance counseling services as may be required for the Project, such legal services as the City may require or Freese and Nichols may reasonably request with regard to legal issues pertaining to the Project. City of Wylie/Freese and Nichols—Storm Water Utility Letter Agreement January 13,2005 Page 8 DESIGNATED REPRESENTATIVES Freese and Nichols and the City designate the following representatives: City's Designated Representative Mr. Mike Sferra Public Services Director 2000 Highway 78 North Wylie, Texas 75098 972-442-8108 phone 972-442-8154 fax msferra@ci.wylie.tx.us City's Accounting Representative Ron Hutchison Interim Finance Director 2000 Highway 78 North Wylie, Texas 75098 972-442-8144 phone 972-442-8105 fax rhutchison@ci.wylie.tx.us Freese and Nichols' Project Manager Trey Shanks 1701 N. Market Street Dallas, Texas 214-217-2221 phone 413-235-2405 fax ts@freese.com Freese and Nichols' Accounting Representative Bill Grozdanich 1701 N. Market Street Dallas, Texas 214-217-2254 phone 214-920-2565 fax bjg@freese.com COMPENSATION FNI proposes to furnish our services as described herein in accordance with Attachment CO, "Compensation". The total fee for Basic Services shall be computed on the basis of Attachment CO but shall be the lump sum fee of Sixty Thousand Three Hundred Dollars($60,300). If FNI sees the Scope of Services changing so that additional services are needed, FNI will notify the City for the City's approval before proceeding. Additional services shall be computed based on the Schedule of Charges found in Attachment CO. Payment of the services shall be due and payable upon submission of a statement for services. Statements for services shall not be submitted more frequently than monthly. TERMS AND CONDITIONS OF AGREEMENT We propose to furnish our services as described herein in accordance with Attachment TC, "Terms and Conditions of Agreement". City of Wylie/Freese and Nichols—Storm Water Utility Letter Agreement January 13,2005 Page 9 We appreciate this opportunity to submit this proposal to provide professional engineering services to the City for the development of a storm water utility. If additional information or clarification is desired, please do not hesitate to contact us. If you are in agreement with the services described above and wish for us to proceed with this assignment,please sign below and return one copy of the agreement for our files. Yours very truly, Approved: FREESE AND NICHOLS, INC. CITY OF WYLIE By: Y Title: Trey Shanks Project Manager Date: Barbara A. Nickerson Vice President COMPENSATION A. Basic Services: Compensation to FNI for the Basic Services shall be the lump sum of Sixty Thousand Three Hundred Dollars ($60,300). If FNI sees the Scope of Services changing so that additional services are needed,including but not limited to those services described as Additional Services, FNI will notify the City for the City's approval before proceeding. Additional Services shall be computed based on the Schedule of Charges. B. Schedule of Charges for Additional Work: Staff Member Salary Cost Times Multiplier of 2.3 Resident Representative Salary Cost Times Multiplier of 2.0 Salary Cost is defined as the cost of payroll of engineers, draftsmen, stenographers, surveymen, clerks,laborers,etc., for the time directly chargeable to the project, plus social security contributions, unemployment compensation insurance, retirement benefits, medical and insurance benefits, longevity payments, sick leave, vacation and holiday pay applicable thereto. (Salary Cost is equal to 1.5851 times payroll. This factor is adjusted annually.) Other Direct Expenses Actual Cost Times Multiplier of 1.15 Other direct expenses shall include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from Fort Worth and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff members. Rates for In-house Services Computer Printing $10.00 per hour Black and White $0.10 per copy Plotter Color Bond $ 2.50 per plot $0.50 per copy Special $ 5.00 per plot Binding $5.75 per book Testing Apparatus Density Meter $350.00 per month Gas Detection $ 10.00 per test 3-10-04 01-01-02 ATTACHMENT TC TERMS AND CONDITIONS OF AGREEMENT 1. DEFINITIONS: The term Owner as used herein refers to the City of Wylie The termFNl as used herein refers to Freese and Nichols,Inc.,its employees and agents;also its subcontractors and their employees and agents. As used herein, Services refers to the professional services performed by Freese and Nichols pursuant to the AGREEMENT. 2. CHANGES: Owner,without invalidating the AGREEMENT,may order changes within the general scope of the WORK required by the AGREEMENT by altering, adding to and/or deducting from the WORK to be performed. If any change under this clause causes an increase or decrease in FNI's cost of,or the time required for,the performance of any part of the Services under the AGREEMENT, an equitable adjustment will be made by mutual agreement and the AGREEMENT modified in writing accordingly. 3. TERIVIINATION: The obligation to provide services under this AGREEMENT may be terminated by either party upon ten days' written notice. In the event of termination, FNI will be paid for all services rendered and reimbursable expenses incurred to the date of termination and,in addition, all reimbursable expenses directly attributable to termination. 4. CONSEQUENTIAL DAMAGES: In no event shall FNI or its subcontractors be liable in contract,tort, strict liability, warranty,or otherwise for any special,indirect,incidental or consequential damages,such as loss of product,loss of use of the equipment or system,loss of anticipated profits or revenue,non-operation or increased expense of operation or other equipment or systems. 5. INFORMATION FURNISHED BY OWNER: Owner will assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. FNI shall have no liability for defects or negligence in the Services attributable to FNI's reliance upon or use of data, design criteria, drawings, specifications or other information furnished by Owner and Owner agrees to indemnify and hold FNI harmless from any and all claims and judgments,and all losses,costs and expenses arising therefrom. FNI shall disclose to Owner,prior to use thereof,defects or omissions in the data,design criteria,drawings,specifications or other information furnished by Owner to FNI that FNI may reasonably discover in its review and inspection thereof. 6. INSURANCE: FNI shall provide to Owner certificates of insurance which shall contain the following minimum coverage (All limits in thousands): Commercial General Liability Workers'Compensation General Aggregate $2,000 Each Accident $500 Automobile Liability(Any Auto) Professional Liability CSL $1,000 $3,000 Annual Aggregate 7. SUBCONTRACTS: If,for any reason,at any time during the progress of providing Services,Owner determines that any subcontractor for FNI is incompetent or undesirable, Owner will notify FNI accordingly and FNI shall take immediate steps for cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in the AGREEMENT shall create any contractual relation between any subcontractor and Owner. 8. OWNERSHIP OF DOCUMENTS: All drawings,reports data and other project information developed in the execution of the Services provided under this AGREEMENT shall be the property of the Owner upon payment of FNI's fees for services. FNI may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for reuse by Owner or others. Any reuse by Owner or by those who obtained said documents from Owner without written verification or adaptation by FNI will be at Owner's sole risk and without liability or legal exposure to FNI, or to FNI's independent associates or consultants, and Owner shall indemnify and hold harmless FNI and FNI's independent associates and consultants from all claims,damages,losses and expenses including attorneys'fees arising out of or resulting therefrom. Any such verification or adaptation will entitle FM to further reasonable compensation. FNI may reuse all drawings,report data and other project information in the execution of the Services provided under this AGREEMENT in FNI's other activities. Any reuse by FNI will be at FNI's sole risk and without liability or legal exposure to Owner,and FNI shall indemnify and hold harmless Owner from all claims,damages,losses and expenses including attorneys'fees arising out of or resulting therefrom. l, FNI ►64-PA OWNER 9. POLLUTANTS AND HAZARDOUS WASTES: It is understood and agreed that FNI has neither created nor contributed to the creation or existence of any hazardous,radioactive,toxic,irritant,pollutant,or otherwise dangerous substance or condition at the site,if any,and its compensation hereunder is in no way commensurate with the potential risk of injury or loss that may be caused by exposures to such substances or conditions. The parties agree that in performing the Services required by this AGREEMENT,FM does not take possession or control of the subject site,but acts as an invitee in performing the services,and is not therefore responsible for the existence of any pollutant present on or migrating from the site. Further,FNI shall have no responsibility for any pollutant during clean-up,transportation, storage or disposal activities. 10. OPINION OF PROBABLE COSTS: FNI will furnish an opinion of probable project development cost based on present day cost,but does not guarantee the accuracy of such estimates. Opinions of probable cost,financial evaluations, feasibility studies,economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs prepared by FM hereunder will be made on the basis of FNI's experience and qualifications and represent FNI's judgment as an experienced and qualified design professional. It is recognized,however,that FNI does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractors' methods of determining their prices. 11. CONSTRUCTION REPRESENTATION: If required by the AGREEMENT, FM will furnish Construction Representation according to the defined scope for these services. FNI will observe the progress and the quality of work to determine in general if the work is proceeding in accordance with the Contract Documents. In performing these services,FNI will endeavor to protect Owner against defects and deficiencies in the work of Contractors;FM will report any observed deficiencies to Owner,however,it is understood that FM does not guarantee the Contractor's performance, nor is FNI responsible for the supervision of the Contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or the safety precautions and programs incident to the work of the Contractor. FM shall not be responsible for the acts or omissions of any person (except his own employees or agent) at the Project site or otherwise performing any of the work of the Project. If Owner designates a person to serve in the capacity of Resident Project Representative who is not a FNI's employee or FNI's agent, the duties, responsibilities and limitations of authority of such Resident Project Representative(s)will be set forth in writing and made a part of this AGREEMENT before the Construction Phase of the Project begins. 12. PAYMENT: Progress payments may be requested by FM based on the amount of services completed. Payment for the services of FNI shall be due and payable upon submission of a statement for services to OWNER. Statements for services shall not be submitted more frequently than monthly. Any applicable new taxes imposed upon services, expenses, and charges by any governmental body after the execution of this AGREEMENT will be added to FNI's compensation. If OWNER fails to make any payment due FNI for services and expenses within thirty(30)days after receipt of FNI's statement for services therefore,the amounts due FNI will be increased at the rate of one percent(1%)per month from said thirtieth (30th) day, and, in addition, FNI may, after giving seven (7) days' written notice to OWNER, suspend services under this AGREEMENT until FNI has been paid in full,all amounts due for services,expenses and charges. 13. ARBITRATION: No arbitration arising out of, or relating to, this AGREEMENT involving one party to this AGREEMENT may include the other party to this AGREEMENT without their approval. 14. SUCCESSORS AND ASSIGNMENTS: OWNER and FNI each are hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and FNI are hereby bound to the other party to this AGREEMENT and to the partners,successors,executors,administrators and legal representatives(and said assigns)of such other party,in respect of all covenants, agreements and obligations of this AGREEMENT. Neither OWNER nor FNI shall assign,sublet or transfer any rights under or interest in(including,but without limitation, moneys that may become due or moneys that are due)this AGREEMENT without the written consent of the other,except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment,no assignment will release or discharge the assignor from any duty or responsibility under this AGREEMENT. Nothing contained in this paragraph shall prevent FM from employing such independent associates and consultants as FM may deem appropriate to assist in the performance of services hereunder. 15. PURCHASE ORDERS: If a Purchase Order is used to authorize FNI's Services,only the terms,conditions/instructions typed on the face of the Purchase Order shall apply to this AGREEMENT. Should there be any conflict between the Purchase Order and the terms of this AGREEMENT,then this AGREEMENT shall prevail and shall be determinative of the conflict. FM mod"\- OWNER CITY OF WYLIE Item No. E City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: January 25, 2005 Other: Department: Engineering Prepared By: Chris Hoisted Date Prepared: 01/10/05 Exhibits: Agreement, Resolution AGENDA SUBJECT: Consider and act upon approval of a resolution authorizing the City Manager to execute an agreement with U.S. ROW for right-of-way acquisition services for the Ballard Ave. paving project. RECOMMENDED ACTION: Approval SUMMARY: The Ballard Avenue paving project was funded in the City's 1999 bond program as well as the 1999 Collin County bond program. The project includes the expansion of Ballard Ave. to 4-lanes of concrete pavement from Stone Rd. to Alanis Dr. and 2-lanes of concrete pavement south of Alanis. Construction plans for the project are 90% complete and utility companies have been notified of the proposed improvements. Some right-of-way has already been acquired by the City and some has been dedicated by recent development along the roadway. The fee for the acquisition is $43,050 and includes 13 parcels and one structure. The consultant will start the acquisition immediately upon approval. The acquisition process typically takes 6-12 months and construction will begin immediately thereafter. To date approximately $300,000 has been spent on the Ballard project for engineering services and right-of-way purchases. The City bond included $2,600,000 and the county bond included $1,070,647 for the project. APPROVED BY: Initial Date Department Director: CH \ 01/10/04 City Manager: \ 1 RESOLUTION NO. 2005-07(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE THE CONTRACT FOR RIGHT-OF- WAY ACQUISITION SERVICES BETWEEN THE CITY OF WYLIE, TEXAS AND U.S. ROW. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, the contract for right-of-way acquisition services between the City of Wylie, Texas, and U.S. ROW, SECTION 2: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED this 25th day of January, 2005. JOHN MONDY, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2005-07(R) ROW acquisition 1 EXHIBIT"A" Contract for Right-of-Way acquisition services by U.S. ROW T • PRICING AND FEES U.S.ROW proposes to perform right of way services for the following fees: The following prices are for file set up, title commitment, one offer and one counter offer for acquisition, gross market appraisal study and full appraisal for the relocation, relocation, mortgage releases for tracts over $10K and support for condemnation through commissioners hearing. City of Wylie, Ballard Street Project Set up,Title Commitment,Fee Acquisition, 1 Relocation, Condemnation Support& Mortgage Releases *A11 parcel payments,title insurance,and closing fees required to be paid at closing by the City will be requested by the CONSULTANT and paid directly by the City. Per Parcel Total Acquisition—Fee $2,450 13 parcels $31,850 Relocation $3,000 1 parcel $3,000 Gross Market Appraisal $600 12 parcels $7,200 Appraisal Full $1000 1 parcel $1000 U.S. Right of Way Fees: $43,050. Per Parcel Additional Services • Business Relocation $3,500 • Coordinating condemnation hearings $1,500 • Per Hour Cost for Additional Services not listed $75.00 • Appraisal for condemnation $1000 The City of Wylie will be billed at the following pay points every 30 days by the 18. *File Set Up &Title $450 Offer $800 Closing or Final Offer $550 File Turned to City $650 Appraisal Costs at cost Accepted: U.S. ROW City of Wylie United States Rignt of Way Acquisition Company 1454 Javelin Way Lewisville TX 75077 CITY OF WYLIE Item No. F City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: January 25, 2005 Other: Department: Engineering Prepared By: Chris Hoisted Date Prepared: 01/18/04 Exhibits: Resolution AGENDA SUBJECT: Consider and act upon approval of a Resolution recommending the abandonment of right-of-way by TxDOT along SH 78 at the intersection with Birmingham Avenue. RECOMMENDED ACTION: Approval SUMMARY: The City secured Federal Demonstration Funds in 1998 for multiple projects along SH 78 which included the construction of a pedestrian bridge at the intersection with Birmingham Avenue. As a result, an additional 50' of right of way was secured by TxDOT on SH 78 at that location. The adjacent property owners have requested that this right of way be abandoned allowing for redevelopment of the properties and access to SH 78. The resolution request that the property be transferred to Collin County which would enable the property to be sold to the adjacent owners. APPROVED BY: Initial Date Department Director: CH \ 01/18/04 City Manager: MBR \ 01/19/05 RESOLUTION NO. 2005-08(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, TO RECOMMEND THE ABANDONMENT OF EXCESS RIGHT-OF-WAY ON S.H. 78 AT THE INTERSECTION OF BIRMINGHAM AVENUE. WHEREAS, S.H. 78 serves as a regional intermodal connector in southeast Collin County between Interstate 30, U.S. 75, F.M. 205 and S.H. 190; and WHEREAS, the reconstruction of S.H. 78, which travels through the heart of the community, will have significant and long term impacts on the mobility, economic viability, land use, and development standards throughout Wylie, including the areas surrounding the historic downtown; and WHEREAS, the relocation of the Kansas City Sounthern rail line adjacent to S.H. 78 and the transfer of the right-of-way to TxDOT and Collin County made it possible to redevelop property along S.H. 78, and WHEREAS, the City secured Federal Demonstration Funds in the amount of $275,000 for the construction of a pedestrian crossing at S.H. 78 and Birmingham Avenue; and WHEREAS, the City finds that the pedestrian bridge is no longer necessary. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Council recommends that the 50-feet of right-of-way necessary for the construction of the pedestrian bridge be abandoned by TxDOT and transferred to Collin County. SECTION 2: The City Council requests the construction funds for the pedestrian bridge be used for the remaining federal demonstration projects. SECTION 3: This Resolution shall take effect immediately upon its passage. Resolution No.2005-08(R) SH78 ROW DULY PASSED AND APPROVED this 25th day of January, 2005. JOHN MONDY, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2005-08(R) SH78 ROW - I 1 -.' \/. i 1 I /' /'- -_ • '.•f,. �. I ♦ N• 11 - c' I / ' . Il // EXHIBIT"A" •,' _ 1 v4.r'• '// Right-of-Way Display , .' •i/ Z_ I— I— / , /ct. f _j� 0 f T\\ _ — ,,'/ ". F,�q 1 t . V �I�oPoseD2 wi Lh St 4 8 `� fr" /\ * �1 Proposed 'R.O.W. - Begin 5 -5 s10ewaIk off Back of Curb 6"/ ' — — / JOSEPH S. JANCUSKA / ._._ — _ ......_. — -. __.-- 51 LT 5ta 488.03 —1 _.. .. --- • _ Existing R.O.W. 1--•IQ — — Sta 487.98.9 /,� = �/ 0 761 43 al.. - --- ----La l:_ �/ PP _—r ao' O �t�o, •�F(;ISTERE�'�F(`r' i-— - - l�-- --- N 5 IEl:, 13.449=E„ —_ -__• — - l --� — - 7 l��s$��'.....�� r 485.00ly I 19.5', 'Cr �\\�11 vI H-MON-3 1600., • _ __ The sappearinonathicument wsR75' R20 I-- - ..7..., / '� ; / Exist ii ng R.o.w. authorized by o / (./ r, • Proposed R.O.W. • '" Joseph S. Jancuska,dewolk / \., Remove Existing ACP /2 P. E. 76143, on i 64' RT Sto 486.52.3 \ 483.13 n / 91' RT Sta 486.68.5 i `,\ / 2001 / 77.1' RT Sta 486.91.8 �' / / 120' RT Sto 486.85. // I \ c �'� f (38.7' RT Sta 48E•98.8 // / k ,x '` 41p -�\\ / / `•.\ ' .37' Width j/^e/ 1..• / /// v`,.'Si�.y�\ `\ is-,, \��,/(, / 87 l �•a 4' 33.01' (LT) l' I ://.- , 7 ./ny\ ,':..N N• -•\ 35' 29.61" /!' ;/ '1 /;_s ., /' i/_- \ '.01 Z' •/.:. N. � ,\ -'\ 37 04 Note: All Driveway Radii are 10' unless noted on plans SHEET TOTALS EST. FINAL UNIT DESCRIPTION MINIM , . 560 STA = 485.80.00 EL . 551.80' L - 1,000.00' ex = -2.,61' 555 K = 475 (.11.6054 % „ ( 10.5000 X - --r- _ _ Ex sting 550 PCL 1 — 545 Plan Prof i l e ---.1_-- 5 4 0 Shee1- • • —1_ 535 exas Dem-lard a' Tromp:della ©2001 Scale H: 1'=100' 530 v: ("•l0` Sheet 2 f 1( co O co o I- m •D r- rn D�r:HROD: FEDERAL AID PROJECT HO. "NU.' CO`D 0.1r1 mom, mo Nn Ino ,o al mn co co mcv m— r-o 1Dv 6 STP 2001 (5891 MM 46 O.CO STATE DIST. COUNTY NIiCr vv Pv vv cc;cc', aT a+ V', N 01O O1O ,O a1O Q V C V Q 1n V in Yin P tn- In n n v n inn u ,o ^^ ^ ^ ^^ ^n v ^ ^o, 525 TEXAS DAL COLLLN 484.00 485.00 486.00 487.00 488.00 489.00 490.00 CONT. SECT. JOT NICNMAY NO —'-- n9R1 no n.10 ,-ii ... CITY OF WYLIE Item No. G City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular: Consent X Meeting of: January 25, 2005 Other: Department: Planning Prepared By: Claude Thompson Date Prepared: January 14, 2005 Exhibits: 1 AGENDA SUBJECT: Consider and act upon approval of a Preliminary Plat for Birmingham Ranch Addition. RECOMMENDED ACTION: The Planning and Zoning Commission voted 5-0 on November 2, 2004 to recommend approval. The City Council denied the plat on November 9, 2004 due to a lack of alleys. SUMMARY: This Preliminary Plat will create 53 single-family residential lots with the minimum lot size of 10,000 square feet. The City Council approved a waiver of the alley requirement on January 11, 2005. The Plat complies with the Subdivision Regulations and all pertinent code requirements of the City of Wylie. 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Roath and Julie Fort Date Prepared: January 18, 2005 Exhibits: 3 AGENDA SUBJECT: Hold a Public Hearing and Consider and Act upon Ordinance No. # 2005-05, A Cable Television Franchise Agreement between the City of Wylie and GTE Southwest, Inc. d/b/a Verizon Southwest. RECOMMENDED ACTION: Approve. SUMMARY: Verizon is currently in the process of upgrading its existing telecommunications facilities in the City by installing a state-of-the-art Fiber to the Premise Telecommunications Network ("FTTP Network") in the City. Verizon is installing its FTTP Network as a common carrier of telecommunications pursuant to Title II of the Communications Act, and in accordance with Chapter 283 of the Texas Local Government Code and its certificate of public convenience and necessity issued by the Public Utility Commission of Texas. All permits have been issued by the City in accordance with its right-of-way management ordinance. Verizon has chosen Wylie to be one of the first communities in the nation to receive the benefits of this t TIP Network which utilizes fiber-optic cables and associated optical electronics instead of copper wire to connect customers to Verizon's telecommunications network. Once installed, Verizon's FTTP Network will use laser- generated pulses of light to transmit voice, data and video signals via the fiber at speeds and capacities far exceeding today's copper-cable systems. Among the services that Verizon's FTTP Network will enable is cable television service. Thus, Verizon seeks to use the FTTP Network to provide cable television service to Wylie residents under the terms and conditions of the proposed attached Cable Franchise Agreement. The proposed franchise agreement is for fifteen years and provides that Verizon will offer cable television service to all residents in its Service Area, as defined by the Agreement, and will pay the City quarterly franchise fee payments of five percent of Gross Revenues. Verizon will provide dedicated access for City and educational programming and has reserved a third access channel for future use. Customer service requirements are included. The proposed APPROVED BY: Initial Date Department Director: City Manager: MBR \ 01/18/2005 AGENDA SUBJECT: Hold a Public Hearing and Consider and Act upon Ordinance No. # 2005-05, A Cable Television Franchise Agreement between the City of Wylie and GTE Southwest, Inc. d/b/a Verizon Southwest. SUMMARY: (Continued) franchise agreement is competitively neutral with the City's incumbent agreement (and in some cases better) and is comparable to other franchises being adopted in other cities in the metroplex. ORDINANCE NO. 2005-05 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS GRANTING A CABLE FRANCHISE GRANTED TO GTE SOUHWEST, INC. DB/A VERIZON SOUTHWEST SETTING FORTH THE TERMS AND CONDITIONS TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE SYSTEM IN THE CITY OF WYLIE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has conducted a public hearing in regards to the adoption of this Ordinance; and WHEREAS,the City Council of the City of Wylie has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to provide free competition and to provide citizens a choice of cable service providers; and WHEREAS, the City Council desires to grant, and GTE Southwest, Inc d/b/a Verizon Southwest("Verizon")desires to accept the Cable Franchise Agreement adopted by this Ordinance; 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: Franchise Granted. A cable franchise is hereby granted to Verizon subject to, and in accordance with, all of the terms and conditions set forth in the Cable Franchise Agreement attached hereto as Exhibit 1 and incorporated as if fully set forth herein for all purposes. SECTION 3: Effective Date. This Ordinance shall become effective on the Effective Date, as defined in Exhibit 1, which shall be a date after the adoption and publication of this Ordinance as required by the City Charter and by law. Ordinance No. 2005-05 Verizon Cable Franchise 1 • SECTION 4: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, a Cable Franchise agreement between the City of Wylie, Texas, and GTE Southwest, Inc d/b/a Verizon Southwest. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 25`h day of January, 2005. JOHN MONDY, MAYOR ATTESTED TO AND CORRECTLY RECORDED BY: CAROLE EHRLICH City Secretary Ordinance No. 2005-05 Verizon Cable Franchise 2 THE CITY OF WYLIE MANAGER'S MEMORANDUM DATE ISSUED: January 18, 2005 MEMORANDUM NO. 05-03 A 1`l'ENTION: Honorable Mayor and Members of the City Council SUBJECT: Ordinance No. #2005-05, A Cable Television Franchise Agreement between the City of Wylie and GTE Southwest, Inc. d/b/a Verizon Southwest I. Recommendation: Prior to final adoption of the proposed Cable Franchise Agreement by and between the City of Wylie, Texas (the "City") and GTE Southwest, Inc., d/b/a Verizon Southwest ("Verizon"), City Staff recommends that the City Council: 1) Review this Staff Report with respect to Verizon's proposed Cable Franchise Agreement with the City; 2) Gather public input on the proposed Cable Franchise Agreement during the public hearing on January 25, 2005; and 3) Consider and concur by motion with the City Staffs Findings as set forth in Section VI below. II. Background: Verizon is currently in the process of upgrading its existing telecommunications facilities in the City by installing a state-of-the-art Fiber to the Premise Telecommunications Network ("FT1P Network") in the City. Verizon is installing its FTTP Network as a common carrier of telecommunications as permitted by Tide II of the Communications Act, and in accordance with Chapter 283 of the Texas Local Government Code and its certificate of public convenience and necessity issued by the Public Utility Commission of Texas. All permits have been issued by the City in accordance with its right-of-way management ordinance. Verizon has chosen the City to be one of the first communities in the nation to receive the benefits of this FTTP Network which utilizes fiber-optic cables and associated optical electronics instead of copper wire to connect customers to Verizon's telecommunications network. Once installed, Verizon's F 1`1'P Network will use laser- generated pulses of light to transmit voice, data and video signals via the fiber at speeds and capacities far exceeding today's copper-cable systems. Among the services that Verizon's F 1'l'P Network will enable is cable television service. Thus, Verizon seeks to use the F 1TP Network to provide cable television service to the City's residents under the terms and conditions of the proposed Cable Franchise Agreement in competition with Comcast, the City's existing cable television operator. The City will be one of the first communities in the nation to receive Verizon's fiber-based cable television service. Notice of the public hearing before the City Council to consider the proposed Cable Franchise Agreement and a copy of the proposed Cable Franchise Agreement negotiated with the City Staff was made available to the public and has been available for inspection in the City Secretary's office since January 18, 2005. The City scheduled the public hearing before the City Council on the proposed Cable Franchise Agreement for January 25, 2005. As set forth more fully below, negotiations between Verizon and the City have resulted in an agreement that contains a number of provisions designed to further the best interests of the City and its residents. Approval of the proposed Cable Franchise Agreement will be a significant step towards bringing the benefits of cable competition to the City's residents. Because the City is served by one incumbent cable television operator at this time, our citizens do not currently have the benefit of competition. We believe that awarding a franchise to Verizon will give the City's residents in Verizon's Title II telephone service area, for the first time, a choice of more than one provider of cable service. In addition, Verizon has committed to offering cable television service to certain future areas that the City annexes pursuant to the terms of the Cable Franchise Agreement. III. Major Provisions of Verizon's Proposed Cable Franchise Agreement: City Staff has negotiated the proposed Cable Franchise Agreement with Verizon based on the City Staffs identification and prioritization of the cable-related needs and interests of our residents. The proposed Cable Franchise Agreement with Verizon includes the following key provisions: • Provision of cable television service to all residential areas of Verizon's designated Service Area. Proposed Cable Franchise Agreement § 3; • Quarterly franchise fee payments of five percent (5%) of Gross Revenues, as defined. Proposed Cable Franchise Agreement §§ 1.19, 7.1; • A fifteen year franchise term. Proposed Cable Franchise Agreement § 2.3; • Educational and governmental programming can be provided by WISD and the City due to Verizon providing dedicated educational access and governmental access channels and the requirement to attempt to interconnect with the existing cable television operator(s) in the City for the carriage of the educational and governmental access programming on these channels.- Proposed Cable Franchise Agreement§ 6; • Customer service requirements that include requirements regarding telephone availability for customer inquiries, billing, installation and service calls, complaint procedures, and communications with subscribers. Proposed Cable Franchise Agreement§ 8, Exhibit D; • Liability insurance. Proposed Cable Franchise Agreement § 10.1. Other pertinent provisions of the proposed Cable Franchise Agreement include: • Enforcement and termination provisions. [Proposed Cable Franchise Agreement § 13]; • Technical standards for operation of Verizon's cable television system. [Proposed Cable Franchise Agreement§ 5]; • Emergency Alert System requirements. [Proposed Cable Franchise Agreement § 5.3]; • Reporting and recordkeeping requirements. [Proposed Cable Franchise Agreement§ 9];and • Franchise renewal and transfer procedures. [Proposed Franchise Agreement §§ 11, 12]. IV. Legal Requirements: A copy of the proposed Cable Franchise Agreement negotiated with the City Staff was made available to the public and has been available for inspection in the City Secretary's office since January 18, 2005. The January 25, 2005 public hearing before the City Council to consider the proposed Cable Franchise Agreement was duly noticed by the City Council Agenda. Federal law favors competition in the provision of cable television services directly to consumers and it is broadly recognized at all levels of government that cable competition benefits consumers by encouraging greater efficiency, lower prices, and improved customer service. City Staff specifically notes the following: • Congress, the General Accounting Office, and the FCC have specifically found that wire line competition in the provision of cable television service results in higher customer service quality, improved programming and lower rates. See, e.g., 47 U.S.C. § 521(6) (stating that it is the purpose of the Cable Act to "promote competition in cable communications"); H.R. Rep. 102-628 ("The Committee continues to believe that competition is essential both for ensuring diversity in programming and for protecting consumers from potential abuses by cable operators possessing market power ... The Committee believes that steps must be taken to encourage the further development of robust competition," including encouraging "cable overbuilds."); General Accounting Office, Wire-Based Competition Benefited Consumers in Selected Markets, Report to the Subcommittee on Antitrust, Competition Policy and Consumer Rights, Committee on the Judiciary, U.S. Senate (Feb. 2004); Annual Assessment of the Status of Competition in the Market for the Delivery of Video Programming, MB Docket No. 03-172, FCC 04-5, ¶ 11 (2004). • Consumer advocates repeatedly have confirmed the positive effects of wire line cable competition. See, e.g., The Failure of Cable Deregulation: A Blueprint for Creating a Competitive, Pro-Consumer Cable Television Marketplace, U.S. Public Interest Research Group,August 2003. • Grant of the franchise will bring competitiveness for video programming service to the City's residents and will result in a positive economic impact for subscribers. With the grant of a franchise to Verizon, the City will be one of first communities in the nation where residents and businesses have available to them a "triple play" of video, voice and data over a state-of-the- art FTTP communications network. This F 1"1'P network will enable the City's residents to enjoy a top-of-the-line digital cable television service, with unparalleled high-definition capabilities and channel capacity, unencumbered by the need to "share" bandwidth with voice and data. • Granting Verizon a franchise will also increase cable television penetration, adding subscribers to the City's franchise fee base. Some residents who do not currently subscribe to cable television or who are satellite customers today will subscribe to Verizon's video service, thereby increasing the overall number of subscribers generating revenue on which cable franchise fees are paid. The increase in content choices that will result from Verizon's service offerings has the potential to create more purchases in the higher cable tiers, increasing the franchise fee revenue base in this manner as well. • City Staff has also determined that the grant of a franchise to Verizon will not result in any unreasonable adverse aesthetic impact upon public or private property within the City. • Verizon seeks a franchise from the City to provide cable television services over Verizon's existing F UP network, once completed. The F 1TP network carrying Verizon's cable television services will be constructed, operated and maintained as an upgrade to and/or extension of Verizon's existing telecommunications facilities pursuant to authority granted by the State; thus, Verizon is not required to obtain a franchise from the City to construct its F 1'1'I' network. Because the facilities used to provide Verizon's cable television services will be the same facilities used to provide the other services that will be carried by Verizon's F 1`l'P network, the grant of a cable television franchise to Verizon will have no additional adverse aesthetic effect on public or private property. • During the installation of its FTTP network, Verizon has worked closely in coordination with the City's Public Services Department to minimize disruptions and adverse impacts to our streets. V. City Staff Findings: A. Verizon Meets Appropriate Financial, Technical and Legal Require- ments. Federal law, Section 621(a) (4) of the Communications Act, 47 U.S.C. § 541(a) (4), allows a franchise authority to require adequate assurance that the cable operator has the financial, technical, or legal qualifications to provide cable service. City Staff Findings: Based upon the representations set forth by Verizon, City Staff has concluded that Verizon has demonstrated the financial, technical and legal qualifications and the ability to provide cable television service in the City. B. Verizon Will Provide the City's Residents in its Service Area with Non- Discriminatory Access to Cable Television. Federal law, Section 621 of the Communications Act, 47 U.S.C. § 541(a) (3), requires that a cable television franchise "assure that access to cable service is not denied to any group of potential residential cable subscribers because of the income of the residents of the local area in which such group resides." City Staff Findings: City Staff concludes that the proposed Cable Franchise Agreement with Verizon complies with the requirements set forth in Section 541(a) (3). City Staff negotiated the proposed Cable Franchise Agreement to require Verizon to provide cable service to "all residential areas" of its Service Area. (Cable Franchise Agreement at § 3.1.1) In addition, the proposed Cable Franchise Agreement explicitly states that "Franchisee shall not discriminate between or among any individuals in the availability of Cable Service." See id. § 3.2. City Staff has determined that Verizon has committed to make its cable television service available uniformly throughout such area within a reasonable time and in a sequence which does not discriminate against lower income or minority residents and that Verizon's commitment complies with federal law. Moreover, City Staff has negotiated extensive customer service requirements, including requirements regarding telephone availability for customer inquiries, billing, installation and service calls, complaint procedures, and communications with subscribers. See Proposed Cable Franchise Agreement § 8 and Exhibit D thereto.' After review of Verizon's service plans, proposed ❖ Verizon plans initially to offer Broadcast Television, High Definition TV (HDTV), Personal Video Recorders (PVR), Interactive Programming Guide (IPG), and Pay Per View (PPV) Movies and Events. The Broadcast Television offering will consist of both analog and digital channels. The analog tier will be carried "in the clear" (i.e. will not require the use of a set-top-box for receipt of service) and will include local, public/educational/government (PEG) where appropriate, and select cable channels. The programming line-up, customer service requirements and particularly in light of the future capabilities provided by. the FLIT Network, City Staff concludes that Verizon may be expected to provide outstanding service quality to the City's residents who choose its cable service. C. No Rate Regulation. As part of the 1996 amendments to the Communications Act, local communities must be certified by the FCC to regulate cable rates, and may regulate only rates for the basic service tier and only for cable operators that are not subject to "effective competition" as defined under the Act. The City's authority to regulate rates of upper programming tiers (or so-called cable programming service tiers) sunset in 1999. 47 U.S.C. 5 543(c) (4). City Staff Findings: As a new competitive entrant into the cable market, Verizon is, by definition, subject to "effective competition." See 47 U.S.C. §543(1). As such, the City may not regulate Verizon's cable rates. Despite the City's lack of ability to regulate Verizon's basic rates, Verizon has committed that its FTTP Consumer Cable Service will be feature rich and fully competitive with the existing cable service offerings in the market. D. Verizon's Proposed Cable Franchise Agreement Is Competitively Neutral With Comcast's Cable Franchise Agreement. City Staff notes that Texas is not a so-called "level playing field" jurisdiction; that is, Texas does not have a State statute requiring that no additional cable franchises may be granted on terms "more favorable or less burdensome" than those terms in an existing franchise. Even if such a standard were in effect (which is not the case), there is an extensive body of case law that makes clear that such language does not require that the terms of additional franchises be identical to those of an incumbent's franchise. See, e.g., New England Cable Television Assn. v. Dept. of Pub. Util. Control, 717 A.2d 1276, 1287 (Conn. Sup. Ct. 1998) (PUC which granted statewide franchise to competitor not required to make term-by-term or franchise-by-franchise comparisons; rather "it is the totality of the terms that controls the determination of whether one certificate is more favorable than another"); United Cable Television Service Corp. v. Dep't of Public Utility Control, 663 A.2d 1011, 1025 (Conn. Sup. Ct. 1995) (level playing field inquiry "requires consideration of the entire package of terms and conditions required of both cable providers in order adequately to determine whether has been favored over the other"); Insight Communications Co., L.P. v. City of Louisville, 2003 WL 21473455 (Ky. App.June 27, 2003) (granting the city's summary judgment motion against incumbent, stating that "there will never be an apple-to-apple comparison for Insight and other franchisee simply because Insight is the incumbent ... No new cable television franchisee can ever be in the same position as a thirty-year veteran)." digital channel line-up will duplicate the analog line-up(so called"dual carry") and will include additional cable channels, premium cable channels, digital music channels, an interactive program guide (IPG), HDTV programming and PPV programming. For digital tiers, a set top box (STB) will be required for receipt of service. Verizon plans to provide one STB with the initial purchase of a digital service. Customers will be offered the option to upgrade STBs to include support for HDTV, a PVR,or both. City Staff Findings: City Staff has determined that the material provisions of the proposed •Cable Franchise Agreement are competitively neutral with the provisions in Comcast's cable television franchise, and do not provide Verizon with an unfair competitive advantage. In addition, City Staff has determined that the proposed Cable Franchise Agreement with Verizon does not deprive any party of equal protection under the law. Although City Staff does not believe that there are any "material" differences between the proposed Cable Franchise Agreement and Comcast's existing franchise, to the extent (if any) that any differences were deemed "material," City Staff believes that any such differences are fully justified by the distinguishing features between the two providers. First, while Verizon will provide cable television service to residents over its state-of-the art FTTP network, Comcast provides cable television service over an ordinary hybrid fiber-coaxial cable network, which network dedicates a smaller amount of bandwidth exclusively to cable television service. Second, Comcast's network was constructed as a stand-alone cable system, rather than as an upgrade to existing telecommunications facilities as in the case of Verizon. Unlike Comcast's network, the City's regulatory authority under Title VI of the Communications Act of 1934 does not extend to the construction, installation, maintenance or operation of Verizon's FTTP Network to the extent the F fl'P Network is being constructed, installed, maintained and operated for the purpose of upgrading and/or extending Verizon's existing telecommunications facilities for the provision of non-cable television services. See Proposed Cable Franchise Agreement §§ 2.2.3. E. The City Retains Control Over Its Public Right-Of-Way City Staff notes that Verizon's Cable Franchise Agreement does not contain provisions related to the construction of the F F1P Network in the City's Right-Of-Way. City Staff Findings: City Staff has determined that the City retains regulatory control over the City's Public Right-Of-Way under relevant provisions of the Texas's Public Utility Code and Local Government Code, the City's Right-Of-Way Management Ordinance (Ordinance No. 2001-54), the City's permit authorizing construction of the FFIP Network, and the Cable Franchise Agreement. VI. Conclusion: Based on evidence presented to City Staff and representations made by Verizon and in light of the legal requirements above, we conclude that the City Council's grant of a nonexclusive franchise to provide cable television service to Verizon is in the public interest and complies with applicable Texas and federal law. City Staff further fords that Verizon's Cable Franchise Agreement is competitively neutral with Comcast's cable franchise agreement. Therefore, following the public hearing on January 25, 2005, we recommend that the City Council approve and authorize the City Manager to execute the proposed Cable Franchise Agreement. If you have any questions, please do not hesitate to contact me. i'(ear... /teetf MARK B. ROATH, City Manager Cable Franchise Agreement by and between City of Wylie, Texas and GTE Southwest, Inc. d/b/a Verizon Southwest Dated: , 2005 TABLE OF CONTENTS ARTICLE PAGE 1. DEFINITIONS 4 2. GRANT OF AUTHORITY; LIMITS AND RESERVATIONS 9 3. PROVISION OF CABLE SERVICE 11 4. SYSTEM OPERATION 13 5. CABLE SYSTEM 13 6. EG SERVICES 14 7. FRANCHISE FEES 15 8. CUSTOMER SERVICE 16 9. REPORTS AND RECORDS 16 10. INSURANCE AND INDEMNIFICATION 17 11. TRANSFER OF FRANCHISE 20 12. RENEWAL OF FRANCHISE 20 13. ENFORCEMENT AND TERMINATION OF FRANCHISE 20 14. MISCELLANEOUS PROVISIONS 22 15 PUC WAIVER 25 EXHIBITS Exhibit A: Initial Service Area, Extended Service Area and Additional Service Areas Exhibit B: Municipal Buildings to be Provided Free Cable Service Exhibit C: EG Channels Exhibit D: Customer Service Standards Exhibit E: Franchise Fee Schedule/Report 2 THIS CABLE FRANCHISE AGREEMENT (the "Franchise" or"Agreement") is entered into by and between the City of Wylie, a duly organized city under the applicable laws of the State of Texas (the Local Franchising Authority or "LFA") and GTE Southwest, Inc. d/b/a Verizon Southwest, ("Verizon Southwest") a corporation duly organized under the applicable laws of the State of Texas (the "Franchisee"). WHEREAS,LFA wishes to grant Franchisee a nonexclusive franchise to construct, install, maintain,extend and operate a Cable System in the Franchise Area as designated in this Franchise; and WHEREAS, LFA is a "franchising authority" and, following the installation of the FTTP Network (defined below), Franchisee will become a"cable operator" in accordance with Title VI of the Communications Act(see 47 U.S.C. § 522(10) and § 522(5)) and is authorized to grant one or more nonexclusive cable franchises; and WHEREAS, Franchisee is in the process of installing a Fiber to the Premise Network ("FTTP Network" as further defined below) in the Franchise Area for the transmission of Telecommunication Services pursuant to authority granted by the State of Texas under Chapter 283 of the Texas Local Government Code and Information Services pursuant to federal law; and WHEREAS, the FTTP Network will occupy the Public Rights-of-Way within LFA, and Franchisee desires to use portions of the FTTP Network once installed to provide Cable Services (as hereinafter defined), for which a franchise is required pursuant to 47 U.S.C. § 541(b)(1), in the Franchise Area; and WHEREAS, LFA has identified the future cable-related needs and interests of LFA and its citizens and has determined that Franchisee's plans for its Cable System are adequate, in a full public proceeding affording due process to all parties; and WHEREAS, LFA has found Franchisee to provide assurances as set forth in 47 U.S.C. §541(a) to operate the Cable System; and WHEREAS, LFA has determined that the grant of a nonexclusive franchise to Franchisee is consistent with the public interest; and WHEREAS, LFA and Franchisee have reached agreement on the terms and conditions set forth herein and the parties have agreed to be bound by those terms and conditions. NOW, THEREFORE, in consideration of LFA's grant of a franchise to Franchisee, Franchisee's promise to provide Cable Service to residents of the Franchise/Service Area of LFA pursuant to the terms and conditions set forth herein, the promises and undertakings herein, and other good and valuable consideration, the receipt and the adequacy of which are hereby acknowledged, THE SIGNATORIES DO HEREBY AGREE AS FOLLOWS: 3 1. DEFINITIONS Except as otherwise provided herein,the definitions and word usages set forth herein shall apply in this Agreement. In addition, the following definitions shall apply: 1.1. Access Channel: A video Channel, which Franchisee shall make available to LFA without charge for public, educational, or governmental use for the transmission of video programming as directed by LFA. 1.2. Affiliate: Any Person who, directly or indirectly, owns or controls, is owned or controlled by, or is under common ownership or control with, Franchisee. 