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02-09-1993 (City Council) Agenda Packet AGENDA WYLIE CITY COUNCIL FEBRUARY 9, 1993 7:00 P.M. MUNICIPAL COMPLEX CALL TO ORDER INVOCATION - Reverend Al Draper PLEDGE OF ALLEGIANCE CONSENT AGENDA 1 . Consider Approval of the Minutes of January 14, January 23, and January 26, 1993 APPOINTMENTS 2. Appointment with Betty Stewart, Representing Lone Star Gas Company, Regarding Intent to Increase Rates Filed on February 2, 1993 3. Appointment with Darrell Prcin, Representing TU Electric, Regarding Intent to Increase Rates Filed on January 22, 1993 - PUBLIC HEARINGS 4. Hold Public Hearing and Consider Approval of an Ordinance Granting a Request from Starlite Corporation for a Change in Zoning from "A" Agricultural to "SF-1" Single Family on a 94.18 Acre Tract of Land Located in the Vicinity of McMillen Road and FM-1378 and Preliminary Plat for McMillen Farms Addition 5. Hold Public Hearing and Consider Approval of an Ordinance Amending the Comprehensive Zoning Ordinance to Amend "SF-1 1, "SF-2", and "SF-3" Single Family Zoning Categories Regarding Height Regulations Pertaining to Architectural Features ACTION ITEMS 6. Discuss and Consider Approval of a Resolution Calling the 1993 Municipal Election 7. Discuss and Consider Approval of an Ordinance Amending Pro-Rata Requirements 8. Discuss and Consider Award of Proposal for Engineering Services for Proposed NTMWD Gravity Sewer Main 9. Discuss and Consider Approval of an Ordinance Regulating the Display of Sexually Explicit Materials 10. Discuss and Consider Approval of an Ordinance Amending Athletic Field Policies 11. Discuss and Consider Approval-of a Request from W.S.A. for Use of City Park Areas for Opening Day Ceremony STAFF REPORTS 12. City Manager's Report 13. City Attorney's Report CITIZEN PARTICIPATION EXECUTIVE SESSION 14. Hold Executive Session Under Article 6252-17 V.A.C.S. to Discuss Personnel: Appointments to Boards and Committees 15. Reconvene Into Regular Session and Take Any Necessary Action as a Result of the Executive Session ADJOURNMENT City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Mary Nichols DIRECTOR: City Secretary DATE REFERENCE NO. SUBJECT 2/5/93 1 Minutes SUMMARY OF SUBJECT: Attached are the minutes of your last meeting and your last two worksessions. Council may approve the minutes as is or with changes. ALTERNATIVES: Approve the Minutes Table the Minutes Approve the Minutes with Corrections and/or Changes ACTION REQUESTED: REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ • CAPITAL 0 RECURRING 0 OTHER COMMENTS: USER DEPARTMENT COMMENTS: - SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY _ PUBLIC WORKS SUPR. FIRE CHIEF • • DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER MINUTES OF THE WYLIE CITY COUNCIL JANUARY 26, 1993 CALL TO ORDER 5 Mayor John Akin called the meeting to order with the following Councilmembers present; Jim Swartz, Reta Allen, Jay Davis, Ortie Messenger, Steve Wright, and Bud Naish. No Councilmembers were absent. 10 GOVERNMENT FINANCE OFFICERS ASSOCIATION AWARD FOR EXCELLENCE IN FINANCIAL REPORTING Mayor Akin presented Finance Director Brady Snellgrove and Prudence Kling with the GFOA Award. Akin explained that the Finance Department had one the award for excellence 15 in financial reporting for three years in a row. CONSENT AGENDA 1) Minutes of December 8, 1992 and January 12, 1993 20 2) Resolution No. 93-2 approving an annexation request from the City of Sachse in the Wylie extra territorial jurisdiction A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, 25 APPROVING A REQUEST FROM THE CITY OF SACHSE TO ALLOW ANNEXATION OF TERRITORY LOCATED WITHIN THE WYLIE EXTRA TERRITORIAL JURISDICTION AND DESCRIBED HEREIN 3) Ordinance No. 93-3 adopting the 1991 Uniform Building Code 30 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING THE 1991 EDITION OF THE UNIFORM BUILDING CODE AND THE 1991 EDITION OF THE UNIFORM BUILDING CODE STANDARDS REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, 35 CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF ALL BUILDINGS OR STRUCTURES IN THE CITY OF WYLIE; PROVIDING FOR ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR; PROVIDING FOR PENALTIES FOR THE VIOLATION THEREOF, REPEALING CONFLICTING PORTIONS OF ORDINANCE 88-28 AND ALL OTHER CONFLICTING 40 ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE 4) Ordinance No. 93-2 adopting the 1990 National Electrical Code 45 AN ORDINANCE OF THE CITY OF WYLIE TEXAS,ADOPTING THE 1990 EDITION OF THE NATIONAL ELECTRICAL CODE,AMENDING SECTIONS 4.01 THROUGH 4.55, INCLUSIVE, REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE 1 50 Mayor Akin read the ordinance captions. Messenger made a motion to approve the Consent Agenda. Naish seconded the motion. The motion was voted on and passed unanimously. PETITION FOR "NO-PARKING" ZONING ON STONEYBROOK DRIVE/PETITION OPPOSED TO PARKING RESTRICTIONS ON STONEYBROOK DRIVE 55 In response to a petition for "no-parking" submitted by Kevin Kerr on January 12th, Council received public comment regarding parking on Stoneybrook Drive. Barbara Cobern, of 405 Stoneybrook, presented a counter-petition opposing parking restrictions which contained signatures representing 24 residences on Stoneybrook. 60 Council discussed providing "no-parking" on a single side of the street, providing "no- parking" on both sides of the street, or during peak traffic hours as well as lowering the speed limit. City Manger Steve Norwood stated that one accident had been reported on Stoneybrook in the past 18 months and police department monitoring had yielded one speeding ticket and 65 a reasonable number of cars parked on the street at any given time. Naish made a motion to deny the "no-parking" request as stated in the petition and to instruct staff to include Stoneybrook in the thoroughfare plan review. Swartz seconded the motion. The motion was voted on and passed unanimously. 70 IMPACT FEE WAIVER REQUEST FROM ROBERT FUSTON AND JOHN WILLINGHAM Council acted on the request tabled from the January 12th Council meeting. Norwood explained that the developers, required by ordinance to pay $4920 in impact fees for two four- 75 plex structures, had requested a waiver to the fees that exceeded $1100 per building claiming they had been given mis-information. Norwood explained that they had been given a generic answer to an impact fee question and procedures were being amended to prevent future mis- understandings. City Attorney Steve Deiter explained that the City ordinances made no provisions for waivers. Messenger made a motion to deny the request. Wright seconded the 80 motion. The motion was voted on and passed unanimously. ORDINANCE 93-5 AMENDING UTILITY RATES The City Manager made a presentation explaining current revenues from utility fees, 85 making a fee comparison with other cities, demonstrating the amount of revenue required for needed utility improvements, and showing the amount of debt that could be issued for the improvements based on the addition revenues provided by the proposed increases. He explained that the increases would be reflected on the March 15th water bills. Wright made a motion to approve the ordinance. Mayor Akin read the ordinance caption. Messenger 90 seconded the motion. The motion was voted on and passed unanimously. AN ORDINANCE OF THE CITY OF WYUE,TEXAS, ESTABUSHING WATER AND SEWER RATES FOR THE CITY OF WYLIE,AMENDING SECTION OF APPENDIX A OF THE WYLIE CITY CODE (THEREBY AMENDING ORDINANCE 84-12, ORDINANCE 90-18, AND ORDINANCE 91-7) REPEALING 95 CONFLICTING PORTIONS ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE 2 NCE NO.93-4 AMENDING THE TIME FRAME AND PROCEDURE OF PAYMENT OF IMPACT FEES 100 Norwood explained that the proposed ordinance would remove the requirement that the builder pay impact fees at the time of development and require that the developer pay impact fees at the time of platting. Mayor Akin read the ordinance caption. Swartz made a motion to approve the ordinance. Messenger seconded the motion. The motion was voted on and passed unanimously. 105 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,AMENDING THE IMPACT FEE ORDINANCE 90-1-, AS CODIFIED IN SECTION 19 OF CHAPTER 11 OF THE WYUE CITY CODE, REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE 110 INTERLOCAL AGREEMENT WITH THE TOWN OF ST. PAUL FOR FIRE PROTECTION SERVICES Norwood explained that the existing agreement from 1976 provides for the Town of St. 115 Paul to pay $300 to the City of Wylie for each structure fire and provides no payment for other assistance calls. He explained that the proposed agreement would require $500 for each call including structure fires, grass fires, and false alarms. Allen made a motion to approve the agreement with an amendment to include motor vehicles accidents as chargeable responses and to require review of the agreement every two years. Messenger seconded the motion. The 120 motion was voted on and passed unanimously. Norwood noted that the Town Council of St. Paul had not yet considered the agreement. AUTHORIZATION TO PURCHASE VEHICLES UNDER GENERAL SERVICES COMMISSION AGREEMENT 125 Messenger made a motion to authorize the purchase of the following vehicles as recommended by staff at State contract pricing through the General Services Commission Agreement: 130 # VEHICLES TO BE PURCHASED COST DEPARTMENT 2 3/4 Ton GMC Sierra Utility Trucks $14,147 Water/Sewer 1 3/4 Ton GMC Sierra Pick-Up Truck $12,683 Parks Dept. 1 Ford Ranger Short Bed Compact Truck $9,321 Meter Service 135 Allen seconded the motion. The motion was voted on and passed unanimously. STAFF REPORTS City Manager Steve Norwood told Council that a regional Planning and Zoning Workshop 140 was scheduled at Wylie City Hall from 7:00 p.m. to 9:30 p.m. on February 10th. Director of 3 Finance Brady Snellgrove explained the financial report and City Engineer Paul Beaver updated Council on the status of engineering projects. EXECUTIVE SESSION 145 Council adjourned into Executive Session under Article 6252-17 V.A.C.S. at 8:05 p.m. to discuss: a) Personnel: Appointments to Boards and Committees 150 b) Litigation: Don White vs. City of Wylie c) Litigation: Cambridge Income Fund vs. City of Wylie APPOINTMENTS TO EMS BOARD 155 Upon Council reconvening into regular session at 9:10 p.m., Swartz made a motion to appoint: Reta Allen 3 year term Robert Fultz 2 year term 160 Jeanie Kaufman 1 year term Davis seconded the motion. The motion was voted on and passed unanimously. AGREEMENT WITH DON WHITE 165 Messenger made a motion to accept a proposed agreement with Don White. Naish seconded the motion. The motion was voted on and passed with all in favor except Davis who was opposed. - 170 ADJOURNMENT As there was no further business to come before the City Council for consideration, the meeting adjourned. 175 APPROVED ATTEST 4 MINUTES OF THE WYLIE CITY COUNCIL WORKSESSION JANUARY 14, 1993 5 CALL TO ORDER Mayor Akin called the meeting to order with the following Councilmembers present: Jim Swartz, Reta Allen, Jay Davis, Steve Wright, Bud Naish, and Ortie Messenger. No Councilmembers were absent. 10 PRESENTATION Council heard a presentation from representatives of the Wylie Development Corporation, Collin County Jail Finance Corporation and Municipal Capital Markets 15 regarding the opportunity for the City of Wylie to submit a proposal for a 500 bed minimum to medium security detention facility. Representatives estimated the facility would provide 115 to 130 new jobs beginning at $18,000 annual salary, 2.5 million payroll and $100,000 per year in water and sewer service. Following the presentation the Council took no action. 20 UTILITY RATE STRUCTURE Council reviewed the current utility rate structure and discussed possible amendments that would bring Wylie's rates in line with other cities, and generate 25 additional revenue to service approximately 1.5 million dollars in future utility improvements. PUBLIC SAFETY MARKET ADJUSTMENTS 30 City Manager Steve Norwood discussed market adjustments recommended in the Fire Department and in the Police Department for patrol officers and sergeants. PERSONAL LEAVE POLICY 35 Norwood outlined a proposed change in the personal leave policy that would require employees to use personal leave time accrued for illness unless illness continued for more than three consecutive days, at which time an employee would be entitled to use past accrued sick leave. Norwood explained that the new policy would help reduce abuse of the current 22 days per year allowed for personal leave. 40 1 EXECUTIVE SESSION - 45 Council adjourned into Executive Session under Article 6252-17 V.A.C.S. at 9:56 p.m. to discuss litigation: James Johnson vs. City of Wylie. APPROVAL OF SETTLEMENT AGREEMENT 50 Upon reconvening into regular session at 10:10 p.m., Wright made a motion to authorize the City Manager to enter into an agreement with James Johnson as submitted to the Council. Messenger seconded the motion. The motion was voted on and passed with all in favor except Davis who was opposed. 55 ADJOURNMENT As there was no further business to come before the Council for consideration, the meeting adjourned. 60 APPROVED ATTEST 2 MINUTES OF THE WYLIE CITY COUNCIL WORKSESSION JANUARY 23, 1993 CALL TO ORDER Mayor John Akin called the meeting to order at 9:00 a.m. with the following Councilmembers present: Jay Davis, Bud Naish, Jim Swartz, Ortie Messenger, and Steve Wright. Reta Allen was absent. WORKSESSION Council reviewed in a strategic planning worksession those areas of the community and the organization of the City of Wylie which were successful and noted specific areas where improvement was needed. Council discussed goals for both the community and the organization. ADJOURNMENT As there was no official action to be taken by the City Council, the meeting adjourned at 1:15 p.m. APPROVED ATTEST City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Secretary DIRECTOR: Mary Nichols DATE REFERENCE NO. SUBJECT w 2/5/93 2 Appointment with Betty Stewart of Lone Star Gas 11 RE. trrterrt tQ Rye Rates SUMMARY OF SUBJECT: Attached are the statement of intent, rates proposed by Lone Star and our existing franchise ordinance. Lone Star has also submitted a sample ordinance that adopts - their adjusted rates. If Coucil chooses to accept Lone Star's proposal, we will put the ordinance on your next agenda. ALTERNATIVES: As this item is posted as an appointment no action is necessary at this time. However, if Council is inclined to consider adoption of the ordinance accepting the rates, we will put it on your next agenda February 23rd. ACTION REQUESTED: REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ • S CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL VIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. /s CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF y CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF • - DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER Lone Star Gas Company B.J.STEWART Manager P.O.Box 461965•Garland,Texas 75046 Customer Service&Accounting February 2, 1993 Mary Nichols, City Secretary City of Wylie Wylie, Texas Ms. Nichols: On February 2, 1993, I filed a Statement of Intent (Attachment No. 1) to change the rates charged for natural gas service in Wylie. The new rates will result in an estimated annual increase for Lone Star's Wylie distribution system of$71,281. The proposed increase in annual revenues is intended to allow Lone Star Gas Company the recovery of its expenses and also to provide Lone Star with the opportunity to earn a fair and reasonable rate of return upon the investment in the Wylie distribution system. A reasonable return is required in order to retain our present level of investors and attract new invested capital. The revenues, expenses and investment on which our filing is based have been measured as of June 30, 1992; this is the end of the test year. The proposed rate is based upon adjusted sales volumes (use per customer) consumed during the test year. -2- Attachment No. 2 is a summary of the Wylie distribution system's revenue requirement which is supported by documents recently filed with the city. The revenue required to operate this system, as with most other businesses in Wylie, equals the wholesale cost of the product plus operating expenses, federal income tax and a return on investment sufficient to make it worthwhile to stay in business. Lone Star's last rate increase in Wylie occurred in May, 1986. Since that time, revenues have become inadequate to cover operating expenses and still allow a reasonable return. Even though these expenses have continued to rise, Lone Star Gas Company still has one of the lowest operating costs per customer among the major gas utilities. With this proposed increase, Lone Star will be able to continue to provide its customers in Wylie an excellent quality of service at the lowest possible cost. Because one of the greatest concerns in any rate proceeding is the impact of the increase upon the consumer, I have attached a bill comparison using the current and proposed rates (see Attachment No. 3) There are important changes proposed in this rate application that should be noted. First, Lone Star Gas is proposing a three step declining block rate for commercial customers that is designed to recover the cost of serving this customer class and to encourage business growth. The second change is the elimination of the public school rate offered under contract. As the contract expires, the school district will become a commercial customer and be billed under the same uninterruptible commercial rate approved by the City of Wylie. Lone Star Gas is also proposing a weather normalization adjustment clause because of the significant impact that weather can have on company revenues and customer bills. The weather normalization adjustment clause is a mechanism designed to insure that over time, Lone Star Gas will have a better opportunity to achieve the authorized rate of return granted by the city. -3- The customer will benefit because it will smooth out radical swings in gas bills due to abnormal temperatures. The city will also benefit because franchise fee payments will be more stable and predictable as a result of the leveling of the company's revenue flow. Let me assure you that as your manager for Lone Star Gas Company, I stand ready to assist in every possible way as you evaluate this proposal. Additional information will be provided upon request. Respectfully, B. J. Stewart Attachment: 1) Statement of Intent to Change Rates 2) Summary of Revenue Requirement 3) Bill Comparison STATEMENT OF INTENT TO CHANGE RESIDENTIAL. COMMERCIAL AND PUBLIC AUTHORITY RATES TO THE CITY OF WYLIE: COMES NOW Lone Star Gas Company, a Division of ENSERCH CORPORATION (Lone Star) , a public utility under Article 6050 et. seq. V.A.C.S. and Article 1446e V.A.C.S., and files this its Statement of Intent to Change Residential, Commercial and Public Authority Rates in the City of Wylie, Texas, under the provisions of Article 1446e, Section 5.08, V.A.C.S. I. Lone Star proposes to change its rates, and the details of the proposed changes in rates are as follows: 1. Name of Utility - Lone Star Gas Company 2. Description of Area Affected - City of Wylie, Texas 3. Proposed Tariffs & Schedules: A. The following rates are the maximum applicable to residential and commercial consumers per meter per month or for any part of a month for which gas service is available at the same location. Residential: Customer .Charge $ 8.0000 All Consumption @ 5.0632 Per Mcf If the service period is less than 28 days in a month, the customer charge is $.2857 times the number of days service. Commercial: Customer Charge $14.0000 First 20 Mcf @ 5.0795 Per Mcf Next 30 Mcf @ 4.7795 Per Mcf Over 50 Mcf @ 4.6295 Per Mcf If the service period is less than 28 days in a month, the customer charge is $.5000 times the number of days service. Bills are due and payable when rendered and must be paid within ten days from monthly billing date. Residential Off-Peak Sales Discount: An off-peak sales discount of $.25 per Mcf will apply to residential customers' volume purchased in excess of 8 Mcf for each of the billing months May through October. B. Gas Cost Adjustment: Each monthly bill at the above rates shall be adjusted for gas cost as follows: (1) The city gate rate increase or decrease applicable to current billing month residential and commercial sales shall be estimated to the nearest $0.0001 per Mcf based upon: (a) A volume factor of 1.0356 determined in establishing the above rates for the distribution system as the ratio of adjusted purchased volumes divided by adjusted sales volumes. (b) The city gate rate estimated to be applicable to volumes purchased during the current calendar month, expressed to the nearest $0.0001 per Mcf (shown below as "Re") . (c) The base city gate rate of $4.0200 per Mcf. (2) Correction of the estimated adjustment determined by Item 3B (1) above shall be included as part of the adjustment for the second following billing month. The correcting factor (shown below as "C") shall be expressed to the nearest $0.0001 per Mcf based upon: _,.. (a) The corrected adjustment amount based upon the actual city gate rate, less (b) The estimated adjustment amount billed under Item 3B (1) above, divided by (c) Distribution system residential and commercial sales Mcf recorded on the Company's books during the prior year for the month that the correction is included as part of the adjustment. (3) The adjustment determined by Item 3B (1) and Item 3B (2) above shall be multiplied by a tax factor of 1.04217 to include street and alley rental and state occupation tax due to increasing Company revenues under this gas cost adjustment provision. In summary, the gas cost adjustment (GCA) shall be determined to the nearest $0.0001 per Mcf by Item 3B (1) , Item 3B (2) , and Item 3B (3) as follows: GCA = [Item 3B (1) + Item 3B (2)] X Item 3B (3) GCA = [(1.0356) (Re - $4.0200) + C] X 1.04217 C. Tax Adjustment: The tax adjustment shall be an amount equivalent to the proportionate part of any new tax, or any tax increase or decrease, or any increase or decrease of any other governmental imposition rental fee or charge (except state, county, city and special district ad valorem taxes and taxes on net income) levied, assessed or imposed subsequent to July 1, 1992 upon or allocable to the Company's distribution operations, by any new or amended law, ordinance or contract. D. Weather Normalization Adjustment: Effective with bills rendered during the October 1993 through April 1994 billing months and annually thereafter for the October through April billing months, the above residential and commercial consumption rates for gas service shall be subject to a weather normalization adjustment to reflect the impact of monthly variations in the actual number of heating degree days from the normal level of heating degree days during the preceding billing months of October through April. The weather normalization adjustment will be implemented on a per Mcf basis. The adjustment will be determined separately for residential and commercial customers based on heating degree data recorded by the McKinney weather station. The dollars of margin overcollected or undercollected due to temperature variations will be calculated each month during the October through April billing months according to the following formula: -2- Al ( �) (NDD-ADD) (TM) (AC) Where: M = Margin dollars overcollected or undercollected due to weather AHL = Actual heating load per customer ADD = Actual heating degree days NDD = Normal heating degree days included in the determination of the above rates TM = Tailblock margin per Mcf in the above rates AC = Actual number of customers billed The monthly overrecoveries and underrecoveries will be accumulated during the October through April billing months to determine the net 'margin dollars subject to the weather normalization adjustment. The weather normalization adjustment, to be implemented on a per Mcf basis over the succeeding October through April billing months, is calculated according to the following formula: WNA - NM±PM PV Where: WNA = Weather normalization adjustment NM = Net margin dollars during the preceding October through April billing months overrecovered or underrecovered due to temperature variations from normal. PM = Amount overrecovered or underrecovered through the operations of the WNA during the preceding October through April billing months. PV = Projected level of sales volume during the October through April billing months to which the WNA is to be applied. The projected level of sales volume will be the actual level during the preceding October through April billing months. The weather normalization adjustment will be calculated to the nearest $.0001 per Mcf and will be applied through the gas cost adjustment. The weather normalization adjustment will be removed if the pass through or recovery of the targeted level of margin dollars is achieved prior to the passage of the full October through April billing period. E. Schedule of Service Charges: The following service charges shall be applicable: (1) Inauguration of Service Charge 8 a.m. to 5 p.m. Monday Through Friday $27.50 5 p.m. to 8 a.m. Monday Through Friday 41.25 Saturdays, Sundays, and Holidays 41.25 (2) Returned Check Charge 13.75 (3) Collection Charge 9.50 F. Rate Case Expense: If rate case expense is incurred in this current case, it is the intention of Lone Star Gas Company to recover the current and any unrecovered prior rate case expense through a surcharge designed for a six-month nominal recovery period. The surcharge per Mcf would be calculated by dividing the rate case expense to be recovered by one-half of the adjusted annual sales volume to residential and commercial customers. When a surcharge is applicable, monthly status reports will be provided to account • for the collections. -3- 4. Statement of Changes: A. Monthly bill for residential customers using 5.0 Mcf with a base city gate rate at $4.0200 per Mcf: Present Rate Proposed Increase Winter Summer Rate Winter Summer Base $ 27.52 $ 26.27 $ 33.32 $ 5.80 $ 7.05 GCA 2.88 ' 2.88 0.00 (2.88) (2.88) Total $ 30.40 $ 29.15 $ 33.32 $ 2.92 $ 4.17 B. Monthly bill for commercial customers using 31.7 Mcf with a base city gate rate at $4.0200 per Mcf: Present Rate Proposed Increase Winter Summer Rate Winter Summer Base $150.79 $142.86 $171.51 $20.72 $28.65 GCA 18.27 18.27 0.00 (18.27) (18.27) Total $169.06 $161.13 $171.51 $ 2.45 $10.38 C. In order to provide a higher priority of service and reduce the possibility of curtailment of public schools during periods of cold weather, the Rate Schedule for Public Free Schools will be withdrawn from the Wylie Distribution System. Firm gas service will be available to public schools under the Commercial rate proposed herein, upon expiration of the current contract year of the Commercial Contract Public School Rate Contract in effect. Thereafter, the Commercial Contract Public School Rate will no longer be available. • D. (1) Inauguration of Service for normal working hours is to be increased from $25.00 to $27.50. Inauguration of Service for after hours is to be increased from $40.00 to $41.25. (2) The Returned Check Charge is to be increased from $7.50 to $13.75. (3) The Collection Charge is to be increased from $7.00 to $9.50. 5. Effect of Proposed Changes: Estimated total increase in annual revenue is $71,281 or 6.98% based upon Current Annual Revenue from Residential, Commercial and Public Authority Customers (Test Year ended 6-30-92) of $1,021,350 and Estimated Annual Revenue under the proposed rates of $1,092,631. 6. Class of Customers Affected: Residential, Commercial and Public Authority 7. Number of Customers Affected: 1,975 8. effective Date of Proposed Change: March 10, 1993 9. The proposed change will not result in a major change as that term is defined in TEX.REV.CIV.STAT.ANN. Article 1446e, Section 5.08(b) V.A.C.S. -4- II. Service or publication of required notice containing the information relative to this Statement of Intent shall be made in accordance with applicable statutes and rules. THEREFORE, Lone Star Gas Company requests the City allow such new rates to become applicable for the City of Wylie by operation of law or by ordinance granting it the authority to charge such rates. Respectfully submitted, LONE STAR GAS COMPANY, a Division • of ENSERCH CORPORA ION Bycdlje ' Date Filed 0 Qp7 -7 -5- LONE STAR GAS COMPANY WYLIE DISTRIBUTION SYSTEM , . SUMMARY OF REVENUES, EXPENSES AND INCOME WITH PRESENT AND PROPOSED RATES TEST YEAR ENDED 06 30 92 RESIDENTIAL AND COMMERCIAL LINE PRESENT RATES PROPOSED RATES BASIC BUSINESS FORMULA 1 OPERATING REVENUES 2 RESIDENTIAL SALES 706,964 775,271 3 COMMERCIAL SALES 302,147 303,375 ' • REVENUE REQUIREMENT $1,092,631 4 TOTAL GAS SALES REVENUES 1,009,111 1,078,646 5 _OTHER REVENUES-SERVICE CHARGES,ETC. 12,239 13,985 6 TOTAL OPERATING REVENUES 1,021,350 1,092,631 = 7 OPERATING EXPENSES 8 GAS PURCHASES 9 FOR RESIDENTIAL SALES 475,811 475,811 10 FOR COMMERCIAL SALES 233,259 235,371 COST OF GAS PURCHASED $745,034 11 UNACCOUNTED-FOR GAS 33,852 33,852 12 OTHER OPERATION AND MAINTENANCE EXPENSE + 13 OPERATION AND MAINTENANCE LABOR 60,562 60,562 14 OPERATION AND MAINTENANCE S S E 67,712 67,712 15 UNCOLLECTIBLE ACCOUNTS 5,057 5,057 16 PROVISION FOR DEPRECIATION 32,085 32,085 17 INTEREST ON CUSTOMER DEPOSITS 1,305 1,305 18 INTEREST ON CUSTOMER ADVANCES 0 0 OPERATING EXPENSES $166,721 19 TAXES OTHER THAN INCOME TAXES + 20 PROPERTY-RELATED TAXES 18,607 18,607 21 PAYROLL-RELATED TAXES 4,721 4,721 22 REVENUE-RELATED TAXES 40,837 43,642 STATE 8 LOCAL TAXES $66,970 t 23 TOTAL OPERATING EXPENSES BEFORE FEDERAL INCOME TAXES 973,808 978,725 24 NET OPERATING INCOME BEFORE FEDERAL INCOME TAXES 47,542 113,906 25 FEDERAL INCOME TAXES 4,160 26,724 FEDERAL INCOME TAX $26,724 + 26 NET OPERATING INCOME/RETURN 43,382 87,182 RETURN $87,182 coca=c 27 PERCENT RETURN ON ADJUSTED VALUE RATE BASE 4.47% 8.981 TOTAL $1,092,631 LONE STAR GAS COMPANY WYLIE DISTRIBUTION SYSTEM RESIDENTIAL BILL COMPARISON MONTHLY BILL AT BILL AT INCREASE CONSUMPTION PRESENT PROPOSED OR IN MCF RATE * RATE -DECREASE 0 $ 5.00 $ 8.00 $ 3.00 1 9.83 13.06 3.23 2 14.66 18.13 3.47 3 19.49 23.19 3.70 4 24.32 28.25 3.93 5 29.15 33.32 4.17 6 33.98 38.38 4.40 7 40.56 43.44 2.88 8 45.65 48.51 2.86 9 50.73 53.57 2.84 10 55.81 58.63 2.82 15 81.21 83.95 2.74 20 106.61 109.26 2.65 25 132.02 134.58 2.56 50 259.04 261.16 2.12 75 386.05 387.74 1.69 100 513.07 514.32 1.25 * BILL COMPARISON USES SUMMER RATE FOR 0 - 6 MCF AND WINTER RATE FOR 7 - 100 MCF. GAS COST ADJUSTMENT IS BASED ON THE GUD-3543 BASE CITY GATE RATE OF $4.0200 PER MCF. PRESENT RATE WINTER SUMMER CUSTOMER CHARGE 5.0000 5.0000 ALL CONSUMPTION a 4.5044 PER MCF 4.2544 PER MCF GAS COST ADJUSTMENT 0.5763 PER MCF 0.5763 PER MCF PROPOSED RATE YEAR-ROUND CUSTOMER CHARGE 8.0000 ALL CONSUMPTION o1 5.0632 PER MCF GAS COST ADJUSTMENT 0.0000 PER MCF LONE STAR GAS COMPANY WYLIE DISTRIBUTION SYSTEM COMMERCIAL BILL COMPARISON* MONTHLY BILL AT BILL AT CONSUMPTION PRESENT PROPOSED INCREASE MCF RATE RATE (DECREASE) 0 5 8.00 5 14.00 5 6.00 2 17.66 24.16 6.50 4 27.33 34.32 6.99 - 6 36.99 44.48 7.49 8 48.65 54.64 5.99 10 58.80 64.79 5.99 15 84.21 90.19 5.98 20 109.62 115.59 5.97 25 135.02 139.49 4.47 30 160.42 163.38 2.96 40 211.23 211.18 (0.05) 50 262.03 258.97 (3.06) 60 312.84 305.27 (7.57) 70 363.65 351.56 (12.09) 80 414.45 397.86 (16.59) 90 465.27 444.15 (21.12) 100 516.07 490.45 (25.62) 200 1,024.14 953.40 (70.741 300 1,532.21 1,416.35 (115.86) 400 2,040.28 1,879.30 (160.98) - 500 2,548.35 2,342.25 (206.10) 600 3,056.42 2,805.20 (251.22) 700 3,564.49 3,268.15 (296.34) 800 4,072.56 3,731.10 (341.46) 900 4,580.63 4,194.05 (386.58) 1,000 5,088.70 4,657.00 (431.70) * BILL COMPARISON USES SUMMER RATE FOR 0 - 6 MCF AND WINTER RATE FOR 7 - 100 MCF. GAS COST ADJUSTMENT IS BASED ON THE GUD-3543 BASE CITY GATE RATE OF 54.0200 PER MCF. PRESENT RATE WINTER SUMMER CUSTOMER CHARGE 8.0000 8.0000 ALL CONSUMPTION a 4.5044 PER MCF 4.2544 PER MCF GAS COST ADJUSTMENT 0.5763 PER MCF 0.5763 PER MCF .- PROPOSED RATE YEAR-ROUND CUSTOMER CHARGE 14.0000 FIRST 20 MCF a 5.0795 PER MCF NEXT 30 MCF a 4.7795 PER MCF ,- ALL OVER 50 MCF a 4.6295 PER MCF GAS COST ADJUSTMENT 0.0000 PER MCF FRi4 s4t6E Oa& iAMik)&e,- ORDINANCE 81-2 AN ORDINANCE GRANTING TO LONE STAR GAS COMPANY, A DIVISION OF ENSERCH CORPORATION, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO FURNISH AND SUPPLY GAS TO THE GENERAL PUBLIC IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, FOR THE TRANSPORTING, DELIVERY, SALE, AND DISTRIBUTION OF GAS IN, OUT OF, AND THROUGH SAID MUNICIPALITY FOR ALL PURPOSES; PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF THE STREETS, ALLEYS, AND PUBLIC WAYS; PROVIDING THAT IT SHALL BE IN LIEU OF OTHER FEES AND CHARGES, EXCEPTING AD VALOREM TAXES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION I. That the City of Wylie, Texas, hereinafter called "City," hereby grants to Lone Star Gas Company, a Division of ENSERCH CORPORATION, hereinafter called "Company," its successors and assigns, consent to use and occupy the present and future streets, alleys, highways, public places, public thoroughfares, and grounds of City for the purpose of laying, main- - taining, constructing, operating, and replacing therein and thereon pipe- lines and all other appurtenant equipment needed and necessary to deliver gas in, out of, and through said City and to sell gas to persons, firms, and corporations, including all the general public, within the City's corporate limits, said consent being granted for a term of twenty-five (25) years from and after the date of the final passage and approval of this ordinance. SECTION 2. Company shall lay, maintain, construct, operate, and replace its pipes, mains, laterals, and other equipment so as to interfere as little as possible with traffic and shall promptly clean up and restore to an approximate original condition, at its cost, all thoroughfares and other surfaces which it may disturb. The location of all mains, pipes, laterals, and other appurtenant equipment shall be fixed under the super- vision of the City Council or an authorized committee or agent appointed by said Council . SECTION 3. When Company shall make or cause to be made excavations or shall place obstructions in any street, alley, or other public place, the public shall be protected by barriers and lights placed, erected, and maintained by Company; and in the event of injury to any person or damage to any property by reason of the contruction, operation, or maintenance of the gas distributing plant or system of Company, Company shall indemnify and keep harmless City from any and all liability in connection therewith. Company shall repair, clean up, and restore to an approximate original condition all streets and alleys disturbed during the construction and repair of its gas distributing system. SECTION 4. In addition to the rates charged for gas supplied, Company may make and enforce reasonable charges, rules and regulations for service rendered in the conduct of its business including a charge for services rendered in the inauguration of natural gas service, and may require, before furnishing service, the execution of a contract therefor. Company shall have the right to contract with each customer with reference to the installation of, and payment for, any and all of the gas piping from the connection thereof with the Company' s main in the streets or alleys to and throughout the consumer's premises. Com- pany shall own, operate and maintain all service lines, which are defined as the supply lines extending from the Company's main to the customer's meter where gas is measured by Company. The consumer shall own, operate and maintain all yard lines and house piping. Yard lines are defined as the underground supply lines extending from the point of connection with Company' s customer meter to the point of connection with consumer's house piping. SECTION 5. Company shall not be required to extend mains on any street more than fifty (50) feet for any one consumer of gas. SECTION 6. Company shall be entitled to require from each and every consumer of gas, before gas service is commenced, a deposit of twice the amount of an estimated average monthly bill , which said deposit may be retained by Company until service is discontinued and all bills therefor have been paid. Company shall then return said deposit to the consumer, together with six percent (6%) interest theron from the date of said deposit up to the date of discontinuance of service. Company shall be entitled to apply said deposit, with accrued interest, to any indebted- ness owed Company by the consumer making the deposit. SECTION 7. The rights, privileges, and franchises granted by this ordinance are not to be considered exclusive, and City hereby expressly reserves the right to grant, at any time, like privileges, rights, and franchises as it may see fit to any other person or corporation for the purpose of furnishing gas for light, heat, and power to and for City and the inhabitants thereof. SECTION 8. Company shall furnish reasonably adequate service to the public at reasonable rates and charges therefor; and Company shall maintain its property, equipment, and appliances in good order and con- dition. SECTION 9. Company, its successors and assigns, agrees to pay and City agrees to accept on or before April 1, 1981, a sum of money equivalent to three percent (3%) of the gross receipts received by Com- pany from the sale of gas to its domestic and commercial consumers within the corporate limits of said City during the period January 1 through December 31, 1980 (expressly excluding, however, receipts derived from sales to industrial and governmental users and consumers in said City); on or before April 1, 1982, a sum of money equivalent to three percent (3%) of the gross receipts received by Company from the sale of gas to its domestic and commercial consumers within the corporate limits of said City during the period January 1 through April 30, 1981 (expressly excluding, however, receipts derived from sales to industrial and gov- ernmental users and consumers in said City) , and three percent (3%) of the gross receipts received by company from the sale of gas to all its consumers within the corporate limits of said City during the period May 1 through December 31, 1981; and thereafter on or before April 1 of each succeeding year during the life of this franchise, up to and including the year 2006, a sum of money equivalent to three percent (3%) of the gross receipts received by Company from the sale of gas to all its consumers within the corporate limits of said City for each preceding calendar year. Each annual payment shall be for the rights and privileges herein granted to Company, including expressly, without limitation, the right to use the streets, alleys, and public ways of said City. And it is also expressly agreed that the afore- said annual payment shall be in lieu of any and all other and addi- tional occupation taxes, easement, and franchise taxes or charges (whether levied as an ad valorem, special , or other character of tax or charge) , in lieu of municipal license and inspection fees, street taxes, and street or alley rentals or charges, and all other and additional municipal taxes, charges, levies, fees, and rentals of whatsoever kind and character which City may now impose or hereafter levy and collect, excepting only the usual general or special ad valorem taxes which City is authorized to levy and impose upon real and personal property. Should City not have the legal power to agree that the payment of the foregoing sums of money shall be in lieu of taxes, licenses, fees, street or alley rentals or charges, easement of franchise taxes or charges aforesaid, then City agrees that it will apply so much of said sums of money paid as may be necessary to satisfy Company's obligations, if any, to pay any such taxes, licenses, charges, fees, rentals, easement or franchise taxes or charges. In order to determine the gross receipts received by Company from the sale of gas within the corporate limits of City, Company agrees that on the same date that payments are made, as provided in the preceding paragraph of this Section 9, it will file with the City Clerk a sworn report showing the gross receipts received from the sale of gas to all its consumers within said corporate limits for the calendar year preceding the date of payment. City may, if it sees fit, have the books and records of Company examined by a representative of said City to ascertain the correctness of the sworn reports agreed to be filed herein. The payment herein provided shall be for the period January 1 to December 31 of the respective year that the payment is made. SECTION 10. When this ranchise ordinance shall have become effective, all previous ordinances of said City granting franchises for gas distribution purposes which were held by Company shall be automatically cancelled and annulled, and shall be of no further force and effect. SECTION 11. Company shall file its written acceptance of this franchise ordinance within sixty (60) days after its final passage and approval by said City. PASSED AND APPROVED ON THIS /) day of MARCH, A.D. 1981 . ATTEST: City' Secretary Mayor City of Wylie, Texas STATE OF TEXAS § COUNTY OF COLLIN § CITY OF WYLIE § 1, 9tLe_. ,fh,(,02._), City Secretary of the City of Wylie, Collin ounty', Texas, do hereby certify that the above and foregoing is a true and correct copy of an ordinance passed by the CiyC�ouncil of the City of Wylie, Texas, at a regular session, held on the ! 6 day of March, 1981 , as it appears 9f ord in the Minutes of said City Council , in Book ca.. , page _L4 f / WITNESS MY HAND AND SEAL OF SAID CITY, this the /( day of March, A. D. 1981 . j City Secretary City of Wylie, Texas STATE OF TEXAS X X COUNTY OF DALLAS X WHEREAS, there was finally passed and approved on March 10 , 1981, Ordinance No. 81-2 granting to Lone Star Gas Company, a Division of ENSERCH CORPORATION, a corporation, its successors and assigns, a franchise to furnish and supply gas to the general pub- - lic in the City of Wylie, Collin County, Texas, for the transport- ing, delivery, sale and distribution of gas in, out of and through said municipality for all purposes, which is recorded in Book 2 , page 244 of the Minutes of the City Council of said City; and WHEREAS , Section 11 of said ordinance provides as fol- lows: "SECTION 11. Company shall file its written acceptance of this franchise ordinance within sixty (60) days after its final passage and ap- proval by said City. " AND, WHEREAS , it is the desire of Lone Star Gas Company, a Division of ENSERCH CORPORATION, the holder of the rights, priv- ileges and grants under the aforesaid franchise ordinance, to com- ply with the above-quoted provisions of Section 11 thereof. NOW, THEREFORE, premises considered, Lone Star Gas Com- _ pany, a Division of ENSERCH CORPORATION, acting by and through its duly authorized officers, and within the time prescribed by Section 11 quoted above, does hereby agree to and accept the franchise granted to it by the above-described ordinance , in accordance with its terms, provisions, conditions and requirements subject to the express understanding that for the calendar year 1981 only Lone Star Gas Company, a Division of ENSERCH CORPORATION, its suc- cessors and assigns, agrees to pay and City agrees to accept on or before April 1, 1982 , a sum of money equivalent to three percent (3%) of the gross receipts received by Company from the sale of gas to its domestic and commercial consumers within the corporate limits of said City during the period January 1 through April 30, 1981 (expressly excluding, however, receipts derived from sales to industrial and governmental users and consumers in said City) , and _ three percent (3%) of the gross receipts received by Company from the sale of gas to all its consumers within the corporate limits of said City during the period May 1 through December 31, 1981, and subject to the other terms and stipulations and agreements therein contained. WITNESS THE EXECUTION HEREOF , on this the ' day of RMi, , 1981. ATTEST: LONE STAR GAS COMPANY, a Division of ENSERCH CORPORATION 9727. e/(1W(3, ,, BY ♦ki ,J7►.. Assista Secretary Vice-i•ent -2- STATE OF TEXAS X COUNTY OF COLLIN X I, 1jWit4J , Secretary of the City of Wylie, Te o hereby certify that the above and fore- going is a true and correct copy of a formal acceptance of a franchise ordinance finally passed and approved by said City on March 10, 1981, and of record in Book 2 , page 244 of the Minutes of the City; and I do further certify that said acceptance has been duly presented to the City Council and filed in connection with and as a part of said franchise ordinance. OF WHICH, witness my,,o,fficial signa re 4nd the seal of said City on this the /5' day of ffi 1981. iY kcretary City of Wylie, Texas -3- City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Secretary DIRECTOR: Mary Nichols DATE REFERENCE NO. SUBJECT 2/5/93 3 Appointment with Darrell Prcin of TU Electric RE: intent to-Raise Rates SUMMARY OF SUBJECT: Attached are the statement of intent and rates proposed by TU Electric along with our franchise ordinance and amendment. The franchise ordinance was originally approved in 1916 and was re-approved in 1953. We clearly need to review this ordinance. ALTERNATIVES: As this item is posted as an appointment no action is necessary at this time. However, the Council does have the authority to suspend the effective date of the rate increase for 90 days while the City considers its options. One option is to participate in a regional and/or statewide steering committee that opposes the rates. However, the negative side to participating in the steering committee is that TU is entitled to recoup its costs from its customers, thus further raising the rates that are already projected to increase TU's revenue 15.32 %. ACTION REQUESTED: Staff is recommending that Council take no action and allow time for a thorough review of the franchise ordinance and the City's options. The effective date for the rate increase is February 26 and that still gives Council another regular Council meeting to consider official action. As usual, Council may hold a special meeting if necessary. REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL 0 OVER/UNDER PROJECTIONS BY: "`® OPERATIONS 0 ONE-TIME 0 S CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: — SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL R WED BY: Vk CITY MANAGER DIRECTOR OF PARKS/REC. y CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR — POLICE CHIEF ¶1 CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF • • DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER MEMMUMEM MWMIUMMM TUELECTRIC Darrell Prcin Garland Manager January 22 , 1993 Ms. Mary Nichols, City Secretary City of Wylie P. 0. Box 428 Wylie , Texas 75098 Dear Ms. Nichols: Attached for filing please find a Petition and Statement of Intent of Texas Utilities Electric Company (TU Electric) . This rate request is identical to those being filed today with other regulatory authorities and affects all customers served by TU Electric. Also, transmitted with this letter as part of this filing is a Rate Filing Package containing the testimony and data upon which the proposed rates are based. The entire Rate Filing Package consists of twenty-five (25 ) volumes and contains a copy of TU Electric 's Petition and Statement of Intent before the Public Utility Commission of Texas for your information. Should you have any questions concerning the rate filing, please give me a call . very truly yours • /JLwt..i Darrell Prcin Garland Manager Receipt Acknowledged By: ` l Title: Date: P.O.Box 461447 Garland,Texas 75046-1447 214 487-2222 BEFORE THE GOVERNING BODY OF THE CITY OF WYLIE RE: APPLICATION OF TEXAS § UTILITIES ELECTRIC COMPANY § DOCKET NO. FOR AUTHORITY TO CHANGE RATES § ,._. PETITION AND STATEMENT OF INTENT TO THE HONORABLE GOVERNING BODY OF SAID CITY: COMES NOW Texas Utilities Electric Company ("TU Electric") , a corporation organized and existing under the laws of the State of Texas and a public utility as that term is defined in the Public Utility Regulatory Act, Article 1446c, V.A.T.S. (the "PURA") and files this its Petition and Statement of Intent, respectfully showing unto this Honorable Governing Body the following: I. TU Electric's last rate increase, in Public Utility Commission of Texas (the "Commission") Docket No. 9300, was based upon costs incurred during an adjusted test year ended June 30, 1989. Since that time, TU Electric has undertaken bold initiatives to reduce costs and improve efficiencies while maintaining its tradition of providing a high quality of service to its customers. With one notable exception, the beneficial impacts of these cost reduction and efficiency improvements are embedded in the test-year data and, therefore, are automatically reflected in the cost of service underlying the rates requested herein. The one exception is TU Electric's Competitive Action Plan, an aggressive and far-reaching cost reduction and efficiency improvement program that will reshape many aspects of TU Electric's operations. While none of the PETITION AND STATEMENT OF INTENT - Page 1 savings resulting from the Competitive Action Plan occurred during the test year, TU Electric proposes a negative adjustment to the test-year cost of service in the sum of $101 million to reflect the net savings that it expects to realize as a result of the Competitive Action Plan. Savings in costs from TU Electric's fuel- supplying affiliates that are expected to result from the Competitive Action Plan are also reflected in the proposed fuel factors. These cost reduction and efficiency improvement efforts have kept the amount of rate relief required to a minimum level that will avoid undue hardships on the customers, keep TU Electric a competitive, low-cost provider of electric service, and, over time, provide for the restoration of its financial integrity necessary to assure the continuance of a reliable supply of reasonably priced electricity. The rate relief sought herein is required principally because of the need to include in rates the costs associated with the commercial operation of Unit 2 of the Comanche Peak Steam Electric Station and the investment made after June 30, 1989, in Unit 1 of the Comanche Peak Steam Electric Station (the majority of the investment in both such Units having already been found by the Commission to have been prudently incurred) , the need to include in rates the substantial increases in state and local ad valorem taxes enacted since the current rates were set, and the need to include in rates the costs associated with certain post-retirement benefits due to mandatory accounting changes. The rate increase sought hereby is the minimum rate relief required to maintain TU Electric's financial integrity and to PETITION AND STATEMENT OF INTENT - Page 2 permit it to attract the capital necessary for it to continue to fulfill its public service obligations -of providing reliable electric service to its customers at reasonable costs. Moreover, the rate increase sought hereby is the minimum rate relief required to permit TU Electric a reasonable opportunity to earn a reasonable return on its invested capital used and useful in rendering service to the public over and above its reasonable and necessary operating expenses. TU Electric, in accordance with the Commission's Substantive Rule 23 .23 (b) (2) , is requesting final reconciliation of its fuel costs and fuel revenues during the period July 1, 1989, through June 30, 1992. Those fuel costs were reasonable and necessary, and resulted from TU Electric's efficient generation of electricity and its maintaining effective cost controls. Additionally and in accordance with that Substantive Rule, TU Electric is requesting that revised fuel factors be authorized reflecting TU Electric's known or reasonably predictable fuel costs and kilowatthour sales for the period from July 1993 through June 1994. II. This Honorable Governing Body has jurisdiction over TU Electric and the subject matter of this Petition and Statement of Intent by virtue of Section 17 (a) of the PURA. III. In keeping with the provisions of Section 43 (a) of the PURA and in order to assure the timely availability of the needed rate relief in the event that this Honorable Governing Body suspends the proposed effective date of the proposed rates, TU Electric proposes PETITION AND STATEMENT OF INTENT - Page 3 that the proposed change in rates be effective on February 26, 1993 . IV. The proposed revised tariffs and schedules are set forth in Volume XI of this filing and statements specifying in detail each proposed change are set forth in Volume XXV of this filing. V. The proposed changes are expected to increase TU Electric's fully adjusted test-year operating revenues 15.32%, or $760,253 ,740, which includes the effect of the proposed reduced fuel factors. The test year upon which this Petition and Statement of Intent is based is the twelve-month period beginning July 1, 1991, and ending June 30, 1992. VI. All of TU Electric's customers and classes of customers in all areas over which this Honorable Governing Body exercises original jurisdiction will be affected by the proposed changes. VII. Attached and made a part hereof for all purposes, in twenty- five (25) volumes, numbered I through XXV, is a complete rate filing package setting forth such other information required by the Commission, including testimony supporting the proposed changes in TU Electric's rates. TU Electric is also filing with the Commission four (4) volumes, numbered I through IV, of non- voluminous workpapers associated with the rate filing package schedules as required by the Commission's rate filing package instructions. Those workpapers will be supplied to this Honorable PETITION AND STATEMENT OF INTENT - Page 4 Governing Body on request. Workpapers associated with the rate filing package schedules that are voluminous are at an Austin Voluminous Room located at 3307 Northland, Suite 320, Austin, Texas 78731, or, if they qualify for such treatment under the Commission's rate filing package instructions, at their normal repository. VIII. Virtually identical Petitions and Statements of Intent (together with all pertinent information filed herewith) are being filed with the Commission and with the appropriate officer of each municipality that exercises original jurisdiction over TU Electric's rates, operations and services. IX. The business and mailing address of TU Electric is: Texas Utilities Electric Company 2001 Bryan Street Dallas, Dallas County, Texas 75201 TU Electric's business telephone number, including area code, is: (214) 812-4600 TU Electric's authorized representatives are: Ronald D. Keeney Director of Regulatory Services Texas Utilities Electric Company 2001 Bryan Street, Suite 2100 Dallas, Dallas County, Texas 75201 (214) 812-2778 and PETITION AND STATEMENT OP INTENT - Page 5 Robert A. Wooldridge J. Dan Bohannan Robert M. Fillmore Worsham, Forsythe, Sampels & Wooldridge 2001 Bryan Street, Suite 3200 Dallas, Dallas County, Texas 75201 (214) 979-3000 General inquiries concerning this Petition and Statement of Intent should be directed to Mr. Keeney at the above-stated address and telephone, or to the management of TU Electric's local office serving this municipality. All pleadings, motions, orders and other documents filed in this proceeding should be served upon Mr. Wooldridge at the above-stated address. WHEREFORE, PREMISES CONSIDERED, TU Electric respectfully prays this Honorable Governing Body to approve and authorize the changes in its rates proposed herein and to grant and award such other and further relief to which TU Electric may be justly entitled. Respectfully submitted, WORSHAM, FORSYTHE, SAMPELS & WOOLDRIDGE Robert A. Wooldridge State Bar No. 21984000 J. Dan Bohannan State Bar No. 02563000 Robert M. Fillmore State Bar No. 06997320 2001 Bryan Street, Suite 3200 Dallas, Texas 75201 Telephone: (214) 979-3000 By: /44(4141^etAL) Robert A. Wooldridge ATTORNEYS FOR TEXAS UTILITIES ELECTRIC COMPANY PETITION AND STATEMENT OP INTENT - Page 6 • AN ORDIEUICE£XEND/NO AN ORDINANCE ORAUT1N0 TO TEXAS POW/2 & LIGHT COMPANY, ITS SUCCEBSDbtH AND ASBICNS, AY 8L'ZCTHIC LIMIT, HEAT AND POWER /RAW:MISS ADOPTED SY THE CITY COUNCIL OF WYLIE, TECA3, ON THE 26th DAY OP MAT, 1916, S0 AS TO 1-XTMD THE TAN OF SAID PRANOIISE 3T run PEON ITS PHESEIIT EYPIRATION DATE. B8 IT ORDAINED NE THE CITY ODURICIL OF THE City OF WILD, TEXAS. Section 11 That the electric light, heat end pones' franchise heretofore granted to the Texas ?ever ♦ Light Company by ordinance adopted ty the City Connell of the City of Wylie, Texas, on May 26, 1916, be extended ter a period of thirt►�ssren (37) years from and after the expiration date nailed therein, so that the tern of each franchise veil]. attend to Key 26, 2003. Section Ta The greatee in such frsnchiss,te pit, Taxes Power & Light Cospa4U, shell rile its written acceptance of this extension of said framable*within sixty (60) days after the,passag, And approval of.thi■ ordinance . ; r ; PASSII,D AHD APPAOVID this the 15th deaf of June, 1953. /s/ J. A. Benton ATTEST, Moor /s/W. W. Housavright • • city :fearetery • • STATE Or TEXAS, - • • ipuxrr or coLLIT, zN W. Housevrl t 'City B8eorrtsry of theCity�of V71ie; . 's , •• Texas,'''do hash, certify fy that the.above and forsgeing copy of ordinance entitled,`MAN OEDII A*0U ANINDXNG AM ORDINANCE QUIETING TO tEXAS.JOYEIt fhMID OS�Fh 7RANCCUI8t�ADORIID If T ITE HS t 00O40II.`O7 lat.E ,', "! THE 26th DAX OF NAY, 1916,'SO•AS TO':E.ITSIID THE.TERX,0X �D IMAM/Nan'. ' '. +{,, ) :; • • :37 7HAR3:•FROK ITS PRES INT EXPIRATION •DAT!" was pawed'and :'• ! at a Regular nesting of the City Council of .said City on the • n .r• r. •--1•.-.Y •- ,..I;�y F�t .7 �• w ri "' 15th day.•of �l anA, 1953..;i ,.. . • _ • :. w' r ' •q• ••'l••r •Witness n.y hand and seal of thi City of Wylie, Texas, this the 15th day of June, 1953. • /s/ W. W. Ibusewright • • • City Secretary of the City of .171iR,' Texas • . .• • (SEAT,) -• . . • • • TU GARLAND TEL No . 214-487-2242 Feb 5 , 93 15 : 13 No .005 P .02 AN ORDINANCE GRANTING TO THE TEXAS POWER & LIGHT COMPANY, ITS SUCCES- SORS AND ASSIGNS, AN ELECTRIC LIGHT, HEAT AND POWER FRANCHISE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE: Section It That there is hereby granted to Texas Power & Light Company, its successors and assigns, (herein called the Grantee) the right, privilege and franchise until. May 26th, A.D. 1966, to construct, maintain and operate in the present and future streets, alleys and public places of the City of Wylie, and its successors, electric light and power lines with all the necessary or desir- able appurtenances, (including underground conduits, poles, towers, wires, trans- mission lines and telegraph and telephone wires for its own use) for the purpose of supplying electricity to the said City, the inhabitants thereof and persons and corporations beyond the limits thereof, for light, heat, power and other • purposes. • Section 2: Poles or towers shall be so erected as to interfere as little as possible with traffic over streets and alleys. The location of all poles and towers or conduits shall be fixed under the supervision of the street and alley committee of the City Council or the successors to the duties of that. committee, but not so as to unreasonably interfere with the proper operation of the said lines. Section 3: The service furnished hereunder to said City and its in. habitants shall be first class in all respects, considering all circumstances, and shall be subject to such reasonable rules and regulations as the Grantee mar make from time to time. The Grantee may require reasonable security for the payment of its bills. Where meters are used they shall be furnished and main- tained by the Grantee, without rental or other charge. • Section tts The Grantee shall hold the City harmless for all expense or liability for any act or neglect of the Grantee hereunder. . Section 5t The Grantee shall file its written acceptance of this franchise within thirty days after its passage and approval. •',; :•. • APPROVED the 26th 'of Mays1916 • • . ,w.+n,t.-o,.vwos+ .. E. R. Daniel, Mayor. . • ATTEST: Loyd Notion, Secy. • (SEAL) City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Planning & Zoning DIRECTOR: Mike Schmidt DATE REFERENCE NO. SUBJECT 1 - 2/5/93 4 Public Hearing, Zone Change from "A" to "SF-1" and Preliminary-Platt for McMillen Farms Addtn. SUMMARY OF SUBJECT: This is a zone change request from Agricultural to "SF-3" Single Family on a tract of land located in the vicinity of McMillen Road and FM 1378. The preliminary plat for - the McMillen Farms Addition meets our platting requirements. The Planning and Zoning Commission will consider a recommendation on this item Monday night. We will provide you with their recommendations and a draft ordinance for consideration on Tuesday night. ALTERNATIVES: Approve the preliminary plat and change in zoning Deny the preliminary plat and change in zoning Table Action on the Request ACTION REQUESTED: - Staff sees no problem with the request as submitted and recommends approval pending the recommendation of the Planning and Zoning Commission MEMORANDUM TO: PLANNING AND ZONING MEMBERS FROM: MICHAEL SCHMIDT,BUILDING OFFICLAL`` S DATE: JANUARY 29, 1993 SUBJECT: STAFF COMMENTS - REQUEST FOR PRELIMINARY PLAT APPROVAL, MC MILLEN FARMS. The Preliminary Plat submitted for McMillen Farms Subdivision is the partitioning of a parcel of land South of and adjacent to McMillen Road ( County Road 298 ) and West of and adjacent to — Farm Road 1378. The proposed subdivision extends from the intersection of Farm Road 1378 and McMillen Road West adjacent to McMillen Road for a distance of 3,458.95'then along and adjacent to Farm Road M 1378 South from the intersection of McMillen Road for a distance of 1,733'. The proposal divides the tract into 9, 10 acre tracts zoned Single Family and one 45.947 acre tract zoned agriculture. Total acreage of the subdivision including dedicated right of ways is 140.7535 acres. The submittal of details for construction meet all the necessary requirements for the City of Wylie. I recommend approval as submitted. City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Planning & Zoning DIRECTOR: Mike Schmidt DATE REFERENCE NO. SUBJECT - 2/5/93 5 Public Hearing on Proposed Amendment to Zoning Ordincu Ice RE. Beet l. Rebtricliur Is SUMMARY OF SUBJECT: Current Requirements in "SF-1", "SF-2" and "SF-3" Zoning Categories do not permit height variances over the maximum building height of 30 feet for the main structure - and 15 feet for an accessory structure (detached garage, portable building, etc.). This does not allow for architectural features such as domes, steeples, chimneys, and spires, etc. The Planning and Zoning Commission will be holding a public hearing on Monday night to consider recommending a change in the ordinance to allow for architectural features over 30 feet in height. ALTERNATIVES; Attached is the recommendation the staff is presenting to the Planning and Zoning Commission and a copy of the height restrictions in the zoning ordinance for residential zoning. Each residential category in the ordinance has the same height restrictions. The notice for public hearing was advertised in such a way that the Commission may either endorse the staffs recommendation or make another _ recommendation to Council regarding maximum height, providing a Specific Use Permit process, etc. ACTION REQUESTED: Staff is requesting approval of an amendment to allow churches, schools, etc. the opportunity to be more creative in their architectural design. CHAPTER 12 SECTION 9.1 CHAPTER 12 SECTION LOS l 0 .a— CHAPTER 12 SECTION 11.2 CHAPTER 12 SECTION 12.2 CHAPTER 12 SECTION 13.2 AMEND TO READ: No building shall exceed two (2) stories in height. Accessory buildings shall be a maximum of one (1) story in height and in no case shall exceed the height of the main structure. Cooling towers,roofs, gables, chimneys and vent stacks may extend for an additional height not to exceed forty (40) feet above the average grade of the building. Water stand pipes and tanks, church steeples, domes and spires and school buildings may be erected to exceed two (2) stories in height, provided that one (1) additional foot shall be added to the width and depth of side and rear yards for each foot that such structures exceed two (2) stories in height. In no case shall such structures exceed one hundred(100)feet in height. c5keit-e- LiAgiti, peeZatij/Cd spaces shall be provided in accordance with the 10) Golf course publir requirements for specific uses set forth in Section 23. 1) Private club. § 13.2 Height Regulations: No building shall SECTION 13 exceed thirty feet(30'). Accessory buildings shall "SF-A" — SINGLE FAMILY ATTACHED not exceed fifteen feet(15)in height. (TOWNHOUSE? § ilat an.