1.3. Basic Service: Any service tier, which includes the retransmission of television broadcast signals within the Dallas-Fort Worth Metroplex as well as the EG Channels required by this Franchise. 1.4. Cable Service or Cable Services: Shall be defined herein as it is defined under Section 602 of the Communications Act, 47 U.S.C. § 522(6). 1.5. Cable System or System: Shall be defined herein as it is defined under Section 602 of the Communications Act, 47 U.S.C. § 522(7), which shall be controlling, meaning Franchisee's facility; consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service which includes Video Programming and which is provided to multiple Subscribers within the Service Area. The Cable System shall consist solely of the optical spectrum wavelength(s), bandwidth or future technological capacity used for the transmission of Cable Services directly to Subscribers within the Franchise/Service Area. 1.6. Channel: Shall be defined herein as it is defined under Section 602 of the Communications Act, 47 U.S.C. § 522(4). 1.7. Communications Act: The Communications Act of 1934, as amended. 1.8. Control: The ability to exercise de facto or de jure control over day-to-day policies and operations or the management of corporate affairs. 1.9.Educational Access Channel: An Access Channel available for the use solely of all local public schools in Wylie, Texas that are part of an independent school district which is a political subdivision of the State of Texas and higher education institutions located within the Franchise Area. 1.10. EG Channels: The Educational Access Channel and the Government Access Channel. 1.11. Expanded Service: The Basic Service tier plus the addition of one or more clusters of video programming services which may or may not be offered for an additional monthly charge. 4 1.12. Extended Service Area: The portion of the Franchise Area as set forth in Exhibit A. 1.13. FCC: The United States Federal Communications Commission, or successor governmental entity thereto. 1.14. FTTP Network: Franchisee's communications network which utilizes fiber optic technology to deliver a variety of nanometer frequencies for services originating or terminating over fiber facilities placed to residential premises or other locations using like network facilities. 1.15. Force Majeure: Acts of God, incidences of terrorism, war or riots, labor strikes or civil disturbances, floods, earthquakes, fire, explosions, epidemics, hurricanes, tornadoes, governmental actions and restrictions and other like events. To the extent not reasonably avoidable by Franchisee, Force Majeure also includes work delays caused by waiting for utility providers to service or monitor utility poles to which Franchisee's Cable System is attached, as well as the unavailability of materials and/or qualified labor to perform the work necessary, so long as Franchisee can upon request present written evidence in good faith attesting to the length of such delay and that such delay was reasonably unavoidable. 1.16. Franchise Area: The incorporated area(entire existing territorial limits) of LFA as of the Effective Date of this Franchise, excluding Additional Service Areas reflected on Exhibit A subject to Section 3.1.3 below. 1.17. Franchisee: Verizon Southwest, and its lawful and permitted successors, assigns and transferees. 1.18. Government Access Channel: An Access Channel available for the use solely of LFA, or as provided herein, including the Dedicated Government Access Channel and the Reserved Government Access Channel, as defined herein. 1.19. Gross Revenue: All revenue that Franchisee and its Affiliates(to the extent that either is acting as a provider of Cable Service authorized by this Franchise) derives from the operation of Franchisee's Cable System to provide Cable Service in the Service Area, including but not limited to all Subscriber and customer revenues earned or accrued net of bad debts including revenue for: (i) Basic Service; (ii) Expanded Service; (iii) Pay Television Service; (iv) all fees charged to any Subscribers for any and all Cable Service provided by Franchisee,including without limitation Cable Service related program guides, the installation, disconnection or reconnection of Cable Service; revenues from late or delinquent charge fees; Cable Service related service or repair calls; the provision of converters, remote controls,additional outlets and/or other Cable Service related Subscriber premises equipment, whether by sale, lease or otherwise; (v) revenues from the sale or lease of access channel(s) or channel capacity; (vi) advertising revenues (as described below); and (vii) revenues from home shopping channel providers. Gross Revenue also includes franchise fees imposed on Franchisee by LFA that are passed through from Franchisee as a line item paid by Subscribers. Revenue of an Affiliate derived from the Affiliate's provision of Cable Services shall be Gross Revenue to the extent the treatment of such revenue as revenue of the Affiliate and not of Franchisee has the intentional or unintentional effect of evading 5 the payment of Franchise fees that would otherwise be payable to LFA hereunder. In no event shall revenue of an Affiliate be Gross Revenue of Franchisee if such revenue is subject to franchise fees to be paid to LFA for Cable Services. Advertising revenue is based upon the ratio of the number of Subscribers as of the last day of the period for which Gross Revenue is being calculated to the number of Franchisee's subscribers within all areas covered by the particular advertising source as of the last day of such period, e.g., Franchisee sells two ads: Ad "A" is broadcast nationwide; Ad"B" is broadcast only within Texas. Franchisee has 100 Subscribers in LFA, 500 subscribers in Texas, and 1000 subscribers nationwide. Gross Revenue as to LFA from Ad"A" is 10%of Franchisee's revenue therefrom. Gross Revenue as to LFA from Ad"B" is 20% of Franchisee's revenue therefrom. Gross Revenue shall not include: 1.19.1. Revenues received by any Affiliate or other Person in exchange for supplying goods or services used by Franchisee to provide Cable Service over the Cable System; 1.19.2. Refunds, rebates or discounts made to Subscribers, leased access providers, advertisers, or any party receiving Cable Service pursuant to Section 3.3 below; 1.19.3. Any revenues classified, in whole or in part, as Non-Cable Services revenue under federal or state law including without limitation revenue received from Telecommunications Services; revenue received from Information Services, including without limitation Internet Access service, electronic mail service, electronic bulletin board service, or similar online computer services; charges made to the public for two-way communication; and any other revenues attributed by Franchisee to Non-Cable Services in accordance with FCC or state public utility regulatory commission rules, regulations, standards or orders except that any revenues listed in this paragraph 1.19.3 that are later determined not to be Non-Cable Service revenues pursuant to case law and FCC or state public utility regulatory commission rules, regulations, standards or orders shall be considered Cable Services shall be included in gross revenues accordingly; 1.19.4. Any revenue of Franchisee or any other Person that is received directly from the Subscriber for the sale of merchandise through any Cable Service distributed over the Cable System, notwithstanding that portion of such revenue which represents or can be attributed to a Subscriber fee or a payment for the use of the Cable System for the sale of such merchandise, which portion shall be included in Gross Revenue of Franchisee; 1.19.5. The sale of Cable Service for resale in which the purchaser is required to collect cable franchise fees from purchaser's customer; 1.19.6. The provision of Cable Service to customers at no cost to the extent required or allowed by LFA including without limitation the provision of Cable Services to public institutions as required or permitted in Section 3.3 herein; 1.19.7. Any tax that is imposed upon Franchisee, any Subscriber and/or user of the Cable Service by any governmental unit and collected by Franchisee for such governmental unit including without limitation sales/use tax, gross receipts tax, excise tax, utility users tax, public service tax and communication taxes; • 1.19.8. Any foregone revenue which Franchisee chooses not to receive in exchange for its provision of free or reduced cost cable services to any Person, including without limitation, employees of Franchisee and public institutions or other institutions designated in the Franchise; provided, however, that such foregone revenue which Franchisee chooses not to receive in exchange for trades, barters, services or other items of value shall be included in Gross Revenue; 1.19.9. Sales of capital assets or sales of surplus equipment; 1.19.10. Reimbursement by programmers to Franchisee of marketing costs incurred by Franchisee for the introduction of new programming; and 1.19.11. Any fees or charges collected from Subscribers or leased access providers for an EG grant, pursuant to Section 6.3 herein, or INET payments, pursuant to Section 3.4 herein. 1.20. Initial Service Area: The portion of the Franchise Area as set forth in Exhibit A. 1.21. Information Services: Shall be defined herein as it is defined under Section 3 of the Communications Act, 47 U.S.C. §153(20) and shall include without limitation any service that provides Subscribers with access to the world wide web. 1.22. Interconnect: When Franchisee's FTTP Network is physically connected to an adjacent cable system or cable systems to provide capacity for carriage of EG Channels and to meet EAS requirements set forth in Section 5.3.1 below. 1.23. Internet Access: Dial-up or broadband access service that enables Subscribers to access the Internet. 1.24. Local Franchise Authority (LFA): The City of Wylie, Texas or the lawful successor, transferee, or assignee thereof 1.25. Non-Cable Service: Any service that does not constitute the provision of Cable Service to multiple Subscribers in the Service Area over the Cable System. 1.26. Pay Television Service: Video programming at predetermined times to Subscribers for a fee or charge on a per program or per channel basis, which charge is over and above the charge for Basic Service or Expanded Service. 1.27. Person: An individual, partnership, association, entity, limited liability company,joint stock company, trust, corporation, or governmental entity. 1.28. Public Rights-of-Way: The surface and the area across, in, over, along, upon and below the surface of the public streets, roads, bridges, sidewalks, lanes, courts, ways, alleys, and boulevards,including,public utility easements and public lands and waterways used as Public Rights-of-Way, as the same now or may thereafter exist,which are under the jurisdiction or 7 control of LFA. Public Rights-of-Way do not include the airwaves above a right-of-way with regard to cellular or other nonwire communications or broadcast services. 1.29. Service Area: All portions of the Franchise Area where Cable Service must be provided pursuant to this Agreement, including the Initial Service Area, the Extended Service Area and Additional Service Areas subject to Section 3.1.3 below. 1.30. Subscriber: A Person who lawfully receives Cable Service with Franchisee's express permission within the City of Wylie, Texas. 1.31. Telecommunications Facilities: Franchisee's existing Telecommunications Services facilities and Information Services facilities including the FTTP Network facilities to the extent not used for the Cable System. 1.32. Telecommunication Services: Shall be defined herein as it is defined under Section 3 of the Communications Act, 47 U.S.C. § 153(46). 1.33. Title II: Title II of the Communications Act. 1.34. Title VI: Title VI of the Communications Act. 1.35. Transfer of the Franchise. 1.35.1. Any transaction in which: 1.35.1.1. an ownership or other interest in Franchisee is transferred, directly or indirectly, from one Person or group of Persons to another Person or group of Persons, so that control of Franchisee is transferred; or the rights held by Franchisee under the Franchise are transferred or assigned to another Person or group of Persons. 1.35.1.2. However, notwithstanding subsection 1.35.1.1 above,a Transfer of the Franchise shall not include(i)transfer of an ownership or other interest in Franchisee to the Parent of Franchisee or to another Affiliate of Franchisee when such Affiliate is Controlled by Franchisee or the Parent of Franchisee; (ii)transfer of an interest in the Franchise or the rights held by Franchisee under the Franchise to the Parent of Franchisee or to another Affiliate of Franchisee when such Affiliate is Controlled by Franchisee or the Parent of Franchisee; (iii)any action which is the result of a merger of the Parent of Franchisee; or (iv) any action which is the result of a merger of another Affiliate of Franchisee when such Affiliate is Controlled by Franchisee or the Parent of Franchisee. For purposes of this subsection, "Parent" shall mean any corporation that directly or indirectly owns or Controls Franchisee or Franchisee and the Affiliate. 1.36 Video Programming: Shall be defined herein as it is defined under Section 602 of the Communications Act, 47 U.S.C. § 522(20). 2. GRANT OF AUTHORITY; LIMITS AND RESERVATIONS 8 2.1. Grant of Authority: Subject to the terms and conditions of this Agreement, LFA hereby grants Franchisee the right to own, construct, operate and maintain a Cable System along the Public Rights-of-Way within the Franchise Area in order to provide Cable Service. No privilege or power of eminent domain is bestowed by this grant; nor is such a privilege or power bestowed by this Agreement. 2.2. Additional Compensation; FTTP Network(Title II); Title VI. 2.2.1. Additional Compensation. By granting this Franchise, LFA does not waive and specifically retains any right to regulate and receive compensation as allowed by state and federal law for all services offered over the FTTP Network that are Non-Cable Services including without limitation access line fees on Telecommunication Services pursuant to Chapter 283 of the Texas Local Government Code. Nothing in this Franchise shall be construed to limit any lawful authority of LFA to impose a tax, fee, or other assessment of any kind on any Person (other than the Franchisee or its Affiliates) with respect to cable service provided by such Person over Franchisee's FTTP Network for which charges are assessed to Subscribers but not received by the Franchisee and/or its Affiliates. The parties agree that no term in this Franchise shall preempt or prevent LFA's right to bring a claim under Chapter 283 of the Texas Local Government Code, the Communication Act or other applicable federal or state law. 2.2.2. FTTP Network. Notwithstanding LFA's reservation of rights pursuant to Section 2.2.1 above, the parties recognize that Franchisee elected to construct the FTTP Network prior to seeking this Franchise from LFA for Cable Services, and that the FTTP Network will be operated as an upgrade to and/or extension of Franchisee's existing Telecommunications Facilities,pursuant to Chapter 283 of the Texas Local Government Code and Title II, it will be used to provide Information Services, and it will also be used to provide Cable Services as permitted by this Franchise. The FTTP Network includes the tangible facilities of a common carrier subject in whole or in part to Title II of the Communications Act or of an Information Services provider. Notwithstanding the definition of Cable Service in Section 1.5 herein, in the event that the FTTP Network is used solely for the provision of Cable Service, the FTTP Network shall be deemed a "Cable System" as defined under Section 602 of the Communications Act, 47 U.S.C. § 522(7). 2.2.3. LFA Does Not Regulate Telecommunications. LFA acknowledges that its jurisdiction over Telecommunications Facilities is restricted by federal and state law, and LFA does not assert jurisdiction over Franchisee's FTTP Network in contravention of these limitations, but may assert jurisdiction as allowed by law. LFA's regulatory authority under Title VI of the Communications Act is not applicable to the construction, installation, maintenance or operation of Franchisee's FTTP Network to the extent the FTTP Network is constructed, installed, maintained or operated for the purpose of upgrading and/or extending Verizon's existing Telecommunications Facilities for the provision of Non-Cable Services. 2.3 Term: This Franchise shall become effective on the date set forth on the signature page below (the "Effective Date"); provided, however, that Franchisee agrees to commence providing Cable Service on a commercial basis directly to multiple Subscribers in the Service Area within eighteen (18) months of the Effective Date (the "Beginning Service Date"). The term of this Franchise shall be fifteen (15) years from the Effective Date unless the Franchise 9 is earlier revoked as provided herein. Franchisee shall memorialize the Beginning Service Date by notifying LFA in writing of the same, which notification shall become a part of this Agreement. 2.4 Grant Not Exclusive: The Franchise and the right it grants to use and occupy the Public Rights-of-Way to provide Cable Services shall not be exclusive and nothing herein shall be construed to prevent LFA from granting other franchises for similar uses or for other uses of the Public Rights-of-Way,or any portions thereof,to any Person,or to make any such use themselves, at any time during the term of this Franchise. Any such rights which are granted shall not adversely impact the authority as granted under this Franchise and shall not interfere with existing facilities of the Cable System or Franchisee's FTTP Network. 2.5 Franchise Subject to Federal Law: Notwithstanding any provision to the contrary herein, this Franchise is subject to and shall be governed by all applicable provisions of federal law as it may be amended, including but not limited to the Communications Act. 2.6 No Waiver: 2.6.1 The failure of LFA on one or more occasions to exercise a right or to require compliance or performance under this Franchise or any other applicable law shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance by LFA, nor to excuse Franchisee from complying or performing, unless such right or such compliance or performance has been specifically waived in writing. 2.6.2 The failure of Franchisee on one or more occasions to exercise a right under this Franchise or applicable law, or to require performance under this Franchise, shall not be deemed to constitute a waiver of such right or of performance of this Agreement, nor shall it excuse LFA from performance, unless such right or performance has been specifically waived in writing. 2.7 Construction of Franchise: 2.7.1. The provisions of this Franchise shall be liberally construed to effectuate their objectives. 2.7.2. Nothing herein shall be construed to limit the scope or applicability of Section 625 Communications Act, 47 U.S.C. § 545. 2.7.3. Should any change to state law have the lawful effect of materially altering the terms and conditions of this Franchise, then the parties shall modify this Franchise to the mutual satisfaction of both parties to ameliorate the negative effects on the Franchisee of the material alteration. If the parties cannot reach agreement on the above-referenced modification to the Franchise, then Franchisee may terminate this Agreement without further obligation to the LFA or, at Franchisee's option, the parties agree to submit the matter to binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. 2.8 Police Powers: Nothing in the Franchise shall be construed to prohibit the reasonable, necessary and lawful exercise of LFA's police powers. However, if the reasonable, necessary and lawful exercise of LFA's police power results in any material alteration of the terms 10 and conditions of this Franchise, which material alteration has a material negative financial effect on Franchisee's provision of Cable Service in the Service Area, then the parties shall modify this Franchise to the mutual satisfaction of both parties to ameliorate the negative effects on Franchisee of the material alteration. If the parties cannot reach agreement on the above-referenced modification to the Franchise, then Franchisee may terminate this Agreement without further obligation to LFA or, at Franchisee's option, the parties agree to submit the matter to binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. 2.9 Franchisee's Use of GAAP. Franchisee represents and warrants that all of its financial and accounting records and books are maintained in accordance with generally accepted accounting principles. 3. PROVISION OF CABLE SERVICE 3.1. Service Areas: 3.1.1. Initial Service Area: Franchisee shall provide Cable Service to all residential areas of the Initial Service Area and may make Cable Service available to businesses in the Initial Service Area, within eighteen (18) months of the Effective Date of this Franchise, except: (A)for periods of Force Majeure; (B)for periods of delay caused by LFA; (C) for periods of delay resulting from Franchisee's inability to obtain authority to access rights-of-way in the Service Area; (D) in areas where developments or buildings are subject to claimed exclusive arrangements with other providers; (E)in developments or buildings that Franchisee cannot access under reasonable terms and conditions after good faith negotiation, as determined by Franchisee; and (F) in developments or buildings that Franchisee is unable to provide Cable Service for technical reasons or which require non-standard facilities which are not available on a commercially reasonable basis; and(G) in areas where the occupied residential household density does not meet the density requirement set forth in Subsection 3.1.1.1. 3.1.1.1. Density Requirement: Franchisee shall make Cable Services available to residential dwelling units in all areas of the Service Area(including the Initial Service Area, the Extended Service Area and the Additional Service Areas pursuant to the terms set forth herein,) where the average density is equal to or greater than thirty (30) occupied residential dwelling units per mile as measured in strand footage from the nearest point on the active FTTP Network trunk or feeder line. Should, through new construction, an area within the Initial Service Area or the Extended Service Area meet the density requirements after the time stated for providing Cable Service as set forth in Subsections 3.1.1, 3.1.2 and 3.1.3 respectively, Franchisee shall provide Cable Service to such area within six (6) months of receiving notice that the density requirements have been met. Upon written request from LFA, Franchisee agrees to confirm within thirty (30) days whether a density requirement has been met within the portion of the Service Area that is the subject of the required notice. LFA may request to meet with Franchisee annually regarding customer service requests for service where density under this Section 3.1.1.1 is in question or requires resolution by Franchisee. 11 3.1.2. Extended Service Area: Within seven (7) years following the Effective Date, Franchisee shall provide Cable Service in the Extended Service Area subject to the conditions of Subsection 3.1.1 above and the other terms set forth herein. 3.1.3. Additional Service Areas: Aside from the Initial Service Area and the Extended Service Area, Franchisee shall not be required to extend its Cable System or to provide Cable Services to any other area within the Franchise Area ("Additional Service Areas") as delineated in Exhibit A. The parties agree that land annexed by the City of Wylie,Texas during the term of this Franchise shall be Additional Service Areas;provided,however,that such annexed areas shall be part of the Franchise Area and Franchisee shall be required to extend Cable Service within a reasonable time to such annexed areas that (a) are contiguous to LFA, (b) within Franchisee's Title II service territory served by the FTTP Network and (c) meet the density requirement set forth in Section 3.1.1 above. 3.2. Availability of Cable Service: Franchisee shall make Cable Service available to all residential dwelling units and may make Cable Service available to businesses within the Service Area in conformance with Section 3.1 and Franchisee shall not discriminate between or among any individuals in the availability of Cable Service. In the areas in which Franchisee shall provide Cable Service, Franchisee shall be required to connect, at Franchisee's expense, all residential dwelling units that are within one hundred fifty (150) feet of trunk or feeder lines not otherwise already served by Franchisee's FTTP Network. Franchisee shall be allowed to recover, from a Subscriber that requests such connection, actual costs incurred for residential dwelling unit connections that exceed one hundred fifty (150) feet and actual costs incurred to connect any non-residential dwelling unit Subscriber. 3.3. Cable Service to Public Buildings: Franchisee shall provide,within thirty(30) days of a written request thereof and without charge within the Service Area, one service outlet activated for Basic Service to each fire station,police station,public library, city hall, other public buildings, and public school building or facility operated by an independent school district that is located in Wylie, Texas, as may be initially designated or in the future designated by LFA in Exhibit B (the "Public Facility(ies)"); provided, however, that if it is necessary to extend Franchisee's trunk or feeder lines more than one hundred fifty (150) feet solely to provide service to any such Public Facility, LFA or local independent school districts shall have the option either of paying Franchisee's direct costs for such extension in excess of one hundred fifty (150) feet, or of releasing Franchisee from the obligation to provide service to such Public Facility. Furthermore, Franchisee shall be permitted to recover, from any Public Facility owner entitled to free service, the direct cost of installing, when requested to do so, more than one outlet, or concealed inside wiring,or a service outlet requiring more than one hundred fifty(150)feet of drop cable;provided, however, that Franchisee shall not charge for the provision of Basic Service to the additional service outlets once installed. Franchisee will make one (1) service outlet available at city hall without charge for the purpose of monitoring Basic Service and Expanded Service. In the event that LFA or any local school authority referenced herein constructs or leases new Public Facilities within Franchisee's Title II service territory and served by the FTTP Network during the term of this Franchise, Franchisee agrees that it will provide one (1) free service outlet to such in accordance with the terms of this Section 3.3; provided, however, that Franchisee shall not be required to provide any such free service outlet if the new Public Facility is located outside Franchisee's Title II service territory and not served by the FTTP Network. 12 3.4. INET. If, during the term of the Franchise, another cable operator provides LFA with an institutional network, as defined in Section 611(c) of the Communications Act ("INET"), Franchisee agrees to enter into good faith negotiations, within sixty (60) days of being requested to do so, with LFA as to Franchisee's provision of a pro rata, per Subscriber grant to LFA in relation to Franchisee's proportional share (in relation to other cable operators) of the incremental, verifiable cost to the cable operator of such an INET; provided, however, that LFA agrees that it will require all cable operators within the Franchise Area to make equitable pro rata contributions toward the construction of any such INET. LFA further agrees to reimburse such cable operator for any pro rata, per Subscriber payments made by Franchisee. 4. OPERATION Franchisee shall provide Cable Service in full compliance with this Franchise and applicable law. 5. CABLE SYSTEM 5.1. Cable System Characteristics: Franchisee's Cable System shall meet or exceed the following requirements: 5.1.1. The Cable System shall be designed with an initial analog passband of 860 MHz. 5.1.2. The Cable System shall be designed to be an active two-way plant utilizing the return bandwidth to permit such services as impulse pay-per-view and other interactive services. 5.2. Interconnection: Franchisee's Cable System may interconnect with other cable systems in the Franchise Area subject to Section 6.1.3 below. Interconnection of systems may be made by direct cable connection, microwave link, satellite, or other appropriate methods. 5.3. Emergency Alert System: 5.3.1. Franchisee shall comply with the Emergency Alert System("EAS") requirements of the FCC in order that emergency messages may be distributed over the System. 5.3.2. LFA shall permit only appropriately trained and authorized Persons to operate the EAS equipment and shall take reasonable precautions to prevent any use of the Cable System in any manner that results in inappropriate use thereof, or any loss or damage to the Cable System. Except to the extent expressly prohibited by law, LFA shall hold Franchisee, its employees, officers and assigns harmless from any claims arising out of use of the EAS including without limitation reasonable attorneys' fees and costs. 5.3.3. Service for Hearing Impaired: Franchisee shall take any and all reasonable steps necessary to comply with any FCC or other federal or state requirements regarding altering or adapting programming for the hearing impaired. Franchisee shall not take any action to remove or alter closed captioned programming provided for the hearing impaired as 13 part of any programming. Franchisee shall deliver intact such closed captioning in the manner in which it arrives at the headend or from another origination source to the Cable Service. 6. EG SERVICES 6.1. EG Set Aside 6.1.1. In order to ensure universal availability of educational and government programming, Franchisee shall provide on the Basic Service Tier one (1) dedicated Educational Access Channel and one (1) dedicated Government Access Channel for LFA's exclusive use(the"Dedicated Government Access Channel"). In addition,Franchisee will reserve, to be on a Basic Service Tier, digital service tier or other technology tier that may exist as permissible under federal law, one (1) government access channel which the LFA may use or which the LFA may allow either (a) any County of the State of Texas in which LFA is located or (b) any institution of higher education located within LFA to use; provided, however, that Franchisee consents in writing to such use, which consent Franchisee shall not unreasonably withhold (the "Reserved Government Access Channel"). 6.1.2. At least sixty (60) days prior to beginning use of an EG Channel, LFA, or the entity authorized under the terms of this Franchise to use such channel ("Authorized User"), shall notify Franchisee of the programming to be carried on such EG Channel set aside by Franchisee. Thereafter, Franchisee shall assign the EG Channels on its channel line-up as set forth in such notice. In the event that the requested channel assignment is in conflict with a pre-existing channel assignment, LFA and Franchisee with jointly determine what available channel assignment will be used. If the Educational Access Channel or the Reserved Government Access Channel provided under this Article is not being utilized by the Authorized User or LFA, respectively, Franchisee may utilize such Educational Access Channel and Reserved Government Access Channel, in its sole discretion, until such time as LFA elects to utilize the Educational Access Channel and/or Reserved Government Access Channel for its intended purpose. If, after twelve (12) months following the Beginning Service Date, the Dedicated Government Access Channel provided under this Article is not being utilized by the LFA, Franchisee may utilize such Dedicated Government Access Channel, in its sole discretion, until such time as LFA elects to utilize the Dedicated Government Access Channel for its intended purpose. Franchisee shall not permit any other governmental entity to utilize LFA's Government Access Channels during the term of this Franchise without LFA's prior written permission. 6.1.3. Franchisee shall use reasonable efforts to interconnect its Cable System with the existing cable operator(s). Promptly after LFA grants the Franchise, the Franchisee shall initiate interconnection negotiations with the existing cable operator(s) to cablecast, on a live basis, public, educational and governmental access programming consistent with this Franchise. Interconnection may be accomplished by direct cable, microwave link, satellite or other reasonable method of connection. Franchisee shall negotiate in good faith with existing cable operator(s) respecting reasonable, mutually convenient, cost-effective, and technically viable interconnection points, methods, terms and conditions. The LFA shall require the existing cable operator(s) to provide such interconnection to the Franchisee on reasonable terms and conditions. The construction costs and ongoing expenses of interconnection shall be fairly shared between the Franchisee and the existing cable operator(s). The Franchisee and the 14 existing cable operator(s) shall negotiate the precise terms and conditions of an interconnection agreement. The LFA shall use its best efforts to facilitate these negotiations. If Franchisee is unable to reach such an agreement within thirty (30) days after requesting in writing to interconnect with other local cable operator(s), LFA shall use its best efforts to aid in discussions and resolution of such dispute. If no agreement is reached within an additional thirty (30) days, Franchisee agrees that LFA shall designate the point of interconnection. If the cost of interconnection would be unreasonable, interconnection is not technically feasible or would cause an unacceptable increase in Subscriber rates, or if an existing cable operator will not agree to reasonable terms and conditions of interconnection, the Franchisee will be under no obligation to carry EG programming originating on the cable system of the existing cable operator or to interconnect the Cable System. 6.2 All local producers and users of any of the EG facilities or Channels shall agree in writing to hold harmless Franchisee, LFA, from any and all liability or other injury, including the reasonable cost of defending claims or litigation, arising from or in connection with claims for failure to comply with applicable federal laws, rules, regulations or other requirements of local, state or federal authorities; for claims of libel, slander, invasion of privacy, or the infringement of common law or statutory copyright; for unauthorized use of any trademark, trade name or service mark; for breach of contractual or other obligations owing to third parties by the producer or user; and for any other injury or damage in law or equity, which result from the use of a EG facility or Channel. 6.3 If, during the term of this Franchise, any other cable operator within the Franchise Area provides LFA with an EG grant, Franchisee agrees to negotiate in good faith with LFA to compensate LFA on an equitably comparable pro rata, per Subscriber basis for such EG grant; provided, however, that Franchisee shall not be required to make such EG grant compensation unless all cable operators within the Franchise Area provide comparable EG grant compensation. 7. FRANCHISE FEES 7.1 Payment to LFA: Franchisee shall pay to LFA a Franchise fee of five percent (5%) of annual Gross Revenue. In accordance with Title VI of the Communications Act, the twelve (12) month period applicable under the Franchise for the computation of the Franchise fee shall be a calendar year. Such payments shall be made no later than forty five (45) days following the end of each calendar quarter. Franchisee shall be allowed to submit or correct any payments that were incorrectly omitted, and shall be refunded any payments that were incorrectly submitted, in connection with the quarterly Franchise fee remittances within ninety (90) days following the close of the calendar year for which such payments were applicable. Franchisee agrees to wire Franchisee fee payments to LFA upon LFA's prior written request. A copy of Franchisee's proposed Franchise Fee Schedule/Report is attached hereto as Exhibit E. 7.2 Supporting Information: Each Franchise fee payment shall be accompanied by a brief report prepared by a representative of Franchisee showing the basis for the computation. 7.3 Limitation on Franchise Fee Actions: The period of limitation for recovery of any Franchise fee payable hereunder shall be four(4)years from the date on which payment by 15 Franchisee is received by LFA (the "Limitations Period"). During any such four (4) year period, the Limitations Period shall be tolled beginning on the date that LFA mails written notice to Franchisee that LFA intends to conduct an inspection of the books and records of Franchisee as permitted by Article 9 herein to determine compliance with this Article 7, and ending on the date LFA asserts a claim as to any unpaid fees hereunder or provides notice that it does not intend to assert a claim, such claim to be asserted within twelve (12) months from the date of production of all the records reasonably requested; provided however, that the completion date for review may be extended by mutual agreement of LFA and Franchisee. The parties intend that the tolling of the Limitations Period is to allow LFA to complete its review in a timely and efficient manner and the parties do not intend for the Limitations Period to be unreasonably tolled. During the tolling period, Franchisee shall maintain its books and records related to the inspection of unpaid fees being conducted by LFA until final resolution of any claim asserted by LFA as a result of the inspection, notwithstanding the four (4) year provisions contained in Article 9 of this Franchise. 7.4 Bundled Services: If Franchisee bundles Cable Service with Non-Cable Service, Franchisee agrees that it will not unlawfully allocate such revenue for the purpose of evading Franchise fee payments under this Franchise. The parties agree that tariffed Telecommunication Services that cannot be discounted by state or federal law or regulation are to be excluded from the bundled discount allocation basis. For the purpose of calculating the Franchise fee due to LFA, bundled discounts will be allocated consistent with the allocation of discounts on the customer bill. Any non-service apportioned bundled discount appearing on the customer bill will be allocated proportionately between the discountable services provided in the bundle for the purpose of calculating franchise fees. If a dispute arises between LFA and Franchisee as to the proper allocation of bundled services revenue, such records pertaining to the allocation shall be maintained by Franchisee until the dispute is resolved. 7.5 Late Payments: If any payments due under this Franchise remain unpaid after the due date ("Past Due Amounts"), Franchisee shall pay LFA interest on such Past Due Amounts in addition to the Past Due Amounts. The interest shall accrue on the Past Due Amounts from the due date until paid in full ("Period of Delinquency").Franchisee shall pay LFA interest at a rate per annum equal to the highest Bank Prime Rate during the Period of Delinquency plus 1%. The "Bank Prime Rate" shall mean the prime lending rate from U.S. Banks as it appears in the Wall Street Journal during the Period of Delinquency. LFA's acceptance of payment shall not be construed as an agreement that the amount paid was correct,nor shall acceptance be construed as a release of any claim, which LFA may have for additional sums payable under provisions of this Article 7. 8. CUSTOMER SERVICE Customer Service Requirements are set forth in Exhibit D and shall be binding unless amended by written consent of the parties. If LFA submits a proposal requesting an amendment in Customer Service Requirements,Franchisee shall respond in writing within sixty(60)days stating whether it will either consent to such a proposal or its reasons for declining LFA's proposal. 9. REPORTS AND RECORDS 16 9.1 Open Books and Records: Upon reasonable written notice to Franchisee and with no less than thirty (30) days written notice to Franchisee, LFA shall have the right to inspect Franchisee's books and records pertaining to Franchisee's provision of Cable Service in the Franchise Area at any time during Normal Business Hours and on a nondisruptive basis, as are reasonably necessary to ensure compliance with the terms of this Franchise. Such notice shall specifically reference the article, section or subsection of the Franchise that is under review, so that Franchisee may organize the necessary books and records for appropriate access by LFA. Franchisee shall not be required to maintain any books and records for Franchise compliance purposes longer than four (4) years except that any records relevant or related to an unresolved, ongoing dispute shall be maintained until final resolution of such dispute including records provided pursuant to Section 7.4 herein. Notwithstanding anything to the contrary set forth herein, Franchisee shall not be required to disclose information that it reasonably deems to be proprietary or confidential in nature, nor disclose any of its or an Affiliate's books and records not relating to the provision of Cable Service in the Service Area, LFA agrees to treat any information disclosed by Franchisee as confidential and only to disclose it to employees, representatives, and agents thereof that have a need to know, or in order to enforce the provisions hereof and as may be required by the Texas open records or freedom of information laws, with notice to Franchisee if any request for such information is made, as may be provided under the circumstances. Franchisee shall not be required to provide Subscriber information in violation of Section 631 of the Communications Act, 47 U.S.C. §551. 9.2. Records Required: Franchisee shall at all times maintain: 9.2.1. Records of all written complaints for a period of four(4) years after receipt by Franchisee. The term "complaint" as used herein refers to complaints about any aspect of the Cable System or Franchisee's cable operations, including without limitation complaints about employee courtesy. Complaints recorded will not be limited to complaints requiring an employee service call; 9.2.2. Records of outages for a period of four (4) years after occurrence, indicating date, duration, area, and the number of Subscribers affected, type of outage, and cause; 9.2.3. Records of service calls for repair and maintenance for a period of four(4)years after resolution by Franchisee, indicating the date and time service was required,the date of acknowledgment and date and time service was scheduled (if it was scheduled), and the date and time service was provided, and (if different)the date and time the problem was resolved; 9.2.4. Records of installation/reconnection and requests for service extension for a period of four(4) years after the request was fulfilled by Franchisee, indicating the date of request, date of acknowledgment, and the date and time service was extended; and 9.2.5. A public file showing the area of coverage for the provisioning of Cable Services and estimated timetable to commence providing Cable Service. 10. INSURANCE AND INDEMNIFICATION 10.1 Insurance: 17 10.1.1. Franchisee shall maintain in full force and effect, at its own cost and expense, during the Franchise Term, the following insurance coverage: 10.1.1.1. Commercial General Liability Insurance in the amount of three million dollars ($3,000,000) combined single limit for property damage and bodily injury. Such insurance shall cover the construction, operation and maintenance of the Cable System, and the conduct of Franchisee's Cable Service business in LFA. 10.1.1.2. Automobile Liability Insurance in the amount of three million dollars ($3,000,000) combined single limit for bodily injury and property damage coverage. 10.1.1.3. Workers' Compensation Insurance meeting all legal requirements of the State of Texas. 10.1.1.4. Employers' Liability Insurance in the following amounts: (A) Bodily Injury by Accident: $100,000; and(B) Bodily Injury by Disease: $100,000 employee limit; $500,000 policy limit. 10.1.2. LFA shall be designated as an additional insured under each of the insurance policies required in this Article 10 except Worker's Compensation and Employer's Liability Insurance. 10.1.3. Each of the required insurance policies shall not be cancelled, reduced or expired except upon thirty (30) days prior written notice to LFA. Franchisee shall not cancel any required insurance policy without submitting documentation to LFA verifying that Franchisee has obtained alternative insurance in conformance with this Franchise. 10.1.4. Each of the required insurance policies shall be with sureties qualified to do business in the State of Texas,with an A or better rating for financial condition and financial performance by Best's Key Rating Guide, Property/Casualty Edition. 10.1.5. Within thirty (30) days after the Effective Date of this Franchise, Franchisee shall deliver to LFA Certificates of Insurance showing evidence of the required coverage. 10.2. Indemnification: 10.2.1. Franchisee shall indemnify, save and hold harmless LFA, its officers, agents,boards, employees, and contractors from and against any liability for damages and for any liability, cost or damage arising from tangible property damage or bodily injury (including accidental death),to the extent proximately caused by Franchisee's negligent act,error or omission in its_construction, operation, or maintenance of its Cable System, provided that LFA shall give Franchisee written notice of its obligation to indemnify LFA within fourteen (14) days of receipt of a claim or action pursuant to this subsection; provided, however, that LFA may provide written notice after such fourteen (14) day period so long as Franchisee is not prejudiced by such late 18 notice. Notwithstanding the foregoing, Franchisee shall not indemnify LFA, for any damages, liability or claims resulting from the willful misconduct or negligence of LFA, its officers, agents, employees, attorneys, consultants, independent contractors or third parties or for any activity or function conducted by any Person other than Franchisee in connection with EG Channels or EAS, or the distribution of any Cable Service over the Cable System. 10.2.2. With respect to Franchisee's indemnification obligations set forth in subsection 10.2.1, Franchisee shall provide the defense of any claims brought against LFA, its officers, agents, boards, employees, and contractors under this Section 10.2 of the Franchise by selecting counsel of Franchisee's choice to defend the claim, subject to the consent of LFA,which shall not unreasonably be withheld. Nothing herein shall be deemed to prevent LFA from cooperating with Franchisee and participating in the defense of any litigation by its own counsel at its own cost and expense, provided however, that after consultation with LFA, Franchisee shall have the right to defend, settle or compromise any claim or action arising hereunder, and Franchisee shall have the authority to decide the appropriateness and the amount of any such settlement as to both LFA and Franchisee, with full releases as to LFA and Franchisee included in such settlement, only in the event that the amount of such settlement is within Franchisee's insurance policy limits or if Franchisee agrees to pay all excess amounts above insurance policy limits. 10.2.3 Notwithstanding anything to the contrary in this Article 10, if representation of both LFA and Franchisee by the same attorney would be inconsistent with accepted canons of professional ethics, LFA shall have the right to employ separate counsel in any action or proceeding and to participate in the investigation and defense thereof, and Franchisee shall pay the resulting reasonable attorneys' fees and expenses. 