�: General Purpose and Description: The "SF-A" (1) Size of Yards: District is intended to provide for medium density dwellings platted on individual lots. These (a) Front Yard: There shall be a front districts function as a buffer or transition between yard having a required depth of not less major streets or non-residential areas or higher than twenty-five feet (25') as measured density zones and lower density residential areas. from the front property line. Required parking shall not be allowed within the $ 13.1 Use Regulations: A building or premise required front yard. shall brused only for the following purposes: (b) Side Yard: There shall be a side yard (1) Three(3)or more single family attached on each side of a continuous row or dwelling units, provided that no more group of dwellings of not less than ten than seven(7)dwelling units are attached feet(10'). A side yard adjacent to a side in one continuous row or group and street shall not be less than fifteen feet provided that no dwelling unit is (15'). No side yard for allowable non- constructed above another unit. residential uses shall be less than twenty- five feet(25). (2) Batch plant, temporary during construction when permitted by code (c) Rear Yard: There shall be a rear enforcement and limited to the yard, a depth of not less than ten feet subdivision for which they are permitted. (10'); however, a twenty foot (20') rear building line shall be observed for a The following specific uses when granted in structure, or portion of a structure, accordance with Section 22: accommodating the required off-street parking spaces when the structure or (1) Cemetery or mausoleum. portion of a structure faces onto and has vehicular access from a dedicated or (2) Charitable organization. private alley. (3) University, college or parochial school (2) Size of Lot: and related facilities(public or private). (a) Lot Area: No building shall be (4) Country club or golf course and related constructed on any lot less than three uses such as driving ranges but not thousand (3,000) square feet, or including similar forms of commercial equivalent thereof,per dwelling unit. amusement such as miniature golf. (5) Day nursery, day camp or child care (b) Lot Width: The width of a lot shall center be not less than twenty-four feet(24')at any point. (6) Electric substation. (c) Lot Depth: The depth of a lot shall (7) Museum,library or art gallery. be not Iess than one hundred feet(100) at any point. (8) Post office. (3) Minimum Dwelling Size: The (9) Radio,television or microwave tower. minimum floor area of any dwelling unit �._ shall be one thousand two hundred Page 11 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Mary Nichols DIRECTOR: City Secretary DATE REFERENCE NO. SUBJECT - 2/5/93 6 Resolution Calling 1993 Municipal Election SUMMARY OF SUBJECT: Attached is the resolution calling the 1993 election. There have been two changes since we first sent you a draft of this resolution: (1) The runoff day has been changed to May 29th. The May 22nd date originally proposed did not meet statutory requirements (2) We have included the extended hours on Thursdays for early voting by personal appearance that were allowed last year. ALTERNATIVES: Approve the Resolution Table the Resolution Approve the Resolution with Changes ACTION REQUESTED: We are recommending that Council approve the resolution on February 9th and not wait until February 23rd as originally proposed since February 15th is the first day to file an application for a place on the ballot. REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME 0 • S CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL R V WED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF • • DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, CALLING GENERAL ELECTION TO BE HELD ON MAY 1, 1993, FOR THE PURPOSE OF ELECTING THREE (3) COUNCILMEMBERS, ONE (1) EACH FOR PLACES 1, 3, AND 5 FOR TWO (2) YEAR TERMS EACH FOR SAID CITY; DESIGNATING ELECTION PRECINCTS AND DESIGNATING POLLING PLACES WITHIN SAID CITY; PROVIDING FOR THE APPOINTMENT OF PRESIDING ELECTION JUDGES AND ALTERNATE PRESIDING ELECTING JUDGES; ESTABLISHING OTHER PROCEDURES FOR THE CONDUCT OF THE ELECTION, ESTABLISHING RUNOFF PROVISIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 41.001 of the Texas Election Code, as amended (the "Code") specifies that the first Saturday in May shall be a "uniform election date" and that a general election of a city may be held on such day; and WHEREAS, the City Council of the City of Wylie, Texas, (hereinafter referred to as the "City) has determined that the City shall conduct its general municipal election on the first Saturday in May, 1993; and WHEREAS, by this Resolution, it is the intention of the City Council to: (i) call for said general election to be held on said date, (ii) designate the election precincts, (iii) designate polling places for the election, (iv) provide for appointment of the necessary election officers, (v) establish and set forth procedures for conducting the election, (vi) establish a date for canvassing the returns of said election, and (vii) establish a runoff date. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. Incorporation of Premises. That all of the above premises are found to be true and correct and are incorporated into the body of this Resolution as if copied in their entirety. Section 2. Election Date, Purpose of Election: Officers and Terms of Office. That a general election shall be held in and throughout the City on Saturday, May 1, 1993, for the purpose of electing the following officers: Councilmembers for Places 1, 3, and 5 for two (2) year terms each Section 3. Eligibility for Candidacy. In accordance with the City's Charter, no person shall be eligible for the office of Councilmember unless he/she is a qualified elector, and has resided within the existing corporate limits of the City or recently annexed territory for at least twelve (12) months preceding the filing deadline for applications for candidacy as set forth in Section 4 of this resolution. Each candidate, prior to filing an application, shall present to the City Secretary a petition containing signatures of at least 25 persons who are qualified voters of the City. In accordance with the City Charter, as heretofore amended, said petition must contain 25 names as the number is greater than one-half of one percent of 1185, the number of votes cast for Mayor at the May 2, 1992 election. Section 4. Application for a Place on the Ballot. In accordance with the Section 143.007 of the Code, any eligible and qualified person may have his/her name printed upon the official ballot as a candidate for the offices hereinbefore set forth by filing his/her sworn application with the City Secretary not earlier than February 15, 1993, and IX not later than 5:00 P.M. March 17, 1993. Each such application shall be on a form as prescribed by Section 141.031 of the Code. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the City Secretary as provided by Section 52.094 of the Code. Notice of the time and place for such drawing shall be given in accordance with the Code. Section 5. Runoff Election. In accordance with Section 2.025 of the Code, in the event that no candidate receives a majority of the votes cast for a given office, there shall be a runoff election held on May 29, 1993, not less than 20 nor more than 30 days after the date of the official canvass as provided for herein. If a runoff election is necessary, it shall be ordered by the mayor not later than five (5) days after the canvassing of the returns of the general election. As provided in Section 2.028 of the Code, should candidates in the runoff election tie, they shall cast lots to determine the winner. Section 6. Election Precincts: Polling Places: Election Hours. The polling location for precinct 25 shall be the Southfork Mobile home Park Clubhouse, 210 Southfork Boulevard. The polling location for precincts 27, 83, and 56 shall be the First United Methodist Church, 109 W. Jefferson, Wylie, Texas. Section 7. Appointment of Presiding Election Judges and an Alternate Presiding Election Judges:Qualifications to Serve as Election Judge: Confirmation of Appointment: Notice of Appointment. The City Council shall, in accordance with the Texas Election Code, appoint Presiding Election Judges and Alternate Presiding Election Judges not later than March 17, 1993. The City Secretary shall, in accordance with Section 32.009 of the Code, deliver to the Presiding Judges and the Alternate Presiding Judges notice of their appointments not later than twenty (20) days from the date of appointment. Section 8. Appointment of Clerks. The Presiding Judges upon appointment shall each appoint not less than two (2) nor more than eight (8) qualified election clerks to serve and assist in the conduct of the election, provided, however, that if the Presiding Judges named actually serve as expected, the Alternate Presiding Judges shall each be one of such clerks. All election clerks shall be qualified voters of the City. 2 Section 9. Compensation of Election Judges and Election Clerks. The Presiding Election Judges, Alternate Presiding Judges and each Election Clerk shall be compensated at the rate of $5.00 per hour in accordance with Section 32.091 of the Code. The Presiding Election Judges shall each also be paid the additional sum of $25.00 for delivering the returns of the election. Such payments shall not exceed the maximum amounts set forth in Sections 32.091 and 32.092 of the Code. Section 10. Method of Voting: Election Materials. The City Secretary is hereby authorized and instructed to provide and furnish all necessary election supplies to conduct the election. Voting at the election shall be by use of paper ballots to be manually tabulated. Preparation of the official ballots for the election shall conform to the requirements of the Code, and shall permit the voters to vote for three (3) councilmembers, one (1) each for Places 1, 3, and 5 and for a two (2) year term each. Each elector shall indicate his/her vote in the space provided beside each candidate's name that he/she wishes to vote for, provided, however, that no elector shall vote for more than one (1) member of the Council for each place. Section 11. Governing Law: Qualified Voters. The election shall be held in accordance with the Constitution of the State of Texas, the Texas Election Code, the City Charter, and all resident, qualified electors of the City shall be eligible to vote at the election. In addition, the election materials enumerated in the Code shall be printed in both English and Spanish for use at the polling place and for early voting for the election. Section 12. Publication and Posting of Notice. Notice of the election shall be given by posting a notice of election in both English and Spanish at the City Hall at the Bulletin Board used for posting notices of the meetings of the City Council, at each polling place and one (1) other public place within the City not less than twenty-one (21) days prior to the date upon which the election is to be held, and by publication of said notice at least once in a newspaper of general circulation published within the City, the date of said publication to be not less than ten (10) days nor more than thirty (30) days prior to the date set for the election. In addition thereto, a copy of the notice shall also be filed with the City Secretary at least twenty-one (21) days before the election. Upon publication of the election notice, the City Secretary shall secure a publisher's affidavit which complies with the requirements of the Code. Section 13. Early Voting. Early voting by personal appearance shall be conducted by the City Secretary, who is hereby appointed the Early Voting Clerk, at the office of the City Secretary located at City Hall, 2000 Hwy. 78 North, Wylie, Texas. For the period early voting for the election is permitted by law, the Early Voting Clerk shalt keep said office open for early voting by personal appearance during regular hours on Monday through Friday except official State holidays, which hours shall be from 8:00 A.M. to 5:00 P.M., and 5:00 P.M. to 8:00 P.M. on Thursdays commencing on April 12, 3 1993 and terminating on Tuesday, April 27, 1993. Early voting on a Saturday or Sunday if any, shall be conducted in accordance with the requirements of the Code. Applications for early voting by mail shall be delivered to the Early Voting Clerk at the same address not earlier than March 2, 1993, and not later than the close of business on April 23, 1993. Early voting, both by personal appearance and by mail, shall be by paper ballots to be manually tabulated, which ballots shall conform to the requirements of the Code and in so doing, shall permit the voters to vote for three (3) Councilmembers, one (1) each for each of Places 1, 3, and 5 for two (2) year term each. Each elector shall indicate his/her vote in the space provided beside each candidate's name that he/she wishes to vote for, provided, however, that no elector shall vote for more than one (1) member to the Council for each Place. The early ballots shall be canvassed by Early Voting Ballot Board, which is hereby created. The Presiding Election Judge and the Alternate Presiding Election Judge appointed for precincts 83, 27, and 56 shall serve as the presiding officer and the alternate presiding officer, respectively, of the Early Voting Ballot Board. The other election officers serving at the First United Methodist Church Polling Place shall serve as the other members of the Early Voting Ballot Board for the election. Section 14. Tabulation of Returns. Ballots shall be tabulated at the Central Counting Station hereby designated as the First United Methodist Church located at 109 W. Jefferson, Wylie, Texas. The Presiding election Judge and the Alternate Presiding Election Judge for the First United Methodist Church polling place shall serve as the Presiding Judge and Alternate Presiding Judge of the Central Counting Station. The other election officers serving, at said polling place shall serve as the Counting Station Clerks for the election. Section 15. Delivery of Returns: Preservation of Election records. In accordance with the Code, immediately after the closing of the poll of the day of the election in triplicate as follows: one copy shall be retained by the Presiding Election Judge, one copy shall be delivered to the Mayor of the City, and one copy of the returns, together with the ballot boxes and all election supplies, shall be delivered to the City Secretary. All election records and supplies shall be preserved by the City Secretary in accordance with the Code. Section 16. Canvassing of Returns. The City Council of the City shall convene on May 4, 1993, at 7:00 P.M. to canvass the returns of the election. Section 17. Necessary Actions. The Mayor and the City Secretary of the City, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code in carrying out and conducting the election, whether or not expressly authorized herein. 4 Section 18. Effective Date. This Resolution shall be in force and effect from and after its passage and it is accordingly so resolved. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, this the 9th day of February, 1993. APPROVED: Mayor ATTEST: _... 5 City of Wylie AGENDA COMMUNICATION LEGAL DEPARTMENT STEVEN P . DEITER SUBMITTED BY: DIRECTOR: / / DATE REFERENCE NO. SUBJECT 2-4-93 7 AMENDMENT OF PRO-RATA ORDINANCE SUMMARY OF SUBJECT: THE COUNCIL HAS PRVIOUSLY REQUESTED THAT THE PRO-RATA ORDINANCE BE CHANGED SO THAT THE CITY WILL RECIEVE A PRO-RATA FEE WHEN A PERSON, FIRM, DEVELOPER CONNECTS TO A SEWER OR WATER MAIN WHICH THE CITY HAS PAID TO CONSTRUCT . THE EXISTING ORDINANCE PROVIDED FOR SUCH REIMBURSEMENT ONLY IN LIMITEC CIRCUMSTANCES . I HAVE PREPARED A DRAFT ORDINANCE FOR COUNCIL' S CONSIDERA- TION AND PASSAGE . ALTERNATIVES: 1 ) PASS ORDINANCE AS PRESENTED 2 ) PASS ORDINANCE WITH SUCH CHANGES AS DEEMED APPROPRIATE BY COUNCIL 3) DECLINE TO PASS ORDINANCE OF ANY KIND AND LEAVE PRO-RATA AS IS ACTION REQUESTED: BATED UPON COUNCIL ' S PREVIOUS . EXPRESSED INTENT THE RE QUESTED ACT rON IS TO PASS ORDINANCE -AMENDING RRO RATA ASSESSMENT. AND COLLEC141014~FOR -,-- CITY FUNDED MAI-fit E-RTENSIONS f- REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ • S CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: \ BACKGROUND MEMO MINUTES LETTER " C.I.P. x ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF )C CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS r. APPROVED FOR SUBMISSION TO CITY COUNCIL • hea717771--- CI ANAGER MEMORANDUM TO: City Council FROM: Steve Deiter SUBJECT: Amendment of Pro-rata Ordinance DATE: February 4, 1993 The council will recall the issue of collecting pro-rata charges for reimbursement of City funded mains came up during the platting process for Oakridge Subdivision. At that time I advised the Council that the City's current Code provisions (ordinance) did not require payment of a pro-rata fee to the City, notwithstanding the fact that the development was tying to a sanitary sewer line that was wholly paid for by the City. I have attached my memorandum on this issue for background. At that time the Council and the City Manager requested that the ordinance be amended to provide for a pro-rata reimbursement to the City for virtually all connections to City funded mains. What was previously the pro-rata ordinance (90-5) is now set forth in Section 11 of Chapter 11 of the Wylie City Code. In making the amendment, it is the code provisions, as opposed to the ordinance, which actually needs to be changed. From my review of Section 11, I thought the objective of collecting pro-rata fees for more, if not all, tie ins to City funded mains could be best accomplished by changing the wording of Sections 11.01 and 11.02. I have attached to this memorandum a "marked up" copy of the changes alongside the new wording. The existing language which will be unchanged appears in normal print. The existing language that will be deleted is marked through. The new language is in the shaded areas. Lastly I have attached a draft of an ordinance which the Council will need to pass (or a substantially similar one) to accomplish the change. Should any of you have any question on this proposed change or its effect please do not hesitate to contact me. cc: Steve Norwood ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING SECTION 11 OF CHAPTER 11 OF THE WYLIE CITY CODE PERTAINING TO THE ASSESSMENT,COLLECTION,AND DISTRIBUTION OF PRO-RATA CHARGES FOR WATER AND SANITARY SEWER MAINS, REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council has receive an opinion for legal counsel that it is not clear under the current provisions of Section 11, Chapter 11, of the Wylie City Code as to whether the City may collect a pro-rata reimbursement from persons tying into water and sanitary sewer mains which were constructed with City funds; and, WHEREAS, the Council has determined in its legislative discretion that the interest of the City as a whole would be best served if persons tying into said mains were required to pay a fee as a prerequisite to being connected; and, WHEREAS, the City Council desires to change the existing Code provisions to reflect such change; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That Section 11.01 and Section 11.02 of Chapter 11 of the Wylie City Code be, and they hereby are, amended by deleting the existing sections in their entirety and substituting the following therefore: "11.01 City Mains Subject to Pro-Rata Charges; Pro-Rata Fund (a) All sanitary sewer collection mains and water distribution mains, whose construction is, or was, funded ,in whole or in part, by the city including existing city facilities, shall be subject to the pro-rata charges as detailed in this section and any person, firm, or entity desiring to be connected into such city funded facility shall be required to pay such pro-rata charge to the city as herein provided. (b) All pro-rata charges shall be paid to the city and placed into a separate fund to be]mown as the " pro-rata fund". The appropriation and dispersal of the monies ,paid for the city funded ORDINANCE NO. PAGE TWO facilities, in this "pro-rata fund" shall be part of the city's budget process. The monies paid for the benefit of anyone other than the city shall be held and distributed in accordance with section 11.06. 11.02 Pro Rata Charges (a) Whenever a pro rata charges applies under the provision of this section it shall be determined as follows: (1) An amount equal to 50% of the total cost for the installation of the water or sanitary sewer main at the time the main was constructed, as determined by the city engineer, shall be established. The cost assessment is to be determined from existing cost records maintained by the City with the total cost (construction, engineering, and inspection) distributed for the total length of the project on a linear footage basis and the total service area on an acreage basis. Front foot cost is defined as the total cost of the project divided by the total length of the main extension (e.g. $100,000 divided by 1,000 L.F. _ $10/L.F.) Acreage cost is defined as the total cost of the project divided by the service area of the main extension (e.g. $100,000 divided by 100 acreage). In no instance shall the front foot cost be less than $7.50 per front foot nor shall the acreage cost be less than $500.00 per acre. The front foot cost and the acreage cost so determined shall then be applied to area in question and the greater of the front foot or the acreage amount shall be the pro rata charge assessed and payable. (2) All single family residential lots, areas or tracts of land located at a standard right angle street intersection shall only be charged a pro-rata on the shortest street frontage, regardless of the location of the water main or sanitary sewer main or based upon the total acreage of the lots, areas or tracts of land, whichever is greater. (3 Where lots or tracts are intended to be used for apartments, business, commercial or industrial purposes, then the pro-rata herein provided shall be paid on the frontage for each corner of the property abutting a street intersection or based upon the total acreage of the lots or tracts. whichever is greater. (4) On lots, area, or tracts of land which extend through from one street to another, with frontage on both streets, and when the average distance of the property lines connecting the street lines in 225 feet or more, then pro-rata shall be charged on both frontages or for the total acreage, which ever is greater. " ORDINANCE NO. PAGE THREE SECTION II The changes herein enacted shall be effective for all connections occurring after the effective date of this ordinance. SECTION III Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION V That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or consistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor chail it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. ORDINANCE NO. PAGE THREE DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 9th day of February, 1993. By John W. Akin Mayor ATTEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney 11 . 