10.2.4. LFA shall hold Franchisee harmless and shall be responsible for damages, liability or claims resulting from willful misconduct of LFA. 10.2.5. LFA shall be responsible for its own acts of willful misconduct or negligence, or breach of obligation committed by LFA for which LFA is legally responsible, subject to any and all defenses and limitations of liability provided by law. Franchisee shall not be required to indemnify LFA for acts of LFA which constitute willful misconduct or negligence, on the part of LFA, its officers, employees, agents, attorneys, consultants, independent contractors or third parties. Franchisee shall be responsible for its own acts of willful misconduct or negligence, or breach of obligation committed by Franchisee for which Franchisee is legally responsible, subject to any and all defenses and limitations of liability provided by law. Franchisee shall not be required to indemnify LFA for acts of Franchisee which constitute willful misconduct or negligence on the part of Franchisee, its officers, employees, agents, attorneys, consultants, independent contractors or third parties. 10.2.6. The provisions of Section 10.2 shall survive the termination of this Franchise. 10.2.7 The provisions of this Section 10.2 are solely for the benefit of LFA and Franchisee and do not create or grant any rights, contractual or otherwise, to any other Person or entity. 19 11. TRANSFER OF FRANCHISE Subject to Section 617 of the Communications Act,47 U.S.C. § 537,no Transfer of the Franchise shall occur without the prior consent of LFA, provided that such consent shall not be unreasonably withheld, delayed or conditioned. No such consent shall be required, however, for a transfer in trust,by mortgage,by other hypothecation,by assignment of any rights,title,or interest of Franchisee in the Franchise or Cable System in order to secure indebtedness, or otherwise excluded under Section 1.35 above. To the extent that LFA's consent to a Transfer of Franchise is required, Franchisee (or transferee) shall reimburse LFA for reasonable expenses incurred in reviewing that the transferee has the technical, legal, financial and operational ability to operate the Cable System to provide Cable Service. In no case shall Franchisee reimburse LFA for expenses exceeding $5,000. 12. RENEWAL OF FRANCHISE 12.1. LFA and Franchisee agree that any proceedings undertaken by LFA that relate to the renewal of this Franchise shall be governed by and comply with the provisions of Section 626 of the Communications Act,47 U.S.C. § 546. LFA and Franchisee agree that the term of any future cable franchise agreement between the parties shall be determined during renewal negotiations pursuant to the provisions of Section 626. 12.2. In addition to the procedures set forth in said Section 626 of the Communications Act, LFA agrees to notify Franchisee of all of its assessments regarding the identity of future cable-related community needs and interests, as well as the past performance of Franchisee under the then current Franchise term. LFA further agrees that such assessments shall be provided to Franchisee within ninety(90) days following the completion of such assessment so that Franchisee has adequate time to submit a proposal under Section 626 and complete renewal of the Franchise prior to expiration of its term. 12.3. Notwithstanding anything to the contrary set forth herein, Franchisee and LFA agree that at any time during the term of the then current Franchise,while affording the public appropriate notice and opportunity to comment, LFA and Franchisee may agree to undertake and finalize informal negotiations regarding renewal of the then current Franchise and LFA may grant a renewal thereof 12.4. Franchisee and LFA agree that they may simultaneously pursue informal and formal franchise renewal processes pursuant to this Article 12 and Section 626 of the Communications Act. 13. ENFORCEMENT AND TERMINATION OF FRANCHISE 13.1. Notice of Violation: In the event that LFA believes that Franchisee has not complied with the terms of the Franchise,LFA shall informally discuss the matter with Franchisee. If these discussions do not lead to resolution of the problem, LFA shall notify Franchisee in writing of the exact nature of the alleged noncompliance. 20 13.2. Franchisee's Right to Cure or Respond: Franchisee shall have thirty (30) days from receipt of the written notice described in Section 13.1 to: (i) respond to LFA, if Franchisee contests (in whole or in part) the assertion of noncompliance; (ii) cure such default; or (iii) in the event that, by the nature of default, such default cannot be cured within the thirty (30) day period, initiate reasonable steps to remedy such default and notify LFA of the steps being taken and the projected date that they will be completed and request from LFA an extension of the time to cure, which shall not be unreasonably denied by LFA, but which in no event shall the cure period exceed a total of ninety(90) days unless Franchisee demonstrates to LFA in good faith that additional delay is unavoidable. 13.3. Public Hearing: In the event that Franchisee fails to respond to the written notice described in Section 13.1 pursuant to the procedures set forth in Section 13.2, or in the event that the alleged default is not remedied within thirty (30) days or the extension date granted by LFA pursuant to Section 13.2(iii) above, if LFA intends to continue its investigation into the default,then LFA shall schedule a public hearing. LFA shall provide Franchisee at least thirty(30) calendar days prior written notice of such hearing, which will specify the time, place and purpose of such hearing, and provide Franchisee the opportunity to be heard. 13.4. Enforcement: Subject to applicable federal and state law, in the event LFA, after the hearing set forth in Section 13.3,determines that Franchisee is in default of any provision of the Franchise, LFA may: 13.4.1. Seek specific performance of any provision,which reasonably lends itself to such remedy, as an alternative to damages; or 13.4.2. Commence an action at law for monetary damages or seek other equitable relief; or 13.4.3. In the case of a substantial material default of a material provision of the Franchise, seek to revoke the Franchise in accordance with Section 13.5. 13.5. Revocation: Should LFA seek to revoke the Franchise after following the procedures set forth in Sections 13.1 through 13.4 above, LFA shall give written notice to Franchisee of its intent. The notice shall set forth the exact nature of the noncompliance. Franchisee shall have twenty (20) business days from such notice to object in writing and to state its reasons for such objection. In the event LFA has not received a satisfactory response from Franchisee, it may then seek termination of the Franchise at a public hearing. LFA shall cause to be served upon Franchisee, at least ten (10) business days prior to such public hearing, a written notice specifying the time and place of such hearing and stating its intent to revoke the Franchise. 13.5.1. At the designated hearing, Franchisee shall be provided a fair opportunity for full participation, including the right to be represented by legal counsel, to introduce relevant evidence, to require the production of evidence, and to question and/or cross examine witnesses. Franchisee shall be allowed to record a verbatim record and/or transcript of such hearing at Franchisee's sole cost and expense and Franchisee shall provide a copy thereof to LFA within thirty (30) days.of Franchisee's receipt thereof. 21 13.5.2. Following the public hearing, Franchisee shall be provided up to twenty(20)business days to submit its proposed findings and conclusions in writing and thereafter LFA shall determine (i) whether an Event of Default has occurred; (ii) whether such Event of Default is excusable; and (iii) whether such Event of Default has been cured or will be cured by Franchisee. LFA shall also determine whether to revoke the Franchise based on the information presented, or, where applicable, grant additional time to Franchisee to effect any cure. If LFA determines that the Franchise shall be revoked, LFA shall promptly provide Franchisee with a written decision setting forth its reasoning. Franchisee may appeal such determination of LFA to an appropriate court, which shall have the power to review the decision of LFA de novo as may be permitted by law. Franchisee shall be entitled to such relief as the court finds appropriate. 13.5.3. LFA may, at its sole discretion, take any lawful action which it deems appropriate to enforce LFA's rights under the Franchise in lieu of revocation of the Franchise. 13.6 Franchisee Termination: Franchisee shall have the right to terminate this Franchise and all obligations hereunder within ninety (90) days after the end of three (3) years from the Effective Date of this Franchise,if at the end of such three(3)year period Franchisee does not then in good faith believe it has achieved a commercially reasonable level of Subscriber penetration on its Cable System. Franchisee may consider Subscriber penetration levels outside the Franchise Area in this determination.Notice to terminate under this Section 13.6 shall be given to the City in writing, with such termination to take effect no sooner than one hundred and twenty (120) days after giving such notice. Franchisee shall also be required to give its then current Subscribers not less than ninety (90) days prior written notice of termination. 14. MISCELLANEOUS PROVISIONS 14.1. Recoupment of Costs by LFA: Franchisee shall bear all reasonable costs of publication that may be required by law,by this Agreement or by action of the City of Wylie's City Council. 14.2. Actions of Parties: In any action by LFA or Franchisee that is mandated or permitted under the terms hereof, such party shall act in a reasonable, expeditious, and timely manner. Furthermore, in any instance where approval or consent is required under the terms hereof, such approval or consent shall not be unreasonably withheld, delayed or conditioned. 14.3. Rate Regulation: If, during the term of this Franchise, Franchisee is not subject to effective competition and federal law or regulation permits LFA to regulate Franchisee's rates for Basic Services under such circumstances, LFA reserves the right to regulate such rates consistent with law. 14.4. Binding Acceptance: This Franchise shall bind and benefit the parties hereto and their respective heirs, beneficiaries, administrators, executors, receivers, trustees, successors and assigns, and the promises and obligations herein shall survive the expiration date hereof. 22 14.5. Preemption: In the event that federal or state law, rules, or regulations preempt a provision or limit the enforceability of a provision of this Franchise, the provision shall be read to be preempted to the extent, and for the time, but only to the extent and for the time, required by law. In the event such federal or state law,rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision hereof that had been preempted is no longer preempted, such provision shall thereupon return to full force and effect, and shall thereafter be binding on the parties hereto, without the requirement of further action on the part of LFA or Franchisee. 14.6. Force Majeure: Franchisee and LFA_shall not be held in default under, or in noncompliance with, the provisions of the Franchise, nor suffer any enforcement or penalty relating to noncompliance or default, where such noncompliance or alleged defaults occurred or were caused by a Force Majeure. 14.6.1. Furthermore, the parties hereby agree that it is not LFA's intention to subject Franchisee to penalties, fines, forfeitures or revocation of the Franchise for violations of the Franchise where the violation was a good faith error that resulted in no or minimal negative impact on Subscribers, or where strict performance would result in practical difficulties and hardship being placed upon Franchisee which outweigh the benefit to be derived by LFA and/or Subscribers. Nothing in this paragraph shall be construed as waiving any rights of LFA existing under this Agreement or under law. 14.7. Notices: Unless otherwise expressly stated herein, notices required under the Franchise shall be transmitted via certified mail to the addresses below. Mailed notices are assumed received three (3) business days after mailing. The address below is the address for mailing of such notice, unless a party changes its contract information by providing written notice to the other party. 14.7.1. Notices to Franchisee shall be mailed via certified mail to: Steve Banta Verizon—Group President,NW and SW 600 Hidden Ridge HQE04G0 Irving, TX 75038 With a copy to: Randal Milch Senior VP and Deputy General Counsel 1095 Avenue of Americas New York,NY 92223 14.7.2 Notices to LFA shall be mailed via certified mail to: Attn: City Manager City of Wylie 23 2000 Highway 78 North Wylie, Texas 75098 14.8 Entire Agreement: This Franchise and the Exhibits hereto constitute the entire agreement between Franchisee and LFA and all Exhibits are incorporated as if fully set forth in the body of this Agreement. Amendments to this Franchise shall be mutually agreed to in writing by the parties. 14.9 Captions: The captions and headings of articles and sections throughout this Agreement are intended solely to facilitate reading and reference to the sections and provisions of this Agreement. Such captions shall not affect the meaning or interpretation of this Agreement. 14.10 Severability: If any section, subsection, sentence, paragraph, term, or provision hereof is determined to be illegal,invalid,or unconstitutional,by any court of competent jurisdiction or by any state or federal regulatory authority having jurisdiction thereof, such determination shall have no effect on the validity of any other section, subsection, sentence, paragraph,term or provision hereof, all of which will remain in full force and effect for the term of the Franchise. 14.11 Recitals: The recitals set forth in this Agreement are incorporated into the body of this Agreement as if they had been originally set forth herein. 14.12 Modification. This Franchise shall not be modified except by written instrument executed by both parties. 14.13 FTTP Network Transfer Prohibition. Under no circumstance including without limitation upon expiration, revocation, termination, denial of renewal of the Franchise or any other action to forbid or disallow Franchisee from providing Cable Services, shall Franchisee or its assignees be required to sell any right, title, interest, use or control of any portion of Franchisee's FTTP Network including without limitation any spectrum capacity used for Cable Service or otherwise, to LFA or any third party. Franchisee shall not be required to remove the FTTP Network(s) or to relocate the FTTP Network(s) as a result of revocation, expiration, termination, denial of renewal or any other action to forbid or disallow Franchisee from providing Cable Services. 14.14 Acceptance of Franchise Within thirty(30) days from the Effective Date of this Franchise, Franchisee shall file with LFA's City Secretary a written statement in the following form signed in its name and behalf: "To the Honorable Mayor and City Council of the City of Wylie, Texas: For itself, its successors, and assigns, GTE Southwest, Inc. d/b/a Verizon Southwest, a corporation duly authorized to do business in the State of Texas, hereby accepts the attached franchise and agrees to be bound by all of its terms, conditions, and provisions. Acceptance of this franchise by 24 Franchisee shall not constitute a waiver by it of any of its rights; however, Franchisee acknowledges that the terms of this franchise are contractual and not merely recitals and that Franchisee shall be bound by the terms and conditions stated herein." GTE Southwest, Inc. d/b/a Verizon Southwest By: Its: Dated this the day of ,2005 14.15 Sovereign Immunity. The parties agree that LFA has not waived its sovereign immunity as to third parties by entering into and performing its obligations under this Franchise. 15. PUC WAIVER This Agreement shall be void and Verizon shall not be obligated to provide Cable Service in the City of Wylie, Texas pursuant to the terms hereunder in the event that a court reverses the effect of Verizon's October 13,2004 Waiver(Docket No. 29879)of§62.072 of The Public Utility Regulatory Act("PURA"), Tex. Util. Code. Ann. §§ 11.001-64.158 (Vernon 1998 & Supp. 2004) granted by the Public Utility Commission of Texas. [execution page follows] 25 AGREED TO THIS DAY OF , 2005. CITY OF WYLIE, TEXAS By: Title: Acknowledgments: State of Texas § County of Collin § This instrument was acknowledged before me on the day of , 2005 by , of the CITY OF WYLIE on behalf of said corporation. Notary Public in and for the State of Texas GTE SOUTHWEST, INC. d/b/a/ VERIZON SOUTHWEST By: Title: Acknowledgments: State of Texas § County of Collin § This instrument was acknowledged before me on the day of 2005 by , of GTE SOUTHWEST, INC. d/b/a VERIZON SOUTHWEST, on behalf of said corporation. Notary Public in and for the State of Texas 26 EXHIBIT A FRANCHISE AREA The Initial Service Area, extended Service Area and Additional Service Areas are shown in the map set forth below. ' Wylie,Texas Showing Verizon Exchanges Princeton SC Exchange Wylie City 1 Traikt . ® Lakes Service Areas a Initial Service Area E Extended Service Area E I Additional Service Area 44k . V . n Oh\ Stale.FWY 78 41110 Ware/in St wraer a I i II - ; - \ -'''' - v e Rowlett Alain llial WII 0 1 2 4 Miles 27 EXHIBIT B MUNICIPAL BUILDINGS TO BE PROVIDED FREE CABLE SERVICE (All Locations are in Wylie, Texas 75098, except as noted below) Municipal Complex Fire Administration 2000 Highway 78 North 801-A Highway 78 South#204 Fire Station#1 Fire Station#2 1400 South Ballard Street 555 Country Club Drive/FM1378 Public Works Service Center Smith Public Library & Akin Pavilion 949 Hensley Lane 800 Thomas Street Bart Peddicord Community Center P.M. Akin Elementary 100 West Oak Street 1100 Springwood T.F. Birmingham Elementary Cheri L. Cox Elementary 700 West Brown 7009 Woodbridge Parkway Sachse, Texas 75048 Dodd Elementary R.V. Groves Elementary 1500 Park Boulevard 1100 McCreary Road R.F. Hartman Elementary Bill F. Davis Intermediate 510 South Birmingham Street 950 Park Boulevard Ab Harrison Intermediate Grady Burnett Junior High 1001 South Ballard Street 516 Hilltop Lane Frank McMillan Junior High Wylie High 1050 Park Boulevard 2250 West FM 544 Wylie ISD Administration Building 951 South Ballard Street 28 EXHIBIT C EG CHANNELS (Point of Origination for EG Programming) Education Channel: Wylie Independent School District Wylie, Texas 75098 Government Channels: Dedicated(TBD) Reserved (TBD) 29 EXHIBIT D CUSTOMER SERVICE STANDARDS These standards shall, starting six (6) months after the Beginning Service Date, apply to Franchisee to the extent it is providing Cable Services over the Cable System in the Franchise area. 1. DEFINITIONS: In addition to the definitions contained in this Franchise, the following words shall have the meanings set forth below when used in this Exhibit D: A. Normal Business Hours: Those hours during which most similar businesses in the community are open to serve customers. In all cases, "normal business hours"must include some evening hours at least one night per week and/or some weekend hours and include being open to serve customers at least eight (8) hours each weekday. B. Normal Operating Conditions: Those service conditions which are within the control of Franchisee. Those conditions which are not within the control of Franchisee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are within the control of Franchisee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance, installation, expansion or rebuild of the Cable System. See 47 C.F.R. § 309(c)(4)(ii). C. Respond: Franchisee's investigation of a Service Interruption initiated by receiving a Subscriber call and opening a trouble ticket, if required D. Service Call: The action taken by Franchisee to correct a Service Interruption the effect of which is limited to an individual Subscriber. E. Service Interruption: The loss of picture or sound on one or more cable channels. F. Significant Outage: A significant outage of the Cable Service shall mean any Service Interruption lasting at least four(4)continuous hours that affects at least ten percent(10%) of the Subscribers in the Service Area. G. Standard Installation: Installations where the Subscriber is within one hundred fifty (150) feet of trunk or feeder lines. 2. TELEPHONE AVAILABILITY A. Franchisee shall maintain a toll-free number to receive all calls and inquiries from Subscribers in the Franchise Area and/or residents regarding Cable Service. Franchisee representatives trained and qualified to answer questions related to Cable Service in the Service Area must be available to receive reports of Service Interruptions twenty-four (24) hours a day, 30 seven (7) days a week, and other inquiries at least forty-five (45) hours per week. Franchisee representatives shall identify themselves by name when answering this number. B. Franchisee's telephone numbers shall be listed, with appropriate description(e.g. administration, customer service, billing, repair, etc.), in the directory published by the local telephone company or companies serving the Service Area, beginning with the next publication cycle after acceptance of this Franchise by Franchisee and appear on Subscriber bills. C. Franchisee may use an Automated Response Unit("ARU") or a Voice Response Unit("VRU") to distribute calls. If a foreign language routing option is provided, and the Subscriber does not enter an option,the menu will default to the first tier menu of English options. After the first tier menu (not including a foreign language rollout) has run through three times, if customers do not select any option, the ARU or VRU will forward the call to a queue for a live representative. Franchisee may reasonably substitute this requirement with another method of handling calls from customers who do not have touch-tone telephones. D. Under Normal Operating Conditions, calls received by Franchisee shall be answered within thirty(30) seconds. Franchisee shall meet this standard for ninety percent(90%) of the calls it receives at all call centers receiving calls from Subscribers, as measured on a cumulative quarterly calendar basis. Measurement of this standard shall include all calls received by Franchisee at all call centers receiving calls from Subscribers, whether they are answered by a live representative, by an automated attendant, or abandoned after 30 seconds of call waiting. E. Under Normal Operating Conditions, callers to Franchisee shall receive a busy signal no more than three (3%) percent of the time during any calendar quarter. F. At Franchisee's option, the measurements and reporting above may be changed from calendar quarters to billing or accounting quarters. Franchisee shall notify LFA of such a change at least thirty (30) days in advance of any implementation. 3. INSTALLATIONS AND SERVICE APPOINTMENTS A. All installations will be in accordance with FCC rules, including but not limited to, appropriate grounding, connection of equipment to ensure reception of Cable Service, and the provision of required consumer information and literature to adequately inform the Subscriber in the utilization of Franchisee-supplied equipment and Cable Service. B. The Standard Installation shall be performed within seven (7) days after the placement of the Optical Network Terminal ("ONT") on the customer's premises. Franchisee shall meet this standard for ninety-five percent(95%) of the Standard Installations it performs, as measured on a calendar quarter basis, excluding customer requests for connection later than seven (7) days after ONT placement. 31 C. Franchisee will offer Subscribers "appointment window" alternatives for arrival to perform installations, Service Calls and other activities of a maximum four(4) hours scheduled time block during appropriate daylight available hours, usually beginning at 8:00 AM unless it is deemed appropriate to begin earlier by location exception. At Franchisee's discretion, Franchisee may offer Subscribers appointment arrival times other than these four(4) hour time blocks, if agreeable to the Subscriber. These hour restrictions do not apply to weekends. 4. SERVICE INTERRUPTIONS AND OUTAGES A. Franchisee shall promptly notify LFA of any Significant Outage of the Cable Service. B. Franchisee shall exercise commercially reasonable efforts to limit any Service Interruption for the purpose of maintaining,repairing,or constructing the Cable System. Except in an emergency or other situation necessitating a more expedited or alternative notification procedure, Franchisee may schedule a Significant Outage for a period of more than four(4) hours during any twenty-four (24) hour period only after LFA and each affected Subscriber in the Service Area have been given fifteen (15) days prior notice of the proposed Service Interruption. C. Franchisee representatives who are capable of responding to Service Interruptions must be available to Respond twenty-four (24) hours a day, seven (7) days a week. D. Under Normal Operating Conditions, Franchisee must Respond to a call from a Subscriber regarding a Service Interruption or other service problems within the following time frames: (1) Within twenty-four (24) hours, including weekends, of receiving subscriber calls respecting Service Interruptions in the Service Area; (2) Franchisee must begin actions to correct all other Cable Service problems the next business day after notification by the Subscriber or LFA of a Cable Service problem. E. Under Normal Operating Conditions, Franchisee shall complete Service Calls within seventy-two (72) hours of the time Franchisee commences to Respond to the Service Interruption, not including weekends and situations where the Subscriber is not reasonably available for a Service Call to correct the Service Interruption within the seventy-two (72) hour period. F. Franchisee shall meet the standard in Subsection E. of this Section for ninety percent(90%) of the Service Calls it completes within the Service Area, as measured on a quarterly basis. G. Under Normal Operating Conditions, Franchisee shall provide a credit upon Subscriber request when all Channels received by that Subscriber are out of service for a period of four(4) consecutive hours or more. The credit shall equal, at a minimum, a proportionate amount 32 of the affected Subscriber(s) current monthly bill. In order to qualify for the credit,the Subscriber must promptly report the problem and allow Franchisee to verify the problem if requested by Franchisee. If Subscriber availability is required for repair, a credit will not be provided for such time, if any, that the Subscriber is not reasonably available. H. Under Normal Operating Conditions, if a Significant Outage affects all Video Programming Cable Services for more than twenty-four(24) consecutive hours, Franchisee shall issue an automatic credit to the affected Subscribers in the amount equal to their monthly recurring charges for the proportionate time the Cable Service was out, or a credit to the affected Subscribers in the amount equal to the charge for the basic plus enhanced basic level of service for the proportionate time the Cable Service was out, whichever is technically feasible or, if both are technically feasible, as determined by Franchisee provided such determination is non-Discriminatory. Such credit shall be reflected on Subscriber billing statements within the next available billing cycle following the outage. I. With respect to service issues concerning Cable Services provided to LFA facilities, Franchisee shall Respond to all inquiries from LFA within four (4) hours and shall commence necessary repairs within twenty-four (24) hours under Normal Operating Conditions. If such repairs cannot be completed within twenty-four(24)hours, Franchisee shall notify LFA in writing as to the reason(s) for the delay and provide an estimated time of repair. 5. CUSTOMER COMPLAINTS Under Normal Operating Conditions, Franchisee shall investigate Subscriber complaints referred by LFA within seventy-two (72) hours. Franchisee shall notify LFA of those matters that necessitate an excess of seventy-two (72) hours to resolve, but those matters must be resolved within fifteen (15) days of the initial complaint. LFA may require reasonable documentation to be provided by Franchisee to substantiate the request for additional time to resolve the problem. For purposes of this Section, "resolve" means that Franchisee shall perform those actions, which, in the normal course of business, are necessary to investigate the Subscriber's complaint and advise the Subscriber of the results of that investigation. 6. BILLING A. Subscriber bills must be itemized to describe Cable Services purchased by Subscribers and related equipment charges. Bills shall clearly delineate activity during the billing period, including optional charges, rebates, credits, and aggregate late charges. Franchisee shall, without limitation as to additional line items, be allowed to itemize as separate line items, Franchise fees,taxes and/or other governmentally imposed fees. Franchisee shall maintain records of the date and place of mailing of bills. B. Every Subscriber with a current account balance sending payment directly to Franchisee shall be given at least twenty (20) days from the date statements are mailed to the Subscriber until the payment due date. 33 C. A specific due date shall be listed on the bill of every Subscriber whose account is current. Delinquent accounts may receive a bill which lists the due date as upon receipt; however, the current portion of that bill shall not be considered past due except in accordance with 6.B. above. D. Any Subscriber who, in good faith, disputes all or part of any bill shall have the option of withholding the disputed amount without disconnect or late fee being assessed until the dispute is resolved provided that: (1) The Subscriber pays all undisputed charges; (2) The Subscriber provides notification of the dispute to Franchisee prior to the due date; and (3) The Subscriber cooperates in determining the accuracy and/or appropriateness of the charges in dispute. (4) It shall be within Franchisee's sole discretion to determine when the dispute has been resolved. E. Under Normal Operating Conditions, Franchisee shall initiate investigation and resolution of all billing complaints received from Subscribers within five (5) business days of receipt of the complaint. Final resolution shall not be unreasonably delayed. F. Franchisee shall provide a telephone number and address on the bill for Subscribers to contact Franchisee. G. Franchisee shall forward a copy of any Cable Service related billing inserts or other mailing sent to Subscribers to LFA upon request. H. Franchisee shall provide all Subscribers with the option of paying for Cable Service by check or an automatic payment option where the amount of the bill is automatically deducted from a checking account designated by the Subscriber. Franchisee may in the future, at its discretion,permit payment by using a major credit card on a preauthorized basis. Based on credit history, at the option of Franchisee, the payment alternative may be limited. 7. DEPOSITS, REFUNDS AND CREDITS A. Franchisee may require refundable deposits from Subscribers with 1) a poor credit or poor payment history, 2)who refuse to provide credit history information to Franchisee, or 3) who rent Subscriber equipment from Franchisee, so long as such deposits are applied on a non-Discriminatory basis. The deposit Franchisee may charge Subscribers with poor credit or poor payment history or who refuse to provide credit information may not exceed an amount equal to an average Subscriber's monthly charge multiplied by six(6). The maximum deposit Franchisee may charge for Subscriber equipment is the cost of the equipment which Franchisee would need to purchase to replace the equipment rented to the Subscriber. 34 B. Franchisee shall refund or credit the Subscriber for the amount of the deposit collected for equipment, which is unrelated to poor credit or poor payment history, after one year and provided the Subscriber has demonstrated good payment history during this period. Franchisee shall pay interest on other deposits if required law. C. Under Normal Operating Conditions, refund checks will be issued within next available billing cycle following the resolution of the event giving rise to the refund, (e.g. equipment return and final bill payment). D. Credits for Cable Service will be issued no later than the Subscriber's next available billing cycle, following the determination that a credit is warranted, and the credit is approved and processed. Such approval and processing shall not be unreasonably delayed. E. Bills shall be considered paid when appropriate payment is received by Franchisee or its' authorized agent. Appropriate time considerations shall be included in Franchisee's collection procedures to assure that payments due have been received before late notices or termination notices are sent. 8. RATES, FEES AND CHARGES A. Franchisee shall not, except to the extent expressly permitted by law, impose any fee or charge for Service Calls to a Subscriber's premises to perform any repair or maintenance work related to Franchisee equipment necessary to receive Cable Service, except where such problem is caused by a negligent or wrongful act of the Subscriber(including, but not limited to a situation in which the Subscriber reconnects Franchisee equipment incorrectly) or by the failure of the Subscriber to take reasonable precautions to protect Franchisee's equipment (for example, a dog chew). B. Franchisee shall provide reasonable notice to Subscribers of the possible assessment of a late fee on bills or by separate notice. 9. DISCONNECTION/DENIAL OF SERVICE A. Franchisee shall not terminate Cable Service for nonpayment of a delinquent account unless Franchisee provides a notice of the delinquency and impending termination at least ten (10) days prior to service suspension and twenty(20) days prior to the proposed final termination. The notice shall be mailed to the Subscriber to whom the Cable Service is billed. The notice of delinquency and impending termination may be part of a billing statement. B. Cable Service terminated in error must be restored without charge within twenty-four (24) hours of notice. If a Subscriber was billed for the period during which Cable Service was terminated in error,a credit shall be issued to the Subscriber if the Service Interruption was reported by the Subscriber. 35 C. Nothing in these standards shall limit the right of Franchisee to deny Cable Service for non-payment of previously provided Cable Services, refusal to pay any required deposit,theft of Cable Service, damage to Franchisee's equipment, abusive and/or threatening behavior toward Franchisee's employees or representatives, or refusal to provide credit history information or refusal to allow Franchisee to validate the identity, credit history and credit worthiness via an external credit agency. D. Charges for cable service will be discontinued at the time of the requested termination of service by the Subscriber, except equipment charges may by applied until equipment has been returned. No period of notice prior to requested termination of service can be required of Subscribers by Franchisee. No charge shall be imposed upon the Subscriber for or related to total disconnection of Cable Service or for any Cable Service delivered after the effective date of the disconnect request, unless there is a delay in returning Franchisee equipment or early termination charges apply pursuant to the Subscriber's service contract. If the Subscriber fails to specify an effective date for disconnection, the Subscriber shall not be responsible for Cable Services received after the day following the date the disconnect request is received by Franchisee. For purposes of this subsection,the term"disconnect" shall include Subscribers who elect to cease receiving Cable Service from Franchisee. 10. COMMUNICATIONS WITH SUBSCRIBERS A. All Franchisee personnel, contractors and subcontractors contacting Subscribers or potential Subscribers outside the office of Franchisee shall wear a clearly visible identification card bearing their name and photograph. Franchisee shall make reasonable effort to account for all identification cards at all times. In addition, all Franchisee representatives shall wear appropriate clothing while working at a Subscriber's premises. Every service vehicle of Franchisee and its contractors or subcontractors shall be clearly identified as such to the public. Specifically, Franchisee vehicles shall have Franchisee's logo plainly visible. The vehicles of those contractors and subcontractors working for Franchisee shall have the contractor's/ subcontractor's name plus markings (such as a magnetic door sign) indicating they are under contract to Franchisee. B. All contact with a Subscriber or potential Subscriber by a Person representing Franchisee shall be conducted in a courteous manner. C. Franchisee shall send annual notices to all Subscriber informing them that any complaints or inquiries not satisfactorily handled by Franchisee may be referred to LFA. D. All notices identified in this Section shall be by either: (1) A separate document included with a billing statement or included on the portion of the monthly bill that is to be retained by the Subscriber; or (2) A separate electronic notification E. Franchisee shall provide reasonable notice to Subscribers of any pricing changes (excluding sales discounts, new products or offers) and, subject to the forgoing, any changes in 36 Cable Services, including channel line-ups. Such notice must be given to Subscribers a minimum of thirty (30) days in advance of such changes if within the control of Franchisee, and Franchisee shall provide a copy of the notice to LFA including how and where the notice was given to Subscribers. F. Franchisee shall provide information to all Subscribers about each of the following items at the time of installation of Cable Services, annually to all Subscribers, at any time upon request, and, subject to Subsection 10.E., at least thirty (30) days prior to making significant changes in the information required by this Section if within the control of Franchisee: (1) Products and Cable Service offered; (2) Prices and options for Cable Services and condition of subscription to Cable Services. Prices shall include those for Cable Service options, equipment rentals, program guides, installation, downgrades, late fees and other fees charged by Franchisee related to Cable Service; (3) Installation and maintenance policies including, when applicable, information regarding the Subscriber's in-home wiring rights during the period Cable Service is being provided; (4) Channel positions of Cable Services offered on the Cable System; (5) Complaint procedures, including the name, address and telephone number of LFA, but with a notice advising the Subscriber to initially contact Franchisee about all complaints and questions; (6) Procedures for requesting Cable Service credit; (7) The availability of a parental control device; (8) Franchisee practices and procedures for protecting against invasion of privacy; and (9) The address and telephone number of Franchisee's office to which complaints may be reported. A copy of notices required in this Subsection 10.F., will be given to LFA at least fifteen (15) days prior to distribution to Subscribers if the reason for notice is due to a change that is within the control of Franchisee and as soon as possible if not with the control of Franchisee. G. Notices of changes in rates shall indicate the Cable Service new rates and old rates, if applicable. H. Notices of changes of Cable Services and/or Channel locations shall include a description of the new Cable Service, the specific channel location, and the hours of operation of 37 the Cable Service if the Cable Service is only offered on a part-time basis. In addition, should the channel location, hours of operation, or existence of other Cable Services be affected by the introduction of a new Cable Service, such information must be included in the notice. I. Every notice of termination of Cable Service shall include all of the following information: (1) The name and address of the Subscriber whose account is delinquent; (2) The amount of the delinquency; (3) The date by which payment is required in order to avoid termination of Cable Service; and (4) The telephone number for Franchisee where the Subscriber can receive additional information about their account and discuss the pending termination. 38 EXHIBIT E FRANCHISE FEE SCHEDULE/REPORT For the Month of 1. Monthly Recurring Cable Service Charges $ (e.g., Basic, Enhanced Basic, Premium and Equipment Rental) 2. Usage Based Charges $ (e.g, Pay Per View, Installation) 3. Other Misc. $ Revenue (e.g., Late Charges, Advertising, Leased Access) $ 4. Franchise Fees Collected $ Less: 1. Sales Tax Collected $ 2. Uncollectibles $ Total Receipts Subject to Franchise Fee Calculation $ Franchise Fee Rate (5%) Franchise Fee Due $ 39 CITY OF WYLIE Item No. 2 City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: January 25, 2005 Other: Department: City Manager Prepared By: Mindy Manson Date Prepared: January 14, 2005 Exhibits: Ordinance, Settlement Impact Chart AGENDA SUBJECT: Consider and act upon an Ordinance finding that the current rates of CoSery Gas Ltd. are unreasonable; approving CoSery Gas Ltd's revised and uncontested tariffs; approving a rate phase- in; authorizing continuation of deferral of carrying charges on plant held for future use; recognizing CoServ's right to surcharge for facility relocation required by the City; setting the effective date of new tariffs as February 1, 2005; finding the cities' rate case expenses reasonable; severing the determination of the reasonableness of CoSery Gas Ltd's rate case expense issue until March 1, 2005; adopting a base rate case moratorium; finding that any relief requested by CoSery Gas Ltd not specifically granted herein is denied; adopting a most favored nations provision; finding that the meeting at which this ordinance is passed is open to the public as required by law; and providing for notice of this ordinance to CoSery Gas Ltd. RECOMMENDED ACTION: Approval of the Ordinance. SUMMARY: This ordinance represents the City's exercise of its original jurisdiction to evaluate the reasonableness of natural gas rates charged within city limits. The ordinance approves CoSery Gas Ltd's ("CoServ") revised tariffs applicable to residential and commercial service in the City of Wylie. The revised tariffs reflect the agreement reached between the Coalition of Cities, of which Wylie is a member, and the Company regarding CoServ's Statement of Intent to adjust rates, and the Company's intention to begin charging the same system-wide rate for all residential customers and all commercial customers. The ordinance also ensures that if CoSery agrees to provide a more attractive rate to another city in the future, the City may exercise its option to implement the rate also. The City must take action on CoServ's request to adjust rates by January 27, 2005, or it will lose jurisdiction to consider the request. As requested, the rate increase would have increased the customer's bill by approximately 13%, but as a result of the negotiation the increase is approximately 4.4%. According to CoServ, there are 2,709 CoSery gas meters in Wylie. CoSery filed its Statement of Intent to adjust rates with all of the cities in its service area in late August, 2004. The adjustment in rates requested by CoServ, if approved, would result in additional annual revenue of$1,165,525 to the Company. Average residential base rates would increase 19 percent across the service area and commercial rates would increase 81 percent if the Company's request was approved in its entirety. In addition to seeking an increase in annual revenues, CoSery also requested that the Cities approve the implementation of system-wide rates. Currently, Co-Serve charges different rates in the different cities that it serves. System-wide rates ensure that all customers will be charged the same rate. 1 Connie Cannady, the expert hired to analyze the Company's request, issued a report November 10, 2004. Ms. Cannady determined that, based upon the information filed by the Company, it was reasonable to increase CoServ's annual revenues. However, Ms. Cannady concluded that the Company's request to increase revenues by $1,165,525 was excessive and unreasonable. In an effort to avoid costly litigation, the Coalition pursued the possibility of settlement with the Company. Based upon Ms. Cannady's analysis and additional information supplied by the Company through informal discovery, the Coalition determined a range of revenue increases upon which settlement would be reasonable. The $500,000 annual revenue increase agreed to by the Cities and CoSery is within that range of reasonable alternatives. As part of the settlement agreement, the Company agreed to institute a schedule of miscellaneous service charges that has the effect of mitigating some of the impact of the revenue increase that would otherwise be recovered though residential and commercial base rates. The Company also assented to setting customer charges for residential and commercial customers that were less than the amount requested in the Company's original filing ($9 vs. $11 for residential customers and $15.50 vs. $25 for commercial customers). The settlement will make CoServ's miscellaneous service charges and customer charges consistent with the similar charges imposed by Atmos/TXU Gas. In addition to minimizing the Company's requested revenue increase request, Cities were able to secure several additional concessions from CoSery via the settlement. CoSery committed to minimizing rate shock by phasing in any base rate increase exceeding 10 percent. CoSery also agreed that it would not file any action with the City to increase rates that would be effective prior to September 1, 2006. The Coalition was unable to agree to the reasonableness of the Company's anticipated rate case expenses prior to the filing of this ordinance. So that settlement of the revenue requirement will not be held up by the rate case expense issues, the Company will extend its effective date another 30 days if the City passes this ordinance so that the City will retain jurisdiction over the rate case expense piece. APPROVED BY: Initial Date Department Director: MM \ City Manager: Mdel_ ORDINANCE NO. 2005-06 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, FINDING THAT THE CURRENT RATES OF COSERV GAS LTD. ARE UNREASONABLE; APPROVING COSERV GAS LTD.'S REVISED AND UNCONTESTED TARIFFS; APPROVING A RATE PHASE-IN; AUTHORIZING CONTINUATION OF DEFERRAL OF CARRYING CHARGES ON PLANT HELD FOR FUTURE USE; RECOGNIZING COSERV'S RIGHT TO SURCHARGE FOR FACILITY RELOCATION REQUIRED BY THE CITY; SETTING THE EFFECTIVE DATE OF NEW TARIFFS AS FEBRUARY 1, 2005; FINDING CITIES' RATE CASE EXPENSES REASONABLE; SEVERING THE DETERMINATION OF THE REASONABLENESS OF COSERV GAS LTD.'S RATE CASE EXPENSE FROM APPROVAL OF THE REVISED TARIFFS; RETAINING JURISDICTION OVER THE DETERMINATION OF THE REASONABLENESS OF COSERV GAS LTD.'S RATE CASE EXPENSE ISSUE UNTIL MARCH 1, 2005; ADOPTING A BASE RATE CASE MORATORIUM; FINDING THAT ANY RELIEF REQUESTED BY COSERV GAS LTD. NOT SPECIFICALLY GRANTED HEREIN IS DENIED; ADOPTING A MOST FAVORED NATIONS PROVISION; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR NOTICE OF THIS ORDINANCE TO COSERV GAS LTD. WHEREAS, on or about August 25, 2004, CoSery Gas Ltd. ("CoServ" or "Company"), filed with the City of Wylie a Statement of Intent to change gas rates in all municipalities within the CoSery System effective October 1, 2004; and WHEREAS, the City has exclusive original jurisdiction to evaluate the Company's Statement of Intent as it pertains to the distribution facilities located within the City, pursuant to Texas Utilities Code §§ 102.001(b) and 103.001; and WHEREAS, the City suspended the effective date of CoServ's rate request until December 28, 2004 and CoSery extended the effective date of the rate increase by an additional thirty days for the City to investigate the Company's filing and to consider settlement of the request; and WHEREAS, failure to take action regarding CoServ's rate request by January 27, 2005, will cause CoServ's filed request to become effective for all CoSery customers within the municipal limits; WHEREAS, the City joined the Coalition of Cities Served by CoSery ("Cities"), a group of other cities similarly affected by CoServ's rate request to jointly hire counsel and an independent consultant to review CoServ's application; and Ordinance No. 2005-06 CoSery 1 WHEREAS, after consideration of the Company's filing and the report issued by Cities' expert, the City concludes that CoServ's current rates are unreasonable and should be changed; and WHEREAS, the Company and Cities have reached an agreement as to CoServ's filed request to increase rates conditioned upon final approval by Cities; and WHEREAS, the Company's requested increase in system-wide annual revenues of $1,165,525 is excessive, and the Company has agreed to an increase in system-wide revenue of $500,000, of which approximately $214,000 is associated with changes to the miscellaneous service charges; and WHEREAS, a condition to the settlement with CoSery is the City's recognition of the Company's right under Texas Utilities Code Section 104.112, independent of the tariffs approved herein, to surcharge facilities relocation charges within the city requiring relocation; and WHEREAS, a condition to the settlement with CoSery and the revised tariffs approved herein is the Company's commitment that it will not file a request with Cities for a rate increase that becomes effective prior to September 1, 2006; and WHEREAS, a condition to the settlement with CoSery is the phase in of the base rate increase approved and reflected by the attached tariffs so that the first ten percent of the rate increase will be implemented upon adoption of the revised tariffs and the remaining increase will be implemented in ten-percent increments on or after November 1, 2005 and the balance on or after August 1, 2006; and WHEREAS, Cities' rate case expenses incurred in this proceeding are reasonable and should be reimbursed by CoServ; and WHEREAS, the City is unable at this time to determine the reasonableness of the rate case expenses incurred by the Company; and WHEREAS, the City has reviewed the settlement agreement reached between the Company and the Coalition of Cities Served by CoSery and has determined that approval of the revised tariffs is in the best interest of the City and its residents, results in just and reasonable rates, and, therefore, should be approved by the City; and WHEREAS, since the Company filing is based upon system-wide standardized rates and tariffs, it would be inappropriate for any city or residents of any city to receive benefits not enjoyed by the entire system. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Ordinance No. 2005-06 CoSery 2 SECTION 1. That it is in the best interest of the City and its residents to adopt the revised residential, commercial and miscellaneous service charge tariffs attached hereto to this ordinance that reflect the settlement agreement reached between CoSery and the Coalition of Cities Served by CoServ. All other tariffs proposed in CoServ's Statement of Intent, except for rate schedule 9 (Rider RCE - rate case expenses) are adopted. SECTION 2. That the adoption of the revised tariffs provides for just and reasonable rates to be charged system-wide by the Company. SECTION 3. That the system-wide annual base revenue increase of $500,000 is to be phased in over an 18 month period to the extent any increase exceeds 10 percent. SECTION 4. That the effective date of the new tariffs is February 1, 2005. SECTION 5. That no specific rate base, return, revenue or cost adjustments or rate making methodologies are approved in reaching the revenue requirements settlement that leads to the rates and charges adopted by this ordinance, except that CoSery may continue to defer its carrying charges on plant held for future use. SECTION 6. That Cities' rate case expenses are reasonable and should be reimbursed by CoServ. SECTION 7. That the issue of the recovery of rate case expenses incurred by CoSery Gas be severed from consideration of the revised base rate tariffs and that the City retain jurisdiction over the rate expense reimbursement issue until March 1, 2005, subject to a second thirty-day extension of the City's jurisdiction by CoServ. SECTION 8. That CoSery may not file for a further increase in base rates that is intended to become effective prior to September 1, 2006. SECTION 9. That adoption of a most favored nations provision is reasonable and appropriate and that any concession granted to any city is, at the discretion of the City Council, to be implemented in the City. SECTION 10. That relief requested by CoSery not specifically addressed herein is denied. SECTION 11. That it is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. SECTION 12. That a copy of this ordinance, constituting final action on the CoSery application, be forwarded to the appropriate designated representative of the Company, Charles D. Harrell, Chief Financial Officer, CoSery Gas Ltd., 7701 South Stemmons, Corinth, Texas 76210-1842, within 10 days. Ordinance No. 2005-06 CoSery 3 DULY PASSED and approved by the City Council of the City of Wylie, Texas, on this the 25th day of January, 2005. APPROVED: John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Published in the Wylie News 12-22-04 Ordinance No. 2005-06 CoSery 4 Rate Schedule 5 RATE R- RESIDENTIAL SALES Applicable to: Entire System Page 1 of 2 Effective Date: February 1, 2005 Application of Schedule Schedule applies to all Residential Customers. Monthly Base Rate Customer's base monthly bill will be calculated using the following Customer and Ccf charges: Charge Amount Customer Charge $ 9.00 per month, plus Volumetric Charge: First 0 Ccf to 20 Ccf $.19437 per Ccf Next 50 Ccf $.14437 per Ccf All Additional Ccf $.09437 per Ccf Purchased Gas Factor In addition to the base monthly bill above, each customer's bill will include a Purchased Gas Factor to account for purchased gas costs and computed in accordance with CoSery Purchased Gas Factor Schedule No.2. Taxes In addition to the monthly charges above,each customer's bill will include a charge for an amount equivalent to the customer's proportional part of the city franchise fees,state gross receipts taxes, or other governmental levies payable by the Company, exclusive of federal income taxes. Municipal franchise fees are determined by each municipality's franchise ordinance. Each municipality's franchise ordinance will specify the percentage and applicability of franchise fees. From time to time,the tax factor may be adjusted,if required,to account for any over-or under- recovery of municipal franchise fees by the Company and to include an amount equivalent to the proportionate part of any new tax or increased franchise fee or tax,or any other governmental imposition,rental fee,or charge levied,assessed or imposed subsequent to the effective date of this tariff by any governmental authority,including districts,created under the laws of the State of Texas. The Company will also collect sales taxes where applicable. Ordinance No. 2005-06 CoSery 5 Rate Schedule 5 RATE R- RESIDENTIAL SALES Applicable to: Entire System Page 2 of 2 Effective Date: February 1, 2005 Surcharges In addition to the monthly charges above, each customer's bill will include an amount for surcharges calculated in accordance with the applicable rider(s). LINE EXTENSION POLICY The company has the right to contract with individual customers for the installation of gas facilities as provided for by the city franchise. Upon the request of a prospective new residential or commercial customer for service in an area served by CoSery Gas, CoSery Gas will extend its main lines up to 100 feet from an existing CoSery Gas main in the Public Rights of Way, without charge. The 100-foot allowance applies to a single customer or to a group of customers requesting service from the same extension. Customers requesting mainline extensions in excess of 100 feet shall bear the cost of any additional main, and shall bear the cost of all yard lines, service lines, customer meters and regulators, and appurtenant equipment, in accordance with the charges listed in item 12, Line Extension and Installation, of Rate M, Miscellaneous Service Charges. CoSery Gas is not required to extend its mains or facilities if the customer will not use gas for space heating and water heating, or the equivalent load, at a minimum. Ordinance No. 2005-06 CoSery 6 Rate Schedule 6 RATE C - COMMERCIAL SALES Applicable to: Entire System Page 1 of 2 Effective Date: February 1, 2005 Application of Schedule Schedule applies to all commercial customers. Monthly Base Rate Customer's base monthly bill will be calculated using the following Customer and Ccf charges: Charge Amount Customer Charge $15.50 per month, plus Volumetric Charge: First 0 Ccf to 300 Ccf $.24436 per Ccf Next 200 Ccf $.19436 per Ccf All Additional Ccf $.14436 per Ccf Purchased Gas Factor In addition to the base monthly bill above, each customer's bill will include a Purchased Gas Factor to account for purchased gas costs and computed in accordance with CoSery Purchased Gas Factor Schedule No.2. Taxes In addition to the monthly charges above,each customer's bill will include a charge for an amount equivalent to the customer's proportional part of the city franchise fees,state gross receipts taxes, or other governmental levies payable by the Company,exclusive of federal income taxes. Municipal franchise fees are determined by each municipality's franchise ordinance. Each municipality's franchise ordinance will specify the percentage and applicability of franchise fees. From time to time,the tax factor may be adjusted,if required,to account for any over-or under- recovery of municipal franchise fees by the Company and to include an amount equivalent to the proportionate part of any new tax or increased franchise fee or tax, or any other governmental imposition,rental fee,or charge levied,assessed or imposed subsequent to the effective date of this tariff by any governmental authority,including districts,created under the laws of the State of Texas. The Company will also collect sales taxes where applicable. Ordinance No. 2005-06 CoSery 7 Rate Schedule 6 RATE C - COMMERCIAL SALES Applicable to: Entire System Page 2 of 2 Effective Date: February 1, 2005 Surcharges In addition to the monthly charges above, each customer's bill will include an amount for surcharges calculated in accordance with the applicable rider(s). Line Extension Policy The company has the right to contract with individual customers for the installation of gas facilities as provided for by the city franchise. Upon the request of a prospective new residential or commercial customer for service in an area served by CoSery Gas, CoSery Gas will extend its main lines up to 100 feet from an existing CoSery Gas main in the Public Rights of Way, without charge. The 100-foot allowance applies to a single customer or to a group of customers requesting service from the same extension. Customers requesting mainline extensions in excess of 100 feet shall bear the cost of any additional main, and shall bear the cost of all yard lines, service lines, customer meters and regulators, and appurtenant equipment, in accordance with the charges listed in item 12, Line Extension and Installation, of Rate M, Miscellaneous Service Charges. CoSery Gas is not required to extend its mains or facilities if the customer will not use gas for space heating and water heating, or the equivalent load, at a minimum. Ordinance No. 2005-06 CoSery 8 Rate Schedule 10 RATE M—MISCELLANEOUS SERVICE CHARGES Applicable to: Entire System Page 1 of 2 Effective Date: February 1, 2005 Application The service charges listed below are in addition to any other charges under the Company's Tariff for Gas Service and will be applied for the condition described. Other services not covered by these standard conditions will be charged on the basis of an estimate for the job or the Company's actual cost plus appropriate surcharges. Applicable Charges Service Charge Name and Description Amount of No. Charge Connection Charge During Business Hours During standard business hours, for each reconnection of gas service where service has been discontinued at the same premises for any reason, for the initial inauguration of service, and for each inauguration of service when the billable party has changed, with 1 the following exceptions: (a) For a builder who uses gas temporarily during construction $ 65.00 or for display purposes. (b) Whenever gas service has been temporarily interrupted because of System outage or service work done by Company; or (c) For any reason deemed necessary for Company operations Connection Charge After Business Hours After standard business hours, for each reconnection of gas service where service has been discontinued at the same premises for any reason, for the initial inauguration of service, and for each inauguration of service when the billable party has changed, with 2 the following exceptions: (a) For a builder who uses gas temporarily during construction or $ 97.00 for display purposes. (b) Whenever gas service has been temporarily interrupted because of System outage or service work done by Company; or (c) For any reason deemed necessary for Company operations Field Read of Meter 3 A read for change charge when it is necessary for the Company to read the meter at a currently served location because of a change in $ 19.00 the billable party. Returned Check Charges 4 Returned check handling charge for each check returned to $ 20.00 Company for any reason. Ordinance#2004- Denial of CoSery Gas Rate Increase 9 Charge for Temporary Discontinuance of Service-Residential Whenever service has been temporarily disconnected at the request 5 of the customer, this charge plus the appropriate Connection Charge $ 65.00 will be made to reestablish such service for that customer at the same address. Charge for Temporary Discontinuance of Service—NonResidential Whenever service has been temporarily disconnected at the request 6 of the customer, this charge plus the appropriate Connection Charge $ 107.00 will be made to reestablish such service for that customer at the same address. Charge for Meter Testing The Company shall, upon request of a customer, make a test of the accuracy of the meter serving that customer. The Company shall inform the customer of the time and place of the test and permit the customer or his authorized representative to be present if the customer so desires. If no such test has been performed within the 7 $ 15.00 previous four (4) years for the same customer at the same location, the test shall be performed without charge. If such test has been performed for the same customer at the same location within the previous four (4) years, the Company will charge the Meter Test Fee. The customer must be properly informed of the result of any test on a meter that services him. Charge for Service Calls During Business Hours A Service Call Charge is made for responding to a service call 8 during standard business hours that is determined to be a customer $ 26.00 related problem rather than a Company or Company facilities problem. Charge for Service Calls After Business Hours 9 A Service Call Charge is made for responding to a service call after $ 40.00 standard business hours that is determined to be a customer related problem rather than a Company or Company facilities problem. Tampering Charge No Company Meters, equipment, or other property, whether on Customer's premises or elsewhere, are to be tampered with or interfered with for any reason. A Tampering Charge is made for unauthorized reconnection or other tampering with Company 10 metering facilities or a theft of gas service by a person on the $ 125.00 customer's premises or evidence by whomsoever at customer's premises. An additional cost for the cost of repairs and/or replacement of damaged facilities and the installation of protective facilities or relocation of meter are made at cost plus appropriate charges as may be detailed in the Company's Service Rules and Regulations Credit/Debit Card Payments Charge 11 Bill payments using credit cards, debit cards, and electronic checks Actual Cost (includes third-party transaction fees and administrative costs). Ordinance#2004- Denial of CoSery Gas Rate Increase 10 Rate Schedule 10 RATE M—MISCELLANEOUS SERVICE CHARGES Applicable to: Entire System Page 2 of 2 Effective Date: February 1, 2005 Line Extension and Installation Charges Extension and installation of new mains, service lines, risers, 12 fittings and other appurtenant equipment pursuant to main Actual Cost extension policy in municipal franchise. Credit for main pursuant to municipal franchise. The customer is responsible for the installation of yard line and yard line risers. 13 Construction Crew Charges Actual Cost All labor charges if a construction crew is required. 14 Construction Costs Charges Actual Cost All other construction charges. Ordinance#2004- Denial of CoSery Gas Rate Increase 11 CoSery Gas, Ltd. Settlement Impact on Customer Bills and Revenues Test Year Ended March 31,2004 I Total I I Net Annual Revenue-Settlement Proposed Gas Costs Proposed Existing Gas Costs Proposed $ Base Rates &Fr Taxes Total Based Rates &Fr Taxes Total Increase %Change Allen 661,441 1,441,251 2,102,691 725,146 1,441,251 2,166,397 (63,706) -2.9% Argyle 25,689 69,738 95,427 20,742 69,738 90,480 4,947 5.5% Bartonville 23,046 66,475 89,521 24,187 66,475 90,662 (1,141) -1.3% Castlehills 70,940 175,870 246,810 88,940 175,870 264,809 (17,999) -6.8% Corinth 9,603 17,008 26,612 5,533 17,008 22,541 4,071 18.1% Denton 288,091 559,896 847,987 193,027 559,896 752,923 95,064 12.6% Lantana 138,452 299,600 438,053 144,544 299,600 444,144 (6,091) -1.4% Double Oak 12,333 31,323 43,657 13,697 31,323 45,020 (1,363) -3.0% Fairview 69,207 152,472 221,679 84,502 152,472 236,974 (15,295) -6.5% Flower Mound 221,942 585,162 807,104 235,527 585,162 820,689 (13,585) -1.7% Ft.Worth 12,254 47,167 59,421 12,373 47,167 59,540 (120) -0.2% Frisco 1,701,791 3,979,884 5,681,675 1,504,652 3,979,884 5,484,535 197,139 3.6% Highland Village 24,320 55,720 80,040 25,054 55,720 80,774 (734) -0.9% Little Elm 350,136 595,638 945,774 348,286 595,638 943,925 1,849 0.2% Lucas 37,417 97,444 134,861 33,784 97,444 131,228 3,633 2.8% McKinney 544,586 1,047,112 1,591,698 501,991 1,047,112 1,549,103 42,595 2.7% Murphy 228,920 501,179 730,098 205,070 501,179 706,249 23,850 3.4% Parker 63,365 172,583 235,948 57,849 172,583 230,432 5,517 2.4% Plano 412,137 905,110 1,317,247 316,075 905,110 1,221,184 96,063 7.9% Ponder 3,842 6,037 9,879 3,240 6,037 9,277 602 6.5% Prosper 97,271 282,586 379,857 205,586 282,586 488,172 (108,315) -22.2% Shady Shores 217 496 713 150 496 646 67 10.3% The Colony 351,158 721,431 1,072,589 345,454 721,431 1,066,884 5,704 0.5% Wylie 338,082 625,035 963,117 297,929 625,035 922,964 40,153 4.4% Kaufman County 114,859 169,646 284,505 120,879 169,646 290,525 6,020 -2.1% 5,801,099 12,605,864 18,406,963 5,514,216 12,605,864 18,120,079 286,884 1.6% Page 3 of 3 CITY OF WYLIE Item No. 3 City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: January 25, 2005 Other: Department: City Manager Prepared By: Mindy Manson Date Prepared: January 17, 2005 Exhibits: Resolution AGENDA SUBJECT: Consider and act upon a resolution authorizing the City's intervention before the Railroad Commission of Texas in Gas Utilities Docket (GUD) No. 9530; authorizing participation with other cities served by Atmos Energy Corporation, formally know as TXU Gas Company, in administrative and court proceedings involving a gas cost prudence review related to a filing made in September of 2004 as required by the final order in GUD No. 8664; designating a representative of the City to serve on a steering committee; and requiring reimbursement of reasonable legal and consultant expenses. RECOMMENDED ACTION: Approval of Resolution SUMMARY: • Pursuant to Gas Utilities Docket No. 8664, dated November 25, 1997, Atmos/TXU Gas was ordered by the Railroad Commission of Texas to file a prudence review every three years to demonstrate that its gas costs are reasonable and necessary. • Atmos/TXU Gas made a filing at the Railroad Commission of Texas on or about September 24, 2004, now docketed as GUD No. 9530, for a gas cost prudence review of$2.2 billion in previously incurred and billed gas costs. Atmos completed its purchase of TXU's gas utility operations on October 1, 2004. • These costs are twice the cost of gas purchases included in TXU's filing for the previous three-year period. This is despite the fact that one of the representations made by TXU to settle the last prudence review was that it had renegotiated a gas purchase contract for an expected benefit to ratepayers of over $20 million. Testimony included with this filing indicates that over half of all gas supply purchases during this three-year period were made on the spot market. • When TXU made its last three-year prudence review filing many of the same cities who participated in GUD No. 9400 intervened in that docket jointly and were ultimately successful in achieving a settlement of all issues with TXU. TXU also reimbursed the cities' expenses. APPROVED BY: Initial Date Department Director: MM \ 1/17/05_ City Manager: / --19-0 AGENDA SUBJECT: Consider and act upon a resolution authorizing the City's intervention before the Railroad Commission of Texas in Gas Utilities Docket (GUD) No. 9530; authorizing participation with other cities served by Atmos Energy Corporation, formally know as TXU Gas Company, in administrative and court proceedings involving a gas cost prudence review related to a filing made in September of 2004 as required by the final order in GUD No. 8664; designating a representative of the City to serve on a steering committee; and requiring reimbursement of reasonable legal and consultant expenses. SUMMARY: (continued) • An effort was made recently to negotiate a resolution of the gas prudence docket, as well as other outstanding regulatory issues with Atmos/TXU Gas. Atmos/TXU Gas rejected that settlement offer. • A December 10, 2004 intervention deadline was established by the examiners. An intervention was filed on behalf of the Steering Committee of Cities and the City of Arlington. Interventions on behalf of other individual cities will be consolidated with that existing intervention. As each additional city intervenes, the cities' position at the Railroad Commission is strengthened. • The attached resolution will authorize intervention by the city as a participant in steering committee, appoint the City Manager as the City's representative on a Cities' Steering Committee, and require Atmos/TXU Gas to reimburse the City reasonable costs associated with the City's participation in GUD No. 9530 or any subsequent proceeding. 2 RESOLUTION NO. 2005-09(R) A RESOLUTION BY THE CITY OF WYLIE, TEXAS AUTHORIZING INTERVENTION BEFORE THE RAILROAD COMMISSION OF TEXAS IN GAS UTILITIES DOCKET (GUD) NO. 9530; AUTHORIZING PARTICIPATION WITH OTHER CITIES SERVED BY ATMOS ENERGY CORPORATION, FORMERLY KNOWN AS TXU GAS COMPANY, IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING A GAS COST PRUDENCE REVIEW RELATED TO A FILING MADE IN SEP IEMBER OF 2004 AS REQUIRED BY THE FINAL ORDER IN GUD NO. 8664; DESIGNATING A REPRESENTATIVE OF THE CITY TO SERVE ON A STEERING COMMITTEE; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES WHEREAS, the City Council of the City of Wylie, Texas is a customer of Atmos Energy Corporation, formerly known as TXU Gas Company, (Atmos/TXU Gas) and a regulatory authority with an interest in the rates and charges of Atmos/TXU Gas; and WHEREAS, Atmos/TXU Gas made a filing at the Railroad Commission of Texas on or about September 24, 2004, now docketed as GUD No. 9530, for a gas cost prudence review of $2.2 billion in previously incurred and billed gas costs; and WHEREAS, the filing made by Atmos/TXU Gas was required by the terms of the Final Order of the Railroad Commission in GUD No. 8664; and WHEREAS, ratepayers of Atmos/TXU Gas, including the City of Wylie and its residents would be entitled to a pro rata portion of a refund associated with any costs found to have been unreasonable; and WHEREAS, the City of Wylie and its residents could benefit from coordination with other Cities in a review of the reasonableness of the gas costs of Atmos/TXU Gas and the joint participation in the Railroad Commission proceedings and any subsequent litigation or appeal related to those gas costs; and WHEREAS, the reasonable costs associated with the participation of Cities in this ratemaking proceeding are reimbursable from the Company. Resolution No. 2005-09(R) Atmos Intervention 1 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS THAT: 1. Intervention is hereby authorized in GUD No. 9530 and/or any successor docket at the Railroad Commission of Texas. 2. The City is authorized to cooperate with other Cities within the Atmos/TXU Gas system and hereby designates the City Manager as a representative to a Cities' Steering Committee that shall direct the efforts of counsel and consultants and the course of settlement and/or litigation before the Railroad Commission or of an appeal to any court regarding any matter related to the gas cost prudence review filing made by Atmos/TXU Gas in 2004. 3. Atmos/TXU Gas shall promptly reimburse the City's reasonable costs associated with the City's participation in GUD No. 9530 or any subsequent proceeding. DULY PASSED AND APPROVED this 25th day of January, 2005. Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No. 2005-09(R) Atmos Intervention 2 CITY OF WYLIE Item No. 4 City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: January 25, 2005 Special Called Meeting Department: City Secretary Prepared By: Mindy Manson Date Prepared: January 17, 2005 Exhibits: Resolution AGENDA SUBJECT: Approve a resolution suspending an interim rate adjustment (GRIP rate increase) proposed by Atmos Energy Corporation, formerly TXU Gas Company (Atmos/TXU Gas); authorizing participation in a steering committee to review the proposed rate increase and recommend further action related to the proposed rate increase; designating a representative of the City to serve on the steering committee; authorizing intervention in any proceedings related to the proposed rate increase; and requiring reimbursement of reasonable legal and consultant expenses. RECOMMENDED ACTION: Approval of Resolution SUMMARY: • Atmos/TXU Gas made a filing (Distribution GRIP filing) at the City and with other cities served by Atmos/TXU Gas in December, 2004, notifying the cities of its intent to increase its distribution rates to all customers effective February 15, 2005, pursuant to Texas Utilities Code Section 104.301, because of investments Atmos/TXU Gas allegedly made in calendar year 2003. • Atmos/TXU Gas made a filing (Pipeline GRIP filing) at the Railroad Commission of Texas (RRC) on or about December 17, 2004, now docketed as GUD No. 9560, notifying the RRC of its intent to increase its city gate and transportation rates to all customers, also effective February 15, 2005, pursuant to Texas Utilities Code Section 104.301, because of investments Atmos/TXU Gas allegedly made in calendar year 2003. • In its filings, Atmos/TXU Gas claims that net investment in infrastructure throughout the former TXU service areas increased in 2003 by a total of$43.5 million. If calculated in compliance with the GRIP statute, this claimed increase would be in addition to the $70 million in annual plant investment included in the GUD No. 9400 rates. Atmos/TXU Gas is therefore claiming that investment in plant increased by over sixty percent during 2003. APPROVED BY: Initial Date Department Director: MM \ 1/17/05 City Manager: M92. / /-9- i AGENDA SUBJECT: Approve a resolution suspending an interim rate adjustment (GRIP rate increase) proposed by Atmos Energy Corporation, formerly TXU Gas Company (Atmos/TXU Gas); authorizing participation in a steering committee to review the proposed rate increase and recommend further action related to the proposed rate increase; designating a representative of the City to serve on the steering committee; authorizing intervention in any proceedings related to the proposed rate increase; and requiring reimbursement of reasonable legal and consultant expenses. SUMMARY: (continued) • The proposed GRIP rate increases would increase annual revenues for Atmos/TXU Gas by $8.5 million. These increases are in addition to the $11.5 million annual increase approved by the RRC in GUD No. 9400, and also in addition to the $10.1 million recovery sought by Atmos/TXU Gas for rate case expenses related to GUD No. 9400. • Atmos/TXU Gas has publicly stated that it expects to experience annual cost savings of at least $40 million over the costs included in rates approved in GUD No. 9400 and said savings are likely to greatly exceed the annual revenue requirement associated with any reasonable increases in invested capital that form the basis of the requested GRIP rate increases. • Atmos Energy Corporation has announced a twenty percent increase in profits for its fiscal year ended September 30, 2004, and projects further increases in profits in 2005. 2 RESOLUTION NO. 2005-10(R) A RESOLUTION BY THE CITY OF WYLIE, TEXAS SUSPENDING THE PROPOSAL BY ATMOS ENERGY CORP. TO IMPLEMENT INTERIM GRIP RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2003; AUTHORIZING PARTICIPATION WITH OTHER CITIES SERVED BY ATMOS ENERGY CORP., MID-TEX DIVISION, IN A REVIEW AND INQUIRY INTO THE BASIS AND REASONABLENESS OF THE PROPOSED RATE ADJUSTMENTS; AUTHORIZING INTERVENTION IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING THE PROPOSED GRIP RATE ADJUSTMENTS; DESIGNATING A REPRESENTATIVE OF THE CITY TO SERVE ON A STEERING COMMITTEE; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES WHEREAS, the City of Wylie, Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid-Tex Division, ("Atmos Mid-Tex" or "the Company") and a regulatory authority with an interest in the rates and charges of Atmos Mid-Tex; and WHEREAS, Atmos Mid-Tex made filings with the City and the Railroad Commission of Texas ("Railroad Commission") in December, 2004, proposing to implement interim rate adjustments ("GRIP Rate Increases") pursuant to Texas Utilities Code § 104.301 on all customers served by Atmos Mid-Tex; and WHEREAS, Atmos Energy Corporation has reported a twenty percent increase in profits for its fiscal year ended September 30, 2004, and projects further increases in profits in 2005; and WHEREAS, in May, 2004, the Railroad Commission entered its Final Order in GUD No. 9400 authorizing a rate increase that will produce additional annual revenues of $11.5 million for Atmos Mid-Tex; and WHEREAS, Atmos Mid-Tex has projected that it will experience annual cost savings of at least $40 million over the costs included in rates approved in GUD No. 9400 and said savings Resolution No. 2005-10(R) Atmos Suspension 1 are likely to greatly exceed the annual revenue requirement associated with any reasonable increases in invested capital that form the basis of the proposed GRIP rate increases; and WHEREAS, ratepayers of Atmos Mid-Tex, including the City and its residents, will be adversely impacted by the proposed GRIP Rate Increases; and WHEREAS, the City and its residents could benefit from coordination with other cities served by Atmos Mid-Tex ("Cities") in a review of the reasonableness of the proposed GRIP Rate Increases and joint participation in any proceedings at the Railroad Commission related to the proposed GRIP Rate Increases; and WHEREAS, the reasonable costs associated with the participation of Cities in this rate proceeding are reimbursable from Atmos Mid-Tex. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT: 1. The February 15, 2005, effective date of the GRIP Rate Increases proposed by Atmos Mid-Tex is hereby suspended to permit adequate time to review the proposed increases, analyze all necessary information, and take appropriate action related to the proposed increases. 2. The City is authorized to cooperate with other Cities to create and participate in a Steering Committee to hire and direct legal counsel and consultants, to negotiate with the Company, to make recommendations to the City regarding the proposed GRIP Rate Increases, and to direct any administrative proceedings or litigation associated with the proposed GRIP Rate Increases. 3. The City is authorized to intervene in any administrative proceedings or litigation associated with the proposed GRIP Rate Increases, including GUD No. 9560, the Company's proposed GRIP rate increase for its pipeline system filed at the Railroad Commission. Resolution No. 2005-10(R) Atmos Suspension 2 4. The City hereby designates the City Manager as a representative to a Cities' Steering Committee that shall direct the efforts of counsel and consultants. 5. Atmos Mid-Tex shall promptly reimburse the City's reasonable costs associated with the City's activities related to the proposed GRIP Rate Increases. DULY PASSED AND APPROVED this 25th day of January, 2005. Mayor ATTEST: Resolution No. 2005-10(R) Atmos Suspension 3 CITY OF WYLIE Item No. 5 City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: January 25, 2005 Special Called Meeting Department: City Secretary Prepared By: Carole Ehrlich Date Prepared: January 10, 2005 Exhibits: Ordinance AGENDA SUBJECT: Consider and act upon the adoption of an ordinance enacting a new code for the City of Wylie, Texas and providing for the repeal of certain ordinances not included therein; providing a penalty for the violation thereof; providing for the manner of amending such code; and providing when such code and this ordinance shall become effective. RECOMMENDED ACTION: Approval SUMMARY: Chapter III, Section 14B of the Wylie City Charter states that within three (3) years after adoption of this Charter, and at least every five (5) years thereafter, the city council shall provide for the preparation of the codification of all general ordinances of the city. Every general ordinance enacted subsequent to such codification shall be enacted as an amendment to the code. For the purposes of this section, general ordinances shall be deemed to be those ordinances of a permanent or continuing nature which affect the residents of the city at large. The codification shall be published promptly, together with the Charter and any amendments thereto, and with appropriate references to state statutes and the constitution, and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as the Wylie City Code and shall be in full force and effect without the necessity of such code or any part thereof being published in any newspaper. In 1997, the City of Wylie adopted the re-codification of the Wylie City Code. The Wylie City Code presented tonight is a re-codification of the 1997 code. This book includes all ordinance approved from November of 1997 through November of 2004. The code, once approved will be available through Municipal Code Corporation on our web page for easy access. Future supplements will be completed on an annual basis starting in 2006. Financial- The re-codification of the Wylie Code has been ongoing since 2003 and was included in the City Secretary budgets for FY 2004 and 2005. APPROVED BY: Initial Date Department Director: CE \ 1/10/05 City Manager: /hoc. ORDINANCE NO. 2005-07 AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF WYLIE,TEXAS;PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF;PROVIDING FOR THE MANNER OF AMENDING SUCH CODE;AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. The Code entitled "Code of Ordinances, City of Wylie, Texas," published by Municipal Code Corporation, consisting of chapters 1 through 118, each inclusive, is adopted. Section 2. All ordinances of a general and permanent nature enacted on or before November 9, 2004, and not included in the Code or recognized and continued in force by reference therein, are repealed. Section 3. The repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance. Section 4. Unless another penalty is expressly provided,every person convicted of a violation of any provision of the Code or any ordinance,rule or regulation adopted or issued in pursuance thereof shall be punished by a fine not exceeding$500.00, except for violations of municipal ordinances that govern fire safety,zoning,public health and sanitation, including the dumping of refuse,in which case the maximum fine shall be $2,000.00 for each offense, and violations of traffic laws and ordinances which are punishable as Class C misdemeanors by a fine not exceeding$200.00. Each act of violation and each day upon which any such violation shall continue or occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the Ordinance No.2005-07 Approval of Code of Ordinances 1 amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits. Section 5. Additions or amendments to the Code when passed in such form as to indicate the intention of the City Council to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments. Section 6.Ordinances adopted after November 9,2004,that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code. Section 7. This ordinance shall be effective upon approval by the City Council of the City of Wylie. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 25th day of January, 2005. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The Wylie News-January 11,2005 Ordinance No.2005-07 Approval of Code of Ordinances 2 Certificate of Adoption I hereby certify that the foregoing is a true copy of the ordinance passed at the Regular Meeting of the City Council, held on the 25th day of January, 2005, Carole Ehrlich, City Secretary Ordinance No.2005-07 Approval of Code of Ordinances 3 CITY OF WYLIE Item No. 6 City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: January 25, 2005 Other: Department: Police Prepared By: Jeff Butters Date Prepared: 01-17-05 Exhibits: Proposed Curfew Ordinance AGENDA SUBJECT: Consider and act upon an Ordinance repealing Wylie Ordinance Nos. 79-23, 95-2 and 95-3; establishing a curfew for minors for the City of Wylie, Texas; creating offenses for minors, parents, guardians of minor and business establishments for violating curfew regulations; defining terms and providing defences; providing for enforcement; providing for waiver of jurisdiction by the court when required under the Texas Family Code. RECOMMENDED ACTION: Approval SUMMARY: The proposed ordinance contains the same definitions, curfew hours, elements of offense, and defenses, as the old curfew ordinance. The proposed curfew ordinance requires that the curfew ordinance be reviewed via public hearings every three years, as required by Section 370.002 of the Local Government Code. The review requirement is the only change from the old curfew ordinance. APPROVED BY: Initial Date Department Director: JB \ 01/18/05 City Manager: r),d2 \ i-IT-Or ORDINANCE NO. 2005-08 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS REPEALING WYLIE ORDINANCE NOS. 79-23, 95-2 AND 95-3; ESTABLISHING A CURFEW FOR MINORS FOR THE CITY OF WYLIE, TEXAS; CREATING OFFENSES FOR MINORS, PARENTS, GUARDIANS OF MINORS AND BUSINESS ESTABLISHMENTS FOR VIOLATING CURFEW REGULATIONS;DEFINING TERMS AND PROVIDING DEFENSES; PROVIDING FOR ENFORCEMENT; PROVIDING FOR WAIVER OF JURISDICTION BY THE COURT WHEN REQUIRED UNDER THE TEXAS FAMILY CODE;PROVIDING FOR REVIEW OF THIS ORDINANCE;PROVIDING 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 THEREOF. WHEREAS, the City Council of the City of Wylie, Texas("City Council") has investigated and determined that there has been an increase in juvenile violence,juvenile gang activity and crime by persons under the age of seventeen (17) in the City of Wylie, Texas ("Wylie"); and WHEREAS,the City Council has further investigated and determined that persons under the age of seventeen (17) are particularly susceptible by their lack of maturity and experience to participate in unlawful and gang-related activities and to be victims of older perpetrators of crime;and WHEREAS,the City Council, on behalf of Wylie and its citizens, has an obligation to provide for the protection of minors from each other and from other persons;for the enforcement of parental control over and responsibility for children; for the protection of the general public; and for the reduction of incidence of juvenile criminal activities; and WHEREAS, the City Council has further investigated and determined that it is in the best interest of Wylie and its citizens to repeal Ordinance Nos. 79-23, 95-2 and 95-3; and WHEREAS, the City Council has further investigated and determined that it is in the best interests of Wylie and its citizens to establish a curfew for those under the age of seventeen(17), as set forth below, which will promote public health, safety and general welfare; help attain the foregoing objectives; and diminish the undesirable impact of such conduct on the citizens of 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: ORDNANCE NOS. 79-23, 95-2 AND 95-3 REPEALED. Wylie Ordinance Nos. 79-23, 95-2 and 95-3 are hereby repealed. Such repeal shall not abate any pending prosecution for violation of the repealed Wylie Ordinance Nos. 79-23, 95-2 and 95-3, nor shall the repeal prevent ORDINANCE NO.2005-08 JUVENILE CURFEW ORDINANCE(REPEAL ORDINANCE NOS.79-23,95-2 and 95-3)-Page 1 a prosecution from being commenced for any violation if occurring prior to the repeal of Wylie Ordinance Nos. 79-23, 95-2 and 95-3. SECTION 3: DEFINITIONS. 3.1 For the purposes of this Ordinance, when not inconsistent with the context, words used in the present tense include the future tense, words in the plural include the singular, and words in the singular include the plural, and the use of any gender shall be applicable to all genders whenever the sense requires. Words not defined in this Section shall be given their common and ordinary meaning. 3.2 For the purposes of this Ordinance, the following words, terms, phrases and their derivations shall have the meaning given in this Section 3.2. (A) CURFEW HOURS means: (1) 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day; and (2) 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday. (B) EMERGENCY means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life. (C) ESTABLISHMENT means any privately-owned place of business operated for a profit to which the public is invited, including but not limited to, any place of amusement or entertainment. (D) GUARDIAN means: (1) a person who, under court order, is the guardian of the person of a minor; or (2) a public or private agency with whom a minor has been placed by a court. (E) MINOR means any person under seventeen (17) years of age. (F) OPERATOR means any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officers and directors of a corporation. (G) PARENT means a person who is: (1) a natural parent, adoptive parent or step-parent of another person; or ORDINANCE NO.2005-08 JUVENILE CURFEW ORDINANCE(REPEAL ORDINANCE NOS.79-23,95-2 and 95-3)-Page 2 (2) at least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor. (H) PUBLIC PLACE means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops. (I) REMAIN means to: (1) linger or stay; or (2) fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of the premises. (J) SERIOUS BODILY INJURY means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. SECTION 4: OFFENSES. 4.1 A minor commits an offense if he remains in any public place or on the premises of any establishment within Wylie during curfew hours. 4.2 A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control, allows the minor to remain in any public place or on the premises of any establishment within Wylie during curfew hours. 4.3 The owner, operator or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours. SECTION 5: DEFENSES. 5.1 It is a defense to prosecution under Section 4 that the minor was: (A) accompanied by the minor's parent or guardian; (B) on an errand at the direction of the minor's parent or guardian, without any detour or stop; (C) in a motor vehicle involved in interstate travel; (D) engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop; (E) involved in an emergency; ORDINANCE NO.2005-08 JUVENILE CURFEW ORDINANCE(REPEAL ORDINANCE NOS.79-23,95-2 and 95-3)—Page 3 (F) on the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence; (G) attending an official school, religious, or other recreational activity supervised by adults and sponsored by Wylie, a civic organization or another similar entity that takes responsibility for the minor or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by Wylie, a civic organization or another similar entity that takes responsibility for the minor; (H) exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly; or (I) married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code, as amended. 5.2 It is a defense to prosecution under Subsection 4.3 that the owner, operator or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. SECTION 6: ENFORCEMENT. Before taking any enforcement action under this Section,a peace officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this Section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Section 5 is present. SECTION 7: PENALTIES. 7.1 Any person violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction therefore, shall be fined a sum not exceeding Five Hundred Dollars($500.00). Each and every day that such violation continues shall be considered a separate offense. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. 7.2 When required by Section 51.08 of the Texas Family Code, as amended, the court shall waive original jurisdiction over a person who violates Section 4 and shall refer the person to the appropriate court. SECTION 8: REVIEW OF ORDINANCE. Before the third anniversary of the date of the adoption of this Ordinance, and every third year thereafter, the City Council shall: (A) review the effects of the Ordinance on the community and on problems the Ordinance was intended to remedy; (B) conduct public hearings on the need to continue the Ordinance; and (C) abolish, continue, or modify the Ordinance. ORDINANCE NO.2005-08 JUVENILE CURFEW ORDINANCE(REPEAL ORDINANCE NOS.79-23,95-2 and 95-3)—Page 4 The failure of the City Council to act in accordance with this Section shall cause this Ordinance to expire without further action by the City Council. SECTION 9: SAVINGS/REPEALING CLAUSE. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal ofthe ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 10: 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 11: EFFECTIVE DATE. This Ordinance shall become effective from and after its adoption and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 25th day of January 2005. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: CAROL EHRLICH, City Secretary Date(s)of Publication: ,in The Wylie News ORDINANCE NO.2005-08 JUVENILE CURFEW ORDINANCE(REPEAL ORDINANCE NOS.79-23,95-2 and 95-3)-Page 5 CITY OF WYLIE Item No. Worksession City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: January 25, 2005 Special Called Meeting Department: Planning Department Prepared By: Claude Thompson Date Prepared: January 13, 2005 Exhibits: 2 AGENDA SUBJECT: Hold a joint work session with the Planning and Zoning Commission to consider and provide direction on a proposal by Herzog Development Corporation for the 351 acre Woodbridge South. ZC 2004-24 RECOMMENDED ACTION: Provide direction to staff and applicant concerning the proposal. SUMMARY: Applicant: Herzog Development Corporation Owners: Groves, Bruners, Robbins The subject property totals 352 acres, 63 acres of which are within unincorporated Dallas County and must be annexed prior to adoption of zoning. The remainder of the property was annexed in 1986 (221 acres) and 2001 (68 acres). The Comprehensive Plan recommends that the entire property be developed as Country Residential, with lots in excess of 1 acre). The requested residential smaller lot sizes and higher density do not comply with this recommendation of the Comp Plan. However, this recommendation of the Plan does not accommodate approximately 30 acres at the intersection of Pleasant Valley and Sachse Roads which has been zoned for commercial uses since 1986. The request proposes to reduce the commercial use to 7 acres, which does comply with the Council-recommended revisions to the Comp Plan that retail use be limited. Planned Development zoning in not justified, and the applicant has not demonstrated why development cannot be accomplished through standard zoning districts. The request offers limited development innovations other than reduction of adopted plan and code requirements (the "unique life style and amenities" have not been illustrated), and the property offers sufficient size and flexibility to efficiently accommodate the several constraints to development (floodplain, water and electric transmission corridors, and thoroughfare dedications). APPROVED BY: Initial Date Department Director: CT \ 01/13/05 City Manager: MBR 1/19/05 AGENDA SUBJECT: Hold a joint work session with the Planning and Zoning Commission to consider and provide direction on a proposal by Herzog Development Corporation for the 351 acre Woodbridge South. ZC 2004-24 SUMMARY: The request will allow as many as 1,541 residential lots and dwellings, of varied size and design/types. 