01 City Mains Subject to Pro-Rata Charges; Pro-Rata Fund (a) All sanitary sewer collection mains and water distribution mains, whose construction is, or was,: funded 'il**hol .:or A*tiait by the city04044ga+eng-wi‘h existing city facilities, shall be subject to the pro-rata charges as detailed in this section 04 any-person, firm, -entity tleVeCiWto be ootidotedttW -"' ity facility t4i. ;.0.#7iid:OW)*r0*kt.0**00:0 (b) All Etmds-e}erivee}-f-rem•-rpre--rert-er-peryttertte--due--the-ei-t-yAOS ttita:: 1.14t:gtih6.1.1; 10 .ti4I:f .t. ..Vi0.Eati,04tiC:placed into a separate fund to be known as the "the--eity pro-rata fund" . .. .The appropriation and dispersal of the monies ,paid owowomillotioog facilities, in this "pro-rata fund" shall be part of the city's budget process. The monies paid for the benefit of anyone other than the city shall be held and distributed in accordance with section 11.06. 11.02 Pro Rata Charges (a)Exsting-mains-adiaeent-te-preperty-ether-than-subdivisiems7 fl+Where-err-er*mnr-l-et-epr-tvem- 51-4and-iebute-emyr-existing water-er-tmerasetter-mmtand-wherer-err-settitery-sewer mtAn-sp&ns-the-ecmtp-l-et.e-frorrbege-ef-the-eerear-+ot-cnryreef-immd7 the-fecittg..-etterrges-Aermnffre.s-mpre-reetem-Mbe-rimrde-ftle4/11st-the ewner-ef-trigre-em.e.e-,- epr-traet-e,f-47ettillgmtpreet-ient-te water-er-sanitary-sewer-mainT C*YiT0.400040V:a 0#*#0!ki-040404i*PPOO*A#0.***.t4.04.#0*4.00HOtiVAO sectionit shalibe determined as follows: (1) A#M0000##M001#04Np0 50% of the total cost for the installation of the water or sanitary sewer main at the time the main was constructed, as determined by the city engineer, 4141400 established .71,atsed-ttroort-Atlite-greertner-of--.L.he--frepirt---f-oet-meikeet-and e-sereage-methedy The cost assessment is to be determined from existing cost records maintained by the City with the total cost (construction, engineering, and inspection) distributed for the total length of the project on a linear footage basis and the total service area on an acreage basis. Front foot cost is defined as the total cost of the project divided by the total length of the main extension (ivev0g0 $100,000 divided by 1,000 L.F. = $10/L.F. ) .Acreage cost is defined as the total cost of the project divided by the service area of the main extension $100,000 divided by 100 acreage) . In no instance shall the front foot cost be less than $7.50 per front foot nor shall the acreage cost be less than $500.00 per acre. rWiiiig#MigO4Piiiiigg*t*Wgt*ig#Oge#gCAOggNOgdOW*WeC*t.M t*Ot§tiAptatadU4g:W*W*jkidtftViajWit4;.$eO.ijtsoiateWtjiWtWigt tootiorAhicAttfm4egotoitativligautuabwimuciproiiiitata. kii:Aosiatted .„. axed payable (2) All single family residential lots, areas or tracts of land located at a standard right angle street intersection shall only be charged a pro-rata on the shortest street frontage, regardless of the location of the water main or sanitary sewer main or based upon the total acreage of the lots, areas or tracts of land, whichever is greater. (3 Where lots or tracts are intended to be used for apartments, business, commercial or industrial purposes, then the pro-rata herein provided shall be paid on the frontage for each corner of the property abutting a street intersection or based upon the total acreage of the lots or tracts. whichever is greater. (4) On lots, area, or tracts of land which extend through from one street to another, with frontage on both streets, and when the average distance of the property lines connecting the street lines in 225 feet or more, then pro-rata shall be charged on both frontages or for the total acreage, which ever is greater. wen-the owner-seek-er-eenneetart-to--err- ,e*ie,t -xeter-laei-tr-car-sanitary sewer-maim All other subsections of section 11.00 would remain the same. Many of the other Subsections state that the fees is determined to be in accordance with 11.02(a) (1) which is now says very simply if there is a pro rata charge here's how its calculated. MEMORANDUM 11 ) DP jJ TO: City Council '..111111kl FROM: Steve Defter SUBJECT: Imposition of ewer Pro-rata Charge Oakridge Subdivision DATE: November 9, '92 When the Council approved the Final Plat for the above-referenced subdivision at its October 27th meeting it did so on the condition that any applicable pro-rata sewer line charges (PRC) would be paid by the developer. However there was some question as to whether the PRC applied to this development. The Council directed me to research the issue and issue an opinion prior to the next council meeting. There is no state statute nor common law right which would allow the City to charge, or the developer to pay, a pro-rata fee. Therefore the City's right to collect a PRC must arise through either a contractual agreement or local ordinance. There is no agreement which applies so we are left with local ordinance, specifically Ordinance 90-15 passed on March 13, 1990 (see attached copy) to determine the applicability of the PRC. The ordinance is now part of the Wylie City Code in Section 11 of Chapter 11 (see attached copy). To properly impose a PRC the situation must be one of those covered by the ordinance. The coverage of the ordinance, after all of the fat is boiled away, is as follows: " All sanitary sewer collection mains whose construction was funded by the City along with existing City owned facilities, shall be subject to the pro-rata charge as detailed in this ordinance". The only part of the Ordinance which would apply to the instant situation is 2.03.3 which states in pertinent part: " A. Off-site sewer facilities shall be constructed by private contract at the developers's expense " B. Pro rata collections and refunds shall be made in the following manner: Sanitary Sewer Mains - As other property not adjacent to said sanitary sewer installation develops and connects ...a sanitary sewer acreage pro rata shall be collected from said property by the City and shall be refunded to the developer or investor who caused such sanitary sewer installation to be installed." This section would clearly apply if the main in question had been paid for by the developer. However, the line to be utilized in the situation under consideration was built and paid for by the City, in response to an order from the TWC. The question then is whether the scope of the section is broad enough to apply to those situations where the City alone paid for the line or limited to those situations where the developer financed lines (with or without City participation). The words "said sanitary sewer installation" are used in the above quoted Sanitary Sewer Main paragraph to indicate what non-adjacent mains the fees apply to. When said is used, as it is here to refer to something already identified, it is necessary to look back see what is being referenced, to ascertain proper interpretation. The thing being referenced is para A. which speaks to "off-site water and sewer facilities ..constructed by private contract...". The reference, therefore, is to developer financed lines. Given all of the above it is my considered opinion that the City should not impose a PRC in the instant situation. I base this opinion on the fact that the ordinance is limited to those situations where the line connected to was paid for, at least in part, by the developer. In making this recommendation I acknowledge that the ordinance could possibly be interpreted otherwise. Certainly the ordinance is vague enough that the City would have a reasonable basis, or "a leg to stand on" if you will, for imposing the charge. Therefore I am not advising the Council that it absolutely cannot charge such a fee here. I am saying that if we went to the mat on the City's right to collect the fee we would not likely win. Paul Beaver has done a rough calculation of the amount of pro-rata charge. He estimates the charge to be approximately $2,933. If the Council so desires it could amend the pro-rata ordinance so that in the future situations such as this would be covered and the City's right to collect would not be an issue. Should you require further follow up on this matter please advise. cc:Steve Norwood Paul Beaver ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS REPEALING ORDINANCE NO. 78-6 IN ITS ENTIRETY AND ENACTING A NEW ORDINANCE; PROVIDING FOR A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1.00 That Ordinance No. 78-6 be repealed in its entirety herewith. SECTION 2.00 Main Extensions - City All sanitary sewer collection mains and water distribution mains, whose construction was funded by the City along with existing City owned facilities, shall be subject to the pro-rata charges as detailed in this ordinance. All funds derived from pro-rata payments due the City for the above described facilities, shall be placed into a separate fund to be known as "The City Pro-Rata Fund". The appropriation and dispersal of the monies in this "Pro-Rata Fund" shall be part of the City's1 budget process. SECTION 2.01 Pro Rata Charges. 014-ff.. ., 1A c--1. Existing mains ;dbent to property other than `. subdivisions. ` A. Where area, lot or tract of land abuts any exi ing water or sanitary sewer main, and when s h water or sanitary sewer main spans the 6omplete frontage of the area, lot or tract of land, the the following charges, known as "pro rata" shall be made against the owner of the area, lot or tract of land seeking a connection to the water or sanitary sewer main. 50 % of the total cost for the installation of the water or sanitary sewer main at the time the main was constructed, as determined by the City Engineer, based upon the greater amount determined by the front foot method and the acreage method. The cost assessment is to be determined from existing cost records maintained by the City with the total cost (Construction, Engineering, and Inspection) distributed for the total length of the project on a linear footage basis and the total service area on an acreage basis. Front Foot Cost is defined as the total cost of the project divided by the total length of the main extension (i.e. $100,000 divided by 1000 L.F. = f10/L.F. ). Acreage Cost is defined as the total cost of the project divided by the service area of the main extension (i.e. $100,000 divided by 100 Acreage). In no instance shall the front foot cost be less than $7.50 per front foot nor shall the acreage ost be less than $500.00 per acre. B. All single family residential lots, areas or tracts of land located at a standard right angle street intersection shall only be charged a pro rata on the shortest street frontage, regardless 1 . of the location of the water main or sanitary sewer main or based upon the total acreage of the lots, areas or tracts of land, whichever is greater. C. Where lots or tracts are intended to be used for apartments, business, commercial or industrial purposes, then the pro rata herein provided shall be paid on the frontage for each corner of the property abutting a street intersection or based upon the total acreage of the lots or tracts, whichever is greater. D. On lots, areas or tracts of land which extend through from one street to another, with frontage on both streets, and when the average distance of the property lines connecting the street lines is 255 feet or more, then pro rata shall be charged on both frontages or for the total acreage, whichever is greater, when the owner seeks a connection to an existing water main or sanitary sewer main. SECTION 2.02 Main Extension- ndividua Pr,operty Owners. 1. Single family residenti A. Upon request of the owner, or his agent, also referred to in this section as the applicant, on a given lot, the City shall extend, lay or construct all necessary water mains and sanitary sewer lines and their appurtenances the distance across the �tVl( } frontage necessary to provide the service for a which the application is made, providing the ,,' 0%) •, necessary funds are available. The property owner t '�� ��l to be served shall be required to pay the charges 11. provided for in Section 2.01, Paragraph 1A, at 1 ��4/ pc_Lt+ such time as their property is connected to such 41 mains. Where an applicant secures an extension and �t '� service under this particular option for main Q- h extension, he shall pay the pro rata charges on , all property owned by him and which is served by t� the extension requested. The required extension of y„ bs'1►, ‘j/ main shall be figured in such a manner as to leave Q ` �A�li`/ out of the calculations that portion of any main 0 o s i adjacent to property already having other than a temporary water service, and for which the pro w Aiw' f rata charges thereon have been paid or credited r under the terms of this section. B. sewer the event that the property seeking a water or V sewer connection is not directly adjacent to an existing main, then the applicant shall extend the "said water main or sanitary sewer line from the nearest standard size existing water main or , /sanitary sewer line as determined by the L.Engineering Department. The extension shall be constructed by the City at the owner's expense and -Air T \( shall be extended across the complete frontage of • s .� oc�d . — anvil LN .i O•(_4 r 40 c.O---�.,_,,,f-- — .�,....�..t.d Cc.Ae - u) csttA -clot.@ a.S.-ego 174 ....0,. .0....: , ..)-7-ifit..,? ...,- 1, jr4„,,,,,X. ::.,.....* cane..A.A.14,-.Q,...t.A.4.1• ,04...0•Zer ....444.104,14 said area, lot or tract of land seeking the connection when said main extension is located in a street right of way, alley or existing easement. if an additional easement is necessary to extend the water main or sanitary sewer line across the said lot, area or tract of land, then the owner of the property seeking a connection shall provide e City with an easement as required by the Engineering Department. The owners of all intervening property served by the given main extension shall be required to pay the pro rata charges as established in Section 2.01, Paragraph 1A, at such time as their property is connected to such main. 2. Business, industrial , commercial , apartment and property other than single family residential. A. When the owner of an area, lot or tract of land zoned other than single family residential seeks a water or sewer connection and no standard size water mains or sanitary sewer mains are adjacent to, upon, or span the complete frontage or distance required across the front of said area, lot or tract of land, the owner shall extend the said water main or sanitary sewer main from the nearest standard size existing main as determined by the Engineering Department. The extension shall be constructed by the owner's contractor, at the owner' s expense, and shall be extended across the complete frontage of said area, lot or tract of land when said main extension is located in a street right of way, alley or an existing easement. If an additional easement is necessary to extend the water main or sanitary sewer main across the said lot, area or tract of land, then the owner of the property seeking a connection shall provide the City with an easement as required by the Engineering Department. B. The Engineering Department shall determine the size of the required main extension in accordance with the City's Comprehensive Water and Sewer Plans and shall also determine the location of all necessary appurtenances such as fire hydrants, valves, manholes, cleanouts, and other items which may be necessary for proper operation and use of said water or sewer installation. C. All proposed water and sanitary sewer installations to be installed by the applicant's contractor shall be designed by a professional Civil Engineer, registered in the State of Texas, and the said engineer shall submit to the Engineering Department three copies of the complete engineering plans for said water or sewer improvements. The Engineering Department shall review the plans and specifications and, if approved, the Engineering Department shall mark them approved and return one set to the applicant's engineer. If not approved, one set of the engineering plans shall be marked with the objections noted and returned to the applicant's engineer for correction. The same procedure shall be followed until the engineering plans are approved. After approval of the engineering plans 3 and specifications, the applicant shall cause his contractor to install the water or sewer facilities in accordance with the approved engineering plans and specifications and these regulations. The applicant shall cause his engineer to design, stake, and supervise the construction of such improvements and shall cause his contractor to construct the said improvements in accordance with these regulations. The City will inspect the installation of the improvements. When found to be Installed in accordance with the plans and specifications, and after the improvements have been completed and upon receipt by the City of Wylie of a one-year maintenance bond in the amount of 10% of the contract price, along with one set of "As Built" plans, and upon receipt of a certified letter of the contractor's compliance with these regulations, the Engineering Department shall forward to the City Council to receive and approve the title, use and normal maintenance of the improvements, subject to the provisions of the maintenance bond. D. When said main installations have been accepted by the City in accordance with the criteria stated in Section 2.02 (2) A,B, & C, the City may agree to refund to the applicant any pro rata collected from other parties, firms, or corporations seeking a connection to the said water main or sanitary sewer main installed by said applicant. The pro rata shall be collected at the rates established in Section 2.01, Paragraph 1A of this ordinance E. Where extension is requested by an industry or commercial concern using large quantities of water, such extension may be made at the discretion of the City Council , provided 40% of the estimated annual revenue for such customer will support interest and principal payments on the total cost of the extension required to serve. F. In lieu of the procedures in Sections 2.02 (2) KK A,B,C & D, the City Council may consider and determine the necessity for the extension and construction of water and/or sanitary sewer main improvements by providing for the payment of a part of the cost of such improvements by assessments to be made against the benefited property and the owners thereof under the terms and provisions of Article 1110c, V.T.C.S. as amended, and as may hereafter be amended. SECTION 2.03 Main Extensions - Developers and Subdividers. 1. On-Site Extensions, totally within property to be developed. A. A developer shall defray the entire cost of water and sewer mains and all appurtenances that lie totally within a subdivision, except that the City of Wylie will refund the oversize cost as established in Section 2.04 of any main larger than 12 inches in diameter, unless such larger size is necessary to serve the developer's property in question. Size of mains necessary for 4 adequate service shall be determined by the Engineering Department in accordance with the City's Comprehensive Water and Sewer Plans. Refunds for oversize cost will be made upon final acceptance of the system by the City, providing the funds are available. 2. Along-Site Mains, lying along one or more sides of a subdivided tract and serving property other than the subdivision for which the extensions are made. A. For all water and sanitary sewer mains, the developer will be refunded any collected pro rata in accordance with Section 2.01, Paragraph IA of this ordinance, as adjacent property develops. A _ B. For water and sanitary sewer mains larger than 12 inches in diameter, the developer will be refunded � the oversize cost as established in Section 2.04 `V and as adjacent property develops, the developer will be refunded any collected pro rata as established in Section 2.01, Paragraph IA of this ordinance. C. Where along-site mains exist, the developer shall pay to the City of Wylie, a pro rata in the amount as established in Section 2.01, Paragraph IA of this ordinance, and said pro rata payments shall be paid before any building permits are issued for any lot, area or parcel of land situated inside the boundaries of said subdivision. 3. Off-Site Extensions, totally outside of property to be developed. A. Off-site water and sewer facilities shall be constructed by private contract at the developer's expense in accordance with the City of Wylie Subdivision Regulations and all construction standards and specifications adopted by the Wylie City Council . B. Pro rata collections and refunds shall be made in the following manner: Water mains - As property adjacent to said water main installation develops and pays all due pro - - _ rata in accordance with Section 2.01, Paragraph IA this ordinance, then all pro rata collected by the C shall be refunded to the developer Am investor ho caused said water installation to) be installed. Sanitary Sewer Mains - As property adjacent to the sanitary sewer main installation develops and connects to said sanitary sewer installation and pays all due pro rata in accordance with Section 2.01, Paragra h IA of this ordinance, then all pro a collected City shall be refunded to or the developer or invest who caused said sanitary sewer installation to be installed. As other property not adjacent to said sanitary sewer • installation develops and connects to or produces a flow of sewage, either directly or indirectly, through the said sanitary sewer installation, a sanitary sewer acreage pro rata in the amount determined by the acreage method shall be collected from said property by the City and shall be refunded to the developer or investor who caused such sanitary sewer Installation to be installed. In the event where a single sanitary sewer line has been developed and constructed in more than one section and where more than one developer or Investor is involved, then all acreage pro rata collected from property not adjacent to said sanitary sewer installation shall be refunded to the developer or investor who caused the initial section of said sanitary sewer facilities to be installed. At such time when the initial installation has been retired, then all collected pro rata shall be refunded to the developer or investor who caused the installation of said second section. This same procedure shall be followed with any number of developers or investors who caused said sanitary sewer line to be installed. C. Pro rata charges for service outside the corporate limits of the City of Wylie shall be determined and set forth in a specific agreement with the municipality or other governmental entity. 4. Mains in place within the property to be developed. A. Should an existing water main or sanitary sewer main lie in a street, alley or easement within a tract of land to be subdivided and developed for resale, before extensions from or connections to such line shall be made by a developer, he shall pay to the City of Wylie the following pro rata: The greater of two (2) times the front foot cost or the acreage cost in accordance with Section 2.01. Should such mains lie along the subdivision and serve one side only, then the pro rata shall be assessed in accordance with Section 2.01. SECTION 2.04 Determination of City Participation in Oversize Cost. For water and sanitary sewer mains larger than 12 inches in size required by the City to be installed by a developer, the developer will be refunded the difference between the cost of such larger mains and the cost of a 12 inch main, or such larger size as may be necessary to serve the subdivision or development for which extensions are required. To determine this difference in costs generally, actual bid prices shall - - - be used subject to city's review for reasonableness. •. Refunds, subject to the availability of funds, will be made upon acceptance of the main by the City. • SECTION 2.05 Refunding Procedure. All refunds provided for in this ordinance shall be made at six month intervals (June 30 and December 31) of each year, and shall include funds then accrued to the credit of the developers and others. A refund contract entered into by any property owner and the City of Wylie under the provisions of this ordinance • shall be effective only for a period of ten (10) years after the date of acceptance. No refunds will be made by the City of Wylie to any applicant or contracting party after this ten year period has expired, nor shall the City of Wylie ever be liable for payment of interest on any deposits or refunds provided for herein. Nor any refunds provided by this ordinance shall exceed 100% of the initial cost of the project. SECTION 3.00 When the City accepts a line and the Statute of Limitations for Pro-Rata Reimbursement has expired, then all funds due hereunder shall be used to reduce the City's bonded indebtedness for distribution and collection systems. SECTION 4.00 That it is the intent of the City Council that each article, section, paragraph, sentence, phrase, and word of this ordinance be considered severable; and that in the event any such above-named provision of this ordinance be declared unconstitutional or unlawful for any reason, those words, phrases, sentences, paragraphs, sections, and articles left remaining shall be considered as though enacted independently of such unlawful or unconstitutional provisions. SECTION 5.00 That the fees and charges established herein shall become effective March 13, 1990. SECTION 6.00 That the present ordinances of the City of Wylie are inadequate to provide guidelines for currently viable economic reimbursements and revenues to the extent that such inequities constitute an impediment to the orderly development of the City, and thereby creates an urgency and emergency in the interest of the public health, safety, and welfare, and makes essential that this ordinance shall take effect immediately from and after its date of passage. DULY PASSED AND APPROVED by the City Coun 1 of the City of Wylie, Texas. on this the 13th day of , 1990. stnWatndiHp O F WY*ay /1, • U K TRIMBLE SEAL 41 ATTEST: 4/11E.TE-I.'.1.7ate APPROVED AS TO FORM: mn mrrx.'r� ,,- Caroly nes Rob Dillard City S c eta City Attorney 7 Thence northwesterly along Wells Road to the of two hundred thirty (230) gallons of sewage per intersection of said road with Pleasant Valley day average. This calculation shall be made in the Road; same manner as outlined in the City of Wylie impact fee ordinance and shall use the same tables - Thence northeasterly along Pleasant Valley Road and schedules for computation. and the curve to the northwest and then along said road northwesterly to its intersection with South (Ord.87-42 adopted 8-11-87,Sec.2) Ballard(old Sachse Road); Thence northerly along South Ballard to the south § 11.00 UTILITY MAIN EXTENSIONS property line of the Wylie Independent School District property; § 11.01 City Mains Subject to Pro- Thence easterly along the south property line of Rata Charges; Pro-Rata Fund the Wylie Independent School District to the southeast property corner which is also in the west (a) All sanitary sewer collection mains and water property line of the Wylie Park; distribution mains,whose construction was funded by the city along with existing city owned Thence northerly along the east property line of the facilities,shall be subject to the pro-rata charges as Wylie Independent School District and continuing detailed in this section. along the western edge of Thomas Street to an intersection with Stone Road; (b) All funds derived from pro-rata payments due the city for the above described facilities, shall be Thence along Stone Road in an easterly direction placed into a separate fund to be known as"the city to the point of beginning at the intersection of pro-rata fund." The appropriation and dispersal of Stone Road with Akin Lane. the monies in this "pro-rata fund" shall be part of the city's budget process. Borders of the above described district may be amended in order to facilitate the extension of (Ord.90-5 adopted 3-13-90,Sec.2.00) services or to exclude service to a particular parcel of property contained within the above mentioned § 11.02 Pro Rata Charges area. Such additions or deletions may be �,,� ��,, o , U ( emu cc--��P DPPI accomplished by amending the boundary line or by (a) -.- specific notation as to the property or properties subdivisions:— ' added or deleted. %- S1/4,4}-1-t c.Ji f ,J.,. •J S 1-=-f (1) , (1) Additions to original district. any-e (a) None m area(2) Deletions to original • . '1 g ...- district. • c made-against-the-owner of the a.ea,tut o,-- (a) None -tract-of-land--seeking-a-ctmrtec on-to-the— waterot aa,utaiy cwcr uPdilt: — (c) Fee for District. The estimated cost of 12" 4w.0,4 0coa41 providing a lift station for the Cottonwood Creek Fifty percent (50%) of the total cost for Lift Station District is ten million, one hundred the installation of the water or sanitary forty-three thousand dollars (S10,143,000.00). mil(bf 6 sewer main at the time the main was This estimate is based on 1987 dollars and therefor, 5 h Gsh ' constructed, as determined b the city the city will retain any interest earned or overages `S use upon e greater amount—) collected in order to defray any cost of inflation tenanted by the front foot method and This estimated cost divided by the anticipated h,S a i'4 e acreage method(I he cost assessment normal density of four(4)units • results' S Gar rf Q s o1— ee determined from existing cost a per unit fee at the times •nnectr of ei t 0t,,,l°< �h orris maintained by the city with the hundred seventy five do I , 875.00)per ' g total cost(construction,engineering,and unit. Subsequent dev- opment r initi Iykw� inspection)distributed for the total length connection will be required (4. y additional f of the project on a linear footage basis and relative to increased usage. Commercial users will the total service area on an acreage basis. be charged equivalent dwelling unit fees based on J Front foot cost is defined as the total cost �` an anticipated generation or subsequent production of the project divided by the total length - 11-8 of the main extension (i.e. $100,000 provided for in § 11.02(a)(1),at such time divided by 1000 L.F. = $10/L.F.). as their property is connected to such Acreage cost is defined as the total cost of mains. Where an applicant secures an the project divided by the service area of extension and service under this particular the main extension(i.e. $100,000 divided option for main extension, he or she shall by 100 acreage). In no instance shall the pay the pro-ram charges on all property front foot cost be less than seven dollars owned by him or her and which is served and fifty cents ($7.50) per front foot nor by the extension requested. The required shall the acreage cost be less than five extension of main shall be figured in such hundred dollars($500.00)per acre. a manner as to leave out of the calculations that portion of any main (2) All single family residential lots,areas or adjacent to property already having other tracts of land located at a standard right than a temporary water service, and for angle street intersection shall only be which the pro-rata charges thereon have charged a pro-rata on the shortest street been paid or credited under the terms of ^w frontage, regardless of the location of the this section. water main or sanitary sewer main or based upon the total acreage of the lots, (2) In the event that the property seeking a areas or tracts of land, whichever is water or sewer connection is not directly greater. adjacent to an existing main, then the applicant shall extend the said water main (3) Where lots or tracts are intended to be or sanitary sewer Iine from the nearest used for apartments,business,commercial standard size existing water main or or industrial purposes, then the pro-rata sanitary sewer line as determined by the herein provided shall be paid on the engineering department. The extension frontage for each corner of the property shall be constructed by the city at the - abutting a street intersection or based owner's expense and shall be extended upon the total acreage of the lots or tracts, across the complete frontage of said area, whichever is greater. lot or tract of land seeking the connection when said main extension is Iocated in a "" (4) On lots, areas or tracts of land which street right-of-way, alley or existing extend through from one street to another, easement. If an additional easement is with frontage on both streets, and when necessary to extend the water main or the average distance of the property lines sanitary sewer line across the said lot,area connecting the street lines is two hundred or tract of land, then the owner of the fifty-five feet(255)or more,then pro-rata property seeking a connection shall shall be charged on both frontages or for provide the city with an easement as - the total acreage, whichever is greater, required by the engineering department. when the owner seeks a connection to an - The owners of all intervening property existing water main or sanitary sewer - served by the given main extension shall - main, be required to pay the pro-rata charges as established in § 11.02(a)(1), at such time (Ord.90-5 adopted 3-8-88.Sec.2.01) as their property is connected to such main. § 11.03 Main Extensions for Individual Property Owners (b) Business.Industrial.Commercial, (a) Single Family Residential Apartment and Property Other Than Sinele Family Residential (1) Upon request of the owner, or his or her (1) When the owner of an area,lot or tract of agent, also referred to in this section as land zoned other than single family the applicant, on a given lot, the city residential seeks a water or sewer shall extend,lay or construct all necessary connection and no standard size water water mains and sanitary sewer lines and mains or sanitary sewer mains are frontagead ac ent their appurtenances the distance across the l �- necessaryto,upon,or span the complete frontage or to provide the service distance required across the front of said for which the application is made, area,lot or tract of land, the owner shall providing the necessary funds are extend the said water main or sanitary available. The property owner to be �""- served shall be to thesewer main horn the nearest standard size requiredpay charges existing main as determined by the — 11-9 engineering department. The extension the plans and specifications,and after the shall be constructed by the owner's improvements have been completed and contractor, at the owner's expense, and upon receipt by the City of Wylie of a shall be extended across the complete one (1) year maintenance bond in the frontage of said area, lot or tract of land amount of ten percent (10%) of the when said main extension is located in a contract price, along with one (I) set of street right of way, alley or an existing "as built" plans, and upon receipt of a easement. If an additional easement is certified letter of the contractor's necessary to extend the water main or compliance with these regulations, the sanitary sewer main across the said lot. engineering department shall forward to area or tract of land,then the owner of the the city council to receive and approve the property seeking a connection shall title, use and normal maintenance of the provide the city with an easement as improvements, subject to the provisions required by the engineering department. of the maintenance bond. (2) The engineering department shall (4) When said main installations have been determine the size of the required main accepted by the city in accordance with the extension in accordance with the city's criteria stated in § 11.03(b)(1-3), the city comprehensive water and sewer plans and may agree to refund to the applicant any shall also determine the location of all pro-rata collected from other parties. necessary appurtenances such as fire firms, or corporations seeking a hydrants, valves, manholes, cleanouts, connection to the said water main or and other items which may be necessary sanitary sewer main installed by said for proper operation and use of said water applicant. The pro-rata shall be collected or sewer installation. at the rates established in § 11.02(a)(1)of this section. (3) All proposed water and sanitary sewer installations to be installed by the (5) Where extension is requested by an applicant's contractor shall be designed by industry or commercial concern using a professional civil engineer,registered in large quantities of water, such extension the State of Texas, and the said engineer may be made at the discretion of the city shall submit to the engineering council, provided forty percent (40%) of department three (3) copies of the the estimated annual revenue for such complete engineering plans for said water customer will support interest and or sewer improvements. The engineering principal payments on the total cost of department shall review the plans and the extension required to serve. • specifications and, if approved, the engineering department shall mark them (6) In lieu of the procedures in § 11.03(b)(1- approved and return one (1) set to the 4), the city council may consider and applicant's engineer. If not approved,one determine the necessity for the extension (1) set of the engineering plans shall be and construction of water and/or sanitary marked with the objections noted and sewer main improvements by providing returned to the applicant's engineer for for the payment of a part of the cost of. correction. The same procedure shall be such improvements by assessments to be followed until the engineering plans are made against the benefited property and approved. After approval of the the owners thereof under the terms and engineering plans and specifications, the provisions of Article I110c, V.T.C.S. as applicant shall cause his or her contractor amended, and as may hereafter be to install the water or sewer facilities in amended. accordance with the approved engineering plans and specifications and these (Ord.90-5 adopted 3-8-88.Sec.2.02) regulations. The applicant shall cause his or her engineer to design, stake, and * 11.04 Main Extensions for supervise the construction of such Developers and Subdividers improvements and shall cause his or her contractor to construct the said (a) On-Site Extensions.Totally Within improvements in accordance with these bra=to be Developed regulations. The city will inspect the installation of the improvements. When (1) A developer shall defray the entire cost of found to be installed in accordance with water and sewer mains and all• 11-10 appurtenances that lie totally within a pays all due pro-rata in accordance with§ subdivision,except that the City of Wylie 11.02(a)(1) of this section, then all pro- will refund the oversize cost as established rata collected by the city shall be refunded in § 11.05 of any main larger than twelve to the developer or investor who caused inches (12") in diameter, unless such said water installation to be installed. larger size is necessary to serve the developer's property in question. Size of Sanitary Sewer Mains — As property mains necessary for adequate service shall adjacent to the sanitary sewer main be determined by the engineering installation develops and connects to said department in accordance with the city's sanitary sewer installation and pays all comprehensive water and sewer plans. due pro-rata in accordance with § Refunds for oversize cost will be made 11.02(a)(1) of this section, then all pro- upon final acceptance of the system by rata collected by the city shall be refunded the city,providing the funds are available. to the developer or investor who caused said sanitary sewer installation to be (b) Along-Site Mains.Lying Along One or installed. As other property not adjacent More Sides of a Subdivided Tract and Serving to said sanitary sewer installation Property Other Than the Subdivision for develops and connects to or produces a Which the Extensions are Made flow of sewage, either directly or indirectly,through the said sanitary sewer (1) For all water and sanitary sewer mains, installation,a sanitary sewer acreage pro- the developer will be refunded any rata in the amount determined by the collected pro-rata in accordance with § acreage method shall be collected from 11.02(a)(1) of this section, as adjacent said property by the city and shall be property develops. refunded to the developer or investor who caused such sanitary sewer installation to (2) For water and sanitary sewer mains larger be installed. In the event where a single than twelve inches (12") in diameter, the sanitary sewer line has been developed and developer will be refunded the oversize constructed in more than one (1) section cost as established in § 11.05 and as and where more than one(1)developer or adjacent property develops, the developer investor is involved, then all acreage pro- will be refunded any collected pro-rata as rata collected from property not adjacent established in § 11.02(a)(1) of this to said sanitary sewer installation shall be section. refunded to the developer or investor who caused the initial section of said sanitary (3) Where along-site mains exist, the sewer facilities to be installed. At such developer shall pay to the City of Wylie, time when the initial installation has been a pro-rata in the amount as established in retired,then all collected pro-rata shall be § 11.02(a)(1)of this section,and said pro- refunded to the developer or investor who rata payments shall be paid before any caused the installation of said second building permits are issued for any lot, section. This same procedure shall be area or parcel of land situated inside the followed with any number of developers boundaries of said subdivision. or investors who caused said sanitary sewer line to be installed. (c) Off-Site Extensions.Totally Outside of Property to be Developed (3) Pro-rata charges for service outside the corporate limits of the City of Wylie (1) Off-site water and sewer facilities shall be shall be determined and set forth in a constructed by private contract at the specific agreement with the municipality or other governmental entity. developer's expense in accordance with the City of Wylie subdivision regulations and (d) Mains in Place Within the Property all construction standards and specifications adopted by the Wylie city n"v )crpei( council. Should an existing water main or sanitary sewer (2) Pro-rata collections and refunds shall be main lie in a street, alley or easement within a • made in the following manner. tract of land to be subdivided and developed for resale, before extensions from our connections to Water Mains — As property adjacent to such line shall be made by a developer. he or she said water main installation develops and 11-11 shall pay to the City of Wylie the following pro- § 12.00 WATER CONSERVATION rata: AND DROUGHT CONTINGENCY PROGRAM ADOPTED (1) The greater of two(2) times the front foot cost or the acreage cost in accordance with§ 11.02. The Wylie Water Conservation