1,204 (78%) of these lots are smaller than 8,500 square feet (smallest currently allowed by the Zoning Ordinance) with houses smaller than 1,700 square feet. The following break-down of lots is proposed: • 224 units of SF-10/19, constructed to standards of the ZO • 113 units of SF-8.5/17, constructed to standards of ZO • 452 units of SF-7.2, 1,500 sq. ft. houses on 60 ft. lots with 20 ft. front and 5 ft. side yards • 151 units of SF-6, 1,400 sq. ft. house on 50 ft. lots with 20 ft. front and 5 ft. side yards • 308 units of Patio-homes, 1,300 sq. ft. houses on 40 ft. lots with 15 ft. front and 0-3 or 7-10 ft. side yds. • 293 units of Towmhouses, constructed to standards of ZO. The PD requires that the Land Design, Streets & Sidewalks and Architectural residential development regulations (both Base and Desired) of the ZO will be achieved, and provides a listing of the applicable regulations. Nonresidential requirements generally comply with the Community Retail standards of the ZO, except: • Site Design incentives shall require only 30 rather than 60 points • Landscape incentives shall require only 25 rather than 55 points, requiring only 15% of the site to be landscaped rather than 20% • One-way isles within parking lots shall be 20 rather than 24 feet (City Engineer recommends denial) Internal minor streets to be 27 ft. pavement rather than 31 ft., and collector thoroughfares are to be 36 ft w//in 60 ft. right-of-way rather than 38 ft. w/in 65 ft. Alleys shall be provided to all residential smaller than 10,000 sq. ft., but shall have 15 ft. right-of-way w/ 5 ft. utility easement w/in the adjoining lot, rather than 20 ft. r-o-w. City Engineer recommends denial of this stipulation. On-site detention of storm water shall not be required if all runoff is discharged into Muddy Creek. City Engineer recommends denial of this stipulation. Approximately 50 acres is illustrated on the Concept Plan as open space and much of this is to be connected by a trail system. The PD Conditions provide that this acreage and improvements shall satisfy the City's required park land dedication. The required park land dedication for the allowed 1,541 residential lots amounts to 77 acres. Furthermore, approximately 75% of the land allocated for open space is occupied by utility easements, and the proposed trail is 4 to 6 ft. wide rather than the required 8 feet. Financial Considerations— estimated annual at current levels • Revenues, +/- $1,606,500 property tax • Expenses, maintenance of streets, alleys and park land is currently unknown 2 [ CITY OF WYLIE Item No. Worksession City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: January25, 2005 Special Called Meeting Department: Planning Department Prepared By: Claude Thompson Date Prepared: January 13, 2005 Exhibits: 2 AGENDA SUBJECT: Hold a joint work session with the Planning and Zoning Commission to consider and provide direction on a proposal by Herzog Development Corporation for the 351 acre Woodbridge South. ZC 2004-24 RECOMMENDED ACTION: Provide direction to staff and applicant concerning the proposal. SUMMARY: Applicant: Herzog Development Corporation Owners: Groves, Bruners, Robbins The subject property totals 352 acres, 63 acres of which are within unincorporated Dallas County and must be annexed prior to adoption of zoning. The remainder of the property was annexed in 1986 (221 acres) and 2001 (68 acres). The Comprehensive Plan recommends that the entire property be developed as Country Residential, with lots in excess of 1 acre). The requested residential smaller lot sizes and higher density do not comply with this recommendation of the Comp Plan. However, this recommendation of the Plan does not accommodate approximately 30 acres at the intersection of Pleasant Valley and Sachse Roads which has been zoned for commercial uses since 1986. The request proposes to reduce the commercial use to 7 acres, which does comply with the Council-recommended revisions to the Comp Plan that retail use be limited. Planned Development zoning in not justified, and the applicant has not demonstrated why development cannot be accomplished through standard zoning districts. The request offers limited development innovations other than reduction of adopted plan and code requirements (the "unique life style and amenities" have not been illustrated), and the property offers sufficient size and flexibility to efficiently accommodate the several constraints to development (floodplain, water and electric transmission corridors, and thoroughfare dedications). APPROVED BY: Initial Date Department Director: CT \ 01/13/05 City Manager: AGENDA SUBJECT: Sold a joint work session with the Planning and Zoning Commission to consider and provide direction on a proposal by Herzog Development Corporation for the 351 acre Woodbridge South. ZC 2004-24 SUMMARY: The request will allow as many as 1,541 residential lots and dwellings, of varied size and design/types. 1,204 (78%)of these lots are smaller than 8,500 square feet (smallest currently allowed by the Zoning Ordinance)with houses smaller than 1,700 square feet. The following break-down of lots is proposed: • 224 units of SF-10/19, constructed to standards of the ZO • 113 units of SF-8.5/17, constructed to standards of ZO • 452 units of SF-7.2, 1,500 sq. ft. houses on 60 ft. lots with 20 ft. front and 5 ft. side yards • 151 units of SF-6, 1,400 sq. ft. house on 50 ft. lots with 20 ft. front and 5 ft. side yards • 308 units of Patio-homes, 1,300 sq. ft. houses on 40 ft. lots with 15 ft. front and 0-3 or 7-10 ft. side yds. • 293 units of Towmhouses, constructed to standards of ZO. The PD requires that the Land Design, Streets & Sidewalks and Architectural residential development regulations (both Base and Desired) of the ZO will be achieved, and provides a listing of the applicable regulations. Nonresidential requirements generally comply with the Community Retail standards of the ZO, except: • Site Design incentives shall require only 30 rather than 60 points • Landscape incentives shall require only 25 rather than 55 points, requiring only 15% of the site to be landscaped rather than 20% • One-way isles within parking lots shall be 20 rather than 24 feet (City Engineer recommends denial) Internal minor streets to be 27 ft. pavement rather than 31 ft., and collector thoroughfares are to be 36 ft w//in 60 ft. right-of-way rather than 38 ft. w/in 65 ft. Alleys shall be provided to all residential smaller than 10,000 sq. ft., but shall have 15 ft. right-of-way w/ 5 ft. utility easement w/in the adjoining lot, rather than 20 ft. r-o-w. City Engineer recommends denial of this stipulation. On-site detention of storm water shall not be required if all runoff is discharged into Muddy Creek. City Engineer recommends denial of this stipulation. Approximately 50 acres is illustrated on the Concept Plan as open space and much of this is to be connected by a ;rail system. The PD Conditions provide that this acreage and improvements shall satisfy the City's required park land dedication. The required park land dedication for the allowed 1,541 residential lots amounts to 77 acres. Furthermore, approximately 75% of the land allocated for open space is occupied by utility easements, and the proposed trail is 4 to 6 ft. wide rather than the required 8 feet. financial Considerations—estimated annual at current levels • Revenues, +/- $1,606,500 property tax • Expenses, maintenance of streets, alleys and park land is currently unknown EXHIBIT "B" PLANNED DEVELOPMENT DISTRICT DEVELOPMENT STANDARDS (ZONING CASE 2004- ') 1.0 PLANNED DEVELOPMENT DISTRICT Purpose: The purpose of this Planned Development District is intended to provide for the mixing and combining of uses allowed in various districts with appropriate land use regulations and devel- opment standards. Each permitted use is planned, developed or operated as an integral land use unit while providing flexibility in the use and design of land and buildings where modification of specific provisions of this ordinance is not contrary to its intent and purpose or significantly in- consistent with the planning on which it is based and will not be harmful to the neighborhood. The flexibility provided in the detailed provisions outlined in this Planned Development District allow for additional expansion of the creative and innovative concepts defined in the Suburban Residential Districts, the Village Residential Districts and the Village Center Nonresidential Dis- tricts of the existing zoning ordinance. The allowable use of a combination of these districts provides for the enhancement and implementation of the City's vision of the Comprehensive Plan. The use of existing creative development goals and objectives contained within the Subur- ban Residential Districts, the Village Residential Districts and the Village Center Nonresidential Districts, combined with the additional flexibility provided by the use of selective enhancements allowed by the use of a Planned Development District, together provide for a unique and creative addition to the existing master planned community development previously approved as Ordi- nance 98-15 which is of general benefit to the City as a whole. 2.0 PLANNED DEVELOPMENT DISTRICT - SUBURBAN RESIDENTIAL DISTRICTS AND VILLAGE RESIDENTIAL DISTRICTS Tracts SF-10.0, SF-8.5, SF-7.2, SF-6.0, PH, and TH 2.01 General Description: The residential tracts within this Planned Development District intended to accommodate a vari- ety of single family suburban residential and village residential land uses and densities. They are designed to provide a unique life style and the amenities that are afforded those living in a large master planned community. The various neighborhoods are designed to appeal to the needs of 1 G:\PROJECTS\Wylie\Bruner Tract\Zoning PD\Revised PD Standards 110304.doc the young professional, the single parent, the new and established family with children, the empty nester and the retired. The residential units will encompass the base components contained in the Suburban Residential Districts and the Village Residential Districts of the City of Wylie Zoning Ordinance. Any reference within this Planned Development District Development Standards to the City of Wylie Zoning Ordinance shall be that certain City of Wylie Zoning Ordinance adopted November 11, 2001 and Amended September 26, 2003. • Tracts designated as SF-10.0 will be developed in accordance with Single Family- 10 District (SF-10/19). • Tracts designated as SF-8.5 will be developed in accordance with Single Family- 8.5 District (SF-8.5/17). • Tracts designated as SF-7.2 will be developed in accordance with the development stan- dards outlined herein for Single Family— 7.2 District (SF-7.2/15). • Tracts designated as SF-6.0 will be developed in accordance the development standards outlined herein for Single Family-6.0 District (SF-6.0/14) • Tracts designated as PH will be developed in accordance with the development standards outlined herein for Patio Home. • Tracts designated as TH will be developed in accordance with Townhouse District (TH) and in accordance with the revisions herein. The revisions and additions to the development standards for existing districts as well as the ad- dition of new districts created within this Planned Development District for the tracts identified above are necessary to achieve the previously stated purpose and are further outlined within these development standards. 2.02 Permitted Uses: Land uses permitted within the tracts indicated as Tracts SF-10.0, SF-8.5, SF-7.2, SF-6.0, PH and TH identified on Exhibit "D" Conceptual Plan, which are shown in Article 5 Use Regulations, Section 5.1 Land Use Charts, Figure 5-3 Land Use Tables, Residential Districts, Suburban Resi- dential, SF-10/19 (Tracts designated as SF-10.0) and Village Center, SF-8.5/17 (Tracts desig- nated as SF-8.5, SF-7.2, and SF-6.0) and TH (Tracts designated as PH and TH) and Section 5.2 Listed Uses, as defined in the City of Wylie Zoning Ordinance are hereby revised to include the following additions: • Private recreation facilities and buildings for homeowner use. • Real estate sales offices and model homes during the development and marketing of the residential areas. • Temporary buildings, advertising signs, and uses incidental to construction work and sales promotions on the premises, which shall be removed upon completion. 2 G:\PROJECTS\Wylie\Bruner Tract\Zoning PD\Revised PD Standards 110304.doc 2.03 Density: The maximum number of single family residential units for each residential land use designation are as follows: • Tracts designated as SF-10.0 shall have a maximum number of 224 units. • Tracts designated as SF-8.5 shall have a maximum number of 113 units. • Tracts designated as SF-7.2 shall have a maximum number of 452 units. • Tracts designated as SF-6.0 shall have a maximum number of 151 units. • Tracts designated as PH shall have a maximum number of 308 units. • Tracts designated as TH shall have a maximum number of 293 units. The total maximum number of single family residential units shall not exceed 1,541. 2.04 Single Family 10.0 District (SF-10): The lots in Tracts designated as SF-10.0 are to be developed in accordance with the development standards as defined in Article 3 - Residential District Regulations, Section 3.2 Suburban Resi- dential Districts, C. Single Family-10 District (SF-10/19), Figure 3-5 - Single Family 10 District (SF-10/19) in the City of Wylie Zoning Ordinance. 2.05 Single Family- 8.5 District (SF-8.5): The lots in Tracts designated as SF-8.5 are to be developed in accordance with the development standards as defined in Article 3 - Residential District Regulations, Section 3.3 Village Residen- tial Districts, A. Single Family- 8.5 District (SF-8.5/17), Figure 3-6 - Single Family 8.5 District (SF-8.5/17) in the City of Wylie Zoning Ordinance. 2.06 Single Family - 7.2 District (SF-7.2): The lots in Tracts designated as SF-7.2 are to be developed in accordance with the following de- velopment standards: a. Minimum Dwelling Size: • The minimum area of the main building shall be one thousand five hundred (1,500) square feet, exclusive of garages, breezeways and porticos. b. Lot Area: • The minimum area of any lot shall be seven thousand two hundred (7,200) square feet. c. Lot Coverage: • In no case shall more than forty-five percent (45%) of the total lot area be covered by the combined area of the main buildings and accessory buildings. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determin- ing maximum lot coverage. d. Lot Width: • The minimum width of any lot shall be sixty(60) feet at the front building line, except 3 G:\PROJECTS\Wylie\Bruner Tract\Zoning PD\Revised PD Standards 110304.doc that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum width of fifty(50) feet at the building line; provided all other requirements of this section are fulfilled. e. Lot Depth: • The minimum depth of any lot shall be one hundred ten(110) feet, except that a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum lot depth, measured at midpoints on front and rear lot lines, of one hundred (100) feet; provided all other requirements of this section are fulfilled. Double frontage lots shall have a mini- mum depth of one hundred twenty(120) feet. f. Front Yard: • The minimum depth of the front yard setback shall be twenty(20) feet. g. Side Yard: • The minimum side yard setback on each side of the lot shall be five (5) feet. A side yard setback adjacent to a street shall be a minimum of fifteen (15) feet. h. Rear Yard: • The minimum depth of the rear yard setback shall be twenty(20) feet. Double frontage lots shall have a minimum rear yard depth of 25 feet, or 20 feet if adjacent to an alley. i. Maximum Building Height: • Buildings shall be a maximum of two and one-half(21/2) stories, or thirty six (36) feet. 2.07 Single Family - 6.0 District (SF-6.0): The lots in Tracts designated as SF-6.0 are to be developed in accordance with the following de- velopment standards: a. Minimum Dwelling Size: • The minimum area of the main building shall be one thousand four hundred (1,400) square feet, exclusive of garages, breezeways and porticos. b. Lot Area: • The minimum area of any lot shall be six thousand (6,000) square feet. c. Lot Coverage: • In no case shall more than fifty percent (50%) of the total lot area be covered by the com- bined area of the main buildings and accessory buildings. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determining maximum lot coverage. d. Lot Width: • The minimum width of any lot shall be fifty(50) feet at the front building line, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum width of forty five (45) feet at the building line; provided all other requirements of this section are fulfilled. e. Lot Depth: • The minimum depth of any lot shall be one hundred ten (110) feet, except that a lot at the 4 G:\PROJECTS\Wylie\Bruner Tract\Zoning PD\Revised PD Standards 110304.doc terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum lot depth, measured at midpoints on front and rear lot lines, of one hundred (100) feet; provided all other requirements of this section are fulfilled. All double frontage lots shall have a mini- mum depth of one hundred twenty(120) feet. f. Front Yard: • The minimum depth of the front yard setback shall be twenty(20) feet. g. Side Yard: • The minimum side yard setback on each side of the lot shall be five (5) feet. A side yard setback adjacent to a street shall be a minimum of fifteen (15) feet. h. Rear Yard: • The minimum depth of the rear yard setback shall be twenty(20) feet. Double frontage lots shall have a minimum rear yard depth of 25 feet, or 20 feet if adjacent to an alley. i. Maximum Building Height: • Buildings shall be a maximum of two and one-half(21/2) stories, or thirty six (36) feet. Single Family—Patio Home District (PH): The lots in Tracts designated as PH are to be developed in accordance with the following devel- opment standards: a. Minimum Dwelling Size: • The minimum area of the main building shall be one thousand three hundred (1,300) square feet, exclusive of garages, breezeways and porticos. b. Lot Area: • The minimum area of any lot shall be four thousand (4,000) square feet. c. Lot Coverage: • In no case shall more than sixty(60)percent of the total lot area be covered by the com- bined area of the main buildings and accessory buildings. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determining maximum lot coverage. d. Lot Width: • The minimum width of any lot shall be forty(40) feet at the front building line. e. Lot Depth: • The minimum depth of any lot shall be one hundred (100) feet, except that a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum lot depth, measured at midpoints on front and rear lot lines, of ninety(90) feet; provided all other requirements of this section are fulfilled . Double frontage lots shall have a minimum depth of one hundred (100) feet. f. Front Yard: • The minimum depth of the front yard setback shall be fifteen (15) feet. g. Side Yard: 5 G:\PROJECTS\Wylie\Bruner Tract\Zoning PD\Revised PD Standards 110304.doc • Side yard setbacks shall be zero (0) feet to three (3) feet on one side (the zero side), and seven (7) feet to ten (10) feet on the opposite side. A minimum separation of ten (10) feet is required between structures. A side yard setback adjacent to a street shall be a mini- mum of fifteen (15) feet. h. Rear Yard: • The minimum depth of the rear yard setback shall be twenty(20) feet. i. Maintenance Easement: • A maintenance easement, to provide access to an adjacent patio home, of not less than four(4) feet or more than seven (7) feet in width extending along the entire side lot line shall be established on each lot adjacent to a patio home lot. This easement shall be shown on the final plat. • The maintenance easement shall be maintained as an open space by the respective lot owner. The Building Official may approve fences and other construction at grade level, such as a deck not exceeding twelve (12) inches above grade, or paved surfaces in the maintenance easement provided that it does not impede the drainage or use of the ease- ment for the maintenance of the adjoining structure. j. Maximum Building Height: • Buildings shall be a maximum of two and one-half(2%2) stories, or thirty six (36) feet. 2.08 Single Family—Townhouse District(TH): The lots in Tracts designated as TH are to be developed in accordance with the development standards as defined in Article 3 - Residential District Regulations, Section 3.3 Village Residen- tial Districts, B. Townhouse District (TH), Figure 3-7 - Townhouse District (TH) in the Zoning Ordinance of the City of Wylie with the following revisions: Yard Requirements - Main Structures: • Rear Yard - 20 feet • Rear Yard Double Front Lots - 25 feet 4.0 PLANNED DEVELOPMENT DISTRICT - VILLAGE CENTER NONRESIDENTIAL DISTRICT AND BUSINESS DISTRICT Community Retail (CR) 4.01 General Description: The commercial tract within this Planned Development District located within the proximity of the residential land uses is intended to accommodate the development of office, retail and com- mercial service-related uses for the neighborhood residents. 4.02 Permitted Uses: Land uses permitted within nonresidential areas, indicated as Tract CR as shown on Exhibit "D" 6 G:\PROJECTS\Wylie\Bruner Tract\Zoning PD\Revised PD Standards 110304.doc Conceptual Plan, shall include those uses allowed in Article 5 Use Regulations, Section 5.1 Land Use Charts, Figure 5-3 Land Use Tables,Non-Residential Districts, Village Center, Community Retail (CR) and Section 5.2 Listed Uses as defined in the Zoning Ordinance of the City of Wylie. 4.03 Community Retail District(CR): The Tract designated as CR is to be developed in accordance with the development standards as defined in Article 4 -Nonresidential District Regulations, Section 4.1 Village Center Nonresi- dential Districts, B. Community Retail (CR), Figure 4-2 - Community Retail District (CR) in the Zoning Ordinance of the City of Wylie. 4.04 Nonresidential Design Standards: Section 4.4 Nonresidential District Regulations shall apply to the commercial development within the Planned Development District in the Community Retail (CR) classification with the following revisions: a. Figure 4-6 Site Design Requirements: • The total number of land design points required in this category for buildings 20,000 square feet and under shall be 30 Points. b. Figure 4-7 Landscaping Point Requirements: • Landscaping in Required Yards for buildings less than 20,000 square feet shall be 15% of the site. • The total number of landscaping points required in this category for any commercial building shall be 25. 4.05 Parking Design Requirements: The parking design requirements for the width of aisles or lanes in parking lots are as fol- lows: • A one-way aisle shall be a minimum of 20 feet wide. • A two-way aisle shall be a minimum of 24 feet wide. 5.0 PLANNED DEVELOPMENT - GENERAL CONDITIONS 5.01 Conformance to the Wylie Zoning Ordinance: Except as amended herein, this Planned Development District shall conform to any and all appli- cable articles and sections of the City of Wylie Zoning Ordinance dated February 27, 2002. 5.02 Procedures of the Planned Development District: The Zoning Exhibit, Conceptual Plan and Development are defined as follows: 7 G:\PROJECTS\Wylie\Bruner Tract\Zoning PD\Revised PD Standards 110304.doc a. Zoning Exhibit: • The legal description of the property is hereby attached as Exhibit "A". A Zoning Exhibit is hereby attached as Exhibit "C" and made a part of the approval for this Planned Devel- opment District b. Conceptual Plan: • The Conceptual Plan is hereby attached and made a part of the approved Planned Devel- opment District as Exhibit "D". c. Development Plan: • Prior to any development under this approved Planned Development District, a Develop- ment Plan for each phase must be submitted to the City of Wylie for approval. The De- velopment Plan shall suffice as the Preliminary Plat for the residential single family tracts or districts. The Development Plan shall suffice as the site plan for nonresidential tracts or districts. The Development Plan shall be approved by the Planning and Zoning Com- mission and the City Council prior to the issuance of any building permit for construction. In the event of a conflict between these Development Standards and the Development Plan, the Development Standards shall apply. 5.03 General Compliance: Except as amended by these conditions, development of property within this Planned Develop- ment must comply with the requirements of all ordinances, rules and regulations of the City of Wylie as they presently exist as of the date that this ordinance is signed by the City of Wylie . 5.04 Street Requirements: The street shown on the attached Conceptual Plan as Creek Crossing Lane shall be developed as a Collector Type D with a 60-foot right-of-way with a pavement width of 37 feet back to back of curb. All residential streets shall be developed as Residential Type E with a right-of-way of 50 feet with a pavement width of 27 feet back to back of curb. The minimum centerline radius for a Collector Type D shall be 350 feet and a Residential Type E shall be 150 feet. 5.05 Alleys: Alleys will be provided in Tracts designated as SF-8.5, SF-7.2, SF-6.0, PH and TH. Lots adja- cent (back or side) to the perimeter of the boundary of the property, parks, open space, flood plain or Creek Crossing Lane are not required to be developed with alleys. The use of private streets or fire lanes shall meet the requirements for alleys in Tracts designated as PH and TH. The right-of-way width of an alley may be reduced to fifteen (15) feet when there is a five (5) foot wide utility easement in the rear or side yard of a lot adjacent to an alley. 8 G:\PROJECTS\Wylie\Bruner Tract\Zoning PD\Revised PD Standards 1 10304.doc 5.06 Hiking and Jogging Trails: The eight foot (8')wide trail shown as Trail System 1 located in Tract A as shown on the at- tached Conceptual Plan shall be an extension of the Muddy Creek Trail. A six foot (6') wide trail shall be constructed in Tract B and Tract C as shown on the attached Conceptual Plan as Trail System 2. The trail shall extend from the Muddy Creek Trail to the northeast property line of Tract C. A six foot (6') wide trail shall be constructed in Tract D and Tract E as shown on the attached Conceptual Plan as Trail System 3. A four foot (4') wide trail shall be constructed in the landscape buffer shown adjacent to Sachse/Ballard Road. A six foot (6') wide trail shall be constructed on one (1) side of Creek Crossing Lane from Pleas- ant Valley Road to Sachse/Ballard Road as shown on the attached Conceptual Plan as Trail Sys- tem 4. The construction of this trail shall be lieu of sidewalks on both sides of Creek Crossing Lane. In order to provide for a meandering trail, the pavement in Creek Crossing Lane shall be allowed to be offset a maximum of five feet (5') from the center of the right-of-way allowing for additional parkway on the side of the trail. 5.07 Park Dedication: The land shown as Tract A, Tract B and Tract C as shown on the attached Conceptual Plan shall be offered for dedication to the City of Wylie as park land. This offer of dedication of this land and the installation of the trail systems within these tracts shall meet the park dedication re- quirements for the City of Wylie. In the event the City of Wylie does not accept the dedication of the land and trail systems, the land shall be deeded to the homeowner's association for the development, however a twenty foot (20') wide easement for Trail Systems 1 and 2 shall be dedicated to the City of Wylie for public use as an integral part of the park trail system. 5.08 Detention: Detention will not be required if the storm water runoff from this property, or any portion thereof, is discharged into Muddy Creek or its tributaries. 6.0 PLANNED DEVELOPMENT DISTRICT - RESIDENTIAL DISTRICT REGULATIONS 9 G:\PROJECTS\Wylie\Bruner Tract\Zoning PD\Revised PD Standards 110304.doc 6.01 Suburban Residential District Section 3.4 Residential Design Standards of the Residential District Regulations shall apply to all of the lots designated as SF-10.0 within this Planned Development District, as referenced in the Suburban Residential District classification of the Zoning Ordinance of the City of Wylie with the following revisions: a. Figure 3-13 Suburban Residential District (SF-30/24, SF-20/22, SF-10/19)Requirements: A. Suburban Land Design Requirements—45 Design Points Required • The park dedication in accordance with Section 5.07 above and the installation of Trail Systems 1 and 2 in accordance with Section 5.06 above shall meet the requirements of this Section A. C. Street and Sidewalk Requirements— 55 Design Points Required • Entry Features and Medians: Landscaped entry features and medians for the entrance of the residential subdivision located in an eighty foot (80') right-of-way having a length of the lesser of(i) two hundred feet (200') or(ii) extended to the first intersecting residential street, shall qualify for 15 points. • Location of Required Alleys: A subdivision layout having no alleys adjacent to collector and residential streets shall qualify for 20 points. • Screening of Residential Units Backing onto Major Thoroughfares: Residential units backing to the landscape buffer adjacent to Sachse/Ballard Road and a maximum of 25% of the units adjacent to Creek Crossing Lane backing to this collector shall qualify for 20 points. D. Architectural Requirements—30 Points Required • Exterior Facade Material: The use of a minimum of 70%masonry(brick or stone) and the remainder of masonry composite material (i.e. hardie siding) shall qualify as 100%masonry. Natural wood products limited to no more than 5% of the exterior facade may be used for architectural accent. • Chimneys: Brick on chimneys located on the exterior of a residence and the use of masonry compos- ite materials (i.e. hardie siding materials) on chimneys located of the interior of any resi- dence shall qualify for 5 points. • Roof Materials: Requiring roof material to be the same color shingle for all residences shall qualify for 20 10 G:\PROJECTS\Wylie\Bruner Tract\Zoning PD\Revised PD Standards 110304.doc points. Architectural grade overlap shingles shall qualify for an additional 5 points. 6.02 Village Residential District Section 3.4 Residential Design Standards of the Residential District Regulations shall apply to all of the lots designated as SF-8.5, SF-7.2, SF-6.0, PH and TH within this Planned Development District, as referenced in the Village Center District classification of the Zoning Ordinance of the City of Wylie with the following revisions: a. Figure 3-14 Village Residential District (SF-8.5/17, TH, MF, MH) Requirements: A. Village Land Design Requirements - 30 Points Required: • The park dedication in accordance with Section 5.07 above and the installation of Trail Systems 1 and 2 in accordance with Section 5.06 above shall meet the requirements of this Section A. • C. Street and Sidewalk Requirements - 55 Design Points Required: • Entry Features and Medians: Landscaped entry features and medians for the entrance of the residential subdivision lo- cated in an eighty foot (80') right-of-way having a length of the lesser of(i) two hundred feet (200') or(ii) extended to the first intersecting residential street, shall qualify for 15 points. • Location of Required Alleys: A subdivision layout having no alleys adjacent to collector and residential streets shall qualify for 20 points. • Screening of Residential Units Backing onto Major Thoroughfares: Residential units backing to the landscape buffer adjacent to Sachse/Ballard Road and a maximum of 25% of the units adjacent to Creek Crossing Lane backing to this collector shall qualify for 20 points. • Village Residential Street Trees: Residential lots shall have a minimum of 1 tree per lot planted in the front yard of each lot and shall qualify for 20 points. It is the intent to have the trees evenly spaced within any given block length as well as their location in relationship to the front property line. The flexibility of offsetting or staggering trees along the street shall be an option for con- sideration in achieving a pleasing streetscape. The trees shall have a minimum caliper of 3 inches as measured 12 inches above the ground at the time of planting. Tree spacing will take into consideration the width of the lot and the location of driveways. D. Architectural Requirements—40 Points Required • Exterior Facade Material: The use of a minimum of 70% masonry(brick or stone) and the remainder of masonry 11 G:\PROJECTS\Wylie\Bruner Tract\Zoning PD\Revised PD Standards 110304.doc composite material (i.e. hardie siding) shall qualify as 100%masonry. Natural wood products limited to no more than 5% of the exterior facade may be used for architectural accent. • Chimneys: Brick on chimneys located on the exterior of a residence and the use of masonry compos- ite materials (i.e. hardie siding materials) on chimneys located of the interior of any resi- dence shall qualify for 5 points. • Roof Materials: Requiring roof material to be the same color shingle for all residences within the Planned Development District shall qualify for 25 points. Architectural grade overlap shingles shall qualify for an additional 5 points. 12 G:\PROJECTS\Wylie\Bruner Tract\Zoning PD\Revised PD Standards 1 10304.doc C ,S GRAPHIC SCALE Lfi 4/ 600 0 300 600 1200 \\/ 0 _4 Y _ �I E'C `,_ V \ ( IN FEET ) o Y co ar 1 Inch - 600 ft. C � \ / SACHSE BALLARD ROAD x II \ RI,--- ___________,., RIGHT-OF-W(VA ABLE w10TH PUBLIC AY) LA / SINGLE FAMILY '-'` Y�'fA^r `)-T �0'Lr>DRGA7'E" 'eIWE"FAMILT --/��/ 1 I �._� (SF FO) -: ,'-/m' BMW AND ONCOR {BF-10) S;/�/ o /I ll --- .._ SO'LANDSCAPE ¢ 1.sS" CAS EASEMENT OPEN SPACE /7j/TwAor I." �/ n T i 1 /_J BOFFER AND ONCOR * z (OS) C .� GAS EASEMENT �±r SINGER FAMILY Y� ROAD R-O-� ,•a 1 3 ,sz� 'k „ (SF-e.a) r' ' (Roar) o `� / 1 o r ate'o f� o 1\ 1 / 1 a,' SINGLE FAMILY 6'" ho¢ U / \ `.4.-o / SINGLE FAMILY _O 11 ! (SF-8.6) /// (SF-8.5) m Ir o 4�o i1 �� /� fr 6 3 // 1 I o N44'S0'S3"E 649.17' OPEN SP�OE ' .,G.�,�.' . a 544'51 00 W 789.99 2 a �� %/ N74'15'12'W (OS) /'/ `545U9'00"E __ 776.00' 1 I e'wits 77GIL tP m 1 1 v w SYSTEM 4 C1 2I4 42 N44 V 1110744'48"E '' N445100 E 192331f 2 g W'^ B0 a u Q • '�' N365708 E 131.'90 ,... '"4^ 5^' v„ � �(�-�OAj�Y CRES LEGEND I' N32 7'12 W # `..Y '£Y'.,c'..,,. ",,.'t' , J / 204.37 '- ._, ...,y "^`-• � '. 7011NE01138 //// ''I _ - TRAIL SYSTEM 1 -� a7.8o' ~+- /J/�/ SINGLE p n - - FL00DPLAIN LIMITS / Nia'12'48"E - 'AR#1AaA a' ``."`4 \�.-%*1 IDB- //J 'FAMILY / 73260' .9Q�DOBLgABMc _ �" _ • SY31'IDI E�' /!/ (9P-10) I SINGLE FAMILY (SF-10) No7'Ss1 2'6 a "- . -=z�� -- �/� SINGLE FAMILY SF-0.5 f 18790' --_ ��oPE " __ : / /i/ TOWNHOUSE( _ _ ( ) o j N373s'72'w '1 IrLdrat �� - •: 08) _ ';�_- // 0p f 1 70020" +~-_ i� _r�y O ENT TO THE E ;� 54452'25'w 7006.54' SINGLE FAMILY (SF-7.2) ' 544'52'25 W 2 4.S/ ,// �� `F• SINGLE FAMILY (SF-6.0) (Uj P ' �// OPEN SPACE _ s4 PATIO HOME (PH) fine kg _ _ \ �1 pL�,l _ /% a (�) I I TOWNHOUSE (TH) pp�� `J __ %/I o �,. I, ..,�1 COMMUNITY RETAIL(CR) 0 :.j� F � \ _ ROAD RIGHT-OF-WAY (ROW) `" } `�- OPEN SPACE (OS) o p �. \ - x I I '1 FLOODPLAIN (FP) Q O n \ n 5 1 d x x 1 h , �z ,� W \ EXHIBIT "D" �, . „ I CONCEPTUAL PLAN o .x ' � WOODBRIDGE " S45'49'25'W 7792I 544'51'10'W 1883.41' SOUTH O Y Q = �D ////543'32'25'w 1100.50' Y o 0 545'38'25'W //// PLEASANT VALLEY ROAD CITY OF WYLIE, COLLIN COUNTY, TEXAS N n Y y, `o x 61.93' ;�// (VARIABLE 010TH PUBLIC RIGHT-OF-WAY) OWNER-DEVELOPER Q 7, n° z '3, WYLIE-FB,LTD. " a N GROVES FAMILY PARTNERSHIP o y o 0 „ .o x C/O HERZOG DEVELOPMENT CORPORATION In o o / -5 2 ",„, 9696 SKILLMAN ST.,SUITE 210 i-,°, DALLAS,TEXAS 75243 SHEET >> 3 214-348-1300 1 i x CONTACT:DON HERZOG 6 OF 1 41 x CITY OF WYLIE Item No Work Session City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: January 25, 2005 Other: Department: Planning Prepared By: Claude Thompson Date Prepared: January 14, 2005 Exhibits: 3 AGENDA SUBJECT: Hold a joint work session with the Planning and Zoning Commission to consider and provide direction on a proposal by Skorburg Company for the 185 acre Braddock Place/Rice Tract RECOMMENDED ACTION: Provide direction to staff and applicant concerning the proposal. SUMMARY: Owner/Applicant— Skorburg Company The subject property totals 185 acres,and was annexed September 28, 2004. Similar requests were denied by the City Council in September and withdrawn by the applicant in December of 2004. The Planning and Zoning Commission had recommended approval of both previous requests. The applicant has requested the work session in order to obtain additional direction concerning a modified proposal detailed below. Comprehensive Plan— • Recommends 72% Suburban Residential (minimum 10K lots) and 28% Country Residential (lac lots). Requested residential density does not comply with the Comprehensive Plan. • Eliminates 0.4 ac NS (zoned such since 1985), complying with proposed revisions to Comp Plan. APPROVED BY: Initial Date Department Director: CT \ 01-14-05 City Manager: /14dt \ i_,cy_ 1 AGENDA SUBJECT: Hold a joint work session with the Planning and Zoning Commission to consider and provide direction on a proposal by Skorburg Company for the 185 acre Braddock Place/Rice Tract. SUMMARY: (Continued) Planned Development zoning is not justified, and the applicant has not demonstrated why development cannot be accomplished through standard zoning districts. The request offers limited innovations other than reduction of adopted plan and code requirements, and the property offers no constraints and is of sufficient size and flexibility to efficiently accommodate the development recommended by the Comp Plan. Proposed Conditions of PD- • maximum Single Family lots, 450 w/park and school to 600 w/o park and school (proposed density+/- 3.9 to 5.1 d.u./ac., compared to 2.5 recommended by Comp Plan) • minimum lot size of 8,500 s.f. w/60% larger than 10,000 s.f. and 10%larger than 12,00 s.f. • Modified dimensional requirements - Type A lots -minimum dwelling size 2,400 s.f. on 10K& 12K lots, 70% of total (compared to 27%+1 ac. and 73% average of 20K by Comp Plan) - lot width 70 ft. (compared to 75 for SF10& 100 for SF20 - reduced side and rear yard - Type B lots-minimum dwelling size 2,400 s.f. on 50%, 2,300 s.f. & 2,200 s.f. on 50% (compared to 1,700 s.f. for 8,500, 1,900 s.f. for 10K& 2,100 s.f. for 20K) - 70 ft. lot width(compared to 75 ft.) -reduced front, side and rear yard setbacks • Development requirements same as ZO, except - no garage doors facing front street, except for 2&1 s where the single door may face the street - landscaped berm w/rail fence to replace perimeter solid masonry wall • No alleys required-but no garages shall face front street, all other functions (access, utilities, drainage) are handled by other means, and alleys are not appropriate adjacent to thoroughfare, open space and existing rural residential without alleys. • Realigns Elm Drive as a 60 ft. R-O-W Secondary Collector street. • Transitional buffer against existing residences, to SW to be a min. 10K backing lots w/2,400 s.f dwellings, and to N to be min. 12,000 s.f backing lots w/2,400 s.f dwellings and tree buffer. • Tree preservation- save 25% of riparian trees 8 in. or larger, and all hardwoods 8 in. or larger w/in 3 ft. of perimeter property line. • HOA to own and maintain street medians, green belts and common areas. Proposed park land totals 27.2 acres, and the required dedication is between 23 acres(if 430 lots are platted) and 30 acres (for the allowed maximum 600 lots). WISD is negotiating an 11-acre elementary school site w/in the subject property. Boundary discrepancy at Vinson Road must be reconciled at platting. Financial Considerations-estimated annual at current levels • Revenues, +/- $479,555 to $625,500 property tax • Expenses, +/- $40,500 maintenance of park(street and utility maintenance by CIP) JAN-14-2005(FRI) 06:46 Skorburg Company (FAX)214 522 7244 P. 002/002 Skorbit%Company 3838 Oak Lawn Ave..Ste, 1212 Dalla%.TX 75219 21,1/522-4945 Fax: 214/522-7244 SKORB RC January 13,2005 c o M r A M Y 11.111111111 Ms. Carole Ehrlich City Secretary 2000 HWY 78#202 Wylie,TX 75098 Re: City Council Work Session January 25,2005 Dear Ms. Ehrlich: Please accept this letter as the request to be on the work session at the end of this month. We will submit a revised PD and associated exhibits to your office Friday morning. Please call with any questions. Cordially yours, R Betz Development Partner INI'Ok+ln'niNutaNc:ll[nlr.ERiA•Im-t:Rif'.gFUAPI kMIT IStill'GUARANI LED PI US ANTI M1StIPR.RTPOIAN INt'IUuCtru:FLTIiiNS,LIRHtIC:AVDokll7dmt:.I'RtontiAIJNORWTTIaD1LAWAL KILT NOTICE Exhibit "B" CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT Braddock Place Zoning Case#2004-19 Planned Development Requirements: I. Statement of Purpose: The purpose of this Planned Development District is to permit the development of BRADDOCK PLACE. II. Statement of Effect: This Planned Development shall not effect any regulation found in the Comprehensive Zoning Ordinance as adopted and amended, except as specifically provided herein; III. General Regulations: All regulations providing for a Village Center District as set forth in Section 3.3 Village Residential Districts of the current Comprehensive Zoning Ordinance are included by reference and shall apply, except as otherwise specified under the special provisions hereunder. The conditions contained herein and the conditions of the current Comprehensive Zoning Ordinance, which are not amended by this Planned Development, shall constitute all the zoning requirements applicable to this Planned Development. Concept Plan: Development shall be in conformance with the Concept Plan attached herewith; however, in the event of conflict between the Concept Plan and the written conditions of this ordinance, the written conditions shall apply. Subsequent Submittals: A Development Plan shall be submitted for public hearing review and approval of the Planning and Zoning Commission and City Council. The Development Plan shall conform to the approved Concept Plan and conditions of the Planned Development, and shall serve as the Preliminary Plat. IV. Specific Regulations: i. General Residential Regulations 1. Density: The maximum number of Single Family Dwelling units permitted in this Planned Development shall not exceed 600 S.F. Units. In the event the Parks Department accepts the proposed Park and Linear Trail depicted on the Zoning Exhibit the maximum number of units shall be reduced to500 units. In the event Wylie ISD elects to construct a school on the proposed school site depicted on the Zoning Exhibit, the maximum number of units shall be reduced to 560 units. In the event the school and park are both developed according to the Zoning Exhibit, the maximum number of units shall be 540460.607 2. Lot Mix: A minimum of 10% of the Single Family Lots will be in excess of 12,000 sf. A minimum of 4560% of the Single Family Lots will be 10,000 sf or greater. No Single Family lot shall be less than g7,500. For the purposes of determining these percentages, all calculations shall be on a cumulative basis. 3. Alleys shall not be required as part of this Planned Development. However, no garages shall face the street in front of each Single Family Lot. This can be accomplished either through swing driveways or alleys. However, when three car garages are constructed on a lot and a "2&1" configuration is used, the single car door may face the street. Garages may face the street on a corner lot side yard. 4. Distribution of the Single Family Dwelling Unit types shall be distributed within the development as shown on the Development Plan/Preliminary Plat submitted with each phase. 5. The minimum house size for a residence in Braddock Place shall exceed 2,400 sf for the entire development. ii. Single Family 1. Lot Area: The minimum permitted lot areas are: a. Lot Type"A": 10,000 s.f. b. Lot Type`B": 87,500 s.f. 2. Lot Width: The minimum permitted lot widths (measured at the building line) are: a. Lot Type"A": 70 feet b. Lot Type`B": 65 feet 3. Lot Width of Corner Lots: The minimum lot widths of corner lots (measured at the building line) are: a. Lot Type "A": 75 feet b. Lot Type`B": 70 feet 4. Lot Depth: The minimum permitted lot depths are: a. Lot Type"A": 100 feet b. Lot Type`B": 100 feet 5. Lot Depth in Double Front Lots: The minimum permitted lot depths on double front lots are: a. Lot Type "A": 120 feet b. Lot Type `B": 120 feet 6. Minimum Dwelling Unit Square Frontage: The minimum permitted square footages are: a. Lot Type "A": 2,400 s.f. b. Lot Type`B":_ 50% of the Type B Lots 2,400 s.f. 25% of the Type B Lots 2,300 s.f. 25% of the Type B Lots 2,200 sf 7. Main Structure Front Yard: The minimum Front Yard Setbacks are: a. Lot Type "A": 25 feet b. Lot Type `B": 20 feet 8. Main Structure Side Yard: The minimum permitted side yards (measured at the building line) are: a. Lot Type "A": 10%lot width b. Lot Type `B": 10% lot width 9. Main Structure Side yard on Corner Lot: The minimum permitted side yard setbacks adjacent to a street are: a. Lot Type "A": 15 feet b. Lot Type `B": 15 feet 10. Main Structure Rear Yard: The minimum permitted rear yards shall be the lesser of: a. Lot Type"A": 20 feet b. Lot Type `B": 20 feet 11. Main Structure Rear Yard on Double Front Lots: The minimum permitted rear yards on double front lots are: a. Lot Type "A": 30 feet b. Lot Type `B": 30 feet 12. Main Structure Height: The maximum building height of any residential main structure shall not exceed 36 feet on all lot types. 13. Permitted uses: Permitted in all Single Family Residential Districts shall include the uses specified in the SF 8.5/17 District, except that Property. 14. Accessory Structure Front Yard: Accessory structures shall be located behind the building line of the main structure for all lot types. 15. Accessory Structure Side Yard: The minimum permitted side yard for accessory structures shall be 5 feet for all lot types. 16. Accessory Structure Rear Yard: The minimum permitted rear yard for accessory structures shall be 10%of the lot depth for all lot types. 17. Accessory Structure Rear Yard on Double Front Lots: The minimum permitted rear yard for accessory structures on double front lots shall be 25 feet for all lot types. 18. Accessory Structure Side Yard on Corner Lots: The minimum accessory structure side yards on corner lots are 10 feet for all lots. 19. Accessory Structure Minimum Distance from Main Building: The minimum separation between the main building and an accessory building shall be 5 feet for all lot types. 20. Accessory Structures Building Area: The maximum cumulative building size for accessory structures on any lot shall not exceed a 600 s.f. maximum. This does not limit amenity centers that are part of a single family development. 21. Accessory Structure Height: The maximum building height of any accessory structure shall not exceed a maximum height of 36 feet or 2 stories on all lot types. V. Single Family Base and Desirable Requirements of the Village Residential District (Figure 3-14) shall apply fully to all phases of the Planned Development. 1.A landscaped berm and split rail fence shall be allowed along FM 544 in place of the required masonry screening wall. The berm shall be planted with a combination of hardwood and evergreen trees, irrigated by an underground system, and grassed with Bermuda, buffalo, or a rye/Bermuda mix. All open space areas will be maintained by the HOA. VI. Common Area Platting: All street medians, green belts and common areas not dedicated to the City must be maintained by the HOA, and shall be clearly delineated as such and the acreage shown for each common area on the final subdivision plat. VII. Tree Preservation: Toward the goal of preserving as many existing trees (8 in. caliper or larger) possible, a tree management plan provided by the owner as preserves at least 25% of the riparian tree cover shall be approved by the director of planning prior to commencement of an grading or infrastructure or improvements within the area of this Planned Development. VIII. Landscape Zone: In an effort to preserve the agricultural heritage of the Rice farm, as indicated by the existing fence line trees, the developer shall preserve all hardwood trees with a caliper of 8 inches or greater located within an edge zone that extends 3 feet from perimeter property line. IX. Screening and Landscape: A screening and landscape berm with split rail fence shall be provided along FM 544 in lieu of the brick screening wall . The berm shall have a sculpted, undulating form. A conceptual landscape plan to be provided with the Preliminary Plat. X. Transition Zone: In an effort to make a land use transition from the existing homes in the Twin Creek Ranch Subdivision, the developer shall establish an edge, one lot deep, of lots along the south western property line of this development that have a minimum lot size of 10,000 square foot and a minimum house size of 2,400 sf. In an effort to make a land use transition from the existing Pulliam residence north of the Property, the developer shall: (1)Establish an edge, one lot deep, of lots along the northern property line of this development that have a minimum lot size of 12,000 square foot and a minimum house size of 2,400 sf. and (2) Create a thirty foot (30') landscape buffer between the Pulliam property and Braddock Place that will be planted with evergreen trees thirty feet (30') on center along the edge of the property. XI. Homeowners Association: Prior to the issuance of a certificate of occupancy for any dwelling unit, a set of bylaws and/or other restrictive and appropriate covenants and/or homeowner's agreement as approved by the City Attorney and duly recorded in the Deed Records of Collin County, to establish and maintain a Homeowner's Association for the ownership and maintenance of all non- dedicated common areas and improvements within the Planned Development District, shall be filed with the Building Inspections Department. XII. Amenity Centers: The developer will construct two an amenity centers in the Subdivision. Each The amenity center will feature a pool, playground, and cabana. These amenity centers will be for the residents of Braddock Place only and be maintained by the HOA. XIII. The Developer of the Braddock Place has met with the Wylie Independent School District and discussed the following terms for an elementary school site in Braddock Place: i. A mutually agreeable site within Braddock Place. ii. The exact size, location, and circulation pattern shall be shown on the Development Plan submittal for that portion of the Planned Development. E11 35' MIN. �i/-! SPLIT RAIL _ FENCE 'k/ „y / j SLOPE I 4'-5' i, i SUBJECT 4' / 1 1 /PR TY ,, �t 4� • BERM DETAIL 30' OPEN SPACE WITH ii 1'1 .