and Drought (2) Should such mains lie along the subdivision Contingency Program is hereby saved from repeal and serve one (1) side only, then the pro-rata and made a part hereof for all purposes as though it shall be assessed in accordance with§ 11.02. were copied at length herein, and the same is § 11.05 Determination of City hereby adopted as the official policy of the city. Participation in Oversize Cost (Ord.88-6 adopted 3-3-88) For water and sanitary sewer mains larger than twelve inches (12") in size required by the city to § 13.00 WATER POLLUTION be installed by a developer. the developer will be CONTROL* refunded the difference between the cost of such larger mains and the cost of a twelve inch (12") main, or such larger size as may be necessary to • serve the subdivision or development for which § 13.01 Definitions extensions are required. To determine this difference in costs generally,actual bid prices shall When used in this section, the following terms be used subject to city's review for reasonableness. shall be defined as follows: Refunds, subject to the availability of funds, will be made upon acceptance of the main by the city. Abnormal sewage - Any industrial wastewater having suspended solids or B.O.D. content which (Ord.90-5 adopted 3-8-88,Sec.2.04) is, in the judgment of the director,significantly in excess of that found in normal sewage,but which § 11.06 Refunding Procedure is otherwise acceptable into a POTW under the terms of this section. (a) All refunds provided for in this section shall be made at six (6) month intervals (June 30 and Ara - The Clean Water Act (33 U.S.C. 1251 et • December 31)of each year,and shall include funds seq),as amended. then accrued to the credit of the developers and others. A refund contract entered into by any Authority-The City of Wylie,Texas. property owner and the City of Wylie under the provisions of this section shall be effective only Biochemical o1 'gen demand (B 0 D_) - The for a period of ten (10) years after the date of quantity of oxygen utilized in the biochemical acceptance. No refunds will be made by the City oxidation of organic matter under standard of Wylie to any applicant or contracting parry after faboratory procedure as specified in "standard this ten (10)year period has expired,nor shall the methods" in five (5) days at twenty degrees City of Wylie ever be liable for payment of centigrade (20°) expressed as parts per million by interest on any deposits or refunds provided for weight(milligram per liter). herein. Nor any refunds provided by this section shall exceed one hundred percent (100%) of the Categorical pretreatment standards- National initial cost of the project. pretreatment standards which are established from time to time by EPA which specify quantities or (b) When the city accepts a line and the statute of concentrations of pollutants or pollutant properties limitations for pro-rata reimbursement has expired, which may be discharged or introduced into a then all funds due hereunder shall be used to reduce POTW by specific industrial dischargers. the city's bonded indebtedness for distribution and collection systems. fy- City of Wylie, Texas. or city council of (Ord.90-5 adopted 3-8-88.Sec.2.05) Wylie,Texas. *State Law reference—Authority to control and regulate waste discharges and require pretreatment, V.T.C.A..Water Code, $ 26.176 and§ 126.177. 11-12 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Steve Norwood DIRECTOR: City Manager DATE REFERENCE NO. SUBJECT Proposed NTMWD Gravity Sewer Main 2/2/93 g The Hogan Corporation Engineering Design Proposal SUMMARY OF SUBJECT: Attached is a copy of a proposal from the Hogan Corporation to perform engineering design, bidding, and construction management for the proposed 2, 500' NTMWD gravity sewer main. The proposed 12" line would allow the abandonment of the existing NTMWD Lift Station which is approximately 18 years old and suffers from severe overflows and by-passes 4 - 6 times per year. These events are both during storms and normal operations due to equipment failures. The L. S. also does not meet minimum safety standards. Due to NTMWD building expansion the window of construction opportunity is now upon us. ALTERNATIVES: Approve existing proposal OR Disapprove existing proposal ACTION REQUESTED: The proposal has been reviewed for technical competency, manpower capabilities, schedule completion, and is approvable. The proposed lump sum amount of $17, 000 is reasonable when compared to similar design and construction management contracts. Approval is recommended. REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A HTMWD Litt Station Upgrade BUDGETED FISCAL YEAR(s): N/A ESTIMATED EXPENDITURE: $ $17, 000 PERSONNEL ClOVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE X DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CI MAN MER THE HOGAN CORPORATION Engineers • Planners February 1, 1993 Honorable Mayor and City Council City of Wylie P.O. Box 428 Wylie, Texas 75098-0428 Attn: Mr. Steven P. Norwood City Manager Re: NTMWD Gravity Sewer Main Dear Mayor and Council Members: We herewith offer you our professional engineering and technical services for the design, bidding, and general review of construction services for the above referenced project. A map showing the general location of the project is attached. It is our understanding that the City of Wylie desires to install a 12-inch gravity sewer main from the existing 15-inch sewer main in Rush Creek North of the Santa Fe Railroad to the existing NTMWD Lift Station located northwest of the Administration Building of the North Texas Municipal Water District, a distance of approximately 2 , 500 linear feet. A preliminary cost projection for the improvements described above is $171, 405. We (Engineer) propose to perform services which will include final design and preparation of detailed construction plans and specifications, bidding and award of contracts, and general review of construction. A description of the services to be performed is as follows: DESIGN PHASE: The Engineer will proceed with the performance of services in this phase as follows: 1. Prepare detailed plans and specifications and contract documents, including field surveys, for the improvements • to be constructed; tMember,Consulting Engineers Council of Texas 12900 Preston Road at LBJ. Suite 620 .fly Member,American Consulting Engineers Council North Dallas Bank Tower Dallas,Texas 75230 • TEL:(214)392-4600 FAX:(214)490-7163 2 . Establish the scope of any soil and foundation investigations or special testing which may be necessary for the design of the Project, and with City's approval, arrange for such investigations and testing to be conducted for the City's account, and assist in interpreting the results of these investigations; 3 . Furnish to the City, when requested, the engineering data necessary for applications for routine permits required by local, state and federal authorities (as distinguished from detailed applications and supporting documents for government grants or for planning advances) ; 4 . Assist the City in procuring routine approvals or permits required by local authorities; 5. Submit plans, specifications, and contract documents to the applicable state agency (agencies) for approval, where necessary; 6. Furnish such information necessary to the. North Texas Municipal Water District and to utility companies whose facilities may be affected or services may be required for the Project; 7. Prepare detailed cost projections and bidder's proposal forms of the improvements to be constructed; 8 . Furnish three (3) sets of copies of plans, specifications, and bidding documents to the City for review and approval. BIDDING PHASE: Upon completion of the design phase services and upon written authorization from the City, the Engineer will proceed with the performance of services in this phase as follows: 1. Assist the City in securing bids, issuing notice to bidders, and notifying construction news publications. The notice to bidders will be furnished to the City for publication in the local news media; 2 . Assist the City in the opening, , tabulation, and analysis of bids received, and furnish recommendations on the award of contracts or the appropriate actions to be taken by the City; - 2 CONSTRUCTION PHASE: After award of contract (or contracts) and upon written authorization by the City, the Engineer will proceed with the following general review of construction services: 1. Assist in the preparation of formal contract documents for construction contract. 2 . Assist in conducting pre-construction conference(s) with the contractor(s) , review construction schedules prepared by the contractor(s) and prepare a proposed projection of monthly cash requirements of the project. 3 . Make periodic visits to the site (as distinguished from the continuous services of a Resident Project Representative) to observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the contract documents. In performing these services the Engineer will endeavor to protect the City against defects and deficiencies in the work of contractors; the Engineer will report any observed defects or deficiencies immediately to the City; however, it is understood that the Engineer does not guarantee the contractor's performance nor is he responsible for supervision of the contractor' s operation and employees; 4 . Consult and advise with the City during construction, make recommendations to the City regarding the materials -- and workmanship, and prepare change orders with the City' s approval. 5. Check and review samples, catalog data, schedules, shop drawings, laboratory, ship and mill tests of material and equipment and other data which the contractor is required to submit for conformance with the design concept of the Project and compliance with the information given by the contract documents, and assemble written guarantees which are required by the contract documents; 6. Assist the City in arranging for testing of materials and laboratory control during construction to be conducted at the City's expense, and assist in interpreting the results of such tests; 7. Interpret intent of the plans and specifications for the City and contractor(s) ; 8. Prepare monthly and final estimates for payment to contractor(s) ; - 3 - 9. Conduct, in company with the City's representative, a final inspection of the Project for conformance with the design concept of the Project and compliance with the contract documents, and review and comment on the certificate of completion and the recommendation for final payment to the contractor(s) ; 10. Prepare revisions of construction drawings with the assistance of the City Project personnel and the construction contractor(s) , reflecting changes in the Project made during construction. These "Record Drawings" shall be provided by the Engineer to the City as one set of reproducible sheets and two sets of prints. ADDITIONAL SERVICES: Additional services to be performed by the Engineer, if authorized by the City, which are not included in the above described basic services, are described as follows: 1. Printing of all final plans and specifications over and above those paid for by bidders and/or contractors; 2 . Preparation of applications and supporting documents for government grants, loans, or planning advances, and providing data for detailed applications; 3 . Providing shop, mill, field or laboratory inspection of materials and equipment; 4. Preparation of any required Operation and Maintenance Manuals or conducting operator training, and preparation of Environmental Impact Assessments or Statements; 5. Appearance before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project including the preparation of engineering data and reports for assistance to the City; 6. Furnishing the services of a Resident Project Representative to act as the City's on-site Representative during the construction phase, if requested by the City. - 4 - BASIS OF COMPENSATION: 1. Availability of Funds The Owner agrees that funds, to the extent required, are currently available and sufficient to complete all phases of the proposed engineering services authorized under this Proposal. All invoices submitted by the Engineer and approved by the Owner shall be paid within thirty (30) days of the invoice date. For any payments not made within thirty (30) days, a charge will be made monthly in the amount of one and one- - half percent (1-1/2%) of the unpaid balance, beginning thirty (30) days from the date of the statements. 2 . Design, Bidding, and Construction Phases The total compensation for Design, Bidding, and Construction Phases will be on a lump sum basis for each phase. The City shall make payments to the Engineer for performing the engineering services described in each phase on a monthly billing basis in proportion to that part of the services proposed therein which has been accomplished, as evidenced by monthly statements submitted by the Engineer and approved by the Owner. Final payment for each phase shall be due upon completion of the services described for the respective phases. The lump sum amount for each phase shall be as follows: Design $14, 000 Bidding 1, 000 Construction 2, 000 Total $17, 000 3 . Additional Services For performing any required services described in Additional Services above, the Engineer is to be paid on a monthly billing basis at the per diem rates of personnel's salary cost times a multiplier of 2 . 5, with all direct non-labor and subcontract expenses to be reimbursed at invoice cost times a multiplier of 1. 10. - 5 - TIME FOR COMPLETION: The Engineer will work expeditiously to complete each phase of the services described herein in the shortest length of time possible. The time for completion of the Design Phase Services shall be sixty (60) days after authorization to proceed is issued by the City. This Letter Proposal is being submitted in four (4) copies. If it meets with your approval, please execute all four (4) copies in the spaces provided, retain two (2) copies for your files, and return two (2) copies to our office. We will certainly appreciate the privilege of performing these services for you. Respectfully submitted, THE HOGAN CORPORATION %dE1 ieg Robert E. Ir•gan, P.E. President APPROVED The foregoing terms and conditions of this Letter Proposal are hereby approved by the City of Wylie, Texas. By Title Date Attest - 6 - . ,• • , • -P `•it);.7.0-:„.•A.-z. .. .' :.: ..': ;•,r7,1.!:If,' ...,I . .• ,1.4,,, ..,, , , . . • • 1. ,., t• t‘ •..a04,,''..i 'Vill:r•IP.'.ri•';' '' • ' , ' " '' '. '-:' •' '- . ... . _ , . • :..- -• -... ' ''', '.:.1:/•,, i ., -, ' . ii, ...... . i''',.',:';'7'" ',.-'-.-.. -• .i-......"..1i-2 .._... .....-.. -- --31,1•4•••?1,-•.:%-,.. rto..,,.,- • ., -- ' • ',.- ‘ g, .. . ., • .. .,.. , . • • • 1111°- ',-•..,'' ... ' .. .. ,_., ..;,;,.::S::••••.'". - , • , .'' .,.,-,,,f..,:.. ........• • - ,..',,,,..•444,4 4'::`,...--.:' ,. ' • v , .',. , . -. ;:.,..,'a..-... ' • .4., '',. I . .1... •.4iikid.'4:'f4 4 -f° •'•' '*•,i'.,::.4 *. % ' .: .. ..; '". ." ' . ' ,- • • . !if:•!.*••1'. ' .' • .';.1''"•-•:_".. :•:,;.-'. .:',..fle• . - - . ‘-. 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A w...1.4-... ..--• . .t.' .4..- Fe" '1 ,, -.4",. T. -.'!,.. - '.4' •- '1.... .. 4-t-4 - ,-.,ii.,,t'14 il. V".• ' 2 - 4 R-rr' ..,e,..1.-4.1-.. . lie!`,9"..,,,• ,,,,t,ti.„ ....,,P(.,, .ivi,I., .. 7,', i• .,..!"4.,-. • ' r ' . '...fa,7., 1,.*• :4*.e.•,.4.4. ; .,• 7,,,.. !_ ..-' ,-,f .. • •:- .. • ...,...Q., . :1P!!, ' ., Pt* - • 1 , --4.p,,-'1,1cer-• - r . i.:, .-,..„ . • . : -.-. • ..).. .., ..ti 44,.. „If,•,,,AL ' N ipr.. '•,.•":s,•"•1/4.e.' PGRRAV)1°TYE:EWTE.113‘11:AIN ,,..-.' - -,•-iO4..L.• -,,f .11. , ' id.- .-.. -:.- 7- ''''.'4''. :."'i'.'‘••••'. '' " '1 4. .....,,,,1 ...,.. -':,-.';';*.',...4';',*,,'.,,.....'.,r,..,....: •1'.-r';-;Z-',''*;':''''''' ,.. ..f.i.,L, : "I. ,.''.' February 1993-,„'21:,.:..'.•'.:.:.,..•'_'•.,••••••.,"'"V'm4.1i,:r.ir9° '''.•.,...\'•• • i;l• .ti, ..0;i 115 . .i.1 .-F t'.;,.,-;,,t"4,1;p2t-trj.1,N.;10 ,,'" .,,,14;';',41.'4** .e..•0.,1:4112'.;. ... . li ti.,‘ , 41.'4 'i.i.•'iLV.••.'•,,•••044',,q0,-5;•••,-4t.,..,,,-r-,.•,.. ',• • .... -,.' .••.*•-• •e- 1....'4 4.' '...- - .A - v-• .,.,,•li . • 1., •: -- -... s-.;'-;•. , :.-al -- • , . - T.::ConsultantsOR AT lO N • .g044,,,,, v#-, • -. , .. e $. . ..,,,.. . . _. ETnFigiEneHer°s G.APINannCeOrs I. . ,: .4 .-. .' .,• . .,,. ..,.:, , , , ,,. ''., -,;!..'4 1.Zi../..A.i•k ... '•., Dallas. City of Wylie AGENDA COMMUNICATION -444./Irp• ‘." SUBMITTED BY: LEGAL DEPARTMENT DIRECTOR: STEV P . DE I TER DATE REFERENCE NO. SUBJECT 2-5-93 41 2EGULATION OF DISPLAY OF SEXUALLY EXPLICIT MATERIAL SUMMARY OF SUBJECT: COUNCIL HAS REQUESTED STAFF TO COME FORWARD WITH POSSIBLE ORDINANCES RESTRICTING SEXUALLY ORIENTED BUSINESSES AND OTHER COMMERCIAL ACTIVITY REGARDING SEXUAL MATERIALS . THE PROPOSED IS THE FIRST OF THREE ORDINANCES WHICH WILL BE OFFERED FOR COUNCIL' S CONSIDERATION . IT MAKES IT AN OFFENSE TO DISPLAY SEXUALLY EXPLICIT MATERIALS IN AN AREA WHICH MAY BE ACCESSED BY MINORS . THE ORDINANCE COVERS ALL SUCH MATERIALS SUCH AS VIDEOS, MAGAZINES, BOOKS ETC . ALTERNATIVES: 1 ) PASS ORDINANCE AS PRESENTED 2) PASS ORDINANCES AFTER MAKING APPROPRIATE MODIFICATIONS 3) TAKE NO ACTION REGARDING DISPALY OF SEXUALLY EXPLICIT MATERIALS ACTION REQUESTED: ALTERNATIVE NO . 1) PASSAGE OF AN ORDINANCE REGULATING-THE DISPLAY OF SEXUALLY EXPLICIT MATERIALS TO MINORS -. REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A N/A BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS 0 ONE-TIME ❑ • S CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: xx BACKGROUND MEMO MINUTES LETTER C.I.P. x x ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES XX LEGAL REVIEWED BY: xx CITY MANAGER DIRECTOR OF PARKS/REC. y X CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF x x CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF • • DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER MEMORANDUM TO: City Council FROM: Steve Deiter SUBJECT: Ordinance Regulating Displa of Sexually Explicit Materials DATE: February 5, 1993 Councilman Wright recently requested staff to research the feasibility of the City's enacting regulations restricting sexually oriented business, videos and related activities. On preliminary inquiry into the matter I found that there are generally three types of measures which the City may take to regulate in this area. The areas are regulation of sexually oriented business (SOB), restriction of display of sexually oriented material, and prohibition of the sale, rental, or distribution of obscene materials. The regulations of SOBs generally regulates, much as a zoning ordinance does, where SOBs may be located within the City. The SOB ordinances are generally very voluminous and and contain a lot of detailed material. Staff has a copy of Rockwall's SOB ordinance. It appears to be a good ordinance from a legal perspective. If the Council desires to move forward with enactment of a SOB ordinance for Wylie please advise and I will forward a copy of the Rockwall ordinance for your review. Due to the size of the ordinance and the sensitivity of the subject matter it may be best discussed in a work session prior to actually adopting an ordinance. Prohibiting the sale, rental or distribution of obscene materials is a complex area in which the prohibiting ordinance must be very carefully drafted to insure that it is constitutional. Generally speaking obscene materials are not protected by the fast amendment and the City could prohibit them, so long as the prohibition is done within the guidelines established by the U.S. Supreme Court decisions on the subject. At this time I have not done sufficient research to draft an enforceable "obscenity ordinance". Should the Council desire to proceed on this aspect of regulation I will do the research and present a draft ordinance for the Council's review and consideration. The third, and least complex, area is that of regulating the display of sexually explicit material to minors. I have drafted an ordinance accomplishing this regulation and forward the same herewith for your consideration. The ordinance is essentially the same as Plano's which staff obtained a copy of. The ordinance is on the February 9 agenda for adoption or rejection by the Council. Should any of you haven any question on the ordinance, its content or effect please do not hesitate to contact me at your convenience. I would also appreciate direction from the Council as to whether to follow up on the other two areas of regulation. Thank you for your attention. cc: Steve Norwood ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE WYLIE CITY CODE BY ADDING A SECTION PROHIBITING THE DISPLAY OF SEXUALLY EXPLICIT MATERIALS TO MINORS, REPEALING ALL CONFLICTING ORDINANCES AND CODE SECTIONS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, home-rule municipalities are authorized to enforce ordinances necessary to protect health, life and property and to preserve the good government, order, and security of the municipality and its inhabitants; and, WHEREAS, the City Council has determined in its legislative discretion that it is in the best interests of the public safety and welfare to prohibit display os sexually explicit materials to minors; and, WHEREAS, it is the purpose and intent of this Ordinance to promote the health, safety, morals and general welfare of the citizens of the City, and not the intent or effect of this Ordinance to restrict or deny access to such sexually oriented materials which are otherwise legal and assessable by adult, nor is it the intent to restrict any access protected by the First Amendment to the United States Constitution; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I The Wylie City Code be, and it hereby is, amended by addition of the following provisions to Chapter 7 of said code: "DISPLAY OF SEXUALLY EXPLICIT