-' 111111, :if,-"t4S NTS CEDARS P 30' O.C. (OR OTHER EVERGREENS) • 1 VICINITY MAP JJ ! NTS T (z»i J/i,i� i i,,,e,/iili ,,,,/ ,,,,, I j I 1! 11 N 1 . 4 1 80' TYP (70' MINI 65' TYP (65' MIN) - -- -- � I1 ! — —E— — I! t & MhTER �I�i ! 20' 20' i T ;2 , !i� I -� �-7' OR (0% IO -+{ 6.5' OR 10% Io % IA II o'41 a! 5 —ii la- Ia I> I i'�j i I F- 1! POTENTIAL i I If !i ELEMENTARY i( IZO ! r SCHOOL SITE j' j i I } M } 11 1 1 25' FRONT I- I 20' FRONT I- r ----1 ii i ` 1 I TYPE A TYPE B i_ 1" r i i TYPICAL LOT DIMENSIONS - JUG-•''' I i ! NTS j I f P;-= I i I I ,,' 11 + A MINIMUM OF 60% OF THE TOTAL LOTS MUST 1 f ,, i 1 1! ! BE 10,000 SF, OR TYPE 'A' LOTS. ! , '' ! i! 1 �'' 1 • MAXIMUM HEIGHT . 36 FT -".1` i' , i i� iA.0 1� i--� i I I I j i / I i ! i I I I I I I I i 1 I I I l_1 Vi IJ i i 1 - I I I�.._�._r.._, i_, 1! i ------f--- i 1 • \ . \ ...- 0 0 ice/ t,`�. \`�'. ``\. i/• ,, /' ,/ , I I I O . , . .\,,,, , i i l.... /, / 411. , 0 ,.. i, , • . , 0, ,, / ,App N., N • COLLJN COUNTY Y ' '. i , , �� ' ' 1 1.` '�,. „. It- is 4 I. ALL COMMON AREAS, INCLUDING BERMS ALONG FM 544, ARE y T N. TO BE MAINTAINED BY HOA. /' 2. 10% OF THE TOTAL LOTS WITHIN THE SUBDIVISION SHALL BE '�. �� If ,N A MINIMUM OF 12,000 SF. / 3. MINIMUM LOT SIZES OF 12,000 SF SHALL BE REQUIRED ADJACENT y' / nY / TO THE 30' OPEN SPACE AT THE NORTH EDGE OF THE TRACT. i` __ y_..--.--0' I00' d00' 4. MINIMUM LOT SIZES OF 10,000 SF SHALL BE REQUIRED ALONG ' st_ THE SOUTHWESTERN PROPERTY LINE OF THE TRACT. SCALE: I' = 400' PREPARED FOR: PREPARED BY: BRAE/DOCK PLACE SKORBURG COMPANY KENNEDY CONSULTING, INC. ZONING EXHIBIT 3838 OAK LAWN AVE., SUITE 1212 808 S. COLLEGE ST., SUITE 300 '185.2 ACRE TRACT DALLAS, TX 75219 214-522-4945 MCKINNEY, TX 75069 972-542-1754 WYLIE, TEXAS CITY OF WYLIE Item No. 7 City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: January 25, 2005 Special Called Meeting Department: Planning Department Prepared By: Claude Thompson Date Prepared: January 5, 2005 Exhibits: 12 AGENDA SUBJECT: Hold a public hearing and consider a recommendation to the City Council concerning a change in zoning from Agriculture (A) to Planned Development District (PD) for single-family residential uses. ZC 2004-26. Applicant is requesting withdrawal of this request. RECOMMENDED ACTION: Planning and Zoning Commission voted 5 —0 on January 4, 2005,to accept withdrawal of the zoning request. SUMMARY: Owner—Birmingham Memorial Land Trust Applicant— Skorburg Company The applicant is requesting that this request be WITHDRAWN. However, because the request has been published and several neighboring property owners have responded, the Council's official acceptance of the withdrawal is appropriate. Property totals 63.76 acres, east of Cimarron Estates and west of CR 434/Bennett Road. Annexed July 24, 2001. Notification/Responses— Six (6) written responses opposed. Requires simple majority to approve. COW sewer, Eastfork water. WISD has expressed interest in this site for a high school campus. APPROVED BY: Initial Date Department Director: CT \ 1/13/05 City Manager: AGENDA SUBJECT: Hold a public hearing and consider a recommendation to the City Council concerning a change in zoning from Agriculture (A) to Planned Development District (PD) for single-family residential uses. ZC 2004-26. Applicant is requesting withdrawal of the subject property. SUMMARY: Planned Development zoning in not justified. No constraints of the property have been documented and request offers limited development innovations other than reduction of existing code requirements. Conditions of PD—compared to standard SF-20/21 zoning • 110 maximum Single Family lots with minimum lot size of 18, 000 s.f. and average of 20,000 s.f., or proposed density of 1.7 d.u./ac. (same as recommended by Comp Plan and standard SF-20) • 2,400 s.f minimum dwelling size (larger than 2,100 minimum of SF-20) • Modified dimensional requirements - 80 ft. lot width (narrower than 100 ft. of SF-20) - 35 ft. front yard setback(deeper than 30 ft. of SF-20) - 10 ft. side yard (narrower than 15 ft. of SF-20) • Land Design, Street and Architectural requirements same as ZO, except - no garage doors facing front street, except for 2&1 s where the single door may face the street(garages may open to front street in SF-20) - landscaped berm w/rail fence to replace perimeter solid masonry wall • No alleys required—but no garages to face front street except single of 2+1 configuration. Alleys are not appropriate, because all lots back onto either thoroughfare or existing development without alleys and all other functions of alleys (access, utilities, drainage) are handled by other means. • Internal minor streets to be Estate Residential section of 32 ft. pavement w/open surface drainage w/in 60 ft. r-o-w, and City Engineer recommends approval. PD proposes full right-of-way dedication only but no paving for 4-lane divided Lake Shore Drive Loop which bounds perimeter of property on two sides (developer is normally responsible for r-o-w and 2 lanes pavement, and Concept Plan illustrates only 25 ft. r-o-w), and City Engineer recommends denial of this stipulation and recommends requiring developer to build or finance thru escrow the full share of Lake Shore improvements. • Tree preservation— save 25% of riparian trees 8 in. or larger on the entire area and all hardwoods 8 in. or larger w/in 3 ft. of perimeter property line (ZO encourages preservation of all trees outside of development rights—rights-of-way, building pads, easements). • HOA to own and maintain street medians and common areas. • Park land dedication for 110 lots requires 5.5 ac. to be determined at future platting (code limits dedication to 5 ac. minimum). Financial Considerations—estimated annual at current levels • Revenues, +/- $116,676 property tax • Expenses, maintenance of streets and park currently unknown 2 9S Oak l.ami Ave., Stc. 1212 .Uas;TX 7..1213 :4/522-4945 • IN: 214/5224244 • • January 3,2004 SKOR}lt Pe Mr. Claude Thompson •Director of Planning City of Wylie 2000 HWY 78 Wylie,TX 75098 Re:ZC 2004-26 Lewis Property Dear Claude: Please accept this letter as the withdrawal of the request for zoning on the Lewis Property. Please call me with any questions. Cordially, Ryan Betz Development Partner • • ;JrJR:,fai;0.,f'.IMn-r_pSFtc»tFOURCi'`PS11AEif.P.i ,tiNOT CtIARAv;ft?is„ITV fi15,!arrc--m;9r+.r.KIP,PITrl fltrorrrt7r1t..[Y YXaVT.f*ru'cI, .Cr t.cf Ir.uwtorn::on+r.r.:i..:,,,,.:•.:.,:.•.: I1i I i is �w �E it, :4; CmTt) \T� p' 6.ARI fl 1 itL 1I1 * II FTTTI t IS COR' A" i 1111146 V 1111M10- '''.1,:--:r6 .(''':°,ivic :-'1, J k--1 1 _. 1 4 . 1 II -.------i- . „ , LI M IV 13.. Aar n141,_ ifl 11111118"24U ''''''.:: '''-'' '' ' ' ' R i uii ni .i umuium \'1\ (7.-1 ( I I—. 1_�, • i '� C�i1f aF ! V1A UdP6 i --1___LL 1 ,t- :__ _ i s _I (- -j -- MP Ill: NM bin /1--. '-' -1-1:-------T-1 L.r1-1 il..„-- :1-1'1-7 '21:Ll';`,,0 II71 w i , l ,I I � i lil1 1 tit I1i (I 1--i -.Ee \ 1,.q , , il 11 I /111111111, l� N F4 LOCATION MAP ZONING CASE #2004-26 Exhibit"B" CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT Lewis Property Zoning Case# Planned Development Requirements: I. Statement of Purpose: The purpose of this Planned Development District is to permit the development of LEWIS PROPERTY. II. Statement of Effect: This Planned Development shall not effect any regulation found in the Comprehensive Zoning Ordinance as adopted and amended, except as specifically provided herein; M. General Regulations: All regulations providing for a Suburban Residential District as set forth in Section 3.3 Suburban Residential District of the current Comprehensive Zoning Ordinance are included by reference and shall apply, except as otherwise specified under the special provisions hereunder. The conditions contained herein and the conditions of the current Comprehensive Zoning Ordinance, which are not amended by this Planned Development, shall constitute all the zoning requirements applicable to this Planned Development. Concept Plan: Development shall be in conformance with the Concept Plan attached herewith; however, in the event of conflict between the Concept Plan and the written conditions of this ordinance, the written conditions shall apply. The Concept Plan shall be submitted for public hearing review and approval of the Planning and Zoning Commission and City Council. The Concept Plan shall conform to the conditions of the Planned Development, and shall serve as the Preliminary Plat IV. Specific Regulations: i. General Residential Regulations 1. Density: The maximum number of Single Family Dwelling units permitted in this Planned Development shall not exceed 110 S.F. Units. 2. Lot Mix: The minimum lot size shall be in excess of 18,000 sf. The average lots size shall be 20,000 sf. 3. Alleys shall not be required as part of this Planned Development. However, no garages shall face the street in front of each Single Family Lot. This can be accomplished either through swing driveways or alleys. However, when three car garages are constructed on a lot and a "2&1" configuration is used, the single car door may face the street. Garages may face the street on a corner lot side yard. 4. Distribution of the Single Family Dwelling Unit types shall be distributed within the development as shown on the Development Plan/Preliminary Plat submitted with each phase. 5. The minimum house size for a residence in Lewis Property shall exceed 2,400 sf. for the entire development. ii. Single Family 1. Lot Area: The minimum permitted lot areas are: a. Lot Type"A": 18,000 s.f. 2. Lot Width: The minimum permitted lot widths (measured at the building line) are: a. Lot Type"A": 80 feet 3. Lot Width of Corner Lots: The minimum lot widths of corner lots (measured at the building line) are: a. Lot Type "A": 90 feet 4. Lot Depth: The minimum permitted lot depths are: a. Lot Type "A": 130 feet 5. Lot Depth in Double Front Lots: The minimum permitted lot depths on double front lots are: a. Lot Type"A": 150 feet 6. Minimum Dwelling Unit Square Frontage: The minimum permitted square footages are: a. Lot Type"A": 2,400 s.f. 7. Main Structure Front Yard: The minimum Front Yard Setbacks are: a. Lot Type"A": 35 feet 8. Main Structure Side Yard: The minimum permitted side yards (measured at the building line) are: a. Lot Type"A": 10 feet 9. Main Structure Side yard on Corner Lot: The minimum permitted side yard setbacks adjacent to a street are: a. Lot Type"A": 20 feet 10. Main Structure Rear Yard: The minimum permitted rear yards shall be the lesser of: a. Lot Type "A": 25 feet 11. Main Structure Rear Yard on Double Front Lots: The minimum permitted rear yards on double front lots are: a. Lot Type"A": 30 feet 12. Main Structure Height: The maximum building height of any residential main structure shall not exceed 36 feet on all lot types. 13. Permitted uses: Permitted in all Single Family Residential Districts shall include the uses specified in the SF 20/19 District, except that Day Care Facilities shall be allowed a permitted use without a Special Use Permit. A retirement home, nursing home, and assisted living facility shall be a permitted use without a Special Use Permit on the Property. 14. Accessory Structure Front Yard: Accessory structures shall be located behind the building line of the main structure for all lot types. 15. Accessory Structure Side Yard: The minimum permitted side yard for accessory structures shall be 5 feet for all lot types. 16. Accessory Structure Rear Yard: The minimum permitted rear yard for accessory structures shall be 10%of the lot depth for all lot types. 17. Accessory Structure Rear Yard on Double Front Lots: The minimum permitted rear yard for accessory structures on double front lots shall be 25 feet for all lot types. 18. Accessory Structure Side Yard on Corner Lots: The minimum accessory structure side yards on corner lots are 10 feet for all lots. 19. Accessory Structure Minimum Distance from Main Building: The minimum separation between the main building and an accessory building shall be 5 feet for all lot types. 20. Accessory Structures Building Area: The maximum cumulative building size for accessory structures on any lot shall not exceed a 600 s.f. maximum. This does not limit amenity centers that are part of a single family development. 21. Accessory Structure Height: The maximum building height of any accessory structure shall not exceed a maximum height of 36 feet or 2 stories on all lot types. V. Single Family Base and Desirable Requirements of the Suburban Residential District (Figure 3-13) shall apply fully to all phases of the Planned Development. 1.A landscaped berm and split rail fence shall be allowed in place of the required masonry screening wall. The berm shall be planted with a combination of hardwood and evergreen trees, irrigated by an underground system, and grassed with Bermuda, buffalo, or a rye/Bermuda mix. All open space areas will be maintained by the HOA. VI. Common Area Platting: All street medians, green belts and common areas not dedicated to the City must be maintained by the HOA, and shall be clearly delineated as such and the acreage shown for each common area on the final subdivision plat. VII. Tree Preservation: Toward the goal of preserving as many existing trees (8 in. caliper or larger) possible, a tree management plan provided by the owner as preserves at least 25% of the riparian tree cover shall be approved by the director of planning prior to commencement of an grading or infrastructure or improvements within the area of this Planned Development. VIII. Landscape Zone: In an effort to preserve the agricultural heritage of the land, as indicated by the existing fence line trees, the developer shall preserve all hardwood trees with a caliper of 8 inches or greater located within an edge zone that extends 3 feet from perimeter property line. IX. Screening and Landscape: A screening and landscape berm with split rail fence shall be provided in lieu of the required brick screening wall . The berm shall have a sculpted, undulating form. A landscape plan will be provided with the Final Plat. X. Streets: The internal streets of the Lewis Tract shall have a fity foot(50') right of way, but shall not require curb and gutter improvements typically associated with residential construction in Wylie. The standard paving section for the internal residential streets shall be as shown below. The ultimate right of way for County Road 434 (Bennett Road) shall be dedicated to the City. No paving improvements shall be made to Bennett Road. VAR. WIDTH 60' R.O.W. VAR. WIDTH ' U.&O.E. 32 �' U.60.E. � VAR. 2' VAR. 2 16' ' 16' 2' VAR. 2'. VAR. 1 6" PAR. I r ICROWN I \ '' ',' ,., I F F``_ `4c' ''` 6" THICK, 3600 PSI `4q r�` �7�1 ` CONCRETE W/ •3 d,1F� �r BARS • 16" O.C.E.W. .. i" THICK, LINE STAB. a y ' SUDGRADE x LWE PER CITY 8. GE�OTECH. SIDS. (4\___8" WATER `—SAN. SEWER (k—fRANCHISE UTILITIES ESTATE RESIDENTIAL PAVEMENT SECTION N.T.S. XI. Homeowners Association: Prior to the issuance of a certificate of occupancy for any dwelling unit, a set of bylaws and/or other restrictive and appropriate covenants and/or homeowner's agreement as approved by the City Attorney and duly recorded in the Deed Records of Collin County, to establish and maintain a Homeowner's Association for the ownership and maintenance of all non- dedicated common areas and improvements within the Planned Development District, shall be filed with the Building Inspections Department. 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"t -, — r '� s Y F '.to t � t Y nu �S.i ray K �., Trail '‘ a )a#'�e +'-;. . ir'tii',r ', Y v. t ) r .tl, a 111 x x • J. t h_ `4 L• e` c;<�t-„' ;)*k"kQ r J+ ct��r+r'" ,jZ / ,sr . j I I 1 3-1J [ .1 � ,y,1 1 r'r;1 `r A gA'x v ,s 4 a:� t s A N ' V t ' Y • y t �F 9:L Y"�,i�;�r :.,,if..,..,£ C `\ 1 1 I '; & .S 4a 11�� 'i, ,r r f ts,. * t • :: .-7 ` r l'tJ ,.5y • 11 k� r vY r " ti - as t y t "i'Y• �. � l • l• ,r ;�ti I I I , r va r1 7�rA 1 1 i II" , . ‘.:',.''';'.-: -.FJ.."'",.',':',':•-•",'":V.::• -, tb� d: 2- Y - 5 4 3a s vfi r, r 'rNr , v �• , t�<2h� �: k�pra y -... O 'Zit ti.-. {,' .fy,{r$3 )F a '- •7,'�pa.�"5,> • a� N cam; 1 5-F'_ �- } b`- t •4.,wf -• :# �S 7; ,,�R r,Au � �h}:'�yS )ry ef� Y . :.s� �' �4�i � i YTd -+ ata Je,E,,y.r ,. • r ` $' 2r*:lti;' .xgt%k.Rf >.'SC: ,.$-am-.:1 dt i>> if I .:'1•',,';'1 1 .::' 400 ZONING CASE #2004-26 NOTIFICATION REPORT APPLICANT: Ryan Betz of Skorburg Company APPLICATION FILE #2004-26 3838 Oak Lawn Dallas, Texas 75220 ® _ 0g X..=AC a.t t46T �� I # II BLK/ABST I LOT/TRACT I TAX I.D. # [ PROPERTY OWNER NAME 1 ADDRESS Applicant- Ryan Betz 3838 Oak Lawn Skorburg Company Dallas, Texas 75220 1 316 Capps Drive I Cimarron Est. II ie, Texas 75098 2 BIk A Lot 26 R-8143-00A-0260-1 Omar Lima Cimarron Est. II 314 Capps Drive 3 BIk A Lot 27 R-8143-00A-0270-1 Jennifer Swartz Wylie, Texas 75098 312 Capps Drive Cimarron Est. II , Texs 75098 4 BIk A Lot 28 R-8143-00A-0280-1 Jessica liigert Wylie,10 Capps a a s Drive Cimarron Est. II Wylie, Texas 75098 5 Blk A Lot 29 R-8143-00A-0290-1 Reynaldo Lopez 0e Capps Drive Cimarron Est. II , Texas 75098 6 BIk A Lot 30 R-8143-00A-0300-1 Cory Renfro 0 Capps Drive Cimarron Est. II Wylie, Texas 75098 7 BIk A Lot 31 R-8143-00A-0310-1 Bernice Wen/ 30 Capps s Drive Cimarron Est. II Wylie, Texas 75098 8 Blk A Lot 32 R-8143-00A-0320-1 Prescilla Barbosa 30 Capps s Drive Cimarron Est. II Wylie, Texas 75098 9 BIk A Lot 33 R-8143-00A-0330-1 Katie Brown 300 Capps Drive Cimarron Est. II Wylie, 75098 10 BIk A Lot 34 R-8143-00A-0340-1 Jaime Gonzalez 2936 ,Texas 5e 98 Cimarron Est. II Wylie, Texas 75098 Trail 11 Blk A Lot 35 R-8143-00A-0350-1 Carl Garrison 2937 Glendale Drive Cimarron Est. II ie, Texas 75098 yl 12 BIk A Lot 56 R-8143-00A-0560-1 Bette Rivera-Lemay W Palmdale Drive Cimarron Est, II 216 Texas X13 Blk A Lot 57 R-8143-00A-0570-1 Meredith Revier Wylie,214 Palmdales75098 Drive Cimarron Est. II Texas 14 BlkA Lot 58 R-8143-00A-0580-1 David Harris Wylie,212Palmdales75098 Drive Cimarron Est. IIWylie, Texas 75098 15 Blk A Lot 59 R-8143-00A-0590-1 Junaid Najamuddin 2 Drive Cimarron Est. II Wylie, Texas Palmdale Drive y 16 BIk A Lot 60 R-8143-00A-0600-1 Philip Johnson 28 Palmdale Drive 098 Cimarron Est. II Wylie, Texas X 17 BlkA Lot 61 R-8143-00A-0610-1 Linda Hodges 206 Palmdales75098 Drive Cimarron Est. II Wylie, Texas 75098 18 BIk A Lot 62 R-8143-00A-0620-1 Kevin Resinto 204 Palmdale Drive Cimarron Est. II Wylie, Texas 75098 19 Blk A Lot 63 R-8143-OOA-0630-1 Steven Skinner 2 Palmdale Drive Cimarron Est. II Wylie, Texas 75098 20 Blk A Lot 64 R-8143-00A-0640-1 Christopher Benner 2 Palmdales7098 Cimarron Est. II Wylie, Texas 75098 e 21 Blk A Lot 65 R-8143-00A-0650-1 Stevan Newbold 2936 iSheridan Lane Cimarron Est. II Wylie, Texas 75098 22 Blk C Lot 35 R-8143-00C-0350-1 Robert Knowles 2937iMontague 98 Cimarron Est. IIWylie, Texas 75098 Trail 23 Blk C Lot 36 R-8143-OOC-0360-1 Miguel Hurtado 2 Glendale Drive Cimarron Est. IIWylie, Texas 75098 24 Blk D Lot 35 R-8143-00D-0350-1 Vijaichand Sand 29 Jameatown Drive Cimarron Est. itWylie, Texas 75098 25 Blk D Lot 36 R-8143-00D-0360-1 Juan Gonzales 293 Jameatown Drive Cimarron Est. II Wylie, Texas 75098 26 Blk E Lot 20 R-8143-00E-0200-1 Troy Rowe 27 28 29 30 31 , 4 32 33 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2004-26. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-26. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,January 4,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,January 25,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: 11, l(e "— (please print) Address: L J i•7e , •-►-rEKI 0 6-41 p, o. Comic 49o ) 9s1 Soc I4 (.�7•�l�c , .74-0cir Signature: �- Date: © l /04L COMMENTS: bins. O 14'1 C d 4•z 6-4-4p!' O v&. •f r-c c S rz et, �- . __, /Is r- ezTJ 445 -f / C c , cs Ccn c( A fah Jc D-e' 4,141c dli 1 c'( D Peo`l eZ--I / • PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2004-26. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-26. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,January 4,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, January 25,2005,6:00 pm lie Texas Municipal Complex,2000 Highway 78 North,Wylie, Name: /(Oy RUL)�'_ (please print) Address: e) 3 g- )=t►►.-,f� }vti�►. C)r L),1J _ 7 SO`l ' Signature: Date: /l/ j L by COMMENTS: // �J 7 'i roQe1.5 ��tC�.aPJ�n Ft - Sc... C prOper4-y (Cy v I it— beiiie. !', '//le 41 I 71- LADL..11 Cre. je• , PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2004-26. X I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-26. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,January 4,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,January 25,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: 1r6k-0 111-1 pc,\ p (please print) O Address: al ,Ej T A L r v OA( E, 0 t o`l ( _ i e ,�/ ,�X d S g Signature: /« '( : 1 t roicALn Date: J I a00 `7 COMMENTS: .- _--0 S.-Q.-a. Ake.: Cef-xi of tf\ILit(i 7)-v4.Q.,(A/D -15 (-1- e-t,./r.v. fW)--irl. ICEAAA,(-4 kry-\ -ir.i.-p . 0.A.Q.A. 4/ A/0-c- .(i - -xt1 `,t-QA1 CAA„Ar4j 01 Q, - J.)--(A,(j A -CJ PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2004-26. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-26. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,January 4,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,January 25,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: L \-4 to 0\3\�S (please print) Address: Q.O S Signature: 0.CV Date: a` (a-Q I b COMMENTS:4 bouyd_ k,,o0L.0 -0-6,Prk•Cil• • 0/vV-(2-• Lu_c Cock .4-�-cid .��o kA/vu�.� Ct a1� % 1 , , i QUA ID- i. • , II • . ___. i PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2004-26. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-26. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,January 4,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,January 25,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: ' -\\i p S. --- 0\1 Qn (please print) ,j,, Address: D.10 1�p 1C*i\e -1304g Signature: —AU...04P ' 01(\.., Date: Ia- a 1- 014 COMMENTS: \r\onuA or et 1f .A-Vn‘l Rq s1-koildic bvi j 01) Ak-vo. a ) re:c Pt or A Cflai v,s0( > • Dec 21 04 09: 49a City Of Wylie Planning 972 442-8115 p. 7 PUBLIC COMMENT FORM (please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 ' I am FOR the r quested zoning as explained on the attached public notice for Zoning Case #2004-26. __\_/___ I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004 26. Date,Location&Time of Planning&Zoning Tuesday,January 4,2005,7:00 pm Commission meeting: Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of 2005 6:00 to Tuesday,January 25, p City Council meeting: Complex,2000 Highway 78 North,Wylie,Texas Name: ENE ' U S 1-L (please print) Address: "O i E R/N L T-T" • Signature: Date: a-/ ...2 o COMMENTS: LL 1-1-f E 2 • 0r-)L FZ S'I-l-ouL 7tVr:. LoP U u Ott in/ ,- - R F} 1-100 < . �.- t K L I-�L= E COP: U p i E c- E E> O 2 A I tV 7"/l rt l i 03 " E" O1 LI Dec 21 04 09: 49a City Of Wylie Planning 972 442-8115 p. 7 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case r 2004-26. \,.. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-26. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,January 4,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,January 25,2005,6:00 pm • Municipal Complex,2000 Highway 78 North,Wylie,Texas • Name: :. _ '�. 1 't -) (please print) ' Address: r ! 4 .t.; l 1 ( -�kThL Signature: ) Date: c) COMMENTS: • !./(' ) 1164 I 1 a-Pf0-C-M- Le /Li--Y) id.,k rt.. 1,/u-iLci 6 6t4 L;t. (- c_j_e_CttJe q3/fr a/bCee-j/ -60)(r) W I LIL4U)'6(Igit te a c&(-}-e c�� M ORDINANCE NO. 2005-06 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, FINDING THAT THE CURRENT RATES OF COSERV GAS LTD. ARE UNREASONABLE; APPROVING COSERV GAS LTD.'S REVISED AND UNCONTESTED TARIFFS; APPROVING A RATE PHASE-IN; AUTHORIZING CONTINUATION OF DEFERRAL OF CARRYING CHARGES ON PLANT HELD FOR FUTURE USE; RECOGNIZING COSERV'S RIGHT TO SURCHARGE FOR FACILITY RELOCATION REQUIRED BY THE CITY; SETTING THE EFFECTIVE DATE OF NEW TARIFFS AS FEBRUARY 1, 2005; FINDING CITIES' RATE CASE EXPENSES REASONABLE; SEVERING THE DETERMINATION OF THE REASONABLENESS OF COSERV GAS LTD.'S RATE CASE EXPENSE FROM APPROVAL OF THE REVISED TARIFFS; RETAINING JURISDICTION OVER THE DETERMINATION OF THE REASONABLENESS OF COSERV GAS LTD.'S RATE CASE EXPENSE ISSUE UNTIL MARCH 1, 2005; ADOPTING A BASE RATE CASE MORATORIUM; FINDING THAT ANY RELIEF REQUESTED BY COSERV GAS LTD. NOT SPECIFICALLY GRANTED HEREIN IS DENIED; ADOPTING A MOST FAVORED NATIONS PROVISION; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR NOTICE OF THIS ORDINANCE TO COSERV GAS LTD. WHEREAS, on or about August 25, 2004, CoSery Gas Ltd. ("CoServ" or "Company"), filed with the City of Wylie a Statement of Intent to change gas rates in all municipalities within the CoSery System effective October 1, 2004; and WHEREAS, the City has exclusive original jurisdiction to evaluate the Company's Statement of Intent as it pertains to the distribution facilities located within the City, pursuant to Texas Utilities Code §§ 102.001(b) and 103.001; and WHEREAS, the City suspended the effective date of CoServ's rate request until December 28, 2004 and CoSery extended the effective date of the rate increase by an additional thirty days for the City to investigate the Company's filing and to consider settlement of the request; and WHEREAS, failure to take action regarding CoServ's rate request by January 27, 2005, will cause CoServ's filed request to become effective for all CoSery customers within the municipal limits; WHEREAS, the City joined the Coalition of Cities Served by CoSery ("Cities"), a group of other cities similarly affected by CoServ's rate request to jointly hire counsel and an independent consultant to review CoServ's application; and Ordinance No. 2005-06 CoSery 1 WHEREAS, after consideration of the Company's filing and the report issued by Cities' expert, the City concludes that CoServ's current rates are unreasonable and should be changed; and WHEREAS, the Company and Cities have reached an agreement as to CoServ's filed request to increase rates conditioned upon final approval by Cities; and WHEREAS, the Company's requested increase in system-wide annual revenues of $1,165,525 is excessive, and the Company has agreed to an increase in system-wide revenue of $500,000, of which approximately $214,000 is associated with changes to the miscellaneous service charges; and WHEREAS, a condition to the settlement with CoSery is the City's recognition of the Company's right under Texas Utilities Code Section 104.112, independent of the tariffs approved herein, to surcharge facilities relocation charges within the city requiring relocation; and WHEREAS, a condition to the settlement with CoSery and the revised tariffs approved herein is the Company's commitment that it will not file a request with Cities for a rate increase that becomes effective prior to September 1, 2006; and WHEREAS, a condition to the settlement with CoSery is the phase in of the base rate increase approved and reflected by the attached tariffs so that the first ten percent of the rate increase will be implemented upon adoption of the revised tariffs and the remaining increase will be implemented in ten-percent increments on or after November 1, 2005 and the balance on or after August 1, 2006; and WHEREAS, Cities' rate case expenses incurred in this proceeding are reasonable and should be reimbursed by CoServ; and WHEREAS, the City is unable at this time to determine the reasonableness of the rate case expenses incurred by the Company; and WHEREAS, the City has reviewed the settlement agreement reached between the Company and the Coalition of Cities Served by CoSery and has determined that approval of the revised tariffs is in the best interest of the City and its residents, results in just and reasonable rates, and, therefore, should be approved by the City; and WHEREAS, since the Company filing is based upon system-wide standardized rates and tariffs, it would be inappropriate for any city or residents of any city to receive benefits not enjoyed by the entire system. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Ordinance No. 2005-06 CoSery 2 SECTION 1. That it is in the best interest of the City and its residents to adopt the revised residential, commercial and miscellaneous service charge tariffs attached hereto to this ordinance that reflect the settlement agreement reached between CoSery and the Coalition of Cities Served by CoServ. All other tariffs proposed in CoServ's Statement of Intent, except for rate schedule 9 (Rider RCE - rate case expenses) are adopted. SECTION 2. That the adoption of the revised tariffs provides for just and reasonable rates to be charged system-wide by the Company. SECTION 3. That the system-wide annual base revenue increase of $500,000 is to be phased in over an 18 month period to the extent any increase exceeds 10 percent. SECTION 4. That the effective date of the new tariffs is February 1, 2005. SECTION 5. That no specific rate base, return, revenue or cost adjustments or rate making methodologies are approved in reaching the revenue requirements settlement that leads to the rates and charges adopted by this ordinance, except that CoSery may continue to defer its carrying charges on plant held for future use. SECTION 6. That Cities' rate case expenses are reasonable and should be reimbursed by CoServ. SECTION 7. That the issue of the recovery of rate case expenses incurred by CoSery Gas be severed from consideration of the revised base rate tariffs and that the City retain jurisdiction over the rate expense reimbursement issue until March 1, 2005, subject to a second thirty-day extension of the City's jurisdiction by CoServ. SECTION 8. That CoSery may not file for a further increase in base rates that is intended to become effective prior to September 1, 2006. SECTION 9. That adoption of a most favored nations provision is reasonable and appropriate and that any concession granted to any city is, at the discretion of the City Council, to be implemented in the City. SECTION 10. That relief requested by CoSery not specifically addressed herein is denied. SECTION 11. That it is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. SECTION 12. That a copy of this ordinance, constituting final action on the CoSery application, be forwarded to the appropriate designated representative of the Company, Charles D. Harrell, Chief Financial Officer, CoSery Gas Ltd., 7701 South Stemmons, Corinth, Texas 76210-1842, within 10 days. Ordinance No. 2005-06 CoSery 3 DULY PASSED and approved by the City Council of the City of Wylie, Texas, on this the 25th day of January, 2005. APPROVED: John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Published in the Wylie News 12-22-04 Ordinance No. 2005-06 CoSery 4 Rate Schedule 5 RATE R- RESIDENTIAL SALES Applicable to: Entire System Page 1 of 2 Effective Date: February 1, 2005 Application of Schedule Schedule applies to all Residential Customers. Monthly Base Rate Customer's base monthly bill will be calculated using the following Customer and Ccf charges: Charge Amount Customer Charge $ 9.00 per month, plus Volumetric Charge: First 0 Ccf to 20 Ccf $.19437 per Ccf Next 50 Ccf $.14437 per Ccf All Additional Ccf $.09437 per Ccf Purchased Gas Factor In addition to the base monthly bill above, each customer's bill will include a Purchased Gas Factor to account for purchased gas costs and computed in accordance with CoSery Purchased Gas Factor Schedule No.2. Taxes In addition to the monthly charges above,each customer's bill will include a charge for an amount equivalent to the customer's proportional part of the city franchise fees,state gross receipts taxes, or other governmental levies payable by the Company, exclusive of federal income taxes. Municipal franchise fees are determined by each municipality's franchise ordinance. Each municipality's franchise ordinance will specify the percentage and applicability of franchise fees. From time to time,the tax factor may be adjusted,if required,to account for any over-or under- recovery of municipal franchise fees by the Company and to include an amount equivalent to the proportionate part of any new tax or increased franchise fee or tax, or any other governmental imposition,rental fee,or charge levied,assessed or imposed subsequent to the effective date of this tariff by any governmental authority,including districts,created under the laws of the State of Texas. The Company will also collect sales taxes where applicable. Ordinance No. 2005-06 CoSery 5 Rate Schedule 5 RATE R- RESIDENTIAL SALES Applicable to: Entire System Page 2 of 2 Effective Date: February 1, 2005 Surcharges In addition to the monthly charges above, each customer's bill will include an amount for surcharges calculated in accordance with the applicable rider(s). LINE EXTENSION POLICY The company has the right to contract with individual customers for the installation of gas facilities as provided for by the city franchise. Upon the request of a prospective new residential or commercial customer for service in an area served by CoSery Gas, CoSery Gas will extend its main lines up to 100 feet from an existing CoSery Gas main in the Public Rights of Way, without charge. The 100-foot allowance applies to a single customer or to a group of customers requesting service from the same extension. Customers requesting mainline extensions in excess of 100 feet shall bear the cost of any additional main, and shall bear the cost of all yard lines, service lines, customer meters and regulators, and appurtenant equipment, in accordance with the charges listed in item 12, Line Extension and Installation, of Rate M, Miscellaneous Service Charges. CoSery Gas is not required to extend its mains or facilities if the customer will not use gas for space heating and water heating, or the equivalent load, at a minimum. Ordinance No. 2005-06 CoSery 6 Rate Schedule 6 RATE C - COMMERCIAL SALES Applicable to: Entire System Page 1 of 2 Effective Date: February 1, 2005 Application of Schedule Schedule applies to all commercial customers. Monthly Base Rate Customer's base monthly bill will be calculated using the following Customer and Ccf charges: Charge Amount Customer Charge $15.50 per month, plus Volumetric Charge: First 0 Ccf to 300 Ccf $.24436 per Ccf Next 200 Ccf $.19436 per Ccf All Additional Ccf $.14436 per Ccf Purchased Gas Factor In addition to the base monthly bill above, each customer's bill will include a Purchased Gas Factor to account for purchased gas costs and computed in accordance with CoSery Purchased Gas Factor Schedule No.2. Taxes In addition to the monthly charges above,each customer's bill will include a charge for an amount equivalent to the customer's proportional part of the city franchise fees, state gross receipts taxes, or other governmental levies payable by the Company, exclusive of federal income taxes. Municipal franchise fees are determined by each municipality's franchise ordinance. Each municipality's franchise ordinance will specify the percentage and applicability of franchise fees. From time to time,the tax factor may be adjusted,if required,to account for any over-or under- recovery of municipal franchise fees by the Company and to include an amount equivalent to the proportionate part of any new tax or increased franchise fee or tax,or any other governmental imposition,rental fee,or charge levied,assessed or imposed subsequent to the effective date of this tariff by any governmental authority,including districts,created under the laws of the State of Texas. The Company will also collect sales taxes where applicable. Ordinance No. 2005-06 CoSery 7 Rate Schedule 6 RATE C - COMMERCIAL SALES Applicable to: Entire System Page 2 of 2 Effective Date: February 1, 2005 Surcharges In addition to the monthly charges above, each customer's bill will include an amount for surcharges calculated in accordance with the applicable rider(s). Line Extension Policy The company has the right to contract with individual customers for the installation of gas facilities as provided for by the city franchise. Upon the request of a prospective new residential or commercial customer for service in an area served by CoSery Gas, CoSery Gas will extend its main lines up to 100 feet from an existing CoSery Gas main in the Public Rights of Way, without charge. The 100-foot allowance applies to a single customer or to a group of customers requesting service from the same extension. Customers requesting mainline extensions in excess of 100 feet shall bear the cost of any additional main, and shall bear the cost of all yard lines, service lines, customer meters and regulators, and appurtenant equipment, in accordance with the charges listed in item 12, Line Extension and Installation, of Rate M, Miscellaneous Service Charges. CoSery Gas is not required to extend its mains or facilities if the customer will not use gas for space heating and water heating, or the equivalent load, at a minimum. Ordinance No. 2005-06 CoSery 8 Rate Schedule 10 RATE M—MISCELLANEOUS SERVICE CHARGES Applicable to: Entire System Page 1 of 2 Effective Date: February 1, 2005 Application The service charges listed below are in addition to any other charges under the Company's Tariff for Gas Service and will be applied for the condition described. Other services not covered by these standard conditions will be charged on the basis of an estimate for the job or the Company's actual cost plus appropriate surcharges. Applicable Charges Service Amount of Charge Name and Description Charge No. Connection Charge During Business Hours During standard business hours, for each reconnection of gas service where service has been discontinued at the same premises for any reason, for the initial inauguration of service, and for each inauguration of service when the billable party has changed, with 1 the following exceptions: $ 65.00 (a) For a builder who uses gas temporarily during construction or for display purposes. (b) Whenever gas service has been temporarily interrupted because of System outage or service work done by Company; or (c) For any reason deemed necessary for Company operations Connection Charge After Business Hours After standard business hours, for each reconnection of gas service where service has been discontinued at the same premises for any reason, for the initial inauguration of service, and for each inauguration of service when the billable party has changed, with 2 the following exceptions: $ 97.00 (a) For a builder who uses gas temporarily during construction or for display purposes. (b) Whenever gas service has been temporarily interrupted because of System outage or service work done by Company; or (c) For any reason deemed necessary for Company operations Field Read of Meter 3 A read for change charge when it is necessary for the Company to $ 19.00 read the meter at a currently served location because of a change in the billable party. Returned Check Charges 4 Returned check handling charge for each check returned to $ 20.00 Company for any reason. Ordinance#2004- Denial of CoSery Gas Rate Increase 9 Charge for Temporary Discontinuance of Service-Residential Whenever service has been temporarily disconnected at the request 5 of the customer, this charge plus the appropriate Connection Charge $ 65.00 will be made to reestablish such service for that customer at the same address. Charge for Temporary Discontinuance of Service—NonResidential Whenever service has been temporarily disconnected at the request 6 of the customer, this charge plus the appropriate Connection Charge $ 107.00 will be made to reestablish such service for that customer at the same address. Charge for Meter Testing The Company shall, upon request of a customer, make a test of the accuracy of the meter serving that customer. The Company shall inform the customer of the time and place of the test and permit the customer or his authorized representative to be present if the 7 customer so desires. If no such test has been performed within the $ 15.00 previous four (4) years for the same customer at the same location, the test shall be performed without charge. If such test has been performed for the same customer at the same location within the previous four (4) years, the Company will charge the Meter Test Fee. The customer must be properly informed of the result of any test on a meter that services him. Charge for Service Calls During Business Hours A Service Call Charge is made for responding to a service call 8 during standard business hours that is determined to be a customer $ 26.00 related problem rather than a Company or Company facilities problem. Charge for Service Calls After Business Hours 9 A Service Call Charge is made for responding to a service call after $ 40.00 standard business hours that is determined to be a customer related problem rather than a Company or Company facilities problem. Tampering Charge No Company Meters, equipment, or other property, whether on Customer's premises or elsewhere, are to be tampered with or interfered with for any reason. A Tampering Charge is made for unauthorized reconnection or other tampering with Company 10 metering facilities or a theft of gas service by a person on the $ 125.00 customer's premises or evidence by whomsoever at customer's premises. An additional cost for the cost of repairs and/or replacement of damaged facilities and the installation of protective facilities or relocation of meter are made at cost plus appropriate charges as may be detailed in the Company's Service Rules and Regulations Credit/Debit Card Payments Charge 11 Bill payments using credit cards, debit cards, and electronic checks Actual Cost (includes third-party transaction fees and administrative costs). Ordinance#2004- Denial of CoSery Gas Rate Increase 10 Rate Schedule 10 RATE M—MISCELLANEOUS SERVICE CHARGES Applicable to: Entire System Page 2 of 2 Effective Date: February 1, 2005 Line Extension and Installation Charges Extension and installation of new mains, service lines, risers, fittings and other appurtenant equipment pursuant to main 12 extension policy in municipal franchise. Credit for main pursuant Actual Cost to municipal franchise. The customer is responsible for the installation of yard line and yard line risers. 13 Construction Crew Charges Actual Cost All labor charges if a construction crew is required. 14 Construction Costs Charges Actual Cost All other construction charges. Ordinance#2004- Denial of CoSery Gas Rate Increase 11 CoSery Gas,Ltd. Settlement Impact on Customer Bills and Revenues Test Year Ended March 31,2004 I Total Net Annual Revenue-Settlement Proposed Gas Costs Proposed Existing Gas Costs Proposed $ Base Rates &Fr Taxes Total Based Rates &Fr Taxes Total Increase %Change Allen 661,441 1,441,251 2,102,691 725,146 1,441,251 2,166,397 (63,706) -2.9% Argyle 25,689 69,738 95,427 20,742 69,738 90,480 4,947 5.5% Bartonville 23,046 66,475 89,521 24,187 66,475 90,662 (1,141) -1.3% Castlehills 70,940 175,870 246,810 88,940 175,870 264,809 (17,999) -6.8% Corinth 9,603 17,008 26,612 5,533 17,008 22,541 4,071 18.1% Denton 288,091 559,896 847,987 193,027 559,896 752,923 95,064 12.6% Lantana 138,452 299,600 438,053 144,544 299,600 444,144 (6,091) -1.4% Double Oak 12,333 31,323 43,657 13,697 31,323 45,020 (1,363) -3.0% Fairview 69,207 152,472 221,679 84,502 152,472 236,974 (15,295) -6.5% Flower Mound 221,942 585,162 807,104 235,527 585,162 820,689 (13,585) -1.7% Ft.Worth 12,254 47,167 59,421 12,373 47,167 59,540 (120) -0.2% Frisco 1,701,791 3,979,884 5,681,675 1,504,652 3,979,884 5,484,535 197,139 3.6% Highland Village 24,320 55,720 80,040 25,054 55,720 80,774 (734) -0.9% Little Elm 350,136 595,638 945,774 348,286 595,638 943,925 1,849 0.2% Lucas 37,417 97,444 134,861 33,784 97,444 131,228 3,633 2.8% McKinney 544,586 1,047,112 1,591,698 501,991 1,047,112 1,549,103 42,595 2.7% Murphy 228,920 501,179 730,098 205,070 501,179 706,249 23,850 3.4% Parker 63,365 172,583 235,948 57,849 172,583 230,432 5,517 2.4% Piano 412,137 905,110 1,317,247 316,075 905,110 1,221,184 96,063 7.9% Ponder 3,842 6,037 9,879 3,240 6,037 9,277 602 6.5% Prosper 97,271 282,586 379,857 205,586 282,586 488,172 (108,315) -22.2% Shady Shores 217 496 713 150 496 646 67 10.3% The Colony 351,158 721,431 1,072,589 345,454 721,431 1,066,884 5,704 0.5% Wylie 338,082 625,035 963,117 297,929 625,035 922,964 40,153 4.4% Kaufman County 114,859 169,646 284,505 120,879 169,646 290,525 6,020 -2.1% 5,801,099 12,605,864 18,406,963 5,514,216 12,605,864 18,120,079 286,884 1.6% Page 3 of 3 CITY OF WYLIE Item No. 3 COUNCIL AGENDA ITEM City Secretary's Use Only MEETING FOR: Regular X Meeting of: January 25, 2005 Other: Department: City Manager Prepared By: Mindy Manson Date Prepared: January 17, 2005 Exhibits: Resolution AGENDA SUBJECT: Consider and act upon a resolution authorizing the City's intervention before the Railroad Commission of Texas in Gas Utilities Docket (GUD) No. 9530; authorizing participation with other cities served by Atmos Energy Corporation, formally know as TXU Gas Company, in administrative and court proceedings involving a gas cost prudence review related to a filing made in September of 2004 as required by the final order in GUD No. 8664; designating a representative of the City to serve on a steering committee; and requiring reimbursement of reasonable legal and consultant expenses. RECOMMENDED ACTION: Approval of Resolution SUMMARY: • Pursuant to Gas Utilities Docket No. 8664, dated November 25, 1997, Atmos/TXU Gas was ordered by the Railroad Commission of Texas to file a prudence review every three years to demonstrate that its gas costs are reasonable and necessary. • Atmos/TXU Gas made a filing at the Railroad Commission of Texas on or about September 24, 2004, now docketed as GUD No. 9530, for a gas cost prudence review of$2.2 billion in previously incurred and billed gas costs. Atmos completed its purchase of TXU's gas utility operations on October 1, 2004. • These costs are twice the cost of gas purchases included in TXU's filing for the previous three-year period. This is despite the fact that one of the representations made by TXU to settle the last prudence review was that it had renegotiated a gas purchase contract for an expected benefit to ratepayers of over $20 million. Testimony included with this filing indicates that over half of all gas supply purchases during this three-year period were made on the spot market. • When TXU made its last three-year prudence review filing many of the same cities who participated in GUD No. 9400 intervened in that docket jointly and were ultimately successful in achieving a settlement of all issues with TXU. TXU also reimbursed the cities' expenses. APPROVED BY: Initial Date Department Director: MM \ 1/17/05 City Manager: / /iy-0r AGENDA SUBJECT: Consider and act upon a resolution authorizing the City's intervention before the Railroad Commission of Texas in Gas Utilities Docket (GUD) No. 9530; authorizing participation with other cities served by Atmos Energy Corporation, formally know as TXU Gas Company, in administrative and court proceedings involving a gas cost prudence review related to a filing made in September of 2004 as required by the final order in GUD No. 8664; designating a representative of the City to serve on a steering committee; and requiring reimbursement of reasonable legal and consultant expenses. SUMMARY: (continued) • An effort was made recently to negotiate a resolution of the gas prudence docket, as well as other outstanding regulatory issues with Atmos/TXU Gas. Atmos/TXU Gas rejected that settlement offer. • A December 10, 2004 intervention deadline was established by the examiners. An intervention was filed on behalf of the Steering Committee of Cities and the City of Arlington. Interventions on behalf of other individual cities will be consolidated with that existing intervention. As each additional city intervenes, the cities' position at the Railroad Commission is strengthened. • The attached resolution will authorize intervention by the city as a participant in steering committee, appoint the City Manager as the City's representative on a Cities' Steering Committee, and require Atmos/TXU Gas to reimburse the City reasonable costs associated with the City's participation in GUD No. 9530 or any subsequent proceeding. 2 RESOLUTION NO. 2005-09(R) A RESOLUTION BY THE CITY OF WYLIE, TEXAS AUTHORIZING - INTERVENTION BEFORE THE RAILROAD COMMISSION OF TEXAS IN GAS UTILITIES DOCKET (GUD) NO. 9530; AUTHORIZING PARTICIPATION WITH OTHER CITIES SERVED BY ATMOS ENERGY CORPORATION, FORMERLY KNOWN AS TXU GAS COMPANY, IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING A GAS COST PRUDENCE REVIEW RELATED TO A FILING MADE IN SEP I'LMBER OF 2004 AS REQUIRED BY THE FINAL ORDER IN GUD NO. 8664; DESIGNATING A REPRESENTATIVE OF THE CITY TO SERVE ON A STEERING COMMITTEE; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES WHEREAS, the City Council of the City of Wylie, Texas is a customer of Atmos Energy Corporation, formerly known as TXU Gas Company, (Atmos/TXU Gas) and a regulatory authority with an interest in the rates and charges of Atmos/TXU Gas; and WHEREAS, Atmos/TXU Gas made a filing at the Railroad Commission of Texas on or about September 24, 2004, now docketed as GUD No. 9530, for a gas cost prudence review of $2.2 billion in previously incurred and billed gas costs; and WHEREAS, the filing made by Atmos/TXU Gas was required by the terms of the Final Order of the Railroad Commission in GUD No. 8664; and WHEREAS, ratepayers of Atmos/TXU Gas, including the City of Wylie and its residents would be entitled to a pro rata portion of a refund associated with any costs found to have been unreasonable; and WHEREAS, the City of Wylie and its residents could benefit from coordination with other Cities in a review of the reasonableness of the gas costs of Atmos/TXU Gas and the joint participation in the Railroad Commission proceedings and any subsequent litigation or appeal related to those gas costs; and WHEREAS, the reasonable costs associated with the participation of Cities in this ratemaking proceeding are reimbursable from the Company. Resolution No. 2005-09(R) Atmos Intervention 1 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS THAT: 1. Intervention is hereby authorized in GUD No. 9530 and/or any successor docket at the Railroad Commission of Texas. 2. The City is authorized to cooperate with other Cities within the Atmos/TXU Gas system and hereby designates the City Manager as a representative to a Cities' Steering Committee that shall direct the efforts of counsel and consultants and the course of settlement and/or litigation before the Railroad Commission or of an appeal to any court regarding any matter related to the gas cost prudence review filing made by Atmos/TXU Gas in 2004. 3. Atmos/TXU Gas shall promptly reimburse the City's reasonable costs associated with the City's participation in GUD No. 9530 or any subsequent proceeding. DULY PASSED AND APPROVED this 25th day of January, 2005. Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No. 2005-09(R) Atmos Intervention 2 CITY OF WYLIE Item No. 4 City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: January 25, 2005 Special Called Meeting Department: City Secretary Prepared By: Mindy Manson Date Prepared: January 17, 2005 Exhibits: Resolution AGENDA SUBJECT: Approve a resolution suspending an interim rate adjustment (GRIP rate increase) proposed by Atmos Energy Corporation, formerly TXU Gas Company (Atmos/TXU Gas); authorizing participation in a steering committee to review the proposed rate increase and recommend further action related to the proposed rate increase; designating a representative of the City to serve on the steering committee; authorizing intervention in any proceedings related to the proposed rate increase; and requiring reimbursement of reasonable legal and consultant expenses. RECOMMENDED ACTION: Approval of Resolution SUMMARY: • Atmos/TXU Gas made a filing (Distribution GRIP filing) at the City and with other cities served by Atmos/TXU Gas in December, 2004, notifying the cities of its intent to increase its distribution rates to all customers effective February 15, 2005, pursuant to Texas Utilities Code Section 104.301, because of investments Atmos/TXU Gas allegedly made in calendar year 2003. • Atmos/TXU Gas made a filing (Pipeline GRIP filing) at the Railroad Commission of Texas (RRC) on or about December 17, 2004, now docketed as GUD No. 9560, notifying the RRC of its intent to increase its city gate and transportation rates to all customers, also effective February 15, 2005, pursuant to Texas Utilities Code Section 104.301, because of investments Atmos/TXU Gas allegedly made in calendar year 2003. • In its filings, Atmos/TXU Gas claims that net investment in infrastructure throughout the former TXU service areas increased in 2003 by a total of$43.5 million. If calculated in compliance with the GRIP statute, this claimed increase would be in addition to the $70 million in annual plant investment included in the GUD No. 9400 rates. Atmos/TXU Gas is therefore claiming that investment in plant increased by over sixty percent during 2003. APPROVED BY: Initial Date Department Director: MM \ 1/17/05 City Manager: M6,2 AGENDA SUBJECT: Approve a resolution suspending an interim rate adjustment (GRIP rate increase) proposed by Atmos Energy Corporation, formerly TXU Gas Company (Atmos/TXU Gas); authorizing participation in a steering committee to review the proposed rate increase and recommend further action related to the proposed rate increase; designating a representative of the City to serve on the steering committee; authorizing intervention in any proceedings related to the proposed rate increase; and requiring reimbursement of reasonable legal and consultant expenses. SUMMARY: (continued) • The proposed GRIP rate increases would increase annual revenues for Atmos/TXU Gas by $8.5 million. These increases are in addition to the $11.5 million annual increase approved by the RRC in GUD No. 9400, and also in addition to the $10.1 million recovery sought by Atmos/TXU Gas for rate case expenses related to GUD No. 9400. • Atmos/TXU Gas has publicly stated that it expects to experience annual cost savings of at least $40 million over the costs included in rates approved in GUD No. 9400 and said savings are likely to greatly exceed the annual revenue requirement associated with any reasonable increases in invested capital that form the basis of the requested GRIP rate increases. • Atmos Energy Corporation has announced a twenty percent increase in profits for its fiscal year ended September 30, 2004, and projects further increases in profits in 2005. 2 RESOLUTION NO. 2005-10(R) A RESOLUTION BY THE CITY OF WYLIE, TEXAS SUSPENDING THE PROPOSAL BY ATMOS ENERGY CORP. TO IMPLEMENT INTERIM GRIP RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2003; AUTHORIZING PARTICIPATION WITH OTHER CITIES SERVED BY ATMOS ENERGY CORP., MID-TEX DIVISION, IN A REVIEW AND INQUIRY INTO THE BASIS AND REASONABLENESS OF THE PROPOSED RATE ADJUSTMENTS; AUTHORIZING INTERVENTION IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING THE PROPOSED GRIP RATE ADJUSTMENTS; DESIGNATING A REPRESENTATIVE OF THE CITY TO SERVE ON A STEERING COMMITTEE; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES WHEREAS, the City of Wylie, Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid-Tex Division, ("Atmos Mid-Tex" or "the Company") and a regulatory authority with an interest in the rates and charges of Atmos Mid-Tex; and WHEREAS, Atmos Mid-Tex made filings with the City and the Railroad Commission of Texas ("Railroad Commission") in December, 2004, proposing to implement interim rate adjustments ("GRIP Rate Increases") pursuant to Texas Utilities Code § 104.301 on all customers served by Atmos Mid-Tex; and WHEREAS, Atmos Energy Corporation has reported a twenty percent increase in profits for its fiscal year ended September 30, 2004, and projects further increases in profits in 2005; and WHEREAS, in May, 2004, the Railroad Commission entered its Final Order in GUD No. 9400 authorizing a rate increase that will produce additional annual revenues of $11.5 million for Atmos Mid-Tex; and WHEREAS, Atmos Mid-Tex has projected that it will experience annual cost savings of at least $40 million over the costs included in rates approved in GUD No. 9400 and said savings Resolution No. 2005-10(R) Atmos Suspension 1 are likely to greatly exceed the annual revenue requirement associated with any reasonable increases in invested capital that form the basis of the proposed GRIP rate increases; and WHEREAS, ratepayers of Atmos Mid-Tex, including the City and its residents, will be adversely impacted by the proposed GRIP Rate Increases; and WHEREAS, the City and its residents could benefit from coordination with other cities served by Atmos Mid-Tex ("Cities") in a review of the reasonableness of the proposed GRIP Rate Increases and joint participation in any proceedings at the Railroad Commission related to the proposed GRIP Rate Increases; and WHEREAS, the reasonable costs associated with the participation of Cities in this rate proceeding are reimbursable from Atmos Mid-Tex. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT: 1. The February 15, 2005, effective date of the GRIP Rate Increases proposed by Atmos Mid-Tex is hereby suspended to permit adequate time to review the proposed increases, analyze all necessary information, and take appropriate action related to the proposed increases. 2. The City is authorized to cooperate with other Cities to create and participate in a Steering Committee to hire and direct legal counsel and consultants, to negotiate with the Company, to make recommendations to the City regarding the proposed GRIP Rate Increases, and to direct any administrative proceedings or litigation associated with the proposed GRIP Rate Increases. 3. The City is authorized to intervene in any administrative proceedings or litigation associated with the proposed GRIP Rate Increases, including GUD No. 9560, the Company's proposed GRIP rate increase for its pipeline system filed at the Railroad Commission. Resolution No. 2005-10(R) Atmos Suspension 2 4. The City hereby designates the City Manager as a representative to a Cities' Steering Committee that shall direct the efforts of counsel and consultants. 5. Atmos Mid-Tex shall promptly reimburse the City's reasonable costs associated with the City's activities related to the proposed GRIP Rate Increases. DULY PASSED AND APPROVED this 25th day of January, 2005. Mayor ATTEST: Resolution No. 2005-10(R) Atmos Suspension 3 CITY OF WYLIE Item No. 5 City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: January 25, 2005 Special Called Meeting Department: City Secretary Prepared By: Carole Ehrlich Date Prepared: January 10, 2005 Exhibits: Ordinance AGENDA SUBJECT: Consider and act upon the adoption of an ordinance enacting a new code for the City of Wylie, Texas and providing for the repeal of certain ordinances not included therein; providing a penalty for the violation thereof; providing for the manner of amending such code; and providing when such code and this ordinance shall become effective. RECOMMENDED ACTION: Approval SUMMARY: Chapter III, Section 14B of the Wylie City Charter states that within three (3) years after adoption of this Charter, and at least every five (5) years thereafter, the city council shall provide for the preparation of the codification of all general ordinances of the city. Every general ordinance enacted subsequent to such codification shall be enacted as an amendment to the code. For the purposes of this section, general ordinances shall be deemed to be those ordinances of a permanent or continuing nature which affect the residents of the city at large. The codification shall be published promptly, together with the Charter and any amendments thereto, and with appropriate references to state statutes and the constitution, and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as the Wylie City Code and shall be in full force and effect without the necessity of such code or any part thereof being published in any newspaper. In 1997, the City of Wylie adopted the re-codification of the Wylie City Code. The Wylie City Code presented tonight is a re-codification of the 1997 code. This book includes all ordinance approved from November of 1997 through November of 2004. The code, once approved will be available through Municipal Code Corporation on our web page for easy access. Future supplements will be completed on an annual basis starting in 2006. Financial- The re-codification of the Wylie Code has been ongoing since 2003 and was included in the City Secretary budgets for FY 2004 and 2005. APPROVED BY: Initial Date Department Director: CE \ 1/10/05 City Manager: 44 \ iJ/y ORDINANCE NO. 2005-07 AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF WYLIE,TEXAS;PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF;PROVIDING FOR THE MANNER OF AMENDING SUCH CODE;AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. The Code entitled "Code of Ordinances, City of Wylie, Texas," published by Municipal Code Corporation, consisting of chapters 1 through 118, each inclusive, is adopted. Section 2. All ordinances of a general and permanent nature enacted on or before November 9, 2004, and not included in the Code or recognized and continued in force by reference therein, are repealed. Section 3. The repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance. Section 4. Unless another penalty is expressly provided,every person convicted of a violation of any provision of the Code or any ordinance,rule or regulation adopted or issued in pursuance thereof shall be punished by a fine not exceeding$500.00, except for violations of municipal ordinances that govern fire safety,zoning,public health and sanitation,including the dumping of refuse,in which case the maximum fine shall be $2,000.00 for each offense, and violations of traffic laws and ordinances which are punishable as Class C misdemeanors by a fine not exceeding$200.00. Each act of violation and each day upon which any such violation shall continue or occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the Ordinance No.2005-07 Approval of Code of Ordinances 1 amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits. Section 5. Additions or amendments to the Code when passed in such form as to indicate the intention of the City Council to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments. Section 6.Ordinances adopted after November 9,2004,that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code. Section 7. This ordinance shall be effective upon approval by the City Council of the City of Wylie. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 25th day of January, 2005. John Mondy, Mayor A'fI EST: Carole Ehrlich, City Secretary Date of publication in The Wylie News-January 11,2005 Ordinance No.2005-07 Approval of Code of Ordinances 2 Certificate of Adoption I hereby certify that the foregoing is a true copy of the ordinance passed at the Regular Meeting of the City Council, held on the 25th day of January, 2005_ Carole Ehrlich, City Secretary Ordinance No.2005-07 Approval of Code of Ordinances 3 CITY OF WYLIE Item No. 6 City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: January 25, 2005 Other: Department: Police Prepared By: Jeff Butters Date Prepared: 01-17-05 Exhibits: Proposed Curfew Ordinance AGENDA SUBJECT: Consider and act upon an Ordinance repealing Wylie Ordinance Nos. 79-23, 95-2 and 95-3; establishing a curfew for minors for the City of Wylie, Texas; creating offenses for minors, parents,guardians of minor and business establishments for violating curfew regulations; defining terms and providing defences; providing for enforcement; providing for waiver of jurisdiction by the court when required under the Texas Family Code. RECOMMENDED ACTION: Approval SUMMARY: The proposed ordinance contains the same definitions, curfew hours, elements of offense, and defenses, as the old curfew ordinance. The proposed curfew ordinance requires that the curfew ordinance be reviewed via public hearings every three years, as required by Section 370.002 of the Local Government Code. The review requirement is the only change from the old curfew ordinance. APPROVED BY: Initial Date Department Director: JB \ 01/18/05 City Manager: i?d ORDINANCE NO. 2005-08 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS REPEALING WYLIE ORDINANCE NOS. 79-23, 95-2 AND 95-3; ESTABLISHING A CURFEW FOR MINORS FOR THE CITY OF WYLIE, TEXAS; CREATING OFFENSES FOR MINORS, PARENTS, GUARDIANS OF MINORS AND BUSINESS ESTABLISHMENTS FOR VIOLATING CURFEW REGULATIONS;DEFINING TERMS AND PROVIDING DEFENSES; PROVIDING FOR ENFORCEMENT; PROVIDING FOR WAIVER OF JURISDICTION BY THE COURT WHEN REQUIRED UNDER THE TEXAS FAMILY CODE;PROVIDING FOR REVIEW OF THIS ORDINANCE;PROVIDING 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 THEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that there has been an increase in juvenile violence,juvenile gang activity and crime by persons under the age of seventeen (17) in the City of Wylie, Texas ("Wylie"); and WHEREAS,the City Council has further investigated and determined that persons under the age of seventeen (17) are particularly susceptible by their lack of maturity and experience to participate in unlawful and gang-related activities and to be victims of older perpetrators of crime;and WHEREAS,the City Council, on behalf of Wylie and its citizens, has an obligation to provide for the protection of minors from each other and from other persons;for the enforcement of parental control over and responsibility for children; for the protection of the general public; and for the reduction of incidence of juvenile criminal activities; and WHEREAS, the City Council has further investigated and determined that it is in the best interest of Wylie and its citizens to repeal Ordinance Nos. 79-23, 95-2 and 95-3; and WHEREAS, the City Council has further investigated and determined that it is in the best interests of Wylie and its citizens to establish a curfew for those under the age of seventeen(17), as set forth below, which will promote public health, safety and general welfare; help attain the foregoing objectives; and diminish the undesirable impact of such conduct on the citizens of 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 NOS. 79-23, 95-2 AND 95-3 REPEALED. Wylie Ordinance Nos. 79-23, 95-2 and 95-3 are hereby repealed. Such repeal shall not abate any pending prosecution for violation of the repealed Wylie Ordinance Nos. 79-23, 95-2 and 95-3, nor shall the repeal prevent ORDINANCE NO.2005-08 JUVENILE CURFEW ORDINANCE(REPEAL ORDINANCE NOS.79-23,95-2 and 95-3)-Page 1 a prosecution from being commenced for any violation if occurring prior to the repeal of Wylie Ordinance Nos. 79-23, 95-2 and 95-3. SECTION 3: DEFINITIONS. 3.1 For the purposes of this Ordinance, when not inconsistent with the context, words used in the present tense include the future tense, words in the plural include the singular, and words in the singular include the plural, and the use of any gender shall be applicable to all genders whenever the sense requires. Words not defined in this Section shall be given their common and ordinary meaning. 3.2 For the purposes of this Ordinance, the following words, terms, phrases and their derivations shall have the meaning given in this Section 3.2. (A) CURFEW HOURS means: (1) 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day; and (2) 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday. (B) EMERGENCY means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life. (C) ESTABLISHMENT means any privately-owned place of business operated for a profit to which the public is invited, including but not limited to, any place of amusement or entertainment. (D) GUARDIAN means: (1) a person who, under court order, is the guardian of the person of a minor; or (2) a public or private agency with whom a minor has been placed by a court. (E) MINOR means any person under seventeen (17) years of age. (F) OPERATOR means any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officers and directors of a corporation. (G) PARENT means a person who is: (1) a natural parent, adoptive parent or step-parent of another person; or ORDINANCE NO.2005-08 JUVENILE CURFEW ORDINANCE(REPEAL ORDINANCE NOS.79-23,95-2 and 95-3)—Page 2 (2) at least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor. (H) PUBLIC PLACE means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops. (I) REMAIN means to: (1) linger or stay; or (2) fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of the premises. (J) SERIOUS BODILY INJURY means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. SECTION 4: OFFENSES. 4.1 A minor commits an offense if he remains in any public place or on the premises of any establishment within Wylie during curfew hours. 4.2 A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control, allows the minor to remain in any public place or on the premises of any establishment within Wylie during curfew hours. 4.3 The owner, operator or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours. SECTION 5: DEFENSES. 5.1 It is a defense to prosecution under Section 4 that the minor was: (A) accompanied by the minor's parent or guardian; (B) on an errand at the direction of the minor's parent or guardian, without any detour or stop; (C) in a motor vehicle involved in interstate travel; (D) engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop; (E) involved in an emergency; ORDINANCE NO.2005-08 JUVENILE CURFEW ORDINANCE(REPEAL ORDINANCE NOS.79-23,95-2 and 95-3)—Page 3 (F) on the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence; (G) attending an official school, religious, or other recreational activity supervised by adults and sponsored by Wylie, a civic organization or another similar entity that takes responsibility for the minor or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by Wylie, a civic organization or another similar entity that takes responsibility for the minor; (H) exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly; or (I) married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code, as amended. 5.2 It is a defense to prosecution under Subsection 4.3 that the owner, operator or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. SECTION 6: ENFORCEMENT. Before taking any enforcement action under this Section,a peace officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this Section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Section 5 is present. SECTION 7: PENALTIES. 7.1 Any person violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction therefore, shall be fined a sum not exceeding Five Hundred Dollars($500.00). Each and every day that such violation continues shall be considered a separate offense. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. 7.2 When required by Section 51.08 of the Texas Family Code, as amended, the court shall waive original jurisdiction over a person who violates Section 4 and shall refer the person to the appropriate court. SECTION 8: REVIEW OF ORDINANCE. Before the third anniversary of the date of the adoption of this Ordinance, and every third year thereafter, the City Council shall: (A) review the effects of the Ordinance on the community and on problems the Ordinance was intended to remedy; (B) conduct public hearings on the need to continue the Ordinance; and (C) abolish, continue, or modify the Ordinance. ORDINANCE NO.2005-08 JUVENILE CURFEW ORDINANCE(REPEAL ORDINANCE NOS.79-23,95-2 and 95-3)—Page 4 The failure of the City Council to act in accordance with this Section shall cause this Ordinance to expire without further action by the City Council. SECTION 9: SAVINGS/REPEALING CLAUSE. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 10: 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 11: EFFECTIVE DATE. This Ordinance shall become effective from and after its adoption and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 25th day of January 2005. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: CAROL EHRLICH, City Secretary Date(s)of Publication: ,in The Wylie News ORDINANCE NO.2005-08 JUVENILE CURFEW ORDINANCE(REPEAL ORDINANCE NOS.79-23,95-2 and 95-3)—Page 5 CITY OF WYLIE Item No. Worksession City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: January 25, 2005 Special Called Meeting Department: Planning Department Prepared By: Claude Thompson Date Prepared: January 13, 2005 Exhibits: 2 AGENDA SUBJECT: Hold a joint work session with the Planning and Zoning Commission to consider and provide direction on a proposal by Herzog Development Corporation for the 351 acre Woodbridge South. ZC 2004-24 RECOMMENDED ACTION: Provide direction to staff and applicant concerning the proposal. SUMMARY: Applicant: Herzog Development Corporation Owners: Groves, Bruners, Robbins The subject property totals 352 acres, 63 acres of which are within unincorporated Dallas County and must be annexed prior to adoption of zoning. The remainder of the property was annexed in 1986 (221 acres) and 2001 (68 acres). The Comprehensive Plan recommends that the entire property be developed as Country Residential, with lots in excess of 1 acre). The requested residential smaller lot sizes and higher density do not comply with this recommendation of the Comp Plan. However, this recommendation of the Plan does not accommodate approximately 30 acres at the intersection of Pleasant Valley and Sachse Roads which has been zoned for commercial uses since 1986. The request proposes to reduce the commercial use to 7 acres, which does comply with the Council-recommended revisions to the Comp Plan that retail use be limited. Planned Development zoning in not justified, and the applicant has not demonstrated why development cannot be accomplished through standard zoning districts. The request offers limited development innovations other than reduction of adopted plan and code requirements (the "unique life style and amenities" have not been illustrated), and the property offers sufficient size and flexibility to efficiently accommodate the several constraints to development (floodplain, water and electric transmission corridors, and thoroughfare dedications). APPROVED BY: Initial Date Department Director: CT \ 01/13/05 City Manager: MBR 1/19/05 AGENDA SUBJECT: Hold a joint work session with the Planning and Zoning Commission to consider and provide direction on a proposal by Herzog Development Corporation for the 351 acre Woodbridge South. ZC 2004-24 SUMMARY: The request will allow as many as 1,541 residential lots and dwellings, of varied size and design/types. 1,204 (78%) of these lots are smaller than 8,500 square feet (smallest currently allowed by the Zoning Ordinance) with houses smaller than 1,700 square feet. The following break-down of lots is proposed: • 224 units of SF-10/19, constructed to standards of the ZO • 113 units of SF-8.5/17, constructed to standards of ZO • 452 units of SF-7.2, 1,500 sq. ft. houses on 60 ft. lots with 20 ft. front and 5 ft. side yards • 151 units of SF-6, 1,400 sq. ft. house on 50 ft. lots with 20 ft. front and 5 ft. side yards • 308 units of Patio-homes, 1,300 sq. ft. houses on 40 ft. lots with 15 ft. front and 0-3 or 7-10 ft. side yds. • 293 units of Towmhouses, constructed to standards of ZO. The PD requires that the Land Design, Streets & Sidewalks and Architectural residential development regulations (both Base and Desired) of the ZO will be achieved, and provides a listing of the applicable regulations. Nonresidential requirements generally comply with the Community Retail standards of the ZO, except: • Site Design incentives shall require only 30 rather than 60 points • Landscape incentives shall require only 25 rather than 55 points, requiring only 15% of the site to be landscaped rather than 20% • One-way isles within parking lots shall be 20 rather than 24 feet (City Engineer recommends denial) Internal minor streets to be 27 ft. pavement rather than 31 ft., and collector thoroughfares are to be 36 ft w//in 60 ft. right-of-way rather than 38 ft. w/in 65 ft. Alleys shall be provided to all residential smaller than 10,000 sq. ft., but shall have 15 ft. right-of-way w/ 5 ft. utility easement w/in the adjoining lot, rather than 20 ft. r-o-w. City Engineer recommends denial of this stipulation. On-site detention of storm water shall not be required if all runoff is discharged into Muddy Creek. City Engineer recommends denial of this stipulation. Approximately 50 acres is illustrated on the Concept Plan as open space and much of this is to be connected by a trail system. The PD Conditions provide that this acreage and improvements shall satisfy the City's required park land dedication. The required park land dedication for the allowed 1,541 residential lots amounts to 77 acres. Furthermore, approximately 75% of the land allocated for open space is occupied by utility easements, and the proposed trail is 4 to 6 ft. wide rather than the required 8 feet. Financial Considerations—estimated annual at current levels • Revenues, +/- $1,606,500 property tax • Expenses, maintenance of streets, alleys and park land is currently unknown 2 CITY OF WYLIE Item No. Worksession City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: January25, 2005 Special Called Meeting Department: Planning Department Prepared By: Claude Thompson Date Prepared: January 13, 2005 Exhibits: 2 AGENDA SUBJECT: Hold a joint work session with the Planning and Zoning Commission to consider and provide direction on a proposal by Herzog Development Corporation for the 351 acre Woodbridge South. ZC 2004-24 RECOMMENDED ACTION: Provide direction to staff and applicant concerning the proposal. SUMMARY: Applicant: Herzog Development Corporation Owners: Groves, Bruners, Robbins The subject property totals 352 acres, 63 acres of which are within unincorporated Dallas County and must be annexed prior to adoption of zoning. The remainder of the property was annexed in 1986 (221 acres) and 2001 (68 acres). The Comprehensive Plan recommends that the entire property be developed as Country Residential, with lots in excess of 1 acre). The requested residential smaller lot sizes and higher density do not comply with this recommendation of the Comp Plan. However, this recommendation of the Plan does not accommodate approximately 30 acres at the intersection of Pleasant Valley and Sachse Roads which has been zoned for commercial uses since 1986. The request proposes to reduce the commercial use to 7 acres, which does comply with the Council-recommended revisions to the Comp Plan that retail use be limited. Planned Development zoning in not justified, and the applicant has not demonstrated why development cannot be accomplished through standard zoning districts. The request offers limited development innovations other than reduction of adopted plan and code requirements (the "unique life style and amenities" have not been illustrated), and the property offers sufficient size and flexibility to efficiently accommodate the several constraints to development (floodplain, water and electric transmission corridors, and thoroughfare dedications). APPROVED BY: Initial Date Department Director: CT \ 01/13/05 City Manager: AGENDA SUBJECT: Sold a joint work session with the Planning and Zoning Commission to consider and provide direction on a proposal by Herzog Development Corporation for the 351 acre Woodbridge South. ZC 2004-24 SUMMARY: The request will allow as many as 1,541 residential lots and dwellings, of varied size and design/types. 1,204 (78%) of these lots are smaller than 8,500 square feet (smallest currently allowed by the Zoning Ordinance)with houses smaller than 1,700 square feet. The following break-down of lots is proposed: • 224 units of SF-10/19, constructed to standards of the ZO • 113 units of SF-8.5/17, constructed to standards of ZO • 452 units of SF-7.2, 1,500 sq. ft. houses on 60 ft. lots with 20 ft. front and 5 ft. side yards • 151 units of SF-6, 1,400 sq. ft. house on 50 ft. lots with 20 ft. front and 5 ft. side yards • 308 units of Patio-homes, 1,300 sq. ft. houses on 40 ft. lots with 15 ft. front and 0-3 or 7-10 ft. side yds. • 293 units of Towmhouses, constructed to standards of ZO. The PD requires that the Land Design, Streets & Sidewalks and Architectural residential development regulations (both Base and Desired) of the ZO will be achieved, and provides a listing of the applicable regulations. Nonresidential requirements generally comply with the Community Retail standards of the ZO, except: • Site Design incentives shall require only 30 rather than 60 points • Landscape incentives shall require only 25 rather than 55 points, requiring only 15% of the site to be landscaped rather than 20% • One-way isles within parking lots shall be 20 rather than 24 feet (City Engineer recommends denial) :Internal minor streets to be 27 ft. pavement rather than 31 ft., and collector thoroughfares are to be 36 ft w//in 60 3. right-of-way rather than 38 ft. w/in 65 ft. Alleys shall be provided to all residential smaller than 10,000 sq. A., but shall have 15 ft. right-of-way w/ 5 ft. utility easement w/in the adjoining lot, rather than 20 ft. r-o-w. City Engineer recommends denial of this stipulation. On-site detention of storm water shall not be required if all runoff is discharged into Muddy Creek. City Engineer recommends denial of this stipulation. Approximately 50 acres is illustrated on the Concept Plan as open space and much of this is to be connected by a trail system. The PD Conditions provide that this acreage and improvements shall satisfy the City's required park land dedication. The required park land dedication for the allowed 1,541 residential lots amounts to 77 acres. Furthermore, approximately 75% of the land allocated for open space is occupied by utility easements, and the proposed trail is 4 to 6 ft. wide rather than the required 8 feet. Financial Considerations—estimated annual at current levels • Revenues, +/- $1,606,500 property tax • Expenses, maintenance of streets, alleys and park land is currently unknown EXHIBIT "B" PLANNED DEVELOPMENT DISTRICT DEVELOPMENT STANDARDS (ZONING CASE 20044 f) 1.0 PLANNED DEVELOPMENT DISTRICT Purpose: The purpose of this Planned Development District is intended to provide for the mixing and combining of uses allowed in various districts with appropriate land use regulations and devel- opment standards. Each permitted use is planned, developed or operated as an integral land use unit while providing flexibility in the use and design of land and buildings where modification of specific provisions of this ordinance is not contrary to its intent and purpose or significantly in- consistent with the planning on which it is based and will not be harmful to the neighborhood. The flexibility provided in the detailed provisions outlined in this Planned Development District allow for additional expansion of the creative and innovative concepts defined in the Suburban Residential Districts, the Village Residential Districts and the Village Center Nonresidential Dis- tricts of the existing zoning ordinance. The allowable use of a combination of these districts provides for the enhancement and implementation of the City's vision of the Comprehensive Plan. The use of existing creative development goals and objectives contained within the Subur- ban Residential Districts, the Village Residential Districts and the Village Center Nonresidential Districts, combined with the additional flexibility provided by the use of selective enhancements allowed by the use of a Planned Development District, together provide for a unique and creative addition to the existing master planned community development previously approved as Ordi- nance 98-15 which is of general benefit to the City as a whole. 2.0 PLANNED DEVELOPMENT DISTRICT - SUBURBAN RESIDENTIAL DISTRICTS AND VILLAGE RESIDENTIAL DISTRICTS Tracts SF-10.0, SF-8.5, SF-7.2, SF-6.0, PH, and TH 2.01 General Description: The residential tracts within this Planned Development District intended to accommodate a vari- ety of single family suburban residential and village residential land uses and densities. They are designed to provide a unique life style and the amenities that are afforded those living in a large master planned community. The various neighborhoods are designed to appeal to the needs of 1 G:\PROJECTS\Wylie\Bruner Tract\Zoning PD\Revised PD Standards 110304.doc the young professional, the single parent, the new and established family with children, the empty nester and the retired. The residential units will encompass the base components contained in the Suburban Residential Districts and the Village Residential Districts of the City of Wylie Zoning Ordinance. Any reference within this Planned Development District Development Standards to the City of Wylie Zoning Ordinance shall be that certain City of Wylie Zoning Ordinance adopted November 11, 2001 and Amended September 26, 2003. • Tracts designated as SF-10.0 will be developed in accordance with Single Family- 10 District (SF-10/19). • Tracts designated as SF-8.5 will be developed in accordance with Single Family- 8.5 District (SF-8.5/17). • Tracts designated as SF-7.2 will be developed in accordance with the development stan- dards outlined herein for Single Family—7.2 District (SF-7.2/15). • Tracts designated as SF-6.0 will be developed in accordance the development standards outlined herein for Single Family-6.0 District (SF-6.0/14) • Tracts designated as PH will be developed in accordance with the development standards outlined herein for Patio Home. • Tracts designated as TH will be developed in accordance with Townhouse District (TH) and in accordance with the revisions herein. The revisions and additions to the development standards for existing districts as well as the ad- dition of new districts created within this Planned Development District for the tracts identified above are necessary to achieve the previously stated purpose and are further outlined within these development standards. 2.02 Permitted Uses: Land uses permitted within the tracts indicated as Tracts SF-10.0, SF-8.5, SF-7.2, SF-6.0, PH and TH identified on Exhibit "D" Conceptual Plan, which are shown in Article 5 Use Regulations, Section 5.1 Land Use Charts, Figure 5-3 Land Use Tables, Residential Districts, Suburban Resi- dential, SF-10/19 (Tracts designated as SF-10.0) and Village Center, SF-8.5/17 (Tracts desig- nated as SF-8.5, SF-7.2, and SF-6.0) and TH (Tracts designated as PH and TH) and Section 5.2 Listed Uses, as defined in the City of Wylie Zoning Ordinance are hereby revised to include the following additions: • Private recreation facilities and buildings for homeowner use. • Real estate sales offices and model homes during the development and marketing of the residential areas. • Temporary buildings, advertising signs, and uses incidental to construction work and sales promotions on the premises, which shall be removed upon completion. 2 G:\PROJECTS\Wylie\Bruner Tract\Zoning PD\Revised PD Standards 110304.doc 2.03 Density: The maximum number of single family residential units for each residential land use designation are as follows: • Tracts designated as SF-10.0 shall have a maximum number of 224 units. • Tracts designated as SF-8.5 shall have a maximum number of 113 units. • Tracts designated as SF-7.2 shall have a maximum number of 452 units. • Tracts designated as SF-6.0 shall have a maximum number of 151 units. • Tracts designated as PH shall have a maximum number of 308 units. • Tracts designated as TH shall have a maximum number of 293 units. The total maximum number of single family residential units shall not exceed 1,541. 2.04 Single Family 10.0 District (SF-10): The lots in Tracts designated as SF-10.0 are to be developed in accordance with the development standards as defined in Article 3 - Residential District Regulations, Section 3.2 Suburban Resi- dential Districts, C. Single Family-10 District (SF-10/19), Figure 3-5 - Single Family 10 District (SF-10/19) in the City of Wylie Zoning Ordinance. 2.05 Single Family- 8.5 District (SF-8.5): The lots in Tracts designated as SF-8.5 are to be developed in accordance with the development standards as defined in Article 3 - Residential District Regulations, Section 3.3 Village Residen- tial Districts, A. Single Family- 8.5 District (SF-8.5/17), Figure 3-6 - Single Family 8.5 District (SF-8.5/17) in the City of Wylie Zoning Ordinance. 2.06 Single Family - 7.2 District (SF-7.2): The lots in Tracts designated as SF-7.2 are to be developed in accordance with the following de- velopment standards: a. Minimum Dwelling Size: • The minimum area of the main building shall be one thousand five hundred (1,500) square feet, exclusive of garages, breezeways and porticos. b. Lot Area: • The minimum area of any lot shall be seven thousand two hundred (7,200) square feet. c. Lot Coverage: • In no case shall more than forty-five percent (45%) of the total lot area be covered by the combined area of the main buildings and accessory buildings. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determin- ing maximum lot coverage. d. Lot Width: • The minimum width of any lot shall be sixty(60) feet at the front building line, except 3 G:\PROJECTS\Wylie\Bruner Tract\Zoning PD\Revised PD Standards 110304.doc that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum width of fifty(50) feet at the building line; provided all other requirements of this section are fulfilled. e. Lot Depth: • The minimum depth of any lot shall be one hundred ten (110) feet, except that a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum lot depth, measured at midpoints on front and rear lot lines, of one hundred (100) feet; provided all other requirements of this section are fulfilled. Double frontage lots shall have a mini- mum depth of one hundred twenty(120) feet. f. Front Yard: • The minimum depth of the front yard setback shall be twenty(20) feet. g. Side Yard: • The minimum side yard setback on each side of the lot shall be five (5) feet. A side yard setback adjacent to a street shall be a minimum of fifteen (15) feet. h. Rear Yard: • The minimum depth of the rear yard setback shall be twenty(20) feet. Double frontage lots shall have a minimum rear yard depth of 25 feet, or 20 feet if adjacent to an alley. i. Maximum Building Height: • Buildings shall be a maximum of two and one-half(21/2.) stories, or thirty six (36) feet. 2.07 Single Family - 6.0 District (SF-6.0): The lots in Tracts designated as SF-6.0 are to be developed in accordance with the following de- velopment standards: a. Minimum Dwelling Size: • The minimum area of the main building shall be one thousand four hundred (1,400) square feet, exclusive of garages,breezeways and porticos. b. Lot Area: • The minimum area of any lot shall be six thousand (6,000) square feet. c. Lot Coverage: • In no case shall more than fifty percent (50%) of the total lot area be covered by the com- bined area of the main buildings and accessory buildings. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determining maximum lot coverage. d. Lot Width: • The minimum width of any lot shall be fifty(50) feet at the front building line, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum width of forty five (45) feet at the building line; provided all other requirements of this section are fulfilled. e. Lot Depth: • The minimum depth of any lot shall be one hundred ten (110) feet, except that a lot at the 4 G:\PROJECTS\Wylie\Bruner Tract\Zoning PD\Revised PD Standards 110304.doc terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum lot depth, measured at midpoints on front and rear lot lines, of one hundred (100) feet; provided all other requirements of this section are fulfilled. All double frontage lots shall have a mini- mum depth of one hundred twenty(120) feet. f. Front Yard: • The minimum depth of the front yard setback shall be twenty(20) feet. g. Side Yard: • The minimum side yard setback on each side of the lot shall be five (5) feet. A side yard setback adjacent to a street shall be a minimum of fifteen (15) feet. h. Rear Yard: • The minimum depth of the rear yard setback shall be twenty(20) feet. Double frontage lots shall have a minimum rear yard depth of 25 feet, or 20 feet if adjacent to an alley. i. Maximum Building Height: • Buildings shall be a maximum of two and one-half(2%2) stories, or thirty six (36) feet. Single Family—Patio Home District (PH): The lots in Tracts designated as PH are to be developed in accordance with the following devel- opment standards: a. Minimum Dwelling Size: • The minimum area of the main building shall be one thousand three hundred (1,300) square feet, exclusive of garages, breezeways and porticos. b. Lot Area: • The minimum area of any lot shall be four thousand (4,000) square feet. c. Lot Coverage: • In no case shall more than sixty(60)percent of the total lot area be covered by the com- bined area of the main buildings and accessory buildings. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determining maximum lot coverage. d. Lot Width: • The minimum width of any lot shall be forty(40) feet at the front building line. e. Lot Depth: • The minimum depth of any lot shall be one hundred (100) feet, except that a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum lot depth, measured at midpoints on front and rear lot lines, of ninety(90) feet; provided all other requirements of this section are fulfilled . Double frontage lots shall have a minimum depth of one hundred (100) feet. f. Front Yard: • The minimum depth of the front yard setback shall be fifteen (15) feet. g. Side Yard: 5 G:\PROJECTS\Wylie\Bruner Tract\Zoning PD\Revised PD Standards 110304.doc • Side yard setbacks shall be zero (0) feet to three (3) feet on one side (the zero side), and seven (7) feet to ten (10) feet on the opposite side. A minimum separation of ten(10) feet is required between structures. A side yard setback adjacent to a street shall be a mini- mum of fifteen (15) feet. h. Rear Yard: • The minimum depth of the rear yard setback shall be twenty(20) feet. i. Maintenance Easement: • A maintenance easement, to provide access to an adjacent patio home, of not less than four (4) feet or more than seven (7) feet in width extending along the entire side lot line shall be established on each lot adjacent to a patio home lot. This easement shall be shown on the final plat. • The maintenance easement shall be maintained as an open space by the respective lot owner. The Building Official may approve fences and other construction at grade level, such as a deck not exceeding twelve (12) inches above grade, or paved surfaces in the maintenance easement provided that it does not impede the drainage or use of the ease- ment for the maintenance of the adjoining structure. j. Maximum Building Height: • Buildings shall be a maximum of two and one-half(21/2) stories, or thirty six (36) feet. 2.08 Single Family—Townhouse District(TH): The lots in Tracts designated as TH are to be developed in accordance with the development standards as defined in Article 3 - Residential District Regulations, Section 3.3 Village Residen- tial Districts, B. Townhouse District (TH), Figure 3-7 - Townhouse District (TH) in the Zoning Ordinance of the City of Wylie with the following revisions: Yard Requirements - Main Structures: • Rear Yard - 20 feet • Rear Yard Double Front Lots - 25 feet 4.0 PLANNED DEVELOPMENT DISTRICT - VILLAGE CENTER NONRESIDENTIAL DISTRICT AND BUSINESS DISTRICT Community Retail (CR) 4.01 General Description: The commercial tract within this Planned Development District located within the proximity of the residential land uses is intended to accommodate the development of office, retail and com- mercial service-related uses for the neighborhood residents. 4.02 Permitted Uses: Land uses permitted within nonresidential areas, indicated as Tract CR as shown on Exhibit "D" 6 G:\PROJECTS\Wylie\Bruner Tract\Zoning PD\Revised PD Standards 110304.doc Conceptual Plan, shall include those uses allowed in Article 5 Use Regulations, Section 5.1 Land Use Charts, Figure 5-3 Land Use Tables, Non-Residential Districts, Village Center, Community Retail (CR) and Section 5.2 Listed Uses as defined in the Zoning Ordinance of the City of Wylie. 4.03 Community Retail District (CR): The Tract designated as CR is to be developed in accordance with the development standards as defined in Article 4 -Nonresidential District Regulations, Section 4.1 Village Center Nonresi- dential Districts, B. Community Retail (CR), Figure 4-2 - Community Retail District (CR) in the Zoning Ordinance of the City of Wylie. 4.04 Nonresidential Design Standards: Section 4.4 Nonresidential District Regulations shall apply to the commercial development within the Planned Development District in the Community Retail (CR) classification with the following revisions: a. Figure 4-6 Site Design Requirements: • The total number of land design points required in this category for buildings 20,000 square feet and under shall be 30 Points. b. Figure 4-7 Landscaping Point Requirements: • Landscaping in Required Yards for buildings less than 20,000 square feet shall be 15% of the site. • The total number of landscaping points required in this category for any commercial building shall be 25. 4.05 Parking Design Requirements: The parking design requirements for the width of aisles or lanes in parking lots are as fol- lows: • A one-way aisle shall be a minimum of 20 feet wide. • A two-way aisle shall be a minimum of 24 feet wide. 5.0 PLANNED DEVELOPMENT - GENERAL CONDITIONS 5.01 Conformance to the Wylie Zoning Ordinance: Except as amended herein, this Planned Development District shall conform to any and all appli- cable articles and sections of the City of Wylie Zoning Ordinance dated February 27, 2002. 5.02 Procedures of the Planned Development District: The Zoning Exhibit, Conceptual Plan and Development are defined as follows: 7 G:\PROJECTS\Wylie\Bruner Tract\Zoning PD\Revised PD Standards 110304.doc a. Zoning Exhibit: • The legal description of the property is hereby attached as Exhibit "A". A Zoning Exhibit is hereby attached as Exhibit "C" and made a part of the approval for this Planned Devel- opment District b. Conceptual Plan: • The Conceptual Plan is hereby attached and made a part of the approved Planned Devel- opment District as Exhibit "D". c. Development Plan: • Prior to any development under this approved Planned Development District, a Develop- ment Plan for each phase must be submitted to the City of Wylie for approval. The De- velopment Plan shall suffice as the Preliminary Plat for the residential single family tracts or districts. The Development Plan shall suffice as the site plan for nonresidential tracts or districts. The Development Plan shall be approved by the Planning and Zoning Com- mission and the City Council prior to the issuance of any building permit for construction. In the event of a conflict between these Development Standards and the Development Plan, the Development Standards shall apply. 5.03 General Compliance: Except as amended by these conditions, development of property within this Planned Develop- ment must comply with the requirements of all ordinances, rules and regulations of the City of Wylie as they presently exist as of the date that this ordinance is signed by the City of Wylie . 5.04 Street Requirements: The street shown on the attached Conceptual Plan as Creek Crossing Lane shall be developed as a Collector Type D with a 60-foot right-of-way with a pavement width of 37 feet back to back of curb. All residential streets shall be developed as Residential Type E with a right-of-way of 50 feet with a pavement width of 27 feet back to back of curb. The minimum centerline radius for a Collector Type D shall be 350 feet and a Residential Type E shall be 150 feet. 5.05 Alleys: Alleys will be provided in Tracts designated as SF-8.5, SF-7.2, SF-6.0, PH and TH. Lots adja- cent (back or side) to the perimeter of the boundary of the property, parks, open space, flood plain or Creek Crossing Lane are not required to be developed with alleys. The use of private streets or fire lanes shall meet the requirements for alleys in Tracts designated as PH and TH. The right-of-way width of an alley may be reduced to fifteen (15) feet when there is a five (5) foot wide utility easement in the rear or side yard of a lot adjacent to an alley. 8 G:\PROJECTS\Wylie\Bruner Tract\Zoning PD\Revised PD Standards 1 10304.doc 5.06 Hiking and Jogging Trails: The eight foot (8')wide trail shown as Trail System 1 located in Tract A as shown on the at- tached Conceptual Plan shall be an extension of the Muddy Creek Trail. A six foot (6') wide trail shall be constructed in Tract B and Tract C as shown on the attached Conceptual Plan as Trail System 2. The trail shall extend from the Muddy Creek Trail to the northeast property line of Tract C. A six foot (6')wide trail shall be constructed in Tract D and Tract E as shown on the attached Conceptual Plan as Trail System 3. A four foot (4') wide trail shall be constructed in the landscape buffer shown adjacent to Sachse/Ballard Road. A six foot (6') wide trail shall be constructed on one (1) side of Creek Crossing Lane from Pleas- ant Valley Road to Sachse/Ballard Road as shown on the attached Conceptual Plan as Trail Sys- tem 4. The construction of this trail shall be lieu of sidewalks on both sides of Creek Crossing Lane. In order to provide for a meandering trail, the pavement in Creek Crossing Lane shall be allowed to be offset a maximum of five feet (5') from the center of the right-of-way allowing for additional parkway on the side of the trail. 5.07 Park Dedication: The land shown as Tract A, Tract B and Tract C as shown on the attached Conceptual Plan shall be offered for dedication to the City of Wylie as park land. This offer of dedication of this land and the installation of the trail systems within these tracts shall meet the park dedication re- quirements for the City of Wylie. In the event the City of Wylie does not accept the dedication of the land and trail systems, the land shall be deeded to the homeowner's association for the development, however a twenty foot (20') wide easement for Trail Systems 1 and 2 shall be dedicated to the City of Wylie for public use as an integral part of the park trail system. 5.08 Detention: Detention will not be required if the storm water runoff from this property, or any portion thereof, is discharged into Muddy Creek or its tributaries. 6.0 PLANNED DEVELOPMENT DISTRICT - RESIDENTIAL DISTRICT REGULATIONS 9 G:\PROJECTS\Wylie\Bruner Tract\Zoning PD\Revised PD Standards 1 I0304.doc 6.01 Suburban Residential District Section 3.4 Residential Design Standards of the Residential District Regulations shall apply to all of the lots designated as SF-10.0 within this Planned Development District, as referenced in the Suburban Residential District classification of the Zoning Ordinance of the City of Wylie with the following revisions: a. Figure 3-13 Suburban Residential District (SF-30/24, SF-20/22, SF-10/19)Requirements: A. Suburban Land Design Requirements—45 Design Points Required • The park dedication in accordance with Section 5.07 above and the installation of Trail Systems 1 and 2 in accordance with Section 5.06 above shall meet the requirements of this Section A. C. Street and Sidewalk Requirements— 55 Design Points Required • Entry Features and Medians: Landscaped entry features and medians for the entrance of the residential subdivision located in an eighty foot (80') right-of-way having a length of the lesser of(i) two hundred feet (200') or (ii) extended to the first intersecting residential street, shall qualify for 15 points. • Location of Required Alleys: A subdivision layout having no alleys adjacent to collector and residential streets shall qualify for 20 points. • Screening of Residential Units Backing onto Major Thoroughfares: Residential units backing to the landscape buffer adjacent to Sachse/Ballard Road and a maximum of 25% of the units adjacent to Creek Crossing Lane backing to this collector shall qualify for 20 points. D. Architectural Requirements—30 Points Required • Exterior Façade Material: The use of a minimum of 70%masonry(brick or stone) and the remainder of masonry composite material (i.e. hardie siding) shall qualify as 100%masonry. Natural wood products limited to no more than 5% of the exterior facade may be used for architectural accent. • Chimneys: Brick on chimneys located on the exterior of a residence and the use of masonry compos- ite materials (i.e. hardie siding materials) on chimneys located of the interior of any resi- dence shall qualify for 5 points. • Roof Materials: Requiring roof material to be the same color shingle for all residences shall qualify for 20 10 G:\PROJECTS\Wylie\Bruner Tract\Zoning PD\Revised PD Standards 110304.doc points. Architectural grade overlap shingles shall qualify for an additional 5 points. 6.02 Village Residential District Section 3.4 Residential Design Standards of the Residential District Regulations shall apply to all of the lots designated as SF-8.5, SF-7.2, SF-6.0, PH and TH within this Planned Development District, as referenced in the Village Center District classification of the Zoning Ordinance of the City of Wylie with the following revisions: a. Figure 3-14 Village Residential District (SF-8.5/17, TH, MF, MH) Requirements: A. Village Land Design Requirements - 30 Points Required: • The park dedication in accordance with Section 5.07 above and the installation of Trail Systems 1 and 2 in accordance with Section 5.06 above shall meet the requirements of this Section A. • C.Street and Sidewalk Requirements - 55 Design Points Required: • Entry Features and Medians: Landscaped entry features and medians for the entrance of the residential subdivision lo- cated in an eighty foot (80') right-of-way having a length of the lesser of(i) two hundred feet(200') or(ii) extended to the first intersecting residential street, shall qualify for 15 points. • Location of Required Alleys: A subdivision layout having no alleys adjacent to collector and residential streets shall qualify for 20 points. • Screening of Residential Units Backing onto Major Thoroughfares: Residential units backing to the landscape buffer adjacent to Sachse/Ballard Road and a maximum of 25% of the units adjacent to Creek Crossing Lane backing to this collector shall qualify for 20 points. • Village Residential Street Trees: Residential lots shall have a minimum of 1 tree per lot planted in the front yard of each lot and shall qualify for 20 points. It is the intent to have the trees evenly spaced within any given block length as well as their location in relationship to the front property line. The flexibility of offsetting or staggering trees along the street shall be an option for con- sideration in achieving a pleasing streetscape. The trees shall have a minimum caliper of 3 inches as measured 12 inches above the ground at the time of planting. Tree spacing will take into consideration the width of the lot and the location of driveways. D. Architectural Requirements—40 Points Required • Exterior Façade Material: The use of a minimum of 70% masonry(brick or stone) and the remainder of masonry 11 G:\PROJECTS\Wylie\Bruner Tract\Zoning PD\Revised PD Standards 110304.doc composite material (i.e. hardie siding) shall qualify as 100% masonry. Natural wood products limited to no more than 5% of the exterior facade may be used for architectural accent. • Chimneys: Brick on chimneys located on the exterior of a residence and the use of masonry compos- ite materials (i.e. hardie siding materials) on chimneys located of the interior of any resi- dence shall qualify for 5 points. • Roof Materials: Requiring roof material to be the same color shingle for all residences within the Planned Development District shall qualify for 25 points. Architectural grade overlap shingles shall qualify for an additional 5 points. 12 G:\PROJECTS\Wylie\Bruner Tract\Zoning PD\Revised PD Standards 110304.doc C m GRAPHIC SCALE 4w M 600 0 300 600 1200 \iV O y g CD � - ��,;� ( IN FEET ) Y co " _ �, 1 inch = 600 ft. _ E a i / III ' `SACWSE / BALLARD ROAD ', //�/' A. T RIGHT-OF W _ `,, (VARIABLE WIDTH PUBLICAY) fl._i r smog PAIm.Y � �x 3= EIMER Awe bNCOR -.la Y �i/ /1 - ._ ,,3," „`^ t,bra. CAS EASEMENT TRACED �j/ ul,_'' yIy ( /1 ___ -._ SO'LANDSCAPE 1 OPBN SPACB�/7// C ! I I_I BUFFER AND ONCOR t`.`'V's a.74 zas.Rs. (OS) �/ROAD R-O- ',W / 1 A.— GAS EASEMENT 8 r ''k ,3 b' (SF-BLS) // (ROW) .• E 1 0 f/ -- E i o ti>�" I / I `t SINGLE FAMILY / SINGLE FAMILY _Qp 3 j(j I,I �/ `l 2 (SF-8.5) /// (SF-8.5) 1,C,L Q I I / // >- I) �` ;, � J U 1 1 \ ¢IV 1 o i J 1 :I // I / o 44 •4ti17 'i' M _ .��.��••"c. �' s4431'00'W 789.99 2. 9 // (08) - (� ,„ /// 54509.00.E Q N74'75.1Z'W 1 I Q'i/IDE'TBAiL V. J In W d' 1 / 176.00' I I n N STEM l 214 42' ggg/y(,r 1 . �O N4431'00-E 789.9• L17,,,1...o .p a 1 1/ N074a'48£ N4431 0 E 1.2 1 Z J� a i -.:_i -N�65708 E :90 :,, 4 {�'-ia) 'CRES r .R .. ) JFGFND - '- } � N32'a7Y2 W _ � ,� t g t 3 �, ��.�,,. �.f-,.�� _ TOWNHOUSE //j// $� � TRAIL SYSTEM / 204.37 `3,.., s f., t. <2-�� (TR) / / w - - C. / N1o37'12'w '^�+,-^ �♦ y �`� _=; 'FAMILY// N.; FLOODPLAIN LIMITS 1 47 80' _ %/ N 132 608.E k a%T ma '4 ♦; :SYSTRY 2 'y��_ /� (9P-10) P /r/ I SINGLE FAMILY (SF-10) / r i $- fir- iG7// / No736'72-w °= 1 ' ARY .-1tRarf'-E_ �// "'mom _� SINGLE FAMILY (SF-8.5) E 187 80. . 1�E ,^.. �OI'EN rv/ (TB) Cl/i .� 3 '' s T c` .♦.(OS) ��.� s4a3225 w 700654 - SINGLE FAMILY (SF-7.2) O /1 N37'38'12'W "`c , " 'Ry11f .,t,'Y✓ iy .. / EO'EASEMENT TO THE `v) i 1 1—. 100.20' ./ /---;..-,..__L CITY OF GREENFIILE tiCr��- In J�, 5443225 W 2 -,•/ - - - ♦ i. SINGLE FAMILY (SF-6.0) �/ �Op s�iC6 I . 4 PATIO HOME (PH)/ �j f�jj m / OPEN SPACE - ♦♦{Os) \ - .e� p� /y i (08) If/ ----` =,A_...O ; _ I, I I TOWNHOUSE (TN) kg o �/ o / -----" ..___ II i f_.;a COMMUNITY RETAIL(CR) vp o 0 / _ k4 e i ; ' • _ _\ _ 1 ---__ ROAD RIGHT-OF-WAY (ROW) � ^o ;/ 7 - / '�- -1- I OPEN SPACE (OS) 1_-_ '-p O -'9 � \ I. ` I ,H FLOODPLAIN (FP) O r,n ' \ 7 crA xx IiGfE w I� EXHIBIT "D" ,•- ,;ice) I CONCEPTUAL PLAN .:ID" !diO t W x ' - ' RF WOODBRIDGE „ a :,,'.I SOUTH E _ Q > R ///543'32'25-W 1100.50' 345.49'25'W 77921' S4437YO'W 1883.41' y "a x // PLEASANT VALLEY ROAD CITY OF WYLIE, COLLIN COUNTY, TEXAS o Y n� o 5, 54538'25'W •"// '.2 T, a OWNER-DEVELOPER z n 61.93' 'i' (VARIABLE MOTH PUBLIC RIGHT-OF-WAY) W. YLIE-FB,LTD. `o a GROVES FAMILY PARTNERSHIP o o f °, . I C/O HERZOG DEVELOPMENT CORPORATION A A A e, A a` 9696 SKILLMAN ST.,SUITE 210 1-,°, DALLAS,TEXAS 75243 SHEET '5 214-348-1300 1 j 5 CONTACT:DON HERZOG OF 1 CITY OF WYLIE Item No Work Session City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: January 25, 2005 Other: Department: Planning Prepared By: Claude Thompson Date Prepared: January 14, 2005 Exhibits: 3 AGENDA SUBJECT: Hold a joint work session with the Planning and Zoning Commission to consider and provide direction on a proposal by Skorburg Company for the 185 acre Braddock Place/Rice Tract RECOMMENDED ACTION: Provide direction to staff and applicant concerning the proposal. SUMMARY: Owner/Applicant- Skorburg Company The subject property totals 185 acres,and was annexed September 28, 2004. Similar requests were denied by the City Council in September and withdrawn by the applicant in December of 2004. The Planning and Zoning Commission had recommended approval of both previous requests. The applicant has requested the work session in order to obtain additional direction concerning a modified proposal detailed below. Comprehensive Plan- • Recommends 72% Suburban Residential (minimum 10K lots) and 28% Country Residential (lac lots). Requested residential density does not comply with the Comprehensive Plan. • Eliminates 0.4 ac NS (zoned such since 1985), complying with proposed revisions to Comp Plan. APPROVED BY: Initial Date Department Director: CT \ 01-14-05 City Manager: 44,.44 \ /-/ t 1 AGENDA SUBJECT: Hold a joint work session with the Planning and Zoning Commission to consider and provide direction on a proposal by Skorburg Company for the 185 acre Braddock Place/Rice Tract. SUMMARY: (Continued) Planned Development zoning is not justified, and the applicant has not demonstrated why development cannot be accomplished through standard zoning districts. The request offers limited innovations other than reduction of adopted plan and code requirements, and the property offers no constraints and is of sufficient size and flexibility to efficiently accommodate the development recommended by the Comp Plan. Proposed Conditions of PD- • maximum Single Family lots, 450 w/park and school to 600 w/o park and school (proposed density+/- 3.9 to 5.1 d.u./ac., compared to 2.5 recommended by Comp Plan) • minimum lot size of 8,500 s.f. w/60% larger than 10,000 s.f. and 10% larger than 12,00 s.f. • Modified dimensional requirements - Type A lots- minimum dwelling size 2,400 s.f. on 10K& 12K lots, 70%of total (compared to 27%+1 ac. and 73% average of 20K by Comp Plan) - lot width 70 ft. (compared to 75 for SF10& 100 for SF20 - reduced side and rear yard - Type B lots-minimum dwelling size 2,400 s.f. on 50%, 2,300 s.f. & 2,200 s.f. on 50% (compared to 1,700 s.f. for 8,500, 1,900 s.f. for 10K& 2,100 s.f. for 20K) - 70 ft. lot width(compared to 75 ft.) -reduced front, side and rear yard setbacks • Development requirements same as ZO, except - no garage doors facing front street, except for 2&ls where the single door may face the street - landscaped berm w/rail fence to replace perimeter solid masonry wall • No alleys required-but no garages shall face front street, all other functions(access, utilities, drainage) are handled by other means, and alleys are not appropriate adjacent to thoroughfare, open space and existing rural residential without alleys. • Realigns Elm Drive as a 60 ft. R-O-W Secondary Collector street. • Transitional buffer against existing residences, to SW to be a min. 10K backing lots w/2,400 s.f dwellings, and to N to be min. 12,000 s.f backing lots w/2,400 s.f dwellings and tree buffer. • Tree preservation-save 25% of riparian trees 8 in. or larger, and all hardwoods 8 in. or larger w/in 3 ft. of perimeter property line. • HOA to own and maintain street medians, green belts and common areas. Proposed park land totals 27.2 acres, and the required dedication is between 23 acres(if 430 lots are platted) and 30 acres(for the allowed maximum 600 lots). WISD is negotiating an 11-acre elementary school site w/in the subject property. Boundary discrepancy at Vinson Road must be reconciled at platting. Financial Considerations-estimated annual at current levels • Revenues, +/- $479,555 to $625,500 property tax • Expenses, +/- $40,500 maintenance of park(street and utility maintenance by CIP) JAN-14-2005(FRI) 06:46 Skorburg Compaq (FAX)214 522 7244 P. 002/002 Skorburg Company 3838 Oak Lawn Ave..Ste, 1:12 Da11;e4.TX 75_19 214/522-4945 Fax: 214/522 244 SKORBURG January 13, 2005 COMPANY IMINEMEIMMO Ms. Carole Ehrlich City Secretary 2000 HWY 78#202 Wylie,TX 75098 Re: City Council Work Session January 25,2005 Dear Ms. Ehrlich: Please accept this letter as the request to be on the work session at the end of this month. We will submit a revised PD and associated exhibits to your office Friday morning. Please call with any questions. Cordially yours, R BetL Development Partner INfok..tAnuti NINO IL D F fAo41 SOLTCf!.Uri 1 AN1 A.III IT iti\t11 CUARANTLID PY U5 AND 15 51 50'47 mC7 tAM Ar IN i'K1U L'OPKELTItiNS,1RRQIC ANDONIMI ON5.MOB tiAIJN i.mnaumIAL w111 K�L?NCIICL Exhibit"B" CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT Braddock Place Zoning Case#2004-19 Planned Development Requirements: L Statement of Purpose: The purpose of this Planned Development District is to permit the development of BRADDOCK PLACE. II. Statement of Effect: This Planned Development shall not effect any regulation found in the Comprehensive Zoning Ordinance as adopted and amended, except as specifically provided herein; III. General Regulations: All regulations providing for a Village Center District as set forth in Section 3.3 Village Residential Districts of the current Comprehensive Zoning Ordinance are included by reference and shall apply, except as otherwise specified under the special provisions hereunder. The conditions contained herein and the conditions of the current Comprehensive Zoning Ordinance, which are not amended by this Planned Development, shall constitute all the zoning requirements applicable to this Planned Development. Concept Plan: Development shall be in conformance with the Concept Plan attached herewith; however, in the event of conflict between the Concept Plan and the written conditions of this ordinance, the written conditions shall apply. Subsequent Submittals: A Development Plan shall be submitted for public hearing review and approval of the Planning and Zoning Commission and City Council. The Development Plan shall conform to the approved Concept Plan and conditions of the Planned Development, and shall serve as the Preliminary Plat. IV. Specific Regulations: i. General Residential Regulations 1. Density: The maximum number of Single Family Dwelling units permitted in this Planned Development shall not exceed 600 S.F. Units. In the event the Parks Department accepts the proposed Park and Linear Trail depicted on the Zoning Exhibit the maximum number of units shall be reduced to 0-500 units. In the event Wylie ISD elects to construct a school on the proposed school site depicted on the Zoning Exhibit, the maximum number of units shall be reduced to 560 units. In the event the school and park are both developed according to the Zoning Exhibit, the maximum number of units shall be 54-0460.607 2. Lot Mix: A minimum of 10% of the Single Family Lots will be in excess of 12,000 sf. A minimum of 4560% of the Single Family Lots I will be 10,000 sf or greater. No Single Family lot shall be less than 87,500. For the purposes of determining these percentages, all calculations shall be on a cumulative basis. 3. Alleys shall not be required as part of this Planned Development. However, no garages shall face the street in front of each Single Family Lot. This can be accomplished either through swing driveways or alleys. However, when three car garages are constructed on a lot and a "2&1" configuration is used, the single car door may face the street. Garages may face the street on a corner lot side yard. 4. Distribution of the Single Family Dwelling Unit types shall be distributed within the development as shown on the Development Plan/Preliminary Plat submitted with each phase. 5. The minimum house size for a residence in Braddock Place shall exceed 2,400 sf for the entire development. ii. Single Family 1. Lot Area: The minimum permitted lot areas are: a. Lot Type"A": 10,000 s.f. b. Lot Type"B": 87,500 s.f. 2. Lot Width: The minimum permitted lot widths (measured at the building line) are: a. Lot Type"A": 70 feet b. Lot Type "B": 65 feet 3. Lot Width of Corner Lots: The minimum lot widths of corner lots (measured at the building line) are: a. Lot Type "A": 75 feet b. Lot Type "B": 70 feet 4. Lot Depth: The minimum permitted lot depths are: a. Lot Type"A": 100 feet b. Lot Type `B": 100 feet 5. Lot Depth in Double Front Lots: The minimum permitted lot depths on double front lots are: a. Lot Type "A": 120 feet b. Lot Type `B": 120 feet 6. Minimum Dwelling Unit Square Frontage: The minimum permitted square footages are: a. Lot Type"A": 2,400 s.f. b. Lot Type `B":_ 50% of the Type B Lots 2,400 s.f. 25% of the Type B Lots 2,300 s.f. 25% of the Type B Lots 2,200 sf 7. Main Structure Front Yard: The minimum Front Yard Setbacks are: a. Lot Type"A": 25 feet b. Lot Type`B": 20 feet 8. Main Structure Side Yard: The minimum permitted side yards (measured at the building line) are: a. Lot Type "A": 10%lot width b. Lot Type `B": 10% lot width 9. Main Structure Side yard on Corner Lot: The minimum permitted side yard setbacks adjacent to a street are: a. Lot Type "A": 15 feet b. Lot Type `B": 15 feet 10. Main Structure Rear Yard: The minimum permitted rear yards shall be the lesser of: a. Lot Type"A": 20 feet b. Lot Type `B": 20 feet 11. Main Structure Rear Yard on Double Front Lots: The minimum permitted rear yards on double front lots are: a. Lot Type"A": 30 feet b. Lot Type`B": 30 feet 12. Main Structure Height: The maximum building height of any residential main structure shall not exceed 36 feet on all lot types. 13. Permitted uses: Permitted in all Single Family Residential Districts shall include the uses specified in the SF 8.5/17 District, except that D, rare Facilities shall be allowed a mitted , ithout a Special Use Permit. A retirement home, nursing home, and assisted living facility shall be a permitted use without a Special Use Permit on the Property. 14. Accessory Structure Front Yard: Accessory structures shall be located behind the building line of the main structure for all lot types. 15. Accessory Structure Side Yard: The minimum permitted side yard for accessory structures shall be 5 feet for all lot types. 16. Accessory Structure Rear Yard: The minimum permitted rear yard for accessory structures shall be 10%of the lot depth for all lot types. 17. Accessory Structure Rear Yard on Double Front Lots: The minimum permitted rear yard for accessory structures on double front lots shall be 25 feet for all lot types. 18. Accessory Structure Side Yard on Corner Lots: The minimum accessory structure side yards on corner lots are 10 feet for all lots. 19. Accessory Structure Minimum Distance from Main Building: The minimum separation between the main building and an accessory building shall be 5 feet for all lot types. 20. Accessory Structures Building Area: The maximum cumulative building size for accessory structures on any lot shall not exceed a 600 s.f. maximum. This does not limit amenity centers that are part of a single family development. 21. Accessory Structure Height: The maximum building height of any accessory structure shall not exceed a maximum height of 36 feet or 2 stories on all lot types. V. Single Family Base and Desirable Requirements of the Village Residential District (Figure 3-14) shall apply fully to all phases of the Planned Development. 1.A landscaped berm and split rail fence shall be allowed along FM 544 in place of the required masonry screening wall. The berm shall be planted with a combination of hardwood and evergreen trees, irrigated by an underground system, and grassed with Bermuda, buffalo, or a rye/Bermuda mix. All open space areas will be maintained by the HOA. VI. Common Area Platting: All street medians, green belts and common areas not dedicated to the City must be maintained by the HOA, and shall be clearly delineated as such and the acreage shown for each common area on the final subdivision plat. VII. Tree Preservation: Toward the goal of preserving as many existing trees (8 in. caliper or larger) possible, a tree management plan provided by the owner as preserves at least 25% of the riparian tree cover shall be approved by the director of planning prior to commencement of an grading or infrastructure or improvements within the area of this Planned Development. VIII. Landscape Zone: In an effort to preserve the agricultural heritage of the Rice farm, as indicated by the existing fence line trees, the developer shall preserve all hardwood trees with a caliper of 8 inches or greater located within an edge zone that extends 3 feet from perimeter property line. IX. Screening and Landscape: A screening and landscape berm with split rail fence shall be provided along FM 544 in lieu of the brick screening wall . The berm shall have a sculpted, undulating form. A conceptual landscape plan to be provided with the Preliminary Plat. X. Transition Zone: In an effort to make a land use transition from the existing homes in the Twin Creek Ranch Subdivision, the developer shall establish an edge, one lot deep, of lots along the south western property line of this development that have a minimum lot size of 10,000 square foot and a minimum house size of 2,400 sf. In an effort to make a land use transition from the existing Pulliam residence north of the Property, the developer shall: (1)Establish an edge, one lot deep, of lots along the northern property line of this development that have a minimum lot size of 12,000 square foot and a minimum house size of 2,400 sf. and (2) Create a thirty foot (30') landscape buffer between the Pulliam property and Braddock Place that will be planted with evergreen trees thirty feet (30') on center along the edge of the property. XL Homeowners Association: Prior to the issuance of a certificate of occupancy for any dwelling unit, a set of bylaws and/or other restrictive and appropriate covenants and/or homeowner's agreement as approved by the City Attorney and duly recorded in the Deed Records of Collin County, to establish and maintain a Homeowner's Association for the ownership and maintenance of all non- dedicated common areas and improvements within the Planned Development District, shall be filed with the Building Inspections Department. XII. Amenity Centers: The developer will construct tan amenity centers in the Subdivision. Each The amenity center will feature a pool, playground, and cabana. These amenity centers will be for the residents of Braddock Place only and be maintained by the HOA. XIII. The Developer of the Braddock Place has met with the Wylie Independent School District and discussed the following terms for an elementary school site in Braddock Place: i. A mutually agreeable site within Braddock Place. ii. The exact size, location, and circulation pattern shall be shown on the Development Plan submittal for that portion of the Planned Development. r.-7111111 35' MIN. '/! SPLIT RAIL /'' FENCE .XI 4:1 4.7- N.,„2 /1 SLOPE I ivx%5. i'P▪ROPERTY i ,-• BERM DETAIL -30' OPEN SPACE WITH ;i!i .:J -. 1r N S CEDARS • 30' O.C. VICINITY MAP •OR OTHER EVERGREENS) I i NTS T ///i//,,,,,,, ,,,,,,/,,�////,, I 1 t •$ I ! 80' TIP (70' MIN) 65' TIP (65' MIN) , ! ________I_________., - a M & SPLIT 17 R i '� , 20' 20' I_ ! ! ( E BERM )E A�L{ I j! i f ,z � '2 1 I 'TI �j�, 4 I -7' OR 10% Io 6.5' OR 10% to S.' ►.z! _ - i S -i I 111 .r � ! POTENTIAL i�/'� 1 i In I co ii SCHOOL S I E / %' ' . i } N } I, 1 ! 25' FRONT I" I 20' FRONT I^ 1-_-7 Ii i /' t I i 1 .i i i'' I I TYPE A TYPE B ._ _bR _-_-4L._-_--. r' I) TYPICAL LOT DIMENSIONS i !PARK% ! NTS i ' I i l ,' ii i • A MINIMUM OF 60% OF THE TOTAL LOTS MUST 14' r' _-- "1 i I i BE 10,000 SF, OR TYPE 'A' LOTS. 1 I I1 • MAXIMUM HEIGHT = 36 FT ---J` \- , ; i_ t I i 1 j - I li 1 11 1 1 1 1 i 1 1 i 1 1 1 1 1 I _ 1 i 1 i ii t J411 i / * . 1 i :, : !, It, iz r • ) iI \ • ,, / ,y, `• III \ .� ' ` DALLAS COUNTY i ` j r••_.._..� , / i iiyk . ./, I. ALL COMMON AREAS, INCLUDING BERMS ALONG FM 544, ARE , TO BE MAINTAINED BY HOA. ' j p A_ ��" 2. 10'/. OF THE TOTAL LOTS WITHIN THE SUBDIVISION SHALL BE ''gy '\, , ,N A MINIMUM OF 12,000 SF. ' �' . �•` VY 3. MINIMUM LOT SIZES OF 12,000 SF SHALL BE REQUIRED ADJACENT \' / i TO THE 30' OPEN SPACE AT THE NORTH EDGE OF THE TRACT. z" _-"_"y____0' 4100' 800' 4. MINIMUM LOT SIZES OF 10,000 SF SHALL BE REQUIRED ALONG ' I THE SOUTHWESTERN PROPERTY LINE OF THE TRACT. SCALE: 1' . 400' PREPARED FOR: PREPARED BY: BRADDOCK PLACE SKORBURG COMPANY KENNEDY CONSULTING, INC. ZONING EXHIBIT 3838 OAK LAWN AVE., SUITE 1212 808 S. COLLEGE ST., SUITE 300 11105.2 ACRE TRACT DALLAS, TX 75219 214-522-4945 MCKINNEY, TX 75069 972-542-1754 WYLIE, TEXAS CITY OF WYLIE Item No. 7 City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: January 25, 2005 Special Called Meeting Department: Planning Department Prepared By: Claude Thompson Date Prepared: January 5, 2005 Exhibits: 12 ' AGENDA SUBJECT: Hold a public hearing and consider a recommendation to the City Council concerning a change in zoning from Agriculture (A)to Planned Development District (PD) for single-family residential uses. ZC 2004-26. Applicant is requesting withdrawal of this request. RECOMMENDED ACTION: Planning and Zoning Commission voted 5 — 0 on January 4, 2005, to accept withdrawal of the zoning request. SUMMARY: Owner—Birmingham Memorial Land Trust Applicant— Skorburg Company The applicant is requesting that this request be WITHDRAWN. However, because the request has been published and several neighboring property owners have responded, the Council's official acceptance of the withdrawal is appropriate. Property totals 63.76 acres, east of Cimarron Estates and west of CR 434/Bennett Road. Annexed July 24, 2001. Notification/Responses— Six (6) written responses opposed. Requires simple majority to approve. COW sewer, Eastfork water. WISD has expressed interest in this site for a high school campus. APPROVED BY: Initial Date Department Director: CT \ 1/13/05 City Manager: ,41V AGENDA SUBJECT: Hold a public hearing and consider a recommendation to the City Council concerning a change in zoning from Agriculture (A) to Planned Development District (PD) for single-family residential uses. ZC 2004-26. Applicant is requesting withdrawal of the subject property. SUMMARY: Planned Development zoning in not justified. No constraints of the property have been documented and request offers limited development innovations other than reduction of existing code requirements. Conditions of PD—compared to standard SF-20/21 zoning • 110 maximum Single Family lots with minimum lot size of 18, 000 s.f and average of 20,000 s.f., or proposed density of 1.7 d.u./ac. (same as recommended by Comp Plan and standard SF-20) • 2,400 s.f minimum dwelling size (larger than 2,100 minimum of SF-20) • Modified dimensional requirements - 80 ft. lot width (narrower than 100 ft. of SF-20) - 35 ft. front yard setback (deeper than 30 ft. of SF-20) - 10 ft. side yard (narrower than 15 ft. of SF-20) • Land Design, Street and Architectural requirements same as ZO, except - no garage doors facing front street, except for 2&ls where the single door may face the street(garages may open to front street in SF-20) - landscaped berm w/rail fence to replace perimeter solid masonry wall • No alleys required—but no garages to face front street except single of 2+1 configuration. Alleys are not appropriate, because all lots back onto either thoroughfare or existing development without alleys and all other functions of alleys (access, utilities, drainage) are handled by other means. • Internal minor streets to be Estate Residential section of 32 ft. pavement w/open surface drainage w/in 60 ft. r-o-w, and City Engineer recommends approval. PD proposes full right-of-way dedication only but no paving for 4-lane divided Lake Shore Drive Loop which bounds perimeter of property on two sides (developer is normally responsible for r-o-w and 2 lanes pavement, and Concept Plan illustrates only 25 ft. r-o-w), and City Engineer recommends denial of this stipulation and recommends requiring developer to build or finance thru escrow the full share of Lake Shore improvements. • Tree preservation— save 25% of riparian trees 8 in. or larger on the entire area and all hardwoods 8 in. or larger w/in 3 ft. of perimeter property line (ZO encourages preservation of all trees outside of development rights—rights-of-way, building pads, easements). • HOA to own and maintain street medians and common areas. • Park land dedication for 110 lots requires 5.5 ac. to be determined at future platting (code limits dedication to 5 ac. minimum). Financial Considerations—estimated annual at current levels • Revenues, +/- $116,676 property tax • Expenses, maintenance of streets and park currently unknown 2 ott,u% •,5:3 Oak Lawn Ave„ Ste 1212 41Jas;TX 75219 (4/522-4945 • Ix: 214/522-7244. • • " Ianuary 3,2004 • • . ' KOR11 :R( • COMPANYnim Mr. Claude Thompson Director of Planning - City of Wylie 2000 HWY 78 Wylie,TX 75098 Re:ZC 2004-26 Lewis Property Dear Claude: Please accept this letter as the withdrawal of the request for zoning on the Lewis Property. Please call me with any questions. Cordially, Ryan Betz Development Partner • • P.JR:4:!.14,-T.1:5FROA 9)1!;.:CiS P.111A sir P.:Ti NtIFC:OARANIFFri S:VOti iRrIrT It)i Nr;r11.41,11r;rt aNcinmw-cow,rx ANT.na ni.arbAA:r;4,37 r At torn,:42. i -n ........_......_........_...................,f...............-.MINIP.- 1 1 0 1 1 i \..s. ------ .... . , . 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A LOCATION MAP ZONING CASE #2004-. 26 . • Exhibit "B" CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT Lewis Property Zoning Case# Planned Development Requirements: I. Statement of Purpose: The purpose of this Planned Development District is to permit the development of LEWIS PROPERTY. II. Statement of Effect: This Planned Development shall not effect any regulation found in the Comprehensive Zoning Ordinance as adopted and amended, except as specifically provided herein; III. General Regulations: All regulations providing for a Suburban Residential District as set forth in Section 3.3 Suburban Residential District of the current Comprehensive Zoning Ordinance are included by reference and shall apply, except as otherwise specified under the special provisions hereunder. The conditions contained herein and the conditions of the current Comprehensive Zoning Ordinance, which are not amended by this Planned Development, shall constitute all the zoning requirements applicable to this Planned Development. Concept Plan: Development shall be in conformance with the Concept Plan attached herewith; however, in the event of conflict between the Concept Plan and the written conditions of this ordinance, the written conditions shall apply. The Concept Plan shall be submitted for public hearing review and approval of the Planning and Zoning Commission and City Council. The Concept Plan shall conform to the conditions of the Planned Development, and shall serve as the Preliminary Plat IV. Specific Regulations: i. General Residential Regulations 1. Density: The maximum number of Single Family Dwelling units permitted in this Planned Development shall not exceed 110 S.F. Units. 2. Lot Mix: The minimum lot size shall be in excess of 18,000 sf. The average lots size shall be 20,000 sf. 3. Alleys shall not be required as part of this Planned Development. However, no garages shall face the street in front of each Single Family Lot. This can be accomplished either through swing driveways or alleys. However, when three car garages are constructed on a lot and a "2&1" configuration is used, the single car door may face the street. Garages may face the street on a corner lot side yard. 4. Distribution of the Single Family Dwelling Unit types shall be distributed within the development as shown on the Development Plan/Preliminary Plat submitted with each phase. 5. The minimum house size for a residence in Lewis Property shall exceed 2,400 sf for the entire development. ii. Single Family 1. Lot Area: The minimum permitted lot areas are: a. Lot Type"A": 18,000 s.f. 2. Lot Width: The minimum permitted lot widths (measured at the building line) are: a. Lot Type"A": 80 feet 3. Lot Width of Corner Lots: The minimum lot widths of corner lots (measured at the building line) are: a. Lot Type"A": 90 feet 4. Lot Depth: The minimum permitted lot depths are: a. Lot Type "A": 130 feet 5. Lot Depth in Double Front Lots: The minimum permitted lot depths on double front lots are: a. Lot Type"A": 150 feet 6. Minimum Dwelling Unit Square Frontage: The minimum permitted square footages are: a. Lot Type"A": 2,400 s.f. 7. Main Structure Front Yard: The minimum Front Yard Setbacks are: a. Lot Type "A": 35 feet 8. Main Structure Side Yard: The minimum permitted side yards (measured at the building line) are: a. Lot Type"A": 10 feet 9. Main Structure Side yard on Corner Lot: The minimum permitted side yard setbacks adjacent to a street are: a. Lot Type "A": 20 feet 10. Main Structure Rear Yard: The minimum permitted rear yards shall be the lesser of: a. Lot Type"A": 25 feet 11. Main Structure Rear Yard on Double Front Lots: The minimum permitted rear yards on double front lots are: a. Lot Type"A": 30 feet 12. Main Structure Height: The maximum building height of any residential main structure shall not exceed 36 feet on all lot types. 13. Permitted uses: Permitted in all Single Family Residential Districts shall include the uses specified in the SF 20/19 District, except that Day Care Facilities shall be allowed a permitted use without a Special Use Permit. A retirement home, nursing home, and assisted living facility shall be a permitted use without a Special Use Permit on the Property. 14. Accessory Structure Front Yard: Accessory structures shall be located behind the building line of the main structure for all lot types. 15. Accessory Structure Side Yard: The minimum permitted side yard for accessory structures shall be 5 feet for all lot types. 16. Accessory Structure Rear Yard: The minimum permitted rear yard for accessory structures shall be 10% of the lot depth for all lot types. 17. Accessory Structure Rear Yard on Double Front Lots: The minimum permitted rear yard for accessory structures on double front lots shall be 25 feet for all lot types. 18. Accessory Structure Side Yard on Corner Lots: The minimum accessory structure side yards on corner lots are 10 feet for all lots. 19. Accessory Structure Minimum Distance from Main Building: The minimum separation between the main building and an accessory building shall be 5 feet for all lot types. 20. Accessory Structures Building Area: The maximum cumulative building size for accessory structures on any lot shall not exceed a 600 s.f. maximum. This does not limit amenity centers that are part of a single family development. 21. Accessory Structure Height: The maximum building height of any accessory structure shall not exceed a maximum height of 36 feet or 2 stories on all lot types. V. Single Family Base and Desirable Requirements of the Suburban Residential District (Figure 3-13) shall apply fully to all phases of the Planned Development. 1.A landscaped berm and split rail fence shall be allowed in place of the required masonry screening wall. The berm shall be planted with a combination of hardwood and evergreen trees, irrigated by an underground system, and grassed with Bermuda, buffalo, or a rye/Bermuda mix. All open space areas will be maintained by the HOA. VI. Common Area Platting: All street medians, green belts and common areas not dedicated to the City must be maintained by the HOA, and shall be clearly delineated as such and the acreage shown for each common area on the final subdivision plat. VII. Tree Preservation: Toward the goal of preserving as many existing trees (8 in. caliper or larger) possible, a tree management plan provided by the owner as preserves at least 25% of the riparian tree cover shall be approved by the director of planning prior to commencement of an grading or infrastructure or improvements within the area of this Planned Development. VIII. Landscape Zone: In an effort to preserve the agricultural heritage of the land, as indicated by the existing fence line trees, the developer shall preserve all hardwood trees with a caliper of 8 inches or greater located within an edge zone that extends 3 feet from perimeter property line. IX. Screening and Landscape: A screening and landscape berm with split rail fence shall be provided in lieu of the required brick screening wall . The berm shall have a sculpted, undulating form. A landscape plan will be provided with the Final Plat. X. Streets: The internal streets of the Lewis Tract shall have a fity foot(50') right of way, but shall not require curb and gutter improvements typically associated with residential construction in Wylie. The standard paving section for the internal residential streets shall be as shown below. The ultimate right of way for County Road 434 (Bennett Road) shall be dedicated to the City. No paving improvements shall be made to Bennett Road. VAR. WIDTH 60' R.O.W. VAR. WIDTH U.&0.E. 32' • U.&O.E. VAR. 2'. VAR. 2 16' 16' 2'r. VAR. 2' VAR. 6" PAR. CROWN E" `; ,• / 6" THICK. 3600 PSI ., CONCRETE W/ •3 Air A'?' BARS 0 18" O.C.E.W. y` SUBGRADE X WE E STAB. PER CITY & GE'OTECH. STOS. 8" WATER SAN. SEWER FRANCHISE UTILITIES ESTATE RESIDENTIAL PAVEMENT SECTION N.T.S. XI. Homeowners Association: Prior to the issuance of a certificate of occupancy for any dwelling unit, a set of bylaws and/or other restrictive and appropriate covenants and/or homeowner's agreement as approved by the City Attorney and duly recorded in the Deed Records of Collin County, to establish and maintain a Homeowner's Association for the ownership and maintenance of all non- dedicated common areas and improvements within the Planned Development District, shall be filed with the Building Inspections Department. AN'•a urrnor 111111111MINIMMINI .000 Age .00I OW ,0 III i r i 1 1 i ! 1 i I ! ! i I. 7 —1 • • i ! ! i i 1 .! ! ----_ i 1 . 1 1 i 1 • ii g! I r .0. W 11111111111111111111111 \\1111.1 1bl I 1 I 1 1 1 ....'. ./4./ 1 I ..,.,/,. ,• 1 1 i . . 1 . . • . 1 . ,. • .....- .. . 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A 4 �� 3 -p:�r, Ys J ., C r 1r.e++7 1 z,.: . .. � .kkp z1� J^" �4a, �Y` !,ty 0 �„E @tt�n � s 4 41T34 „ , 4 '1 m +t,�,'Sa.Yar,' ® ,_ O + r ii;: .„:*;v3� 4`4 "' ., l ?. 4 �" : r v S a ;. 'E 4„s tq n.Z. 4!r'�c rEa Y o-"< r 'rk b }� VI R'�t�I.1 "�^ . �f 0 'di . 'a;7rff rk�lkr,hfit+. tf— .AK:S k •, •• ,,'.. , ., ", r' ::-r.S.+u t 41fC`Sf1D ey� i,,. _ Lo,,..._,,';:''r f. ZONING CASE #2004-26 NOTIFICATION REPORT APPLICANT: Ryan Betz of Skorburg Company APPLICATION FILE #2004-26 3838 Oak Lawn Dallas, Texas 75220 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant- Ryan Betz 3838 Oak Lawn 1 Skorburg Company Dallas, Texas 75220 Cimarron Est. II 316 Capps Drive 2 Blk A Lot 26 R-8143-00A-0260-1 Omar Lima Wylie, Texas 75098 Cimarron Est. II 314 Capps Drive 3 Blk A Lot 27 R-8143-00A-0270-1 Jennifer Swartz Wylie,Capps Drove Cimarron Est. II 4 Blk A Lot 28 R-8143-00A-0280-1 Jessica Tigert Wylie, Texas 75098 Cimarron Est. II 310 Capps Drive 5 B►k A Lot 29 R-8143-00A-0290-1 Reynaldo Lopez 308 Capps s s 75098 Cimarron Est. II Drive 6 Blk A Lot 30 R-8143-00A-0300-1 Cory Renfro Wylie, Texas 75098 Cimarron Est. II 306 Capps Drive 7 Blk A Lot 31 R-8143-00A-0310-1 Bernice Wery Wylie, Texas 75098 Cimarron Est. II 304 Capps Drive 8 BIk A Lot 32 R-8143-00A-0320-1 Prescilla Barbosa Wylie, Texas 75098 Cimarron Est. II 302 Capps Drive 9 Blk A Lot 33 R-8143-00A-0330-1 Katie Brown Wylie, Texas 75098 Cimarron Est. II 300 Capps Drive 10 Blk A Lot 34 R-8143-00A-0340-1 Jaime Gonzalez Wylie, Texas 75098 Cimarron Est. II 2936 Montague Trail 11 BIk A Lot 35 R-8143-00A-0350-1 Carl Garrison Wylie, Texas 75098 Cimarron Est. II 2937 Glendale Drive 12 BIk A Lot 56 R-8143-00A-0560-1 _ Bette Rivera-Lemay Wylie, Texas 75098 Cimarron Est. II 216 Palmdale Drive X13 Blk A Lot 57 R-8143-00A-0570-1 Meredith Revier Wylie, Texas 75098 Cimarron Est. II 214 Palmdale Drive 14 BIk A Lot 58 R-8143-00A-0580-1 David Harris Wylie, Texas 75098 Cimarron Est. II 212 Palmdale Drive 15 Blk A Lot 59 R-8143-00A-0590-1 Junaid Najamuddin Wylie, Texas 75098 Cimarron Est. II 210 Palmdale Drive Y16 BIkA Lot 60 R-8143-00A-0600-1 Philip Johnson Wylie, Texas 75098 X Cimarron Est. II 208 Palmdale Drive 17 BIk A Lot 61 R-8143-00A-0610-1 Linda Hodges 206 Wylie, Texas 75098 e 098 Cimarron Est. II 18 BIk A Lot 62 R-8143-00A-0620-1 Kevin Resinto Wylie, Texas 75098 Cimarron Est. II 204 Palmdale Drive 19 Blk A Lot 63 R-8143-00A-0630-1 Steven Skinner Wylie, Texas 75098 Cimarron Est. II 202 Palmdale Drive 20 BIk A Lot 64 R-8143-00A-0640-1 Christopher Benner Wylie, Texas 75098 Cimarron Est. II 200 Palmdale Drive 21 BIk A Lot 65 R-8143-00A-0650-1 Stevan Newbold Wylie, Texas 75098 Cimarron Est. II 2936 Sheridan Lane 22 BIk C Lot 35 R-8143-00C-0350-1 Robert Knowles Wylie, Texas 75098 Cimarron Est. II 2937 Montague Trail 23 BIk C Lot 36 R-8143-00C-0360-1 Miguel Hurtado Wylie, Texas 75098 Cimarron Est. II 2936 Glendale Drive 24 Blk D Lot 35 R-8143-00D-0350-1 Vijaichand Sand Wylie, Texas 75098 Cimarron Est. II 2937 Jamestown Drive 25 Blk D Lot 36 R-8143-00D-0360-1 Juan Gonzales Wylie, Texas 75098 Cimarron Est. II 2938 Jamestown Drive I X 26 BIk E Lot 20 R-8143-00E-0200-1 Troy Rowe Wylie, Texas 75098 i 27 28 29 30 ' 31 i I 32 33 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2004-26. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-26. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,January 4,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,January 25,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: IL '14i Rtte' s (please print) Address: Li(-I I•e Q S L'Pc'""2-i t-c—Cku 0c'�1 o. t 1_ ‘I9o ) 9SI S„-(4 c--(e-ee , .7S-eciir Signature: Date: Ql /0* a-s COMMENTS: ors. 0 rn 4 4•z 1'r�v - o Gi s l f/-t t . F/'r S .,.l✓l / t` s J bei--i 1 45,d e,t ' 5 ,-( / C' sic c( A/ 14 Sc.- .- n-t/� i-'fi`lch i 1 K/ D Pc.-1 / �-1 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2004-26. / I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-26. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, January 4,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, January 25,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: / r Oy RV—Li '_ (please print) Address: �C7 3 ��ct►a�fS 100►• r . Iaf1,c 7 Oii E Signature: Date: f l/ L/ COMMENTS: (J r o ci el5 c i ct-o of S c.-bj r C1 p/Ope r--y it/le 4I,( ��e.e� ��fj %C � r.�S (✓t),-( c PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2004-26. XI am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-26. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,January 4,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,January 25,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: i l 6RED J1 e i p (please print)Address: al ,(, T p A b r OA( _E. 01 . 1.o`l ( _ I e ,-7"1X �7 Soq 0 Signature: ./<.1? cd ` CoAA e_1 Date: IQ, l I ` a O O `7 COMMENTS: "- _CS- . cufry of tfat .ki ,'r& i (yyt-ir:4_, fy\010-1. A--rAiz-w 1 0.--‘ . (-Aiuy). di rvo-c?,q -71--W1 EATN &t,t 4 ] :tip c._AAA1-}A.k6.k.�,,ei Qtrr-Lki.yn. rory-f-T ci— iv"-c:iti;Ym— l ' 3" _ . (1t1 `fit ca n '�__U'Lte ��.1•Ct- �1 Me.-L- ' PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2004-26. 17- I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-26. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,January 4,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,January 25,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: Ld 0. 0\ s (please print) "� Address: o�O �0A'sm `u r Signature: Date: 1 a laQ L COMMENTS: �Q. bowyA,i- Lecc QA. & - of ti - o� Q.1 W e. kjj L 3c -c . . . h.er-e � aivo, • w.4 a ► y 1, PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2004-26. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-26. Date,Location.&Time of Planning&Zoning Commission meeting: Tuesday,January 4,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,January 25,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: MA j D J. ---Sa 11 ►-fin (please print) ,, Tr. Address: a�0 1UJ'(1 d i\e . v4q 11'e., l „ --730qg Signature: Ill ,� [ • < Wk. Date: la- o� ./0-1 COMMENTS: 4 t• �_► � / �.l� �.�ALL. .o tat. (l Dec 21 04 09: 49a City Of Wylie Planning 972 442-8115 p• 7 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the r quested zoning as explained on the attached public notice for Zoning Case #2004-26. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-26. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,January 4,2005,7:00 pm 78 North,Wylie,Texas Municipal Complex,2000 Highway Date,Location&Time of 25,2005,6:00 pm City Council meeting: Tuesday.January • Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: C ENE 'i (please print) Address: 50 1 a laE r I y'� 1 E '-rJe 7569 ? Signature: /`7LCv Date: �- O COMMENTS: • .:E c - FEEL THE 17 ; r L ,R1-`/ S1-touL0 RE. DEV Plr 1., 1 KL 7-1-1L SL(120ttIVOin/(r r7F2CH dt)I Ti4 TWO 14o iE j?)A Itv7"Rlry T4E /�u2i9� rn7v3pMfg or T'1-1E NL t6-HiFoc1-Ho0 • Dec 21 04 09: 49a City Of Wylie Planning 972 442-8115 P. 7 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case t12004-26. \;` I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-26. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,January 4,2005,7:00 pm Municipal Complex,2000 Highway 73 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,January 25,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas • Name: :r ��'_ '�._1 1 (please print) Address: ( ; ) i 113 Signature: L_ :�C {--ai 1 i" IC l_.,. Date: t c ' ( . • COMMENTS: ) / + / PPS c L --�Cj CCU --fI -Jc;�k-..i Yl (It (AY1LL—/ ( . C- ,cXZ/e k,21 7') ',e/YL.-.( i , r) titled L€A ;( i (IA' t /1 mat J . ,,a/tcQ • .6" a.ti-euf-frOYY) /16-ufe. „ovv.t.,t r 7