MATERIALS TO MINORS. (a) A person commits an offense if, in a business establishment open to persons under the age of 17 years, he displays a book, pamphlet, newspaper, magazine, film, or video cassette, the cover of which depicts, in a manner calculated to arouse sexual lust or passion for commercial gain or to exploit sexual lust or perversion for commercial gain, any of the following: (1) human sexual intercourse, masturbation, or sodomy; (2) fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts; (3) less than completely or opaquely covered human genitals, buttocks, or that portion of the female breast below the top of the areola; (4) human male genitals in a discernibly turgid state, whether covered or uncovered. (b) In this section "display" means to locate an item in such a manner that, without obtaining assistance from an employee of the business establishment: (1) it is available to the general public for handling and inspection; or (2) the cover or outside packaging on the item is visible to members of the general public." SECTION II Any person, firm, or coloration violating any of the provisions or terms of this Ordinance shall be subject to the general penalty provisions of the Wylie City Code as set forth in Section 1.06 of Chapter 1. SECTION III Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION V That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or consistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 9th day of February, 1993. By John W. Akin Mayor A r1'tST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney City of Wylie AGENDA COMMUNICATION SUBMITTED BY: COMMUNITY SERVICES DIRECTOR: BILL NELSON DATE REFERENCE NO. SUBJECT 02/09/93 ATHLETIC FIELD POLICY CHANGES; FIELD ID USAGE/LIGHT/TOURNAMENT FEES SUMMARY OF SUBJECT: Amend Policy by Ordinance Change to better serve participants (i.e. Sports Seasons - expanding to meet demands for fields; Athletic Field Allocation - final registration due 4 weeks later than presently required; Athletic Field Reservation Usage Fee - fees due 2 weeks later than presently required; Light Usage Fee - lights available earlier to accommodate need; later so as to not charge for lights when not needed; Miscellaneous - add responsibility of marking fields by contractor which was previously the responsibility of those using the fields.) ALTERNATIVES: 1.) Leave policy as is. 2.) Amend policy/ordinance as requested. ACTION REQUESTED: Amend policy/ordinance as requested. The Parks and Recreation Board has approved these changes. REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A N/A BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL CI - OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. X ORDINANCE/RESOLUTION X OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: X CITY MANAGER X DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL / CITY MANAGER ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 91-2, RULES AND REGULATIONS, AMENDING RULES AND REGULATIONS FOR THE OPERATIONS OF THE CITY COMMUNITY PARK FACILITIES AND RECREATION AREAS; PROVIDING FOR THE PARKS AND RECREATION DIRECTOR TO ADMINISTER THESE POLICIES; PROVIDING FOR FUTURE AMENDMENTS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, rules and regulations related to the operation of city owned and/or operated facilities and recreation areas were established on February 12, 1991, in Ordinance 91-2, and WHEREAS, the City Council finds that said policies require amendment to provide the most efficient administration and effective use of said facilities and recreation areas, and WHEREAS, the City Council finds that the quick resolution of policy related problems is in the best interest of the citizens of Wylie NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Wylie that: SECTION 1. The policies and procedures for the administration and use of City of Wylie Parks and Recreation facilities are hereby amended to reflect the policies and procedures attached hereon as Exhibit "A" . SECTION 2. That Exhibit "A" in its entirety is hereby made a part of this ordinance and does hereby reflect the official policies and procedures as approved hereby. SECTION 3. Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional , illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal or unconstitutional . SECTION 4. This ordinance shall take effect immediately from and after its adoption by the City Council as provided in the City Charter. SECTION 5. That all other ordinances and code provisions in conflict with this ordinance are hereby repealed to the extent of that conflict and all other provisions not in conflict shall remain in full force and effect. DULY PASSED AND APPROVED this the 9th day of February, 1993. APPROVED ATTEST CITY OF WYLIE ATHLETIC FIELDS POLICY- COMMUNITY PARK (PROPOSED REVISIONS) SPORTS SEASONS SEASON SPORT Spring Soccer- February 1 through 4th weekend in April. Spring/Summer Baseball/Softball - March 1 through July 31. Weekend play only during August - not all fields may be available. Fall Soccer - September 1 through 3rd weekend in November. Baseball/Softball - September 1 through 3rd weekend in November. Football- 2nd weekend in September through last weekend in November. Winter None ATHLETIC YIELD ALLQC;ATION Organizations or groups Recreation Department no earlier than sixty (60) days but no less than thirty (30) days Final registration the organization/group two (2) calendar weeks after the start of the specific sport season. ATHLETIC FIELD RESERVATION USAGE FEE This fee shall be ... responsible organization/group within two (2) weeks after the start of the specific sports seasons. 61(.411 I rnil ATHLETIC FIELD LIS,HT USAGE FEE February Delete March/April 1-15 5:00 p.m. - 6:00 p.m. 6:00 p.m. - 7:00 p.m. 7:00 p.m. - 8:00 p.m. 8:00 p.m. - 9:00 p.m. 9:00 p.m.. - 10:00 p.m. 10:00 p.m. - 11:00 p.m. 11:00 p.m. - 12:00 p.m. * April 15 - 30/May 1 - 15 6:00 p.m. - 7:00 p.m. 7:00 p.m. - 8:00 p.m. 8:00 p.m. - 9:00 p.m. 9:00 p.m. - 10:00 p.m. 10:00 p.m. - 11:00 p.m. 11:00 p.m. - 12:00 p.m. * May 16 - 31 7:00 p.m. - 8:00 p.m. 8:00 p.m. - 9:00 p.m. 9:00 p.m. - 10:00 p.m. 10:00 p.m. - 11:00 p.m. 11:00 p.m. - 12:00 p.m. June/July/August 8:00 p.m. - 9:00 p.m. 9:00 p.m. - 10:00 p.m. 10:00 p.m. - 11:00 p.m. 11:00 p.m. - 12:00 p.m. * September 1 - 15 7:00 p.m. - 8:00 p.m. 8:00 p.m. - 9:00 p.m. 9:00 p.m. - 10:00 p.m. 10:00 p.m. - 11:00 p.m. 11:00 p.m. - 12:00 p.m * September 15 - 30 6:00 p.m. - 7:00 p.m. 7:00 p.m. - 8:00 p.m. 8:00 p.m. - 9:00 p.m. 9:00 p.m. - 10:00 p.m. 10:00 p.m. - 11:00 p.m. 11:00 p.m. - 12:00 p.m * f.v. 14U rr n p° October/November/December 5:00 p.m. - 6:00 p.m. 6:00 p.m. - 7:00 p.m. 7:00 p.m. - 8:00 p.m. 8:00 p.m. - 9:00 p.m. 9:00 p.m. - 10:00 p.m. 10:00 p.m. - 11:00 p.m. 11:00 p.m. - 12:00 p.m * * See Athletic Field Reservation Time Slots pertaining to the day of week. MISCELLANEOUS The City of Wylie ... and will drag and mark baseball/softball infields for fee paid game/tournament reservations. Soccer and Football fields will be marked for fee paid game reservations. Athletic Field markings ... Delete. (/� its II I kit itertv Pot. iej , . CITY OF WYLIE 1 ATHLETIC FIELDS POLICY - COMMUNITY PARK This policy is to be administered by the City of Wylie Parks and Recreation Department in regard to the use of outdoor public recreation areas for athletic activities . The purpose of this policy is to serve as a guide for the comprehensive and effective usage of outdoor athletic areas owned , leased , scheduled or otherwise controlled by the City of Wylie Parks and Recreation Department . It is the intent of this policy to provide a basis for establishing the following objectives : 1 ) A method of communicating the available inventory of allocatable athletic facilities to qualified requestors for usage of such facilities . 2 ) The implementation of a system of facilities allocation producing results most beneficial to - the total City and surrounding communities . _ . - . _ SPORTS SEASONS SEASON SPORT Spring Soccer - 2nd weekend in February through 3rd weekend in April Spring/Summer Baseball/Softball - 2nd weekend in March through last weekend in July. Weekend play only during August - not all fields may be available . Fall Soccer - 1st weekend in September through 3rd weekend in November Baseball/Softball - 1st weekend in September through 3rd weekend in November Football - 3rd weekend in September through 1st weekend in December Winter None 1 rF ATHLETIC FIELD ALLOCATION Organizations or groups requiring facilities for practice and or league games will submit their request in writing to the City of Wylie Parks and Recreation Department a minimum of 30 days prior to the beginning of the Sports Season . The request should address the following : 1 ) Organization/Group Name 2) Starting and ending dates for practice and league play 3) Participation estimates 4) Estimate of number of teams 5) Estimate of the number of practices and games to be played on a weekly basis by each team in the league Field allocations will be based upon total game units per week as per available facilities in order to maximize use of all facilities . The City of Wylie Parks and Recreation Department will respond to each request with a written approval , denial or a statement of conditions to be met upon acceptance of approval . Final registration estimates and current participant registration figures must be- submitted by each approved organization/group two ---- ( 2) calendar weeks prior to the start of the specific sport season . If actual registration numbers are more/ less than the estimated registration numbers , the City of Wylie Parks and Recreation Department may increase/decrease the organization-s/group's field allocations in order to insure an equitable allocation of fields to all organizations/groups . ATHLETIC FIELD RESERVATIONS Athletic fields will be reserved as equitably as possible to accommodate as many organizations/groups as possible . Citizens of Wylie and surrounding communities and area will be given priority. Extra consideration will be given to those who abide by the Field Allocation policy as stated above . The use of athletic fields by the general public during non-reserved/non-City maintenance times are on a first come , first serve basis . Reserved fields/City maintenance will take priority over non-scheduled - activities . The City of Wylie Parks and Recreation Department will be the final authority as to athletic - field reservation use . Kx 01611 rr �'1 ATHLETIC FIELD RESERVATION TIME SLOTS Athletic fields will be reserved in one ( 1 ) hour increments with the first field usage beginning at 8: 00 A.M. and the last ending at 11 : 00 P .M. , Monday - Thursday; 12: 00 midnight , Friday and Saturday. Sunday field usage begins at 12 : 00 N and ends at 11 : 00 p .m. ATHLETIC FIELD RESERVATION USAGE FEE A fee of $ 2 . 00 per person , per sport season for organizations/groups will be charged for the use of reserved athletic fields . This fee shall be paid to the City of Wylie Parks and Recreation Department by the responsible organization/group by the start of the specific sport season. The total amount of fees due will be based on the current participant registration figures at that time . Any increase in participants after initial payment will result in extra fees being due based on $2 . 00 per person , per sport season format . A cash receipt shall be issued by the City of Wylie Parks and Recreation Department containing the following : 1 ) Individual's Name 2) Organization's/Group's Name _ 3) Team Sport/Sport Season 4 ) Number of Teams and Participants 5) Amount Paid ATHLETIC FIELD RESERVATION - NON-LIGHTED USE A receipt shall be issued by the City of Wylie Parks and Recreation Department when a reservation is confirmed . This receipt shall show the following : 1 ) Individual's Name 2) Organization's/Group's Name if Applicable 3) Names of the Team That Will Be Utilizing The Reservation 4 ) The Day( s) , Time(s) and Location(s) of the Reservation A new receipt will be issued in the event the date , time or location of a reservation is changed . KY-H I�IT �r1qN ATHLETIC FIELD LIGHT USAGE FEE 1 A fee of $3. 00 per hour per field will be charged for a reservation in which lights are utilized . Reservation sessions vary through the course of a calendar year to coincide with sunset . The City of Wylie Parks and Recreation Department shall determine the reservation sessions . The following schedule approximates the availability of reservation sessions : February/March 5 : 00 P .M. - 6 : 00 P .M. 6: 00 P.M. - 7 : 00 P.M. 7 : 00 P.M. - 8: 00 P.M. 8: 00 P.M. - 9 : 00 P.M. 9: 00 P.M. - 10: 00 P .M. 10 : 00 P.M. - 11 : 00 P.M. *11 : 00 P.M. - 12: 00 P.M. • April/May 6: 00 P .M. - 7 : 00 P.M. 7 : 00 P .M. - 8 : 00 P .M. 8: 00 P .M. - 9 : 00 P.M. 9 : 00 P.M, - 10 : 00 P.M. • 10: 00 P.M. - 11 : 00 P.M. *11 : 00 P.M. - 12 : 00 P.M. June/July/August 8: 00 P.M. - 9: 00 P.M. 9 : 00 P.M. - 10 : 00 P .M. 10: 00 P .M. - 11 : 00 P .M. *11 : 00 P.M. - 12 : 00 P .M. September 6 : 00 P.M. - 7 : 00 P .M. 7 : 00 P.M. - 8 : 00 P.M. 8: 00 P .M. - 9: 00 P.M. 9: 00 P.M. - 10 : 00 P.M. 10: 00 P.M. - 11 : 00 P.M. *11 : 00 P.M. - 12 : 00 P.M. October 1-15 6: 00 P .M. - 7 : 00 P .M. 7 : 00 P.M. - 8 : 00 P.M. 8: 00 P.M. - 9: 00 P.M. 9: 00 P.M. - 10 : 00 P.M. 10: 00 P.M. - 11 : 00 P.M. *11 : 00 P.M. - 12: 00 P.M. October 16 -31/ 5: 00 P.M. - 6:00 P.M. November/December 6 : 00 P.M. - 7 : 00 P.M. 7: 00 P.M. - 8: 00 P.M. 8: 00 P.M. - 9: 00 P.M. 9: 00 P.M. - 10: 00 P.M. 10:00 P.M. - 11 :00 P.M. *11: 00 P.M. - 12: 00 P.M. *See Athletic-Field: Reservation Time Slots pertaining to the :.day =of ;week. - 7 #I4'1 A cash receipt shall be issued by the City of Wylie" Parks and Recreation Department at the time the light fee is paid and the reservation is confirmed . This receipt shall contain the following : 1 ) Individual's Name 2) 0rganization's/Group's Name if Applicable 3 ) Names of the Teams That Will Be Utilizing the Reservation 4 ) The Day( s ) , Time( s) and Location( s) of the Reservation 5) Amount Paid A new receipt will be issued in the event the date , time or location of a reservation is changed . ATHLETIC FIELD RESERVATION FOR TOURNAMENT USE Requests for athletic fields for tournament use shall be made in writing . The City of Wylie Parks and Recreation Department requests thirty ( 30) days advance notice . The price per field reservation fees are as follows : Friday Night and All of Saturday $100. 00 ( Includes Light Usage) Friday Night and All of Saturday and Sunday $150 . 00 ( Includes Light Usage ) A security deposit of $100 . 00 per field reserved shall be paid at least fourteen ( 14) days in advance of the scheduled tournament . The deposit( s) shall be credited towards any monies due for said tournament , with any remaining monies due payable seven (7) days in advance of the scheduled tournament . All monies paid will not be refundable unless a field or fields are not playable due to weather conditions , wet field conditions or for necessary maintenance . If a field or fields are not playable due to said conditions , a refund or credit will be given . The City of Wylie Park and Recreation Department will be the final authority as to athletic field use . A cash receipt shall be issued by the City of Wylie Parks and Recreation Department at the time the fee is paid and the reservation is confirmed . This receipt shall contain the following: 1;,1..1.1.1a Ir ��iu 1 ) Individual' s Name • 2) 0rganization' s/Group's Name 3) Names of the Teams That Will be Utilizing the Reservation 4) The Day( s) , Time( s) and Location( s) of the Reservation 5) Amount Paid A new receipt will be issued in the event the date , time or location of a reservation changes . A tournament is defined as team competition separate and distinct from league play involving the payment of an entry fee or additional fees in which to participate . A curfew of 12: 00 Midnight shall be imposed on all tournaments utilizing lights , Monday - Thursday; 1 : 00 a .m . on Friday and Saturday. A curfew of 11 : 00 P .M. shall be imposed on Sundays . MISCELLANEOUS The City of Wylie Parks and Recreation Department will - provide homeplate , pitching rubbers , base distance markers on fences and will and will drag baseball/softball infields . forfee paid game/tournaments reservations . Athletic fields for non-reserved general public use or reserved practices are accepted on an as-is basis . Athletic field markings will be the responsibility of the reserving party( ies) . The City of Wylie Parks and Recreation Department requests 24 hours or more notice of a reservation. Requests for athletic fields with less than 24 hours notice will be accommodated if possible . (Earlier requests are required for Tournament Use (See Athletic Field Reservation- -for--- - Tournament Use) . ) A person may cancel a reservation and be issued a credit or refund up to 24 hours prior to the reservation. A credit or refund will be issued with less than 24 hours notice of . cancellation if the City of Wylie Parks and Recreation Department is able to rent the athletic field(s) to another party or if field maintenance in preparation of the reservation has not started . ( This paragraph does not apply to Tournament Use (See Athletic Field Reservation for Tournament Use) .) C Any and all athletic field use may be canceled by the City of Wylie Parks and Recreation Department due to weather conditions , wet field conditions or for necessary maintenance . If a reservation is canceled , a credit or refund will be issued . It will be the responsibility of the Wylie Parks and - Recreation Department to determine the playing ability of each field . If fields are not playable due to any or all of the said conditions , this information will be placed on the City of Wylie's Athletic Hotline no later than 4 : 00 P .M . , Monday - Friday. Athletic Field Hotline number is 442-5354 Ia the event of said conditions occurring after 4: 00 P.M. , Monday - Friday or all of Saturday and/or Sunday, games can be called off by league directors , commissioners or the umpires . In the event that play is allowed and significant damage is done to athletic field(s) , the responsible person/party who allowed play will be held responsible and sanctions may be imposed . Any and all parties seeking athletic fields for use accept responsibility for the well-being and cleanliness of facilities during and after their use . Any and all funds collected by the City of Wylie Parks .and Recreation Department will be used primarily for -the - - maintenance and/or upgrading of athletic facilities and the paying of electrical utility bills in regard to athletic field light usage at Community Park. Secondary use of funds collected will be for maintenance and/or upgrading of other facilities at Community Park. All funds collected will be allocated to the Community Park Fund. City of Wylie Parks and Recreation Department Bill Nelson , Director C City of Wylie AGENDA COMMUNICATION SUBMITTED BY: COMMUNITY SERVICES DIRECTOR: BILL NELSON DATE REFERENCE NO. SUBJECT WYLIE SPORTS ASSOCIATION (W.S.A.) 02/09/93 'r "OPENING DAY CEREMONY" REQUEST SUMMARY OF SUBJECT: The W.S.A. has requested that on April 17, 1993, sections of Community Park (near Akin Pavilion and/or playground area) be available for games (i.e. beanbag toss, duck pond, cakewalk, etc.) for "Opening Day Ceremonies" (start of baseball/softball season) . This will be a fund raiser for the W.S.A. Youth Baseball Program. The Parks and Recreation Advisory Board and myself are in full support of this request. ALTERNATIVES: 1.) Approve- request as stated. 2.) Deny request as stated. ACTION REQUESTED: Approve request as stated. REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A N/A BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL ❑ - OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ • S CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES X LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: X CITY MANAGER X DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MA ER l , Wylie Sports Association P.O. Box 652 Wylie, Texas 75098 January 19 , 1993 City of Wylie P . 0 . Box 428 Wylie , Texas 75098 Attn : Bill Nelson Dear Mr . Nelson , On Saturday , April 17th , the Wylie Sports Association Baseball would like td ' hold an "Opening Day Ceremonies" . This would include: * Recognize Each Team * Pre-season Games * Carnival * Raffle Drawings The carnival would consist of games for the youth and prizes would be given . For example : bean bag toss , duck pond , putt-putt game , cake walk , etc . The raffle drawings will be held through out the day which will consist of donated items from the community merchants . I feel that the day will be a fun day for the youth and our community . It encourages community involvement and at the same time raises much needed money for our baseball program . All proceeds will be for Wylie Sports Association Baseball program . We would appreciate your support for our program 's Opening Ceremonies . If you have any questions , please contact me at 843-4201 or Tommy Pulliam at 442-6620 . Sincerely , Tammy Montgomery Fund Raising Chairman cc: Mr . Steve Norwood Tommy Pulliam . City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Mary Nichols DIRECTOR: City Secretary DATE REFERENCE NO. SUBJECT 2/5/93 14 Executive Session Re: Personnel Appointments to Boards and Committees SUMMARY OF SUBJECT: As we explained at your last meeting, there are vacancies on the Construction Advisory Board and on the Zoning Board of Adjustments. We are accumulating a list of previous applicants from the records we've been able to find and will provide them on Tuesday night. Current members of the Construction Board are: Brian Chaney, Roger Smith, Kevin Altimier, and Frank Spingola. Current Board of Adjustments members are: Marilyn Herrera, Robin Messer, Gerald Clark, Glen Graves, Jeff Payne, and Michael Cole. ALTERNATIVES: ACTION REQUESTED: