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03-09-1993 (City Council) Agenda Packet AGENDA WYLIE CRY COUNCIL MARCH 9, 1993 7:00 P.M. MUNICIPAL COMPLEX CALL TO ORDER INVOCATION - PLEDGE OF ALLEGIANCE ACTION ITEMS 1. Discuss and Consider Approval of the Minutes of February 23, 1993 2. Discuss and Consider Approval Ordinances Disannexing 30 Acres Located on Parker Road 3. Discuss and Consider Approval of an Ordinance Adopting Revised Rates for Lone Star Gas Company 4. Discuss and Consider Approval of a Request from the Girl Scouts for Use of Community Park 5. Discuss and Consider Authorizing Extension of Water Service to an Agricultural Complex on Sanden Boulevard 6. Discuss and Consider Award of Contract for Development of a Comprehensive Plan to Espy, Huston & Associates 7. Discuss and Consider Approval of an Ordinance Amending the Comprehensive Fee Schedule 8. Discuss and Consider Approval of an Ordinance Regulating Obscene Materials 9. Discuss and Consider Authorizing the City Manager to Proceed with Newport Harbor Pump Station Construction 10. Discuss and Consider Authorizing the City Manager to Contract Engineering for Alanis Water Line and First Street Sewer Line STAFF REPORTS CITIZEN PARTICIPATION EXECUTIVE SESSION 11. Hold Executive Session Under Article 6252-17 V.A.C.S. to discuss Personnel: Appointment of Election Judges and Alternates 12. Reconvene Into Regular Session and Consider Approval of a Resolution Appointing Presiding Election Judges and Alternates ADJOURNMENT Posted this the 5th day of March, 1993 at 5:00 p.m. Ma Ni hols, City Secretary City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Secretary DIRECTOR: DATE REFERENCE NO. SUBJECT 3/5/93 1 Minutes of February 23,1993 SUMMARY OF SUBJECT: Attached are the minutes of your last regular meeting. You may approve the minutes as is or with corrections, additions, and/or changes. ALTERNATIVES: Approve the Minutes as Submitted Approve the Minutes with Changes Table the Minutes Deny the Minutes ACTION REQUESTED: Approve the Minutes as Submitted REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME 0 • S 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: A CITY MANAGER DIRECTOR OF PARKS/REC. y CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBUC WORKS SUPR. FIRE CHIEF • - DIRECTOR OF PUBUC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL A• lrf ` .r .�i...r.—t;l/�, CITY MANAGER MINUTES OF THE WYLIE CITY COUNCIL February 23, 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, and Steve Wright. Bud Naish was absent. 10 CONSENT AGENDA Council considered approval of the Consent Agenda which consisted of the following: 15 (1) the minutes of February 9, 1993 (2) Ordinance No. 93-10 authorizing a change in zoning from Agricultural to "SF-1" single family zoning on a tract of land located in the vicinity of McMillen Road and FM-1378 - 20 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,AMENDING THE ZONING CLASSIFICATION ON A 93.827 ACRE TRACT IN THE JOHN MITCHELL SURVEY, COLLIN COUNTY, TEXAS, GENERALLY LOCATED AT THE SOUTHWEST INTERSECTION OF MCMILLEN ROAD(CR 298)AND FM1378, 25 FROM AGRICULTURAL TO SINGLE FAMILY RESIDENTIAL (SF-1); AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING DISTRICT MAP (ORDINANCE 91-12, ORDINANCE 91-13), ORDINANCE 86- 95, AND REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE • 30 (3) Resolution No. 93-4 Declaring March 1 through March 5 and Public Schools Week Messenger made a motion to approve items one and two. Allen seconded the motion. 35 The motion was voted on and passed unanimously. Mayor Akin read aloud the resolution and upon motion made by Swartz and seconded by Wright, the resolution was approved unanimously. Betty Stephens, representing the Wylie Independent School District, introduced students from each campus who were present to accept the resolution on behalf of the schools. 40 REQUEST FROM LONE STAR GAS COMPANY FOR RATE INCREASE Betty Stewart, representing Lone Star Gas Company, presented a capitol expenditure list to the Council and Ben Hussein, of Lone Star's Economic Development "° 45 Department, discussed the weather normalization process. After brief Council discussion 1 regarding the rate increase proposal, Davis made a motion to table the request. Messenger seconded the motion. The motion was voted on and passed unanimously. ORDINANCE NO. 93-11 DENYING TU ELECTRIC RATE INCREASE PROPOSAL 50 Swartz made a motion to approve the ordinance denying the TU Electric rate increase request. Davis seconded the motion. The motion was voted on and passed unanimously. 55 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, DENYING THE PROPOSED CHANGED RATE SCHEDULES AND SERVICE REGULATIONS OF TEXAS UTILITIES ELECTRIC COMPANY;PROVIDING CONDITIONS UNDER WHICH SAID COMPANY'S RATE SCHEDULES AND SERVICE REGULATIONS MAY BE CHANGED,MODIFIED,AMENDED OR WITHDRAWN; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED 60 IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; DECLARING AN EMERGENCY; REPEALING ALL CONFLICTING ORDINANCE;CONTAINING A SEVERABILItY CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE ANNUAL REPORT FROM JIM SMITH, DEVELOPMENT CORPORATION OF WYLIE 65 Jim Smith reported on the activities of the Development Corporation over the past year and noted that the corporation held a cash balance of $369,593.16. He explained, however, that $120,000 of that balance was pledged as a loan to the hospital. Smith urged Council to continue towards the development of standard guidelines for a tax 70 abatement program. ORDINANCE AMENDING THE WYLIE CODE OF ORDINANCES COMPREHENSIVE FEE SCHEDULE 75 Council reviewed the proposed ordinance and instructed staff to review areas including building inspection and permit fees and junkyard fees. Tommy Pulliam, representing the Wylie Sports Association, requested the Council to allow WSA seven tournaments per year at no charge instead of the proposed five to allow each league to opportunity to hold one tournament at no charge. After much discussion, Messenger 80 made a motion to approve the tournament fee schedule, the PBI schedule and to increase the number of tournaments permitted at no charge from five to seven and to table the remainder of the ordinance pending further review. Allen seconded the motion. The motion was voted on and passed unanimously. 85 AUTHORIZATION FOR CITY MANAGER TO EXECUTE CONTRACT WITH ALLEN WEISS FOR CONCESSIONS AT COMMUNITY PARK Director of Community Services Bill Nelson explained the provisions proposed in the contract with Allen Weiss and stated that he had received no complaints regarding 90 the service Weiss had provided in the past year. Messenger questioned the availability 2 of scoreboard sponsors. Nelson explained that negotiations were in progress with Dr. Pepper who was requesting a five year agreement to use three Dr.Pepper scoreboards. After discussion, Wright made a motion to authorize execution of a contract. Davis seconded the motion. The motion was voted on and passed unanimously. Messenger 95 requested that Nelson continue pursuing scoreboard options. ORDINANCE NO. 93-12 REGULATING SEXUALLY ORIENTED BUSINESSES Wright made a motion to approve the ordinance. Davis seconded the motion. 100 The motion was voted on and passed unanimously. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, PROVIDING THAT THE CODE OF ORDINANCE OF THE CITY OF WYLIE, TEXAS, BE AMENDED BY ADDING A CHAPTER TO BE NUMBERED 13, AND TITLED 'SEXUALLY ORIENTED BUSINESS'; PROVIDING 105 DEFINITIONS AND REGULATIONS FOR SEXUALLY ORIENTED BUSINESS ESTABLISHMENTS WITHIN THE CITY OF WYLIE BY ESTABLISHING CRITERIA FOR ISSUANCE, SUSPENSION, REVOCATION,TERM,AND FEES FOR LICENSES; PROVIDING PROCEDURES FOR APPEAL OF DENIAL, SUSPENSION OR REVOCATION OF A LICENSE; PROVIDING FOR THE INSPECTION OF SEXUALLY ORIENTED BUSINESSES AND EXEMPTIONS FROM SAID 110 RESTRICTIONS; ESTABLISHING ADDITIONAL REGULATIONS FOR ESCORT AGENCIES, NUDE MODEL STUDIOS, ADULT THEATERS AND ADULT MOTION PICTURE THEATERS, AND ADULT MOTELS; ESTABLISHING REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY EXPLICIT FILMS OR VIDEOS; ESTABLISHING PENALTY AND FINES FOR VIOLATION; AND PROVIDING AMENDMENT PROCEDURES, A SEVERABILITY CLAUSE, A 115 REPEALER CLAUSE, AND AN EFFECTIVE DATE. STAFF REPORTS City Manager Steve Norwood told Council that Phil Blakely had been promoted 120 to fill the vacant water foreman position and that the City had received a grant for provision of trees at Valentine Park. Director of Finance Brady Snellgrove discussed the January financial statements and answered questions of Council. CITIZEN PARTICIPATION 125 Shirley White, 711 Parker Road, stated that her property had been annexed in 1987 and that she had submitted a sufficient disannexation petition in 1990 which had heretofore not be acted on. She requested disannexation and reimbursement of taxes paid over the past three years. 130 Linda Bair, 406 Rustic Circle in Richardson, stated that her three acre tract had been annexed in 1986 and as she had received no services, she wanted to also pursue disannexation. Ms. Bair was instructed to contact the City Attorney regarding disannexation procedures. 135 3 EXECUTIVE SESSION - 140 Council adjourned into Executive Session at 8:40 p.m. under Article 6252-17 V.A.C.S. to discuss Personnel regarding appointment of election judges, evaluation of City Attorney and evaluation of City Manager. Upon reconvening into regular session at 10:45 p.m., the Mayor announced that 145 no official action was required as a result of the executive session. ADJOURNMENT As there was no further business to come before the City Council for 150 consideration, the meeting adjourned. APPROVED 155 ATTEST 4 City of Wylie AGENDA COMMUNICATION • SUBMITTEDBY: LEGAL DEPARTMENT DIRECTOR: SIEVE P . DEITER DATE REFERENCE NO. SUBJECT 1 "" 3-5-93 DISANNEXATION OF PARKER ROAD PROPERTIES • SUMMARY OF SUBJECT: APPROXIMATELY 30 ACRES ALONG PARKER ROAD (FM 2514) IN THE AREA OF THE VET CLINIC WERE INVOLUNTARILY ANNEXED INTO CITY IN MAY OF 1987 . THE CITY HAS NOT PROVIDED WATER OR SEWER SERVICES TO THE PROPERTIES AND THE OWNERS FILED A PETITION FOR DISANNEXATION (2-11-91) . NO ACTION WAS TAKEN ON PETITION UNTIL RECENTLY WHEN OWNERS RENEWED - THEIR REQUEST FOR DISANNEXATION . THE OWNERS EFFORTS RELATIVE TO THE PETITION AND NOTICE HAVE MET THE REQUIREMENT OF STATE LAW . THE OWNERS HAVE A RIGHT TO FILE AN ACTION IN DISTRICT COURT IF COUNCIL I DENIES THE PETITION . ACTUAL DISANNEXATION ACCOMPLISHED BY ORDINANCE ALTERNATIVES: 1 ) PASS PROPOSED ORDINANCES GRANTING DISANNEXATION FOR FAILURE TO PROVIDE SERVICES 2) PROVIDE SEWER AND WATER SERVICES TO THE SUBJECT PROPERTIES 3) TAKE NO ACTION ON THE PETITION ACTION REQUESTED: (ASSUMING THE COUNCIL DETERMINES IT IS NOT A COST EFFECTIVE MEASURE TO PROVIDE THE SERVICES) ALTERNATE..1) PASSAGE OF ORDINANCES (TWO SEPARATE ONES) DISANNEXING SEVEN TRACTS ON PARKER ROAD (CONTAINING APPROXIMATELY 30 ACRES) FROM THE CITY OF WYLIE REVENUE SOURCES: EXPENDITURE ACCOUNTS: WILL DECREASE REAL PROPERTY TAX RECEIVED FROM THE SUBJECT PROPERTIES N/A IN 1994 AND FUTURE YEARS BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME 0 S CAPITAL ❑ RECURRING 0 OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: XX BACKGROUND MEMO (2) MINUTES LETTER C.I.P. X Y.X X X XORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP,43k § CUjRI BID TAB/SPECS X X OTHER MINUTES XXX LEGAL PETITION DOCUMENTS REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. X CITY SECRETARY DIRECTOR OF FINANCE DIR.OF PLANNING/ENG. UBRARY DIRECTOR POLICE CHIEF XX CITY ATTORNEY PUBUC WORKS SUPR. FIRE CHIEF • - DIRECTOR OF PUBUC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL jae&679 CITY MANAGER MEMORANDUM TO: City Council ,N.14141Pr FROM: Steve Deiter 416 SUBJECT: Parker Road Disann ation DATE: March 3, 1993 I am forwarding herewith two proposed ordinances for the Council's consideration relative to the disannexation of the tracts on Parker Road. The property was annexed into the City under two separate Ordinances, because tracts one and two are in a different survey than the others. Although it was probably not absolutely necessary I thought it would be better for City's records to take the property out the same way it came in (two separate ordinances). I have forwarded to each of the effected owners a "Notice of Intention to Take Action on Petition for Disannexation", by certified mail (see attached copy). I do not anticipate any opposition from the owners. I will have current information regarding the owners response at the time of Tuesday's Council Meeting. I am also attaching a Memorandum dated February 26, 1993 concerning refund of property taxes on the subject properties. I had the Memorandum ready for delivery on the 26th but there was not, at least to my knowledge any delivery. Should any of you have any questions on this matter please let me know. cc: Steve Norwood ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, DISANNEXING TRACT 7 OUT OF THE I. & G.N. RWY CO. SURVEY, COLLIN COUNTY ABSTRACT NO. 1059, CONSISTING OF APPROXIMATELY 4.0 ACRES, FROM THE CITY OF WYLIE; AND CONTRACTING THE CORPORATE BOUNDARIES OF THE CITY OF WYLIE ACCORDINGLY, REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City annexed, on an involuntary basis, the following described property, to wit: Tract 7, out of the I. & G.N. Rwy. Co. Survey, Collin County Abstract No. 1059, Collin County, Texas (herein referred to as the subject property) on or about the 12th day of May, 1987 by virtue of Ordinance No. 87-25, which was duly passed and adopted on said date; and, WHEREAS, the subject property has remained in the city from and after its annexation thereto, but the City has failed to provide municipal water and sewer services to the subject property in the five and one half years following its annexation and such property continues to be without such service as of this date; and, WHEREAS, a majority of the owners of the subject property have, in conjunction with the owners of property located immediately adjacent to the east thereof, filed a valid petition with the City Secretary requesting disannexation of the subject property from the City on the basis of the City's having failed to provide water and sewer services as aforesaid; and, WHEREAS, all requisites relative to consideration and granting of such request appear to have been complied with by the owners, specifically including without limitation publication of notice of such petition on the subject property and in the official City Newspaper, all as required by Section 43.141 of the Texas Local Government Code (LGC);and, WHEREAS, the aforesaid reequsites were complied with and the Petition filed over two years ago but the City has not heretofore taken action on the request of said Petition; and WHEREAS, the City has notified the owners of each of the tracts in the subject property of the City's intention to take action on the Petition for disannexation, said notice being in the form of an written notice mailed certified mail with return receipt requested on the 1st day of March, 1993; and, WHEREAS, the City has not recived any objections to the disannexation of the subject property following the giving of the notice specified in the previous paragraph; ORDINANCE NO. PAGE TWO NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That the subject property, as hereinabove described, and designated on the plat map attached hereto as Exhibit A, should be, and the same hereby is, disannexed from the corporate limits of the City of Wylie, and the City's boundaries are contracted accordingly. SECTION II It is the intent of this ordinance to disannex all the aforesaid Tract 7, and in the event that the said Tract 7 has different dimensions this date than when annexed this Ordinance shall be effective as to that property currently contained in said Tract 7. 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 _.0 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, the above referenced Ordinances No. 87-25 and the territory annexed thereby shall be unaffected by the provisions hereof except as to the subject property herein described. ORDINANCE NO. PAGE THREE DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 9th day of March, 1993. By John W. Akin Mayor ATTEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney fL • • EXtf\% 241 jr" ,$.. QOOSE SURVEY' A-178 4At i i wt•wq • • • 6n LAKEVIEW MANORS *3 • 7 4,1 2 • WILLIAMS $PURGIN SURVEY y MllT w tL1 A-808 'o QUASI. CREEK •ADD.. W. D. PENNY SURVEY • 164. • • 4+1122 - t Ni 1W IV AWN .0AC 3 M w.l.magi' 0. A4. 4,0141[Alt NArlt !PM r woo • rY'LIISO Jr At 4 'ArtAOI PAW.AVI. L.vi At ‘-*-41trirt 10 Ao! AtA/Ltu .11At I& W.L. Toau' a1 At. M. PHEALAN SURVEY 5 wa \\\ I% %AI matte( 0.1 AC. /.Io A-896 u � I . 8 e 9 • 6Ltr PA.atW VA• ' D. W. WILLIAMS SURVEY A-1021 • • ARNTAAI•'tiNAp111011 t41e"Pint .• ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, DISANNEXING TRACTS 23, TRACT 24, TRACT 25, TRACT 28, TRACT 29, AND TRACT 32 OUT OPF THE W. PENNY SURVEY, COLLIN COUNTY ABSTRACT NO. 696, CONSISTING OF APPROXIMATELY 25 ACRES, FROM THE CITY OF WYLIE; AND CONTRACTING THE CORPORATE BOUNDARIES OF THE CITY OF WYLIE ACCORDINGLY, REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City annexed, on an involuntary basis, the following described property, to wit: Tracts 23, 24, 25, 28, 29, and 32 out of the W. Penny Survey, Collin County Abstract No. 696, Collin County, Texas (herein referred to as the subject property) on or about the 12th day of May, 1987 by virtue of Ordinance No. 87-23, which was duly passed and adopted on said date; and, WHEREAS, the subject property has remained in the city from and after its annexation thereto, but the City has failed to provide municipal water and sewer services to the subject property in the five and one half years following its annexation and such property continues to be without such service as of this date; and, WHEREAS, a majority of the owners of the subject property have filed a valid petition with the City Secretary requesting disannexation of the subject property from the City on the basis of the City's having failed to provide water and sewer services as aforesaid; and, WHEREAS, all requisites relative to consideration and granting of such request appear to have been complied with by the owners, specifically including without limitation publication of notice of such petition on the subject property and in the official City Newspaper, all as required by Section 43.141 of the Texas Local Government Code (LGC);and, WHEREAS, the aforesaid reequsites were complied with and the Petition filed over two years ago but the City has not heretofore taken action on the request of said Petition; and WHEREAS, the City has notified the owners of each of the tracts in the subject property of the City's intention to take action on the Petition for disannexation, said notice being in the form of an written notice mailed certified mail with return receipt requested on the 1st day of March, 1993; and, WHEREAS, the City has not recived any objections to the disannexation of the subject property following the giving of the notice specified in the previous paragraph; ORDINANCE NO. PAGE TWO NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That the subject property, as hereinabove described, and designated on the plat map attached hereto as Exhibit A, should be, and the same hereby is, disannexed from the corporate limits of the City of Wylie, and the City's boundaries are contracted accordingly. SECTION II It is the intent of this ordinance to disannex all the aforesaid Tracts and in the event that any of the said Tracts have different dimensions this date than when annexed this Ordinance shall be effective as to that property currently contained in the various Tracts. 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, the above referenced Ordinances No. 87-23 and the territory annexed thereby shall be unaffected by the provisions hereof except as to the subject property herein described. ORDINANCE NO. PAGE THREE DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 9th day of March, 1993. By John W. Akin Mayor ATTEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney 111..GQQ2E;I:RVEY L. :. . • • I • . . Jr /21- i "Os ews es • . . i , Isms& • I.- Mai iViI1 , . . ' arPhtt I • , . . II. • 'LAKEVIEW MANORS . #2 • -. . •. . LMM*14Yr.MASORO. . .14, A.WX.B.T OuRVay •ST.1415 • • • . . •• . • . • . . .• . • 1. . . ...mow jam. . i; 20 2 I • • i antis 0•Ikd ..A, 110.0110 MO 014 ri • IMMal s61M : • \. • . . at:::.•••"1:4"4.a($ . • MIMM.0 . • We Awn II. • =giro 00;.AURV01} .1 " r 1"1"1" ..... agr . onvoks . ow-iii 0 ------ miniiIIMIP11959 . I PAW • Maui • oui Mk 004440 VIA M. _ . • %NI a• 20.13 A. . /0.4/.1. 0:4*pd.ONO . 44 , . .• • 40 4 ii A------ IMO lir . . • • 1 FT 1.6•111 Plk . 18‘ • . • .gar" ikti - t • • °' B. . ... e owns • ,;_,......., . WY • — '1,..' ar 5 BWt14eliitrh1 4a•11'~a!4,l 4wM•e , f.10a.r43i1ld A M 1.'1 :-...... 'rn•17 4 4. TRu• PTT st av• kY ' A—pto /re 7.11f ._ tali I to. illAt arniPtA / • . la M •; .. 'As rf•411411116•0‘•ay. _________ e • 1.114. , . / Dt wit.t.imm, SURVEY. A71021 • 34 ALM MMIfista El.•11.1 1.03 At . . . I• 8. SHELBY SURVEY* 1 • • • • ,A=1,12o 7 -2° •“_ • • • . • • CENTRAL APPRAISAL DISTRICT • ti---•• •• • • - • • °•=mwi. not I IN COUNTY SCALE : 111-•..; 403‘. • • • CITY OP' wY-LIE 2000 HWY.78N.-P.O.BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 Garry White, Sr. and Shirley White 711 Parker Road Loop Wylie, Texas 75098 VIA CER TIMED IED MAIL NO. Return Receipt Requested Re: Tract No. 1 (see attached map) (� NOTICE OF INTENTION TO TAKE ACTION ON PETITION FOR DISANNEXATION YOU ARE HEREBY NOTIFIED, of the following relative to possible disannexation of your property (described on Exhibit A attached hereto and incorporated herein by reference)by and from the City of Wylie, Texas: 1. That the owners of Tracts 1, 3, 4, and 5 (as designated on the attached map) filed a Petition with the City of Wylie to disannex Tracts 1 through 7, inclusive, for failure to provide municipal services. 2. That although said Petition was filed on or about the 12th day of February, 1991 the City has not previously taken action on the same. 3. That the petitioners have recently renewed their request for disannexation and requested the Wylie City Council to pass an ordinance disannexing Tracts 1 through 7, inclusive, from the City of Wylie for failure to provide Municipal Services. 4. That the Wylie City Council will consider the Petition and may take action to grant the request at its March 9, 1993 meeting. 5. That it is necessary for you to indicate your present position concerning the disannexation on the copy of this Notice by checking the appropriate blank and d returning the marked Notice to the City in the enclosed self addressed stamped envelope by March 8, 1993. 6. That returning the Notice in no way limits your right to appear at, or participate in, the Council meeting which begins at 7:00 p.m. on March 9, 1993; your attendance and participation in the meeting is welcomed but not mandatory. 7. Should you have any questions on the status of this matter or its effect on your property you should contact the City at the above number before the March 9, 1993 Council meeting. Dated this day of February, 1993. By Steven P. Deiter City Attorney spd:sd ` J ' I � q a . , d .. r 5 I� •• • • w• • • '•,,•'.t, ' • •(, a .\ .I I I )`. • •Pao • . a r-- • , ..,. 1 *.#':[- II -J.. 1 IA . .A. 1111111 Irl: 1-1:YT Tr IIIIIIINXMO11111.)....: . • • • • • �• it v JJ �o r INYO r . ...: . :: • . .:..:. ... ... • • . •• • • 1 1 1.1 ‘• ** *** . 1 I I..ll'IN1111: 1111111( %A.. if,- ..,....,. 1,, . I.. ?4\ 0 .L,L 1 I i 116"1..„,..._,....11111NOMI0111; . .. .• N i�, ji ..�"XI • a � MfCa11M .\ `d' 1 5 x ' / I Ls tt: • • f� .Aug ri:I.. v1 . \410 x L E INli IIIOt F .•,C :• �- ;,I R J�\ , 1• I. I--- . , 4ini " - 1 1 I{ i • • . i._. :,Lr's:,, .... i. \\ \ ; \ •\ ! :i�y�! � i • ► �.: . • • ' ;7 •• { • , 7yQ � + � •r •., i • � • �r •ti •• �i ..'' ^ .. � +t:Y : 3 ?.••�• ;:4 d24•,12..kt'lfn..: •� I . ,, •• 4,1 tiS p:w ... ; •• t • 1 �' TRACT ONE • --.‘/%1,‘ a Being, a tract of land situated in the I. & G.N.,Boilroad Company Survey, Abstract No. 1059, Collin County, Texas, and also being part of a 4.00 acre tract as conveyed to Glen E. Pockrus and wife, Joyce Pockrus, Recorded in Volume 1293, Page 84, Deed Records, Collin County, Texas, and being more particularly described as follows: Beginning, of the Northwest corner of said 4.00 acre tract, a concrete monument for corner; - • Thence, S. 89° 54' 19" E., along the North line of the said 4.00 acre tract a distance of 191.58 feet to a 1/2" iron stake set for corner; Thence, S. 1°43' 01"W., a distance of 253.58 feet to a 1/2"iron stake set for corner; -- Thence, N. 89°54' 19"W., a distance of 182.70 feet to a 1/2" iron stake set for corner; }: Thence, N. 0° 17' 19"W., along the West line of said 4.00 acre tract a distance of 253.49 feet to the PLACE OF BEGINNING, and containing 1.089 acres of land. TRACT TWO ITUATED in Collin County, Texas, in the I • • .11. Railro- - Company Survey, Abstract Ho. 1059, • • being a portion • the 5 acre tract conveyed as •ct 2 in the deed from ` - .tage Properties . Inc. , . ylie Northeast !later Supply Corpor• ion recorded in Vo .a1187, Page 61 , of the Collin County De- • Records, an• •eing more particularly described as folio • BEGINNING at the • zest corner of said 5 acre tract; THENCE SOUTH 37 • • 3 'pin 21 sec East. 203.59 feet to the Southeast co - er of • fid 5 acre tract; THENCE NORT deg 40 :ai '9 sec East uith the East line of said ct. 807.12 feet a stake; TUNC .ORTII 39 deg 57 min 45 vest, 230.91 feet to a str in the West line of said 5 e tract; ENCE SOUTH 0 deg 17 min 19 sec Eas th the ;lest li • of said tract. 797.67 feet to the place • •eginning; and CONTAINING 4 acres of land. MEMORANDUM TO: City Council FROM: Steve Deiter SUBJECT: Parker Road Disannexation - fund of Taxes DATE: February 26, 1993 I have reviewed the files relative to the request of Shirley White and her neighbors which was brought up at Tuesday's meeting. I am forwarding herewith a copy of the Petition, cover letter and attachments which were presumably mailed to the City on February 11, 1991. I say presumably because I was unable to locate the documents anywhere in City Hall. The documents meet all of the requirements necessary to properly request disannexation. The only possible concern is that two plus years have passed since the petition was filed. However the statute dealing with disannexation for failure to provide services contains no outside time limitations. It only provides that if the City fails to take action within 60 days following filing of the petition the owners can file an action in district court to be disannexed. Another concern which the passage of two years creates is whether the owners still desire disannexation and whether all of the property owners are the same as they were two years ago. I am forwarding notices to all effected property owners advising them that the Council will consider granting disannexation, based on the February 11, 1991 petition, and request they respond, for or against disannexation, prior to the March 9th Council meeting. From what I have been able to obtain all of the owners are the same as the ones who filed the petition two years ago. I have not gone over the original annexation proceedings, the underlying circumstances, nor the petition for disannexation with a "fine tooth comb". I have reviewed them enough to be reasonably certain that the annexation was involuntary, services were not provided in four years, and the owners have filed a sufficient petition (and complied with all pre-requisites) for disannexation. In other words, since I perceive the council's position to be in favor of granting the request I have not gone to great lengths to find reasons, or technicalities, to serve as a basis for not granting the request. If my actions in this regard are not in accordance with the intent of the Council please let me know. I will be preparing a disannexation ordinance for the Council's consideration and passage at its next meeting. The ordinance is all that is necessary to accomplish the disannexation, since all other background work has been previously accomplished. The other issue which the owners, through Shirley White, requested attention was the possible refund of their real estate tax paid to the City for the last three tax years. Their position being that they should have been disannexed in 1990, or 1991 at the latest, and therefore should not have had to pay the taxes to the City. I have attached a listing of the 1992 property taxes ,.W (city portion only) for each of the properties in question. As indicated the total is $4,377.56 for 1992 and I assume it would be approximately the same for the other two years in question. I researched whether the council should, or even could if it so desired, refund the taxes on these properties for one or more years. Based upon my findings I am of the definite opinion that there is no legal authority for such a refund. The State Tax Code (T.C.) and State Constitution (Constitution) would seem to prohibit a refund under these circumstances. What is or isn't taxable for the City is determined as of January 1 of a given tax year. If it is in the City on that date it is taxable for the whole year, without proration, even if it be removed from the City on January 2 (T.C. 21.10). The code does allow for corrections and refunds based on the corrections, but only in those instances where the correction/refund is for clerical errors, erroneous or excessive payments. None of these exceptions would apply. The properties were legally annexed by an ordinance and until disannexed (by ordinance or court order) remain part of the City, and not erroneously or mistakenly so. The primary Constitutional provision is in Article VII Section 1: "Taxation shall be equal and uniform. All property in this State . . . . shall be taxed in proportion to its value . . . " If the City were to refund the taxes in this case it would have the effect of these property owners being treated in an manner other than uniform and their property not being taxed even though it was in the City. The Constitution further provides a prohibition against giving away public monies, in Article III Section 51: "The legislature shall have no power to make any grant or authorize the making of any grant of public moneys to any individual, association of individuals, municipal or other corporations whatsoever If there is no legal duty or authorization for refunding the money, as noted above there is not, then refunding it would amount to a gift of public monies and therefore violate the Constitution. Given all of the above I do not believe the property owners could prevail if they instituted a suit against the City for recovery of the prior taxes. I have confirmed the above opinions and recommendation with a tax attorney who is in agreement with the same. Should any of you have any question or require further follow up please advise. cc: Steve Norwood. INFORMATION FROM CURRENT TAX ROLLS PARKER ROAD DISANNEXATION TRACT - 1 1992 TAXES Garry White Sr. and Shirley White 711 Parker Road Wylie, TX 75098 1.089 acres $888.76 TRACT - 2 Glen E. and Edna J. Pockrus 220 McCree Road St. Paul TX 75098 3.0 acres $196.86 TRACT - 3 Michael A. Beem and Regina A. Beem* 709 Parker Road Wylie, TX 75098 3.920 acres $343.42 TRACT - 4 Charles A. and Patricia B. Kerin 707 Parker Road Wylie, TX 75098 1.0 Acres $ 1,064.48 3.453 acres $792.38 TRACT - 5 Ray S. and Glenn F. Turner 615 Parker Road Wylie, TX 75098 4.360 acres $264.38 TRACT - 6 Mrs. C.S. Conelley** 605 Parker Road Wylie, TX 75098 5.0 acres $154.41 TRACT - 7 William R. Downs Jr.*** 601 Parker Road Wylie, TX 75098 1.870 acres $115.01 2.993 acres $557.86 TOTAL TAXES $ 4,377.56 *Tax rolls indicate owner as David K. Rochester, whom I understand is deceased and Regina A. Beem is the former Regina A. Rochester **Tax rolls indicate ownership in C.S. Conelly et ux, but I understand C.S. Conelly is now deceased *** The 2.993 acre tract in under name of William R. Downes, Jr, and I assume this to be an incorrect spelling of the same name as Downs JOHN EDWARD RAPIER, P. C. Attorneys and Counselors at Law P. O. Box 750 100 Belmont Drive A\llea, Texas 75002 John Rapier Telephone: 214-727-9904 Facsimile: 214-727-1(151 February 11, 1991 Mr. Norwood CERTIFIED MAIL #P 521 986 354 City Manager RETURN RECEIPT REQUESTED City of Wylie 2000 Highway 78 North P. O. Box 428 Wylie, Texas 75098 Re: Disannexation Petition Dear Mr. Norwood: Enclosed are the following documents which are to be filed with the City of Wylie pursuant to *43.141 of the Texas Local Government Code: 1. Disannexation Petition for the disannexation of 28 acres in the City of Wylie; 2. Affidavit of Publication; and 3. Affidavit of Posting. Please advise me of Wylie's position on this matter at your earliest opportunity. Should you have any questions or concerns regarding the/petition, please call. We appreciate your aid and assistance. Ve •urs, i hn 7 Rarer JER/ekd enclosures sp\p\wylic.ltr cc: Petitioners for Disannexation Cc . StiAl4.7 tC2I 1ems STATE OF TEXAS § COUNTY OF COLLIN § AFFIDAVIT OF POSTING BEFORE ME, the undersigned authority, appeared Shirley White, who after being duly sworn, stated as follows: "My name is Shirley White. I am a voter who has signed a petition for disannexation. The petition or petitions were posted prior to circulation for ten (10) days in three public places in the area to be disannexed as follows: On October 11, 1990 through October 21, 1990 the attached petitions were posted on the public right-of-way in front of the following locations: �A. y ;1 , -n� _f rt� ,,�,�- t c,� - 7 3,i 7vs B. '7Z) '7 ,-- -k- Z (�G.�? /ef a i'f and • C. 7 p -) Rd • I have personal knowledge of the facts stated herein and they are true and correct. 1 - Shirley Wh' e SUBSCRIBED ,AND SWORN TO before me the undersigned authority on the day of ..�,!�f.� — , 1991. • Notary Public ih • d for The State of Texas AFFIDAVIT OF POSTING - Page 1 sp\p\posting.aff • • • • • • • - f L • e'Fts• •ti • T�T•r,.. _'J;�'�= ?C �r:..: .•-_... r.,,„,: :s•+:.,..=_+...-- ,--- �? =:a'•',a :::: a•T:�v..i:..h.....:a. .» IJ.may ., ..•war tr99tts • 7 LC . 1A LC AI 6(91 PAT 77 D:O. ��Via` 20.• K. • 173 K. - �� -• CO•.aA:aIC•T.0.IS SERVICES INC. _emu SCRV ••r Q9 K[NNEr.. •,� •' AC nd , o•c ..ILsw �1�' j �trrsEr • •A•afl.fA3' 1E1 tC. MARPDW YA-ER:.r a 1 e AC _,AivrAGf FaW 2.N LC-- w_ Cry C.T.J. 1.4)1C ' T� o p t m -t- Trams ��ro7 c t . • 1 s D rr•L._e_f I > wHvIrt - b G' I .00 i► tic.Ao�c,..G .w. r,l C'. i GI-7EIL N' JACK PARR . - POr,IRJS `4 •.ewC. rNF o,_t-S A PLt rlf+rew 4" jr� A2.O AC DAVID ERN S 0 1C GU.E�*- Y 3 At. NOU�Y'Ew • SO AC , rt' • 1 Tracf- Trc�.or utltlT eES CLEC.-- • -- • • 1•1/ • 0 , ' I.. 's • )� , '._ • , E. GASTON DR • / /•• �. el AESUS ES►Alot• N . ___ _ . • _. • •••. • / k. /' / » • AKK ORrvE. - .PROPOSED 1D• R.O • ,/� / / •_.. -v �._1 z< © o u n 'j PCERLESS UP6. / _� _ -.�-• t - 33.66 AC. • DISAIN'EXATION PETITION FOR FAILUThE TO PROVICE SERVICES PURSUA!T TO 43.141 OF THE TEXAS LCCAL GOVERNMENT CODE We, the undersigned, a majority of the qualified voters in the territory described herei , petition the City of Wylie, Collin County, Texas, to disanne:c a � 11 acre tract of land, described in the Exhibit a_tac ed er to and included herein for all purposes, for the fa__ure of the City of Wylie to provide services in accordance vith Sec. 43 .056 of the Texas Local Government Code. Date In- _ i(-' Printed Name 47 ., c. c. Complete Address r7/j f Precinct No. ,f'c ..2 '7 Voter Reg. No. / W cl - ° j Si nat4.1 e 9•1 • Date Complete • Address Precinct No. Voter Reg. No. Signature • • DISANNEXATION PETITION FOR FAILURE TO PROVICE SERVICES PURSUANT TO 43.141 OF THE TEXAS LOCAL GOVERNMENT CODE We, the undersigned, a majority of the qualified voters in the territory described herein, pe ition the City of Wylie, Collin County, Texas, to disannex a _zed acre tract of land, described in the Exhibit attached he e o and included herein for all purposes, for the failure of the City of Wylie to provide services in accordance with Sec. 43 .056 of the Texas Local Government Code. • Date /p _•3 6 _ Printed Name ?ff •,/ Complete Address (v/`2 j-1' 1T" -eA7 An. ! J) \h/V% i X 2 f i7 Precinct No. 0 6,7? 7 Voter Reg. No. Signa ure . Date% 4—is 4'C'Ny i TU Complete Address i ex-e /' 2.5)6 g vV j1L y Precinct No. Q O.'7 Voter Reg. No. db jjj44 4/-.7-7.A,c./ fit/ Signature • • • • DISANNEXATION PETITION FOR FAILURE TO PROVICE SERVICES --- PURSUANT TO 43.141 OF THE TEXAS LOCAL GOVERNMENT CODE We, the undersigned, a majority of the qualified voters in the territory described herein, petition t�lthhe City of Wylie, Collin County, Texas, to disannex a -41 (Zia) acre tract of land, described in the Exhibit attached er to and included herein for all purposes, for the failure of the City of Wylie to provide services in accordance with Sec. 43 .056 of the Texas Local Government Code. Date /° Printed Name (2i1/4/C2E ,4. /I ,t,► Complete Address 7 2 .P/(� �� �t/�-C/�� &4 S r Precinct No. 6)Gr . K;( // Voter Reg. No.bl g6 /7�5 1 t • —!�_ Signature Date /Q - .5J--%J g/P71;81G119 A /A) Complete / /� / , ��/ Address 7U/ G" A(V /��C,. tz)1 6..Zi `- �SD Precinct No. e2042 Voter Reg. No.4 8O oigil � 1 Signature • n • • DISAAYEXATION PETITION FOR FAILU2 TO PROVICE SERVICES PURSUAET TO 43.141 OF THE TEXAS L=CAL GOVERNMENT CODE We, the undersigned, a majority of the qualified voters in the territory described herei:., petition the City of Wylie, Collin County, Texas, to disanneX a - t Zejj) acre tract of land, described in the Exhibit a=tac, ed her SSt66 a d included herein for all purposes, for the fz__ure of the City of Wylie to provide services in accordance v:th Sec. 43 .056 of the Texas Local Government Code. 7 Date l/ �%j-qb Printed Name/c c;/VA Complete i) Address `?,A cL rke r J-C 1 (7 c ,c Precinct No. /•)C_)r9 Voter Reg. No. _'/4�/'J \ J Signature • Date / 1 I' ` —) i^-gcJ �, -i?4 e /9- r"/Y1 Complete • , / • Address '7 J ' fi eY te. L'L'dp �V(f//� , T7 `2c7 • Precinct No. U Cl 1-7 Voter Reg. No 4g1 Co q/7 Sig nature • • • • .Y f 'AS.'flt�'P�''Pj't• n ' f' S`�: ^r .:;i';ti-��.•.-s..-r; ..•-7%..^�w•r�,a.;e,�.e..�-ti— _-as;.: �.s.•••,!;,..:�r=:;..=r:i:;_/•-7s'i=a''.,_C,^<^'��.r„tir{,w�;.:.�:.-.--.•-...•L.rs'...._r r 7 •.4P4Y 2.002.2E . 4 7 K .4 4 44- M.43 K. 4•4 AC AI,SE Pr •LT::O::J. .. err�� 20.4 �C. I• S9 ne _ - , • - C0N• R.ICAT00NS novices 1HC. <a ' Ile AC. 4.0 KENNCT.. 51/4�T� 'I , 1!4 X ► Shaw OLCN V.YiMEAS'. ye•A 1!4C .NY1►dY - vet*•F 201C. ...e /i4PY ., ►4RK • ____ ___,__II!VD_ _____._--_IreNTaG p EJ► 2.204C-- �A- WYLICACT.. LK C t Traci- • Tract Trc_ct Tro-c. _. flCk t(-elm2 r5 JOCK PIPR •0CKP ACUS 42o .O.C. C..LP•r-S 4 4_Y1F•.TCR 4.--- .4 `• //11 0av10 4CPY SO• CCf(CT - 3 rlt. 4pCKSER 50 4C , 'L. • Tracf 1" ractl r1E5 . [IEC / N. 7 71• • f�° yei ' , E. GASTON 04- 0 4- ..... . •I . . . / C.. �,�� . . . . i. . // n © _.��/ •_ nsys tsnow: . i 1 . . • i. j / J ♦ • ` Am./ OR!YC: �40roSSQ 30• R.Ow :1 - ' . MN C i -! / / y f] " —1 j -.0• =,•C _ , "K[RECSS MiG. •.) .�•�v i— • �'..• -_y_ - . +. - 1 - ,�. • THE WYLIE NEWS P. O. BOX 369 WYLIE, TEXAS 75098 STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Truett Smith , of the Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas who being by me duly sworn deposed and says that the forgoing attached Disannexation Petition for St. Paul was published in said newspaper on the following dates to wit: October 17 ,1990 and ,1990. • Subscrib and sworn to before me this the 2—Jo rt day of LA ) ,1990 to certify which witness.my hand and seal of office. 4i)Ct41141; (' aoL Margaret eook Notary Public in and for the State of Texas My Commission expires 9-12-93 c e. ectetc 6eSC r k ptioks O w►i t f a c Le4— Serving Wideawake Wylie Since 1947 City of Wylie AGENDA COMMUNICATION City Manager Steve Norwood SUBMITTED BY: DIRECTOR: DATE REFERENCE NO. SUBJECT 3/5/93 3 Ordinance Accepting Revised Lone Star Rate Increases SUMMARY OF SUBJECT: Attached is an ordinance reflecting what we've suggested Betty Stewart present to her corporate personnel. As yet, she has not responded with their opposition or approval. The ordinance removes the weather normalization and changes the base rate charge to residential customers from $8.00 to $6.50 and to commercial I - customers from $14.00 to $10.50. We have also indicated that overall consumption increase should be limited to 5.75 percent as opposed to the 6.98 percent they proposed. - ALTERNATIVES: (1) Approve the ordinance with the revised rates and removal of weather normalization (2) Take no action and allow the automatic 90 day suspension to take effect (3) Deny Lone Star's rate increase proposal and allow 90 day suspension to take effect (4) Approve their original proposal ACTION REQUESTED: Staff is recommending that Council approve the ordinance with the revisions that we have proposed with a condition that consumption be limited to an increase of 5.75 percent 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 REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. - CITY SECRETARY - _ POLICE CHIEF CITY ATTORNEY '--- LIBRARY DIRECTOR _. PUBUC WORKS SUPR. FIRE CHIEF • - DIRECTOR OF PUBUC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY ANAGER ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, FIXING AND DETERMINING THE GENERAL SERVICE RATE TO BE CHARGED FOR SALES OF NATURAL GAS TO RESIDENTIAL AND COMMERCIAL CONSUMERS IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS; PROVIDING FOR THE MANNER IN WHICH SUCH RATE MAY BE CHANGED, ADJUSTED, AND AMENDED; APPROVING THE ELIMINATION OF THE RATE SCHEDULES FOR PUBLIC FREE SCHOOLS-N AND THE COMMERCIAL CONTRACT PUBLIC SCHOOL RATE; PROVIDING FOR A TAX ADJUSTMENT; PROVIDING FOR .A SCHEDULE OF SERVICE CHARGES; AND PROVIDING FOR THE RECOVERY OF ANY CURRENT OR UNRECOVERED PRIOR RATE CASE EXPENSE; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on February 2, 1993 Lone Star Gas COmapny (Lone Star), a franchised provider of natural gas services within the City of Wylie, filed a Statement of Intent to change the rates charged for natural gas service in the City of Wylie; and, WHEREAS, the City was not agreeable to all of the changes specified in the Statement of Intent; and, WHEREAS, the City and Lone Star have reached a negotiated position relative to the increases and charges for natural gas in the City of Wylie; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I • Subject to the following provisos, effective with gas bills rendered on and after thirty (30) days from final date of passage of this ordinance, the maximum general service rate for sales of natural gas rendered to residential and commercial consumers within the City limits of Wylie, Texas by Lone Star, a division of ENSERCH Corporation, a Texas Corporation, its successors and assigns, is hereby fixed and determined as set forth in Item A, in the Attachment hereto which is incorporated herein. This ordinance also approved the elimination of the Rate Schedule for Public Free Schools-N and the Commercial Contract Public School rate and placement of those customers receiving said rate on the commercial rate set forth in Item A in the attachment hereto. PROVISO NO. 1 : If this ordinance is finally passed and approved before the effective date stated in the Statement of Intent the new rates shall be effective with as bills rendered on ORDINANCE NO. PAGE TWO and after thirty (30) days from the final date of passage of this ordinance for the good cause of reducing regulatory lag. PROVISO NO. 2 : If this ordinance is finally passed and approved after a period of suspension, the new rates shall be billable immediately in order to reduce regulatory lag. This provision is an exercise of the regulatory authority's discretion to establish the effective date of rates at anytime after jurisdiction attached, and its authority pursuant to stat law to establish rates for any period of suspension. SECTION II The residential and commercial rates set forth above shall be adjusted upward or downward from a base of$4.0200 per Mcf by a Gas Cost Adjustment Factor expressed as an amount per thousand cubic feet (Mcf) of natural gas from changes in the intercompany city gate rate charged as authorized by the Railroad Commission of Texas or other regulatory body having jurisdiction for gas delivered to the Wylie distribution system, according to Item B, in the Attachment hereto which is incorporated herein. SECTION III Company shall also receive tax adjustments according to Item C in the Attachment hereto which is incorporated herein. SECTION IV In addition to the aforesaid rates, Company shall have the right to collect such reasonable charges as are necessary to conduct its business and to carry out its reasonable rules and regulations in effect. The charges set forth in Items D and E, in the Attachment hereto which is incorporated herein, are approved. services for which no charge is set out may be performed and charged for by Company at a level established by the normal forces of competition. SECTION V In addition to the aforesaid rates, Company is authorized 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 will be calculated by dividing the rate case expenses to be recovered by one-half of the adjusted annual sales volume to residential and commercial customers. The company will provide monthly status reports to account for the collections. ORDINANCE NO. PAGE THREE SECTION VI The rates set forth in this ordinance may be changed and amended by either the City or company, only in the manner provided by law. Service hereunder is subject to the orders of the regulatory bodies having jurisdiction, and to the company's rules and regulations currently on file in the Company's office. SECTION VII 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 VIII This ordinance shall be in full force and effect from and after its adoption by the City Council as the law and the City Charter provide in such cases. SECTION IX 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 X 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. ORDINANCE NO. PAGE FOUR 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 ATTACHMENT TO ORDINANCE NO. CITY OF WYLIE, TEXAS TARIFFS & SCHEDULES ITEM A. RATES 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 $6.5000 All consumption @ $ 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 $10. 5000 First 20 Mcf @ $ per Mcf Next 30 Mcf @ $ per Mcf Over 50 Mcf @ $ per Mcf If the service period is less than 28 days in a month, the customer charges 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. ITEM 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 the 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 B (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 B (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 B (1) and Item B (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 B (1) , Item B (2) and Item B (3) as follows: GCA = [Item B (1) + Item B (2) ] X Item B (3) GCA = [ (1. 0356) (Re - $4. 0200) + C] X 1. 04217 X ITEM 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. ITEM D. SCHEDULE OF SERVICE CHARGES (1) INAUGURATION OF SERVICE In addition to the charges and rates set out above, the Company shall charge and collect the sum of: Schedule 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 For each inauguration or reinauguration of gas service, where service has been discontinued at the same premises for any reason, with the following exceptions: (a) For a builder who uses gas temporarily during construction or for display purposes (b) For the first occupant of the premises (c) Whenever gas service has been temporarily interrupted because of system outage, service work or appliance installation done by Company; or (d) For any reason deemed necessary for Company operations. (2) RETURNED CHECK CHARGE A return check handling charge of $13 .75 is made for each check returned to the Company for reasons of non- sufficient funds, account closed, payment withheld, invalid signature, or improper preparation. (3) COLLECTION CHARGE A charge of $9.50 shall be made for each instance when it is necessary for a company employee to go to a customer's residence or place of business in order to collect amounts owed the Company for gas service previously rendered. This charge shall not apply if service is terminated at the time of the collection action. This charge shall apply to only one trip on the same amount owed. ITEM E'. MAIN LINE EXTENSION RATE The charge for extending mains beyond the free limit established by Lone Star Gas Company, or any free limit established by franchise, for bona fide residential customers shall be the lesser of: (a) the system-wide average cost of construction, including all overheads, for the prior fiscal year or (b) the adjusted actual cost as determined by applying the latest Handy-Whitman Index to the 1975 actual base cost of $2. 94 . A bona fide residential customer uses gas for heating and water heating, or the equivalent load thereof, at a minimum. Residential customers other than bona fide residential customers shall pay actual cost for main line extensions beyond the free limit. The Company shall file the calculation of such charge with the City as soon as sufficient data is available each fiscal year. Extension to commercial and industrial customers shall be based on actual cost per foot. City of Wylie AGENDA COMMUNICATION SUBMITTED BY: COMMUNITY SERVICES DIRECTOR: BILL NELSON DATE REFERENCE NO. SUBJECT 3/9/93 ,�, Gnu. Scour CARNIVAL -APRIL 4, 1993 (RAIN DATE 4/18/93), CommuNrrY PARK SUMMARY OF SUBJECT: The Girl Scout Service Unit 353 is requesting the use of Community Park (Picnic Pavilion/Exercise Equipment areas) on above date(s) for a fund raising carnival. They anticipate having 20-25 booths/stands for these games/activities. They will be selling some items but not concessions. They will be responsible for setup/breakdown, clean-up, supervision and contacting local authorities about this event. The Park and Recreation Board and I are recommending that this event be allowed. ALTERNATIVES: 1.) Approve that this event can take place as outlined 2.) Deny request ACTION REQUESTED: 1.) Recommend to approve Girl Scout Service Unit 353 request for fund raising carnival at Community Park on April 4, 1993 (Rain date 4/18/93). REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A N/A 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 x LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVJEWED BY: X CITY MANAGER X DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBUC WORKS SUPR. FIRE CHIEF • . DIRECTOR OF PUBLIC WILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL 4110.:a. .,./1 i stag% TY MANAGER February 8, 1993 Mr. Bill Nelson Director Wylie Parks and Recreation 800 Thomas Street Wylie TX 75098 Dear Mr. Nelson: Per our recent telephone conversation regarding holding a Girl Scout carnival at Community Park on April 4, 1993, I am enclosing the following pertinent information. Point of contact: Shirley Thompson, 462 Ewing Way, Wylie TX 75098 (Three (3) year resident) . 44 1 - [.F c3S E Volunteer position in Tejas Girl Scout Council: Service Unit 353 (Wylie ISD) Fund Development Coordinator and Daisy Girl Scout Leader. Nature of request: Use of Community Park on Sunday, April 4, 1993, from 11:00 am to 6:00 pm with the actual event taking place between 1:00 pm and 4 : 00 pm. In case of rain (or other inclement weather) , an alternate date of Sunday, April 18, 1993 is requested. Purpose of request: Service Unit 353 plans to hold a carnival fund raiser in conjunction with the Tejas Girl Scout Council Family Partnership program. We are developing a program to include family involvement in fund raising. The monies raised during this event will go to Tejas Girl Scout Council to support all phases of the Girl Scout program, and will ultimately benefit Wylie girls. The activities have been designed and selected to enhance the Girl Scout program. While one of the goals is to increase girl recruitment and enhance girl retention, this is a family activity, and as such, has something for everyone. Our Responsibilities: Service Unit 353 will provide the following items: * Contact all local authorities (police, fire and ambulance services) * Provide all supervision during the times the park is requested (11:00 am to 6:00 pm) * Take care of all event set-up and take down, to include "leaving the area better than we found it. " This includes removal (and recycling, if applicable) of all trash generated during this event. * We understand that no concessions are permitted per Wylie's contract with the Sports Association and we have made no plans to engage in these activities. * All publicity for this event. We will also remove all advertising for this event event upon its completion and will comply O-as �oJ -1-/S--c,45 - j T IC.-.�'�.- f/��f Pv+`.e�G C' n-+ � o with all Wylie City Ordinances regarding posting of signs and other types of advertising. Local References: Debbie Brown, Service Unit 353 Manager (503 Sheffield, 442-3772) , Diane Deckert, Service Unit 353 Troop Consultant (705 Summer Place, Murphy, 423-7296) and Susan Marcinko, Service Unit 353 Adult Development Specialist (307 Meadow Court, 442-2368) Council Reference: Kimberly Bradford, Tejas Girl Scout Council Fund Development Director, 823-1342, ext. 229. Thank you very much for your time and attention to this matter. We appreciate your support for Girl Scouting in Wylie. In appreciation for the use of Community Park, we would like to take this opportunity to offer our services for a park clean-up activity (or other appropriate activity for Wylie Girl Scouts) , at a later date, in addition to the clean-up following the event. Sincerely yours, Shirley Thompson Service Unit 353 Fund Development Coordinator cc:Kimberly Bradford Debbie Brown Diane Deckert Susan Marcinko City of Wylie AGENDA COMMUNICATION SUBMITTED BY: CITY MANAGER DIRECTOR: STEVE NORWOOD DATE REFERENCE NO. SUBJECT 3/9/93 6 EXTENSION OF WATER SERVICE TO PIG BARN/SANDEN BLVD. SUMMARY OF SUBJECT: The Birmingham Land Trust has purchased a tract of land off of Sanden Blvd. to be developed as an agricultural complex - - pig barn. This tract of land that was purchased is not within the corporate city limits of Wylie. Since this tract is not within our city limits, the developer/builder - - Birmingham Land Trust, does not have to obtain proper zoning, building permit or °.._ inspection. However, if they choose to obtain city water and sewer, they must receive Council approval. The land trust is requesting permission to receive city services. ALTERNATIVES: The attached memo will better explain the issues. l.) Approve land board request to receive city utilities. 2.) Deny request. 3.) Approve sewer but not water. ACTION REQUESTED: Recommend approval of sewer and water services provided that Birmingham Land Trust follows city requirements. REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A N/A BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ • S CAPITAL 0 RECURRING 0 OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: X 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: X CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. UBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBUC WORKS SUPR. FIRE CHIEF • - DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMIS I N TO CITY COUNCIL CITY MANAGER MEMORANDUM DATE March 4, 1993 TO • Mayor John Akin and City Council FROM Steve Norwood, City Manager SUBJECT Permission for City Services The Birmingham Land Trust is requesting city water and sewer services. Currently, the property is zoned outside of our city limits but within very close proximity of Sanden International. I personally do not agree with the location of this pig barn. However, with the property being in the County, the City has absolutely no control on this development. The only control we have is to determine whether or not we have to provide utilities. There is not a concern to providing sewer services since there is a major line close to their property and has little affect on our system. The main concern is water services. In order for them to obtain water services, they must tie-in and receive a city water tap at the location on Sanden International property. Bill Lewis is requesting to tie-in to a 12" water main with a 2" private line. In other words, it would not be a dedicated city line. I told Mr. Lewis that it would be my recommendation to City Council to require him to extend the main from Sanden International to the corner of his property with an 8" main and then he could extend a private 2" line from the pig barn to the city dedicated water main. Should the City desire, it would be our responsibility to pay for the upgrading from an 8" to a 12" water line. It is imperative that we require the developer to follow our utility plans with regard to extension of water lines. This would obviously be an increased cost to the Birmingham Land Trust; however, these costs are no more exorbitant than what the City would require of anyone else. Mr. Lewis has stated that if he is unable to get approval for a 2" private line, he may construct a water well. He further states that he will use a "significant" amount of water, but he has yet to provide any water usage estimate to date. It is my recommendation that we grant the Birmingham Land Trust sewer service and assess them a flat rate charge. Furthermore, we should also grant him water service provided that he extend the water main from Sanden International to the corner of his property with an 8" main, and allow him to be tied-in to the dedicated city line with his 2" private line. City of Wylie AGENDA COMMUNICATION SUBMITTED BY: CITY MANAGER DIRECTOR: STEVE NORWOOD DATE REFERENCE NO. SUBJECT 3/9/93 COMPREHENSIVE PLAN SUMMARY OF SUBJECT: In this year's budget, the City Council approved the development of a comprehensive plan for the City of Wylie. This comprehensive plan will consist of land use planning, parks and recreations, subdivision rules and regulations, construction standards, design, etc. This comprehensive plan will provide the City a blueprint for development in all aspects of city operations. The City Council approved $15,000 in the general fund for this project. It should also be noted that part of this comprehensive plan will be the updating of our ten year utility master plan. To supplement the $15,000 budget, it is legal to use a portion of the impact fees to update our utility planning. The comprehensive plan should take approximately nine (9) months to develop. Attached is a scope of services on the details of the plan. ALTERNATIVES: 1.) Approve the comprehensive plan as stated. 2.) Approve the comprehensive plan with modifications (at City Manager's discretion). 3.) Deny the award. ACTION REQUESTED: 1.) Approve plan with modifications (at City Manager's discretion). * * Obviously, this would be with input with City Council since the City Council has already approved some of the components of a comprehensive plan, i.e., thoroughfare plan and subdivision rules and regulations. REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A GF - #56570 of the community development/planning budget. Impact fee fund $5,000. BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ $2,000 - $50,0nn PERSONNEL ❑ - OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ • $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION x OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: X CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POUCE CHIEF CITY ATTORNEY PUBUC WORKS SUPR. - FIRE CHIEF DIRECTOR OF PUBUC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL I�/dole i ; " " AG-ER :`; •. -' '• March, 1993 (Preliminary) ATTACHMENT "A" This Attachment "A" is made a part of and is attached to the Contract documents between the City of Wylie, Texas and Espey, Huston & Associates, Inc. (EH&A). SCOPE OF SERVICES EH&A will develop in conjunction with the City of Wylie, a Comprehensive Developmental Plan which will consist of, at a minimum the following components: A. Planning Process B. Goals/Objectives C. Public Participation D. Planning Area E. Scope of Plan - Timeframe F. Population Analysis -° G. Land Use Plan Historic Current Future H. Recreation Plan Parks & Recreation Lake Lavon - Lake Ray Hubbard Collin County - Plan Dallas County - Plans 92-0964 Page 1 of 6 � LJ N. - �1 Attachment A (cont'd.) • Page 2 of 6 I. Thoroughfare Plan Thoroughfare Analysis Existing Coordination with other Plans Proposed Thoroughfare J. Annexations Plan Areas/Direction Timing Servicing K. Economic Development Plan Business Opportunities Development Opportunities Recreational Opportunities L. Utilities Plan Water Services Storm Water M. Public Facilities Fire Stations Schools Libraries II. SCHEDULE EH&A will present for review and adoption of a final draft of the Comprehensive Development Plan within nine (9) months of the date of notice to proceed. This assumes that the scope of work does not significantly change during the development of the plan. 92-o964 ON ,s Attachment A (cont'd.) Page 3 of 6 The following will be "benchmarks" for the preparations of the Plan: 1st Draft - five (5) months after notice to proceed/signed contract 2nd Draft - seven (7) months after notice to proceed/signed contract Final Draft - nine (9) months after notice to proceed/signed contract A"Final Draft" of the Comprehensive Development Plan will be submitted to the City for adoption in November, 1993 (assumes start date in March 1993). III. FISCAL YEAR Promptly starting of the Plan in March 1993, will allow a final draft submitted in November of 1993. This will divide the cost of the Plan between Fiscal Year 1993 and Fiscal Year 1994. (October 1st is beginning of the new fiscal year for the City of Wylie, Texas) IV. PUBLIC PARTICIPATION The preparation of the Comprehensive Development Plan assumes the following level of public participation: a) Two (2) called Public Meetings b) Two (2) called Public Hearings c) Four (4) civic organization meetings (with City approval) d) Two (2) other meetings (with City approval) These meetings are assumed to be not more than two (2) hours in length and somewhat equally spaced throughout the time schedule for the Plan development. 92-0964 ti 0" Attachment A (cont'd.) Page 4 of 6 Additional meetings as required and approved by the City will invoice on an hourly basis and/or a mutually agreed amount. V. ESTIMATED COSTS The following are the estimated costs for the preparation of the Comprehensive Development Plan for the City of Wylie. The estimated costs are based on the costs of professional services. These cost estimates do not include color graphics, special covers or binders, multiple copies of the text greater than 10, additional public participation beyond identified number of meetings, or substantial revisions after Final Draft submitted. A. Labor Item Estimated Cost 1. Comprehensive Development Plan $25,600 2. Draft Ordinance Review (Zoning, 3,600 Subdivisions, Landscape, Sign, Design, Guidelines) 3. Historic Preservation District 6,500 4. Capital Improvement Bond Proposal 4,500 Subtotal $40,200 92-0964 Attachment A (cont'd.) K Page 5 of 6 B. Reimbursable (Estimated) Invoiced at cost + 10% (mileage excluded from 10% mark up) Item Estimated Cost 1. Film/Videotape $ 300.00 2. Supplies (binders, tapes, etc.) 500.00 3. Mileage 1,800 miles @ 0.28 504.00 4. Reports/Maps 250.00 5. Reproduction/Courier 350.00 Subtotal $ 1,900.00 Grand Total 42104.00 Fixed Price, not to exceed, unless authorized VI. ADDITIONAL SERVICES The following additional services will be offered to the City of Wylie, once both parties have mutually agreed to the time and materials costs for the services: A. Professional Services 1. Ordinances 2. Additional Studies 3. Design Guidelines 92-0964 Attachment A (cont'd.) Page 6 of 6 B. Graphics 1. Color Graphics 2. Multiple Copies of Reports 3. Wall Maps 4. Atlases 5. Base Maps (other than those used in report) 6. Aerial Photographs/Overlays Annotation 92-0964 City of Wylie AGENDA COMMUNICATION City Manager Steve Norwood SUBMITTED BY: DIRECTOR: DATE REFERENCE NO. SUBJECT 3/5/93 7 Ordinance Amending Fee Schedule SUMMARY OF SUBJECT: Attached is the amended fee ordinance. Council tabled the ordinance at your last meeting for staff to conduct further review. We have attached the previous fee schedule behind the proposed ordinance for your comparison. The City Manager will outline on Monday night the changes being made in the ordinance which include: * a reduction in the proposed fence permit fee from $35.00 to $20.00 * a reduction in the massage parlor fee from $500.00 to $75.00 * a reduction in the junk/salvage yard fee from $1000.00 to $250.00 * increasing the WSA tournaments at no charge from five to seven per year The City Manager will outline the changes in detail on Tuesday night. ALTERNATIVES: Approve the Ordinance as Submitted Approve the Ordinance with Changes Deny the Ordinance ACTION REQUESTED: Approve the Ordinance as Submitted REVENUE SOURCES: EXPENDITURE ACCOUNTS: 6t;2 ,fie tru BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S OVER/UNDER PROJECTIONS BY: PERSONNEL ❑ OPERATIONS ❑ ONE-TIME 0 • S CAPITAL 0 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 Se OTHER MINUTES LEGAL 7�.a/iee-4, 1-et 61...64( REVIEWED BY: X CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF x CITY ATTORNEY PUBUC WORKS SUPR. FIRE CHIEF • • DIRECTOR OF PUBUC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL 4000 /1/ r „.„0 cr MANAG R ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING APPENDIX "A" OF THE WYLIE CITY CODE (WYLIE FEE SCHEDULE) BY AMENDING SECTIONS 2.01, 2.02, 2.03, 2.04, 2.05, 7.00, 8.00, 9.05, 12.00, 19.00, 21.00, 24.00, 30.02, 31.01, 32.00, 34.00, and 42.02 THEREOF; REPEALING ALL CONFLICTING ORDINANCES;CONTAINING A PENALTY CLAUSE;CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City staff has undertaken a review of its existing fee schedule and structure on a department by department basis, and recommended that certain fees be amended and certain new fees be added; and, WHEREAS, the existing Fee Schedule for the City of Wylie is contained in "Appendix A" to the Wylie City Code, which was previously adopted by the City Council in the form of an ordinance adopting the Wylie City Code; and, WHEREAS, the City Council has reviewed all of the suggested amendments and additions to the fee schedule and determined that the same should be adopted and put into effect by the adoption of this ordinance; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That Appendix "A" of the Wylie City Code be, and it hereby is, amended by deleting in their entirety Sections 2.01 Building Permits and Fees, Section 2.02 Plumbing Permits and Fees, Section 2.03 Electrical Permits and Fees, 2.04 Mechanical Permits and Fees, Section 2.05 Investigation Fees - Work Without a Permit, and the following substituted therefore: "Section 2.01 Project Permits. a) For the purposes of this section a project fee shall mean a permit that encompasses all phases and sub-phases of construction of a new structure (including single family, multi-family, commercial and industrial installations), and is inclusive of all building, plumbing, mechanical and electrical installations that are usual and customary to new building erection; but shall not include signage, fences, irrigation systems, fire sprinklers or other installations not customary and usual to typical new structure construction. A project permit for reconstruction and/or extensive remodel or add-on may be issued only with the prior approval of the Building Official. ORDINANCE NO. PAGE TWO b) A non-refundable application processing fee of$50.00 per project shall be paid at the time of submittal; c) In addition to the application processing fee the following permit fees shall be imposed: (1)New dwellings , up to 4 units (per unit) $420.00 (2) Pool or Spa $50.00 (3) Temporary Buildings $ 80.00 (4) New Commercial, Apartments, Accessory, Additions, Remodels, and Finish Outs $ 3.0l,00) ($50.00 nii) d) A determination of value or valuation under any provision of this section shall be made by the building official. The value to be used in computing the permit fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical,plumbing, hearing,air conditioning, elevators, fire-extinguishing systems and any other permanent equipment." Section 2.02 Special Permits a) Annual Electrical $ 200.00 b) Building $ 35.00 c) Certificate of Occupancy $ 50.00 d) Demolition $ 35.00 e) Electrical Fixtures $ 35.00 f) Fence $ 20.00 g) Fire Sprinkler $ 35.00 h) House Moving $ 35.00 i) Lawn Sprinkler $ 35.00 j) Mechanical $ 35.00 k) Plumbing $ 35.00 1) Sign $ 35.00 m) Banner $ 35.00 n) Clean and Show $ 35.00 o) Weekend Directional Signs (per sign per year) $ 75.00 Section 2.03 Inspection - Service Fees a) Reinspection $ 35.00 b) Pre-brick inspection $ 35.00 c) Temporary service/construction heat $ 35.00 ORDINANCE NO. PAGE THREE Section 2.04 License and Registration Fees a) Plumbing Contractor (annual registration) $ 75.00 b) Electrical Contractor (annual registration) $ 75.00 c) Fire Sprinkler Contractor (annual registration) $ 75.00 d) Lawn Sprinkler Contractor ( " ) $ 75.00 e) Mechanical Contractor ( " ) $ 75.00 f) Electrical Examination $ 25.00 g) Master Electrician (annual license) $ 75.00 h) Journeyman Electrician ( " " ) $ 25.00" SECTION II That Appendix A of the Wylie City Code be, and it hereby is further amended, by deleting the existing Section 7.00 Maintenance Bonds, in its entirety, and substituting the following therefore: "Section 7.00, Maintenance Bonds. The maintenance bonds required by Wylie's Subdivision Ordinance to cover the cost of any repairs that may be required during the one year warranty period to public works improvements and facilities dedicated to the City of Wylie at the time of final plat acceptance shall be in the amount of 100% of the total value of all improvements dedicated and shall be delivered to the City of Wylie prior to the Council's consideration of final acceptance." SECTION III • That Appendix A of the Wylie City Code be, and it hereby is, further amended, by deleting subsection (c) from Section 8.00, and substituting the following therefore: " (c) Appeals, variances, and adjustment request which are brought before the various appropriate boards of the city shall pay the following application fees per consideration: 1. Zoning Board of adjustment $100.00 2. Sign Board of Appeals $100.00 3. Construction Advisory and Appeals Board $ 35.00 4. All others $100.00" ORDINANCE NO. PAGE FOUR SECTION IV That Appendix A of the Wylie City Code be, and it hereby is, further amended by deleting in its entirety Section 9.05 Landfill Disposal Charges. SECTION V That Appendix A of the Wylie City Code by, and it hereby is, further amended by addition of the following to Section 12. thereof: " Base Maps 1" = 200' to 3' x 6.5' $15.00 each Large Zoning Map 1" = 500' 4 sheets ea. 3' x 3.5' $20.00 each Subdivision Ordinance $20_00 each Zoning Ordinance $15.00 each Code of Ordinances $50.00 each 11" x 17" copies $ .50 each *Prices are for map copies not taped or spliced together. An additional charge of$5.00 will added for maps that require splicing." SECTION VI That Appendix A of the Wylie City Code be, and it hereby is, further amended by deleting the existing Section 19.00 Electricians License and Application fees, in its entirety, and substituting the following therefore: "Section 19.00 Library Fees - Fines for overdue items shall be accessed as follows: a) Books, Audio Cassettes, Magazines and Filmstrips $ .10/day b) Encyclopedias $ .50/day c) Video cassettes, Overhead Projectors, and Film Projectors $ 100 /day" ORDINANCE NO. PAGE FIVE SECTION VII That Appendix A of the Wylie City Code be, and it hereby is, further amended by deleting the existing Section 21.00 House Moving Permit Fees, and substituting the following therefore: "Section 21.00 Rental for Rooms in Library Building Usage Charges for the Community Room and the Bluebonnet room shall be as follows: RENTAL FEES DEPOSIT REQUIRED -Civic Groups no charge none -Individuals and non-business groups $ 6.00/hr w/o food and beverage 50.00 w/ food or beverage 100.00 SECTION VIII That Appendix A of the Wylie City Code be, and it hereby is, further amended by deleting the existing Section 24.00 Fence Permit Fees, and the following substituted therefore: "Section 24.00 Pretreatment Permit Fee An annual fee of $100 per calendar year shall be paid by all persons, firms, or entities required to pay such fee under the City's pre-treatment ordinance, as amended." SECTION IX That Appendix A of the Wylie City Code be, and it hereby is, further amended, by deleting the existing Section 30.02 Wrecker Service Rate Schedule, in its entirety, and substituting the following therefore: "Section 30.02 Wrecker Service Rate Schedule No applicant, whose application has been approved hereunder and who has been placed on ORDINANCE NO. PAGE SIX the wrecker rotation list shall charge any sum in excess of the rates specified in the following schedule: (a) Towing of non-accident vehicles during regular business hours hours (8:00 a.m. to 6:00 p.m.) $40.00 (b) Nights and weekends $50.00 (c) Vehicles requiring a dolly for reasons other than automatic transmission - additional charge $40.00 (d) Extra time in excess of 1 hour (not including time spent waiting for officer to complete investigation) per hour $25.00 (e) Charge for diesel right or other heavy equipment per hour w/ one hour minimum $175.00 (f) Storage of vehicle per day or fractions thereof $10.00 (g) Wrecked vehicles $60.00 (h) If drive line must be dropped to tow vehicle (additional) $11.00 (i) If necessary to change wheel and tire (additional) $11.00 (j) Rolled over or upset vehicle $60.00 (k) Roll over with dolly tow $70.00 (1) If winch required, additional for each 50' of pull $23.00" SECTION X That Appendix A of the Wylie City Code be, and it hereby is, further amended by deleting, in its entirety Section 31.01 Massage Establishment and Service License and Permit Fees and substituting the following therefore: "Section 31.01 Massage Establishment Permit Fee. Any person desiring to obtain a license or permit to operate a massage establishment shall make application to the chief of police and pay a non-refundable application fee of$75.00, which said fee shall be used to defray, in part, the costs of the investigation and report. Permits shall expire one year following their issuance." SECTION XI That Appendix A of the Wylie City Code be, and it hereby is, further amended by deleting the existing section 32.00 and substituting the following therefore: "Section 32.00 Junkyard and Salvage Yard License Fees Before any license is issued under the provisions of this section, the applicant shall pay an annual fee of$250.00. Any license issued shall expire one year from the date of its issuance, ORDINANCE NO. PAGE SEVEN and may be renewed from year to year in like manner as is provided for issuance of the original license." SECTION XII That Appendix A of the Wylie City Code be, and it hereby is, further amended by deleting the existing section 34.00 and substituting the following therefore: "Section 34.00 Food Service Establishment/Food Store Permit Fees A permit fee of $150.00 shall accompany each application and the permit so issued shall expire one year from the date of its issuance, and thereafter renewed by payment of an additional annual fee of$150.00 and meeting any and all other code provisions applicable to said business." SECTION XIII That Appendix A of the Wylie City Code be, and it hereby is, further amended by changing the name of Section 42.00 from "Athletic Field Reservation Fees" to "Charges and Fees for usage of Athletic Fields", and by deleting the existing Section 42.02 Athletic Field Reservation for Tournament Use, and substituting the following therefore: " Section 42.02 Use of Athletic Fields For Tournaments (a) Requests for athletic fields for tournament use should be made in writing 30 days in advance. (b) The fees for reserving and using a filed are as follows: 1) Tournaments running on Friday night and all day Saturday, including light usage $75.00 2) Tournaments running on Friday, all day Saturday through Sunday, including light usage $150.00 (c) The fees provide for in the preceding section shall be waived for the first seven Wylie Sports Association (WSA) Youth Baseball/Softball Tournaments in each calendar year. (d) The WSA may, but shall not be required to, charge a gate fee (or team entry fee) for P.B.I. Tournaments held at Wylie, which said fee shall be retained by WSA to offset the cost of putting on such a tournament." ORDINANCE NO. PAGE EIGHT Section XIV Any person violating the provisions of this ordinance, or any part hereof, commits an unlawful act and shall be subject to the general penalty provisions of the Wylie City Code as set forth in Section 1-1.06, therein, as the same now exists or is hereafter amended and shall not be allowed the permit, privilege, or license to which the fee pertains. SECTION XV 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 XVI 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 XVII 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 XVIII 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. ORDINANCE NO. PAGE NINE DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 9th day of March, 1993. By John W. Akin Mayor ATTEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney PitiVi Do S SCHe bul-E APPENDIX A WYLIE FEE SCHEDULE TABLE OF CONTENTS § 1.00 WATER AND SEWER RATES AND FEES A 3 § 1.01 Water and Sewer Service Deposit A 3 § 1.02 Water Rates A 3 § 1.03 Sewage Collection and Treatment Rates A-4 § 1.04 Returned Check Charge A-4 § 1.05 Utility Account Establishment Charge A-4 § 1.06 Past Due Account Penalty;Restoration Charge A-4 § 1.07 Temporary Connection Charge A 5 § 1.08 Special Service Connection Charge A 5 § 1.09 Special Meter Reading Charge A 5 § 1.10 Water and Sewer Tap Fees A-6 § 1.11 Resetting Meter Charge A 7 § 1.12 Pro Rata Water and Sewer Charges § 1.13 Development/Subdivision Water Charges A-7 § 1.14 Charge for Replacing Meter Box A 7 _, § 1.15 Charge for Replacing Sewer Clean-out Caps A 8 § I.16 Meter Testing Fee A-8 § 2.00 CONSTRUCTION PERMITS AND FEES A 8 § 2.01 Building Permits and Fees A 8 § 2.02 Plumbing Permits and Fees A-9 § 2.03 Electrical Permits and Fees A-10 § 2.04 Mechanical Permits and Fees A-11 § 2.05 Investigation Fees-Work without a Permit A-12 § 2.06 Subdivision Development Inspection Fee A-12 § 3.00 IMPACT FEES A-12 § 4.00 SPECIAL DISTRICT FEES A-14 -- § 5.00 STREET RECONSTRUCTION FEES A-14 § 6.00 PERIMETER STREETS FEE IN LIEU OF CONSTRUCTION A-15 § 7.00 MAINTENANCE BONDS A-15 § 8.00 ZONING AND PLATTING FEES A-15 § 9.00 GARBAGE.TRASH.AND BRUSH FEES A-16 § 9.01 Residential Fee: Deposits A-16 § 9.02 Commercial Hand Collection Fees A-16 § 9.03 Commercial Dumpster Charges A-16 § 9.04 Fees for Tree,Shrub and Brush Trimmings.Newspapers and Magazines A-17 § 9.05 Landfill Disposal Charges A-18 § 10.00 PEDDLER'S AND SOLICITOR'S FEE A-18 § 11.00 EMERGENCY MEDICAL SERVICE CHARGES A-19 § 12.00 COPYING CHARGES A-19 § 13.00 SWEEPING FEE FOR PRIVATELY OWNED PARKING LOTS,STREETS,ETC. A-20 § 14.00 TAXICAB FEES A-20 § 15.00 TAX CERTIFICATE FEES A-20 § 16.00 PARKLAND DEDICATION FEES A-20 § 17.00 ALARM SYSTEM FEES AND CHARGES A-21 § 17.01 Commercial Permit Fee A-21 § 17.02 Service Charge on False Alarms A-21 § 17.03 Charge for Direct Alarm Systems for Financial Institutions A-22 § 18.00 ANIMAL FEES AND CHARGES A-22 § 18.01 Registration Permit Fee A-22 § 18.02 Fee for Lost Permit Tag A-2 § 18.03 Impoundment and Adoption Fees § 18.04 Trap Deposits A-22 A-22 A-1 t .. ♦- > ,- • § 19.00 ICIAN'S LICENSE AND APPLICATION FEES A-22 § 19.01 Electrician's License Fee A-22 § 19.02 Electrician's License Examination Fee A-23 § 19.03 Duplicate License Fee A-23 § 20.00 EXCAVATION PERMIT FEES A-23 § 21.00 HOUSE MOVING PERMIT FEES A-23 § 22.00 MOBILE HOME LICENSE AND PERMIT FEES A-24 § 22.01 Mobile Home Permit Fee A-24 § 22.02 Annual Inspection Fee A-24 § 22.03 Mobile Home Park License Fee A-24 § 23.00 SIDEWALK AND DRIVEWAY APPROACH PERMIT FEES § 24.00 FENCE PERMIT FEES A-24 § 25.00 CARNIVAL LICENSE FEES A-24 § 26.00 COIN-OPERATED MACHINE TAX - A-24 § 27.00 DANCE HALL LICENSE FEES A-25 § 28.00 POOL HALL LICENSE FEES A-25 § 29.00 GARAGE SALE PERMIT FEES A-25 § 30.00 WRECKER SERVICE FEES A-25 § 30.01 Wrecker Rotation List Fee;Renewal Fee A-25 § 30.02 Wrecker Service Rate Schedule A-25 § 31.00 MASSAGE ESTABLISHMENT AND SERVICE FEES A-26 § 31.01 Massage Establishment and Service License and Permit Fees A-26 § 31.02 Fee for Sale,Transfer or Change of Name A-26 § 32.00 JUNKYARD AND SALVAGE YARD LICENSE FEE A-26 § 33.00 ANNUAL TAX ON AUCTIONEERS A-26 § 34.00 FOOD ESTABLISHMENT PERMIT FEES A-26 § 35.00 GARAGEKEEPER'S ABANDONED VEHICLE REPORT FEES A-26 § 36.00 SERVICE FEE FOR SERVING WARRANTS OF ARRESTS A-26 ... § 37.00 SPECIAL EXPENSE FEE FOR DISMISSING OFFENSES FOR DEFENSIVE DRWING COURSE ATTENDANCE A-27 § 38.00 VEHICLE IMPOUNDING FEES A-27 § 39.00 WASTE HAULING PERMIT FEES A-27 - § 40.00 WASTEWATER DISCHARGE PERMIT APPLICATION FEE A-27 § 41.00 CHARGES FOR MOWING AND REMOVING BRUSH AND UNSIGHTLY MATTER A-27 - A-2 APPENDIX A WYLIE FEE SCHEDULE § 1.00 WATER AND SEWER RATES AND FEES § 1.01 Water and Sewer Service Deposit Each water customer shall make a deposit to the City of Wylie for water service, sewerage service in accordance with the following schedule: (a) Residential Customers: (1) water service S30.00 (2) sewer service S30.00 (b) Commercial Customers: (1) water service S62.50 (2) sewer service S62.50 (Ord.87-48.Sec. 1-A,adopted 9-22-87) § 1.02 Water Rates (a) The following monthly water rates shall apply to all customers within the corporate limits of the City of Wylie.Texas: (1) Monthly minimum charge for the first 1,000 gallons of metered water consumption S7.15 (2) Volume Charge for all consumption exceeding 1.000 gallons(per 1,000 gallons) (a) 1.001 to 2.000 gallons (per 1,000 gallons) S1.82 (b) Over 2.000 gallons (per 1,000 gallons) 52.55 (b) The monthly water charge for residential and commercial customers located outside the corporate limits of the City of Wylie.Texas shall be at the rate of one hundred fifteen percent(115%)of the rate charged customers inside the corporate limits of the city. (Ord.No.90-18.Sec. 1-B.adopted 10-9-90) (c) Any bulk water customer who desire to withdraw water from a hydrant or other source not metered and charged directly to him or her shall make a deposit for bulk water service with the City of Wylie in the amount of S50.00, the customer shall fill out a water application form and sign the form in the same manner as a regular metered customer. Bulk water rate charges shall be set in minimums of twenty-five (25)gallon increments and are established as follows: (1) 0 to 1,000 gallons S7.15 (2) 1.001 to 2,000 gallons S1.82 (3) Over 2,000 gallons (per 1.000 gallons) S2.55 (Ord.90-18,Sec.3,adopted 10-9-90) A-3 § 1.03 Sewage Collection and Treatment Rates (a) The following monthly sewage collection and treatment rates shall apply to all residential customers of the City of Wylie.Texas with a maximum charge of$30.30 per month. Monthly minimum charge (first 1,000 gallons of metered consumption) $10.00 Volume charge for all consumption exceeding 1.000 gallons (per 1,000 gallons) $1.45 (b) A$14.00 minimum monthly sewage collection and treatment charge for all non-residential customers shall be in accordance with the above waste surcharge schedule above and shall be in addition to the above schedule and in accordance with the details of the Industrial Waste Ordinance. (c) A sewer fee of S 18.00 shall be charged for each apartment unit, multiple family unit or mobile home space and special areas such as washateria, swimming pools.etc., where the apartment, multiple family development or mobile home park is on a master meter with the City of Wylie. (d) In addition to the charges listed above for sewage collection and treatment service, a flat rate pass- through charge shall be applied monthly to each customer account in order to recover the protected annual increase in costs related to debt service requirements for expansion of the city's wastewater treatment plant. In fiscal year 1990-91.this pass-through charge shall be applied as follows: (1) Water consumption of 0 to 2.000 gallons S2.00 (2) Water consumption exceeding 2,000 gallons $5.00 (3) Nonresidential customers S7.50 (Ord.90-18,Sec. 1-C.adopted 10-9-90) (e) The monthly water and sewer rate charge for residential and commercial customers located outside the corporate limits of the City of Wylie.Texas shall be at the rate of one hundred fifteen percent(115%)of the rate charged customers inside the corporate limits of the city. (Ord.90-18,Sec. 1-B(2),adopted 10-9-90) § 1.04 Returned Check Charge Each and every check or bank draft, used as payment to the city for services, which is returned for insufficient funds shall have a charge of S15.00 assessed against the account. (Ord.84-12,Sec. 1-E.adopted 3-13-84) § 1.05 Utility Account Establishment Charge Each time a customer changes his place of occupancy and requests water service or a change in billing address or a new account is established,a charge of$5.00 shall be made. (Ord.84-12.Sec. 1-F,adopted 3-13-84) § 1.06 Past Due Account Penalty; Restoration Charges (a) The charges for water and/or sewer service shall be billed and collected monthly as a utility charge payable to the City of Wylie. All charges not paid within sixteen (16) days from the date that the bill is rendered shall be delinquent,except when the sixteenth (16th) day falls on Saturday, Sunday, or a legal A-4 holiday under which condition such bill shall be due by 5:00 p.m. Central time,on the next working day following such Saturday,Sunday,or legal holiday. (b) All payments made after the sixteenth (16th) day will bear a late charge of penalty of$1.00 or five percent(5%),whichever is larger,on such monthly charge. (c) A customer's utility service may be disconnected if a bill has not been paid or a deferred payment agreement entered into within twenty-six(26)days from the date of issuance of a bill and if proper notice has been given. Proper notice shall consist of a separate mailing or hand delivery at least ten (10) days prior to a stated date of disconnection,with the words"termination notice"or similar language prominently displayed on the notice. The information included in the notice shall be provided in English and Spanish as necessary to adequately inform the customer. Attached to or on the face of the termination notice shall appear a statement notifying the customer that if they are in need of assistance with payment of their bill, they may be eligible for alternative payment programs,such as deferred payment plans,and to contact the Water Department of the City of Wylie for more information. If mailed,the cutoff day may not fall on a holiday or weekend, but will be on the next working day after the tenth (10th)days. Service may not be discontinued to a delinquent residential customer permanently residing at that residence becoming seriously ill or more seriously ill if service is discontinued. If a customer seeks to avoid termination on this basis, • the customer must have the attending physician call or contact the Water Department within sixteen(16) days of the issuance of the bill. A written statement must be received by the Water Department from the physician within twenty-six (26)days of the issuance of the bill. The limit on termination shall last sixty- three (63)days from the issuance of the bill or a lesser period if agreed by the parties. The customer who makes such request shall enter into a deferred payment plan to accomplish payment of the bill. (d) If it is necessary to terminate water service for nonpayment,a charge of S30.00 shall be paid prior to restoration of the service if the service is restored between the hours of 8:00 a.m. and 5:00 p.m.. Central time,on weekdays. At other times,the restoration charge shall be S45.00. (e) If water and sewer service are terminated by customer request.the charge for restoring the service shall be S 10.00 which will be added to the next months' bill. (Ord.90-18.Sec.2,adopted 10-9-90) § 1.07 Temporary Connection Charge A fee of S20.00 shall be paid in advance for temporary water service to a utility customer for activities such as cleaning, plumbing checks. remodeling and so forth. This service will be for three (3) working days, excluding the date the fee is paid. (Ord.87-48.Sec. 1-H.adopted 9-22-87) $ 1.08 Special Service Connection Fee Upon receipt of an application for service and payment of all required deposits,connection of utility service shall be made by the city. If requested by the customer,and if the application and deposit are received prior to 10:00 a.m.,all reasonable efforts will be made to connect service by the end of the same working day. If the application and deposit are received after 10:00 am.,and upon payment in advance of a S25.00 special service connection fee, service will be connected by the end of the same working day. Otherwise, all reasonable efforts will be made to connect service by the end of the following day. (Ord.87-48,Sec. 1-I,adopted 9-22-87) _.. § 1.09 Special Meter Reading Charge A special meter reading charge of S 10.00 shall be charged on the existing water bill when requested by a customer if the reading is determined to be correct. No reading charge will be made if it is determined the original reading was not correct. (Ord.84-12,Sec. 1-I.adopted 3-13-84) A-5 1.10 Water and Sewer Tap Fees The following represent the charges the City of Wylie shall require to be paid for tapping a water main and sanitary sewer for service and the extension of that service to the property line. All water and sewer service lines on private property are the responsibility of the individual property owner under the current Uniform Plumbing Code adopted by the city council of The City of Wylie. (a) Water Taps—The tapping fee for single unit residences and commercial connections with the city water distribution system shall be: METER SIZE METER ONLY COST METER & TAP COST 3/4" X 5/8" S 125.00 S 125.00 plus cost of materials and labor 1" S280.00 280.00 plus cost of materials&labor 1-1/2" S560.00 S560.00 plus cost of materials and labor 2" &over Total cost of meter. materials. &labor 3/4"x 5/8"(pre-tapped) $25.00 per pre-tapped subdivision mains to property line—for inspection per tap unit. (b) Water Taps—The tapping fee for master meter connections for multi-family dwellings,mobile home parks,office buildings,etc.,shall be$25.00 per living unit plus the cost of meter,materials and labor. (c) Sewer Taps — The tapping fee for single unit residences and commercial connections with the city sanitary sewer collection system shall be: SIZE OF SERVICE LINE COST 4" S 160.00 plus cost of materials &labor 6" & over S220.00 plus total cost of materials& labor 4"&over $25.00 for pre-tapped subdivision mains to property line— for inspection per tap unit (d) Sewer Taps—The tapping fee for single sanitary sewer for multi-family dwellings,mobile home parks, office buildings,etc..shall be$20.00 per living unit or separate place of business plus the cost of materials and labor. (e) Water and Sewer Connection Inspection Fees—The fee for inspecting developer made water and sewer taps shall be S25.00 per connection made. (Ord.87-48,Sec. 1-K.adopted 9-22-87) A-6 $ 1.11 Resetting Meter Charge The charge for resetting a water meter at the request of the customer shall be the rate shown in § 1.10(a) hereinabove. (Ord.84-12,Sec. 1-K.adopted 3-13-84) $ 1.12 Pro-Rata Water and Sewer Charges (a) The city may extend water and sanitary sewer mains in the streets,alleys and utility easements in the City of Wylie in order to permit connections for those persons desiring water and sewer service. The individual,corporation or partnership requesting the service shall pay the city an amount equal to the cost of all materials,labor, equipment and other costs to provide the requested extension. At any time additional connections are made to the water and/or sewer mains. The city shall collect from the individual connecting to the main(s) an amount equal to the proportional amount of footage of the connectors land abutting the sewer and repay the same to the original requestors(s)of service or designated recipients. (Ord.84-12,Sec. 1-L.adopted 3-13-84) (b) Existing mains adjacent to property other than subdivisions. (1) Where an area,lot or tract of land abuts any existing water or sanitary sewer main,and when such water or sanitary sewer main spans the complete frontage of the area, lot or tract of land, 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. Fifty percent (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. 3100,000 divided by 1000 L.F. = SIO/L.F.). Acreage cost is defined as the total cost of the project divided by the service area of the main extension (i.e. 5100.000 divided by 100 acreage). In no instance shall the front foot cost be less than seven dollars and fifty cents (S7.50)per front foot nor shall the acreage cost be less than five hundred dollars(S500.00)per acre. (Ord.90-5 adopted 3-8-88.Sec.2.01) $ 1.13 Development/Subdivision Water Charges • All developers or subdividers who are tieing into the water and sewer system of the City of Wylie shall pay an initial fee equivalent to the gallon capacity of their water system distribution lines multiplied by a factor of three at the prevailing rate per 1.000 gallons of the lowest rate per 1.000 currently in effect at the time actual usage occurs. The final determination of the amount of gallons to be charged shall be determined by the city engineer. Any water used subsequent to the initial loading and flushing of the installed lines shall be accomplished by the developer or subdivider securing a meter attachment to a fire hydrant. This fee shall be due and payable prior to approval of the final plat. (Ord.86-87,Sec. 1-M.adopted 9-23-86) $ 1.14 Charge for Replacing Meter Box The cost for replacement of any plastic water meter box is$15.00. (Ord.86-87,Sec. 12(1),adopted 9-23-86) A-7 § 1.15 Charge for Replacing Sewer Clean-out Caps The cost for replacement of property line sewer clean-out caps is$5.00. (Ord.86-87.Sec. 12(2).adopted 9-23-86) § 1.16 Meter Testing Fee When any utility customer is of the opinion that a water meter is registering incorrectly.the customer may make a request to the city for testing of the meter. A field test will be provided for the customer's meter without charge once every two(2)years. If the customer desires a calibration and certification test,then at the time such request is made,the customer shall make a$20.00 deposit with the city. If the test show that the meter is registering consumption in excess of actual flow by more than two percent (2%), the meter shall be replaced with an accurate one at the expense of the city,and the$20.00 deposit shall be returned to the customer. If the test shows that the meter is registering consumption at less than actual flow or in excess of actual flow by two percent(2%)or less,the$20.00 deposit shall be retained by the city to defer the cost of such test. (Ord.90-18,Sec.4,adopted 10-9-90) § 2.00 CONSTRUCTION PERMITS AND FEES § 2.01 Building Permits and Fees (a) The following charges are made for various construction type projects in conjunction with residential, commercial and industrial structures prior to the start of construction. (1) Each building certificate fee shall be$10.00 for each project. (Ord.84-12.Sec.2-A.adopted 3-13-84) (2) The building inspection fee shall be as follows for enclosed structures: BUILDING PERMIT FEES TOTAL.VALUATION FEE S 1.00-5500 S 10.00 5501-52.000 $10.00 for the first$500 plus S 1.50 for each additional S 100 or fraction thereof to and including$2,000. S2.001-525.000 S32.50 for the first S2000 plus$6.00 for each additional $1,000 or fraction thereof,to and including S25.000. S25.001-550.000 S 17050 for the first S25,000 plus$4.50 for each additional $1,000 or fraction thereof to and including$50,000. S50.001-S 1.000.000 S283.00 for the first S50.000 plus$3.00 for each additional S 1.000 or fraction thereof to an including S 1,000,000. S 1.000.000 & Up S3,133 for the first S 1,000,000 plus$2.00 for each additional $1,000 or fraction thereof. (Ord.88-3,Sec. 1.adopted 2-9-88) A-8 (b) A determination of value or valuation under any of the provisions of this section shall be made by the building official. The value to be used in computing the building permit fee,for any structures shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing,electrical,plumbing,heating,air conditioning,elevators,fire-extinguishing systems and any other permanent equipment. OTHER INSPECTIONS AND FEES: (1) Inspections outside of normal business hours....S15.00 per hour(minimum charge-two hours) (2) Reinspection fee assessed under provisions of Section 305 (g) .$15.00 each (3) Inspections for which no fee is specifically indicated(minimum charge-one-half hour) $15.00 per hour (4) Additional plan review required by changes.additions or revisions to approved plans $15.00 per hour(minimum charge-one half hour) (c) The inspection fee for repairs,modifications,etc.,shall be$12.00 up to$100.00 valuation and$12.00 plus$8.00 per S 1000 valuation over$100.00 or fraction thereof. (d) The inspection fee for fence,driveway,etc.,shall be S15.00. (Ord.84-12,Sec.2-A.adopted 3-13-84) § 2.02 Plumbing Permits and Fees The following charges are made for plumbing projects in conjunction with residential, commercial and industrial structures prior to the start of construction. (a) Each plumbing certificate fee shall be$10.00 for each project. (b) The plumbing inspection fee shall be as follows: SCHEDULES OF FEES: For each plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping and backflow protection therefor) $3.00 For each building sewer and each trailer park sewer $6.00 Rainwater systems - per drain (inside building) $3.00 For each cesspool $10.00 For each private sewage disposal system S25.00 For each water heater and/or vent $3.00 For each gas piping system of one (1) to four (4) outlets $4,00 For each gas piping system of five (5) or more, per outlet. $1.00 For each industrial waste pre-treatment interceptor,including its trap and vent, excepting kitchen type grease interceptors functioning as fixture traps $3.00 For installation,alteration or repair of water piping and/or water treating equipment. $3.00 For repair or alteration of drainage or vent piping $3.00 For each lawn sprinkler system on any one meter, including backflow protection devices therefor $25.00 For vacuum breakers or backflow protective devices on tanks,vats,etc.or for installation on unprotected plumbing fixtures,including necessary water piping- One(1) to four (4) $4.00 Five (5) or more, each $1.00 (Ord.84-12,Sec.2-B,adopted 3-13-84) A-9 2.03 Electrical Permits and Fees The following charges are made for electrical projects in conjunction with residential, commercial and industrial structures prior to the start of construction. (a) Each electrical certificate fee shall be S10.00 for each project (b) The electrical inspection fee shall be as follows: Service Entrance Equipmenp 100 amperes or less entrance equipment, each S3.00 Over 100 amperes, each S5.00 1 phase & three phase combine, each S6.00 Current Transformer type, each S6.00 Outlets: All outlets, each S0.20 Fixtures: Fixtures, each S0.25 Motors: 1 HP or smaller, each S 1.50 Over 1 HP up to 10 HP, each S2.00 Over 10 HP up to 25 HP, each S2.50 Over 25 HP up to 50 HP. each S4.00 Over 50 HP. each S15.00 Heaters: Central (Motor & Circuit) S5.00 Water, each S2.00 Room, each S1.00 Ranges: Each S2.00 Range components. each S 1.00 Signs: All signs S5.00 up to twenty sockets S0.10 per socket over 20. Fee reduced S 1.00 on signs inspected at a shop in the city or at the enforcement officials office. Fee increased S5.00 if sign is already erected and the erector shall have the sign open and furnish a safe ladder to provide access for inspection. Festoon Lighting: S5.00 for first 20 sockets,S0.10 for each socket over 20. Transformers(not neon or low voltage): 10 KVA or less, each S4,00 Over 10 KVA, each S12.00 panels: Any Panel S2.00 A-10 Fe : No. 3 or smaller, each $1.00 Larger than a No. 3, each $1.50 Circuits: Circuit connection to sign, each $1.50 To neon transformer, first S2.00, each added. $1.00 Circuit wiring only for equipment to be connected by others No. 3 or smaller, each S1.00 Larger than No. 3, each $1.50 Special circuits in dwellings for approved window air conditioners, washers, dryers, etc., each S 1.00 Motion Picture Machines, each $5.00 Elevators, each $5.00 Welders: transformer type, each $2.00 Rewiring: same as new installation. Other electrical work: When fees are not set up herein, the enforcement official shall set fees that are consistent with fees named herein above. (c) An electrical improvement inspection fee of$25.00 shall be charged for each inspection of any modification of an existing electrical system in a residential structure,commercial building or industrial building inside the City of Wylie,Texas. (Ord.84-12,Sec.2-C.adopted 3-13-84) § 2.04 Mechanical Permits and Fees The following charges are made for mechanical projects in conjunction with residential, commercial or industrial projects prior to the start of construction. (a) Each mechanical certificate fee shall be$10.00 for each project. (b) The mechanical inspection fee shall be as follows: MECHANICAL VALUE INSPECTION FEE Up to 51.000 in value $30.00 Over$1,000 in value but less than S 10,000 in value $30.00 plus$20.00 for each $1,000 in value or fraction thereof not to exceed S 100.00 Over S 10.000 in value but less than 5100,000 in value 1%of total valuation In excess of 5100.000 in value 0.5%of total valuation (Ord.87-6.Sec.2-D,adopted 1-13-87) A-11 § 2.05 Investigation Fees — Work Without a Permit (a) Jnvestigation - Whenever any work for which a permit is required by this ordinance has been commenced without first obtaining said permit,a special investigation shall be made before a permit may be issued for such work. (b) Egg- An investigation fee, in addition to the permit fee,shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this ordinance. The minimum investigation fee shall be the same as the minimum fee set forth in Table No. 2-A. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. (Ord.84-12,Sec.2-E,adopted 3-13-84) § 2.06 Subdivision Development Inspection Fee A subdivision fee shall be charged each subdivision for inspection in the amount of one(1)percent of the City's estimates of the costs of the public works utilities and streets of new construction which are to be dedicated to the City of Wylie. Such items shall include,but not be limited to, examples such as,street paving,storm drainage,water and sewer mains and other items designated for conveyance to the city after completion of improvements through the process of public dedication. These fees shall be paid prior to the start of construction. (Ord. 84-12. Sec. 2-F, adopted 3-13-84) § 3.00 JMPACT FEES Whenever any such water meter or sewer tap is installed,in addition to the above,and foregoing water meter installation or sewer tap charge, there is also imposed an impact fee for all future water and sewerage connections to the city water and sewerage system,in order to defray the impact burden thereof on said water and sewerage system of producing, treating, distributing, transmitting or collecting such water and sewerage, and for maintaining all facilities pertaining thereto. The impact charge imposed shall be calculated on the basis of equivalent residential units.as outlined below. (a) Definitiong For the purpose of this section, the following words shall have the meaning indicated unless their context clearly requires otherwise. (1) EQUIVALENT RESIDENTIAL UNIT(ERU): A determination of the equivalence of a specific classification of water and/or wastewater connection to that of average single family unit in the service area under consideration. Equivalence is determined by the ratio of annual average daily flow from the connection being evaluated to the annual average daily flow from the single family unit used as the base. For the purpose of this definition,two hundred thirty(230) gallons per day per ERU shall be used for water connections and two hundred twenty(220) gallons per day per ERU shall be used for wastewater connections. (b) For the purpose of calculating impact charges,the following guidelines apply: (1) Each single-family residence served by the city through a single service and/or master connection shall be considered an ERU. (2) The number of ERU's corresponding to a given commercial, industrial, multifamily, mobile home,hospital,nursing home or extended care facility or other establishment,shall be determined on the basis of anticipated annual average daily flow. Anticipated flow shall be determined by evaluation of but not limited to records of water consumptions and flow records for similar connections in the city which have been recorded and maintained in due course of business for no A-12 less than one hundred eighty (180)days. In the event that accurate flow records or consumption data is not available in order to establish an ERU. the person, firm or corporation may stipulate and agree with the city manager concerning the ERU which should be applied in reference thereto, then said stipulation shall be presented to the city council by the city manager for the ratification and approval. (c) For each ERU to be served by the water system there shall be a water impact fee of two hundred twenty five dollars (S225.00). For each ERU to be served by the sewerage system. there shall be a sewerage impact fee of two hundred seventy-five dollars($275.00). (d) These impact fees shall be due and payable not later than-or at the time of the issuance of a building permit,water and/or sewer tap requests,or the request for the provisions for water or sewer service and the actual connection to the existing system. These fees may be paid on individual construction projects or by development or phases of development. In the case of extraordinary increased water use or sewer production as determined by a review of the city's consumption records, such calculations shall be referred to as subsequent impact fees and shall be due and payable thirty(30)days after written notification is received from the City of Wylie that said fees are due and an explanation provided to the affected customer. (e) There shall be at least one primary water meter at each site to measure the flow of water, which is delivered to such site that is being serviced by the municipal water system in this city;provided,however, if additional meters are installed at any such site at the request of the person. firm or corporation whose water corresponds with such site and if such additional meters are installed to measure the flow of water at said site for irrigational or swimming pool purposes,only one impact fee,based on the total flow from all meters shall be charged but such person.firm or corporation shall be required to pay a separate water meter charge for each such meter in accordance with the fee schedule hereinabove set forth. (f) Water meter installation rates and charges as provided herein shall be reimposed in the event of the discontinuance of the water account where such water meter is located and where the water meter has been removed from the premises. However, an impact fee shall be imposed once only,at the time of the initial connection onto the water and sewerage system of the city.subject to the following qualifications: (1) An additional water impact fee in the amount of two hundred and twenty-five dollars(S225.00)and an additional sewerage impact fee in the amount of two hundred seventy-five dollars (S275.00) shall be imposed against any commercial, industrial, hotel, motel,multi-family dwelling complex, mobile home park.travel trailer or recreational vehicle park.hospital,nursing home,extended care facility,professional office facility,clinic or similar establishment where the same are expanded or otherwise increased in capacity so that the number of ERU's therein are increased beyond the immediately pre-existing ERU capacity thereof, as determined by the ERU definition that is set forth in § 3.00(a)(l)hereinabove,and in accordance with the calculation procedure that is stipulated in § 3.00(b)(2). (2) Such additional fees shall be referred to as subsequent impact fees;'and shall be paid prior to the issuance of a building permit/sewerage connection permit for any additions to the size and capacity of such building(s),development,park or complex. (3) Subsequent impact fees shall be imposed whether or not a new or replacement water meter is installed due to such expansion, capacity or addition; provided, however, in the event that the customer shall request the replacement of a water meter which shall increase the size of the meter which measures the flow of water into any such building(s), development, park or complex, the cost of such additional or replacement water meter shall be in accordance with the cost schedule that is set forth in this section. (Ord.84-12. Sec. 3.adopted 3-13-84) (g) All funds received from the impact fee for all future water and sewerage connections,as aforesaid,and all charges thus imposed,heretofore,shall be deposited into the"Water and Sewer System Impact Fund"and shall be expended from that fund only for the purpose of providing for major improvements,debt service. expansion.emergency repairs and extending or constructing new additions or replacements to the water and sewer system of this city which are required and needed because of the impact upon said water and sewer A-13 system due to such additional connections or any other lawful purpose authorized by state statute or city charter. (Ord.87-40 adopted 8-11-87) (h) Any person,firm or corporation that is subject to the assessment of a water and sewer impact fee may request that the city consider the award of credits toward the impact fee for improvements,land or etc. which the person, firm or corporation dedicates to the city without charge,for the purposes of improving the overall water distribution and treatment system and/or the sewerage collection and treatment system. In such cases,the person, firm or corporation shall submit for consideration, such proposal in advance of the approval for the preliminary plat and such dedication for credit of impact fees shall have an agreed upon value which is negotiated by the person, firm or corporation and the city staff in advance. Following preliminary agreement between the parties such proposal will be submitted to the city council of the City of Wylie for their approval,amendment or rejection. (Ord.84-12.Sec.3,adopted 3-13-84) § 4.00 SPECIAL DISTRICT FEES In addition to all other fees, the city council may designate by ordinance,certain special districts. These districts shall be formed in order to collect pro-rata fees to off-set the cost of capital improvements to the water and sewer system that benefit only a particular section of the city. When such action is deemed appropriate by the city council, said area shall be defined by clearly understood boundaries. Then the fee per unit shall be determined by using the following formula: NO. UNITS SPEC. OF X PER = TOTAL COST OF PROJECT = DIST. ACRES ACRE NO. OF SHARES FEE Units existing within the special district prior to the establishment by the city council shall not be charged the determined special district fee unless the parties involved request such service be provided. RUSH CREEK LIFT STATION DISTRICT #1 S110.00 per equivalent residential unit. (No less than four(4)units per acre.) MUDDY CREEK LIFT STATION DISTRICT S165.00 per equivalent residential unit. (No less,tha four(4)units per acre.) For specific details,see Lift Station District Ordinance(Chapter 11, § 10.00,Wylie Code of Ordinances). (Ord.84-12,Sec.4.adopted 3-13-84) § 5.00 STREET RECONSTRUCTION FEES The fee per square foot for reconstruction materials accomplished by city crews and equipment under the provisions of the City's reconstruction ordinance shall be: (a) For streets which have been improved,i.e.,some base and/or asphalt regardless of existing condition S0.40 per square foot (b) For streets which are completely unimproved,i.e.,no asphalt or oil base material and little or no rock or paving material S0.50 per square foot (Ord.85-50 adopted 8-13-85) A-14 (c) Financing costs for repayment by adjacent property owners of their portion of the materials for projects done under provisions of the street reconstruction ordinance, the following interest rates shall apply and shall be calculated on a simple interest basis and billed on the monthly water bill. Said payments shall be subject to the normal provisions for late charge penalties etc. (1) 90 day payout no interest (2) One-year payout 10%interest (3) Two-year payout. 10%interest (4) Three-year payout 10%interest (Ord.86-70 adopted 6-24-86) (d) Senior citizens who qualify under the criteria set forth for discounted water and sewer rates may also qualify for a 50%discount on the assessed amount of their portion of the street to be reconstructed. (Ord.85-50 adopted 8-13-85) § 6.00 PERIMETER STREETS FEE IN LIEU OF CONSTRUCTION As referenced in the City of Wylie Subdivision Ordinance, developers may in certain approved circumstances make a payment to the City of Wylie of funds in an appropriate amount to provide for the cost of construction of the required perimeter streets in association with their development. The fee for such payment in lieu of construction shall be as follows: (a) Six inch (6") thick required street construction $2.00 a square foot. (b) Eight inch (8") thick required street construction $2.25 a square foot. (Ord.85-8.Sec.6.adopted 3-12-85) § 7.00 MAINTENANCE BONDS As required by the City of Wylie's Subdivision Ordinance. maintenance bonds to cover the cost of any repairs that may be required during the one year warranty period to public works improvements and facilities dedicated to the City of Wylie at the time of final plat acceptance shall be in the amount of ten(10)percent of the total value of all improvements dedicated and shall be delivered to-the City of Wylie prior to the Council's consideration of final acceptance. (Ord.85-8.Sec.7.adopted 3-12-85) § 8.00 ZONING AND PLATTING__FEES (a) Zoning Fees - Zoning application or rezoning fees shall be S200.00 plus $25.00 per type of zoning requested on a tract of land. (b) Plat Fees -The following fees shall be paid at the time of submission of plats in accordance with the Subdivision Ordinance: (1) The preliminary plat fee shall be $125.00 plus $2.00 per lot in the subdivision or $5.00 per acre whichever is greater. A-15 (2) The final plat fee shall be$150.00 plus$3.00 per lot in the subdivision or$7.00 per acre whichever is greater. (3) Replat fees shall be $125.00 plus $2.00 per lot in the subdivision or$5.00 per acre whichever is greater. (c) Appeals,variances,and adjustment requests which are brought before the various appropriate boards and commissions of the City of Wylie shall pay a fee of$100.00 per consideration. (Ord.84-12,Sec.5,adopted 3-13-84) § 9.00 GARBAGE. TRASH. AND BRUSH FEES § 9.01 Residential Fee; Deposits (a) The collection and removal of garbage,rubbish,and brush in disposable bags or approved containers(30 gallon cans)from residential premises,two(2)times per week shall be made for a fee charge of$10.80 per residential unit for each calendar month. Multifamily dwellings (4 or more units) shall use commercial containers provided by the contractor. For partial months,said charges shall be prorated for each week of the month during which such service is available and provided to the customer. There shall be a fee charge for extra collections necessary for unusual accumulations. The charges for collection service shall be included on the monthly utility bill of the occupant. It shall be mandatory that all utility customers shall receive solid waste collection service. Rates and charges shall be due and payable on the date so indicated on the utility billing statement. (b) Nonresidential customers shall be required to make a deposit equivalent to three(3)months charges,or a minimum of$30.00. (c) Residential fees for each unit of single family detached or duplex(not master metered)either curbside or alleyside service,shall be S 10.80 per month and shall be charged each month on the utility bill. (d) The following collection fees are based upon type of establishment or collection to wit: TYPE CHARGE PER MONTH Duplex S 10.80 per unit Multi-family S10.80 per unit Trailer Park $10.80 per space or lot Residential Unit (utility customer outside city) $13.35 per living unit § 9.02 Commercial Hand Collection Fees Fee charges for commercial hand collection where residential type bags or approved containers are allowable: (a) Less than five 30 gallon bags or(approved containers)per week $19.90 (b) Five to eight 30 gallon bags or(approved containers)per week $37.00 (c) Nine to twelve 30 gallon bags or(approved containers)per week $54.00 § 9.03 Commercial Dumpster Charges Commercial dumpsters shall be provided by lease to customers requiring them and shall be subject to the following charges,to-wit: A-16 SIZE TIMES PER WEEK MO. CHARGE 2 cu.yd 1 x week $65.58 2 x week 106.58 3 x week 147.56 3 cu.yd 1 x week 72.61 2 x week 117.12 3 x week 160.45 4 cu.yd 1 x week 89.00 2 x week 131.18 3 x week 182.70 6 cu.yd 1 x week 100.72 2 x week 167.48 3 x week 237.75 8cu.yd lxweek 12531 2 x week 199.15 3 x week 257.66 10 cu.yd 1 x week 146.40 2 x week 248.29 3 x week 349.00 EXTRA PICKUPS/DUMPSTER-EACH REQUEST Upon request, extra pickups shall be made of commercial dumpsters and a fee charge made for each request in accordance with the following schedule,to-wit 2-4 cu. yd $30.45 6-10 cu. yd $36.11 SPECIAL CHARGES: Compactor containers (42 cu. yd.) $267.01 Roll-off containers (30 cu. yard) S238.92 per haul Per day rent of roll-off containers $8.27 Per month rent of roll-off containers $248.10 Delivery and exchange of roll-off containers $82_88 Delivery and exchange of front-end containers $57.62 Return check charge $25.00 Past due service charge(Over 25 days from statement due date, commercial dumpsters only) 1.5% per month § 9.04 Fees for Tree, Shrub and Brush Trimmings, Newspapers and Magazines Trees,shrub and brush trimmings,newspapers and magazines securely tied together and forming an easily handled package not exceeding four feet(4)in length or thirty-five(35)pounds in weight shall be collected A-17 with the regular collection at no charge. Such items left for collection and which are not bundled shall be collected for a minimum charge of$10.00. Such items left for collection which require additional time, manpower,or equipment shall be collected by arrangement with the city and subject to an additional special charge to be determined by the city. (Ord.90-19 adopted 10-9-90) 9.05 Landfill Disposal Charges The use of the city sanitary disposal site by private persons.firms,or corporations: (a) All non-commercial residents of the City of Wylie may dump at the City of Wylie landfill upon presentation of a current month's water bill or receipt of deposit for water service. (Ord.81-4 adopted 4-28-81) (b) All resident commercial users of the sanitary landfill disposal site will be required to pay fees as follows: Pickup (without side boards) $3.50 per load Pickup (with side boards) 56.50 per load Small, two-wheel trailers $6.50 per load Twelve foot two-wheel trailer $10.00 per load 14' two-wheel trailer S12.50 per load 16' two wheel trailer S 15.00 per load 55 gallon barrels $3.50 each Trucks and trailers 16'or longer and 8' wide with side boards $1.00 per cubic yard for uncompacted solid waste. (c) All non-residents and commercial haulers wishing to use the city sanitary landfill site will be required to pay according to the following schedule: Passenger Cars and Station Wagons S5.00 per load Pickups with no side boards S 10.00 per load Commercial Haulers with vehicles larger than pickups will be required to purchase a permit at $35.00 per month payable in advance,plus a charge to be billed monthly calculated at$1.50 per cubic yard. • (d) All non-residents who deposit junk,such as inoperable refrigerators,stoves,air conditioners,or barrels of up to 55 gallons,will be required to pay$6.00 per item. (Ord.81-3.Sec.2-B.adopted 4-14-81) § 10.00 PEDDLER'S AND SOLICITOR'S FEE (a) Each itinerant merchant,peddler.vendor or itinerant taking orders for sale or offering of any items or service must comply with the conditions of$2.00 of Chapter 4 of the Wylie Code of Ordinances and will pay the fee or fees indicated below and also submit an acceptable surety bond. (b) Fee shall be as follows: (1) Agent fee of S20.00 (2) Each additional agent fee of$10.00 A-18 (c) Surety bond to be a minimum of$1,000.00 (Ord.84-12,Sec.8.adopted 3-13-84) § 11.00 EMERGENCY MEDICAL. SERVICE CHARGES (a) Emergency,non resident pick-up outside the corporate limits of the city S150.00 plus mileage charges (see other charges below) (b) Emergency,resident of city picked up within the corporate limits of the city $125.00 (c) Non-emergency transfer service for non-resident picked up picked up outside the corporate limits of the city $100.00 plus mileage (see other charges below) (d) Non-emergency transfer service for resident of the city S75.00 plus mileage (see other charges below) OTHER CHARGES: Mileage S2.00 per mile Oxygen use (base) $15.00 Oxygen use base plus $0.10 per minute for each minute over ten(10)minutes Standby charge $30.00 per hour Additional persons(over 1)transported $25.00 per person 4 x 4 Bandages $0.75 each Triangle Bandages $0.75 each (Ord.87-31 adopted 6-23-87) § 12.00 COPYING CHARGES The following fees shall be charged for copies made using the City of Wylie machine and paper for any purpose other than City of Wylie business. No discount is allowed for quantity copies. SIZE(INCHES) COST PER COPY Up to 8-112" x 14" SO pages or less of readily available information $0.10 each 50 pages or more of readily available information: First page $0.85 Additional pages $0.15 each For any quantity of information deemed to be not readily available: First page $0.70 Additional pages $0.15 Plus actual labor costs incurred in providing the requested information 14" x 18" $0.50 (Ord.88-8 adopted 4-26-88) A-19 CANNON COPIES: 18" x 24" $4.00 each per side 24" x 24" $5.00 each per side 30" x 24" $6.50 each per side 36" x 24" $7.50 each per side 42" x 24" $9.00 each per side 48" x 24" $10.00 each per side BLUE LINE PRINTS: 18" x 24" $3.00 each 24" x 24" $3.00 each 24" x 36" $3.00 each 36" x 36" $5.00 each 36" x 42" $5.00 each 36" x 48" $5.00 each 42" x 48" $6.00 each MAP SCALE-BLUE LINE PRINTS: 1" = 500' $15.00 each 1" = 1000' $6.00 each 1" = 2000' S3.00 each (Ord.86-16 adopted 2-25-86) § 13.00 SWEEPING FEE FOR PRIVATELY OWNED PARKING LOTS. STREETS. .T . The following fee shall be charged per sweeping occurrence for each 100 square feet of area or any portion thereof S0.05 per 100 square feet Said rate,once set, will be billed as a portion of the utility bill sent monthly to the responsible party. (Ord.85-47 adopted 8-13-85) § 14.00 TAXICAB FEES Street Rental Charge 2%of the gross receipts per annum (Ord.adopting Code) § 15.00 TAX CERTIFICATE FEES The fee charged for each tax certificate issued by the tax collector of the City of Wylie.Texas.shall be ten dollars($10.00). (Ord.88-34 adopted 11-22-88) § 16.00 PARKLAND DEDICATION FEES (a) Subject to approval of the city council,a land owner responsible for dedication under this section may elect to meet the requirements of§9.02 of Chapter 1 of the Wylie Code of Ordinances in whole or in part A-20 land shall be made at or prior to the time of final plat approval. Nonpayment of fee shall constitute grounds sufficient to deny approval of proposed plat. (b) The city may, from time to time, decide to purchase land for parks in or near the area of actual or potential development. If the city does purchase parkland in a park zone,subsequent parkland dedications for that zone shall be in cash only, and calculated to reimburse the city's actual cost of acquisition and development of such land for parks. The fee amount shall be equal to the sum of(1) the average price per acre of such land,and(2)the actual cost of adjacent streets and on-site utilities,or an estimate of such actual cost provided by the city engineer. Once the city has been reimbursed entirely for all such parkland within a park zone, this section shall cease to apply, and the other subsections of this section shall again be applicable. (c) To the extent that paragraph(b)hereinabove is not applicable,the dedication requirement shall be met by a payment in lieu of land at a per acre price set from time to time by resolution by the city council, sufficient to acquire land and provide for adjacent streets and utilities for a neighborhood park to serve the park zone in which such development is located. Unless changed by the city council, such per acre price shall be computed on the basis of two hundred twenty five dollars (S225.00) per dwelling unit. Cash payments may be used only for acquisition or improvement of a neighborhood park located within the same zone as the development (Ord.87-15 adopted 1-27-87.Sec.3) § 17.00 ALARM SYSTEM FEES AND CHARGES § 17.01 Commercial Permit Fee A non-refundable fee of twenty dollars(S20.00)per year is required for each commercial permit or renewal of a commercial permit. A commercial permit is issued for the balance of the calendar year and must be renewed on or before December 31st.each year thereafter by the submission of an application and payment of the commercial permit fee and any service fees that have been assessed. It is the responsibility of the permit holder to pay the renewal commercial permit fee and service fees,if any,prior to the expiration date of the permit. Although a permit is required for private residences,no fee will be charged. (Ord.90-6 adopted 3-27-90. Sec.3) § 17.02 Service Charge on False Alarms (a) If after five (5) false burglar alarms in the twelve(12) month period immediately preceding any false burglar alarm,the permit holder shall be assessed a service fee of fifty dollars(S50.00)for such false alarm. (Ord.adopting Code) (b) If after two (2) false fire alarms in the twelve (12) month period immediately preceding any false robbery alarm, the permit holder shall be assessed a service fee of one hundred dollars (S 100.00) for such false alarm. (d) If after two(2) false medical assistance alarms in the twelve(12) month period immediately preceding any false medical assistance alarm,the permit holder shall be assessed a service fee of fifty dollars(S50.00) for such false alarm. (e) If after two (2) false emergency assistance alarms in the twelve (12) month period immediately preceding any false emergency assistance alarm,the permit holder shall be assessed a service fee of fifty dollars(S50.00)for such false alarm. (Ord.90-6 adopted 3-27-90.Sec.4) A-21 § 17.03 Charge for Direct Alarm Systems for Financial Institutions A signal line directly to the Wylie police department for the purpose of reporting burglaries and robberies shall be limited to financial institutions and an annual, non-refundable fee of twenty dollars($20.00) for each indicator installed shall be charged. (Ord.90-6 adopted 3-27-90.Sec. 14) § 18.00 ANIMAL FEES AND CHARGES § 18.01 Registration Permit Fee (c) For each spayed or neutered canine or feline the registration permit shall be three dollars(S3.00)per year. Proof of spay or neutering shall rest with the owner of said animal, and for non-spayed or non- neutered canines or felines the registration permit shall be ten dollars(S 10.00). (Ord.89-2 adopted 1-10-89) § 18.02 Fee for Lost Permit Tag (f) If a permit tag issued under this section is lost or stolen,it may be replaced by payment of a fee of one dollar(51.00)and presentation of the registration permit. If the tag and registration permit are both lost or stolen,a new permit must be purchased at the regular fee as set out above. (Ord.87-57 adopted 10-13-87.Sec.7) § 18.03 Impoundment and Adoption Fees (b) The owner.keeper.or harborer of any animal impounded under this section may redeem same within three(3)days by payment of this impounding fee and boarding fee as follows: (1) For every impounded dog or cat,a shelter fee of twenty dollars (S20.00)plus two dollars (S2.00) for each day of impoundment; (2) For every other impounded animal, a shelter fee of twenty dollars (S20.00), plus four dollars (S4.00)for each day of impoundment. (3) Adoption fees shall be no less than twenty dollars(520.00)for all canines and felines. (Ord.89-2 adopted 1-10-89.Sec.4) • § 18.04 Trap Deposits (b) Traps may be obtained from the animal control officer(s). Persons wishing to borrow such traps shall sign a"Trap Loan Form"and pay the prescribed deposit. Failure to return the trap in good condition shall result in forfeiture of the deposit. The deposit fee shall be forty dollars(S40.00) (Ord.89-2 adopted 1-10-89,Sec.8) § 19.00 FLFCTRTCIAN'S LICENSF. AND APPLICATION FEF.� § 19.01 Electrician's License Fees (a) The fees required for the following licenses under this electrical code shall be as follows: A-22 License Original Renewal Master electrician S100.00 $60.00 Journeyman electrician 525.00 $10.00 Apprentice S5.00 $5.00 § 19.02 Electrician's License Examination Fee (b) The fees required for the examination shall be fifty dollars(S50.00)for master and twenty-five dollars (S25.00)journeyman applicants. (Ord.85-7 adopted 2-26-85,Sec.5.8) f 19.03 Duplicate License Fee In the event that an apprentice,journeyman or master electrician's license issued under the provisions of this electrical code is lost or destroyed.the person to whom the same was issued may obtain a duplicate of substitute thereof upon furnishing proof satisfactory to the enforcement official that such permit or license was lost or destroyed,and upon payment of a fee of three dollars(S3.00). (Ord.85-7 adopted 2-26-85.Sec.5.12) § 20.00 FXCAVATION PERMIT FEES (a) Fees for permits to open or excavate any street within the city shall be as follows: (1) Paved Streets: Concrete two dollars(S2.00); Asphalt one dollar($1.00)per lineal foot of paving cut for a standard trench,with a minimum charge of five dollars(S5.00)per trench. (2) Pin or Gravel Streets: Fifty cents(S0.50)per lineal foot of street cut,measured from the property line for a standard trench, with a minimum charge of five dollars (S5.00) per trench. If the excavation involves both paving and dirt or gravel shoulder, the total cost of the permit will be figured by adding the cost of cutting the pavement and the cost of cutting the dirt or gravel shoulder. (b) The payment of such surfacing cost, computed as set out above, shall be made to the City of Wylie simultaneously with the filing of the application for cutting street and prior to cutting said street. A standard trench shall be interpreted as one whose excavation width does not exceed thirty inches (30"). Further and at the same time each such applicant shall be required to pay any,extra cost,as estimated by the plumbing inspector,of repairing street surfaces where the width of trench exceeds that of the standard. (c) The charges set out herein shall not be collected by the city if the proposed excavation is to be made in a street which is neither in use by the public nor cut to grade for such use: likewise,such charges shall not be collected if the proposed excavation is to be made in a street located in a subdivision then in process of development if all street improvements are being made by the developer at his or her expense and said excavation is made before such streets are accepted by the city. (Ord.74-14 adopted 11-12-74,Sec.5) $ 21.00 HOUSE MOVING PERMIT FEES Along with the application for a permit to move any building or structure in the city,the applicant therefor shall pay to the city an inspection fee of one hundred dollars(S 100.00). In the event the structure is located outside the city limits of the City of Wylie an additional fee of thirty-five cents ($0.35) per mile shall be assessed. (Ord.85-34A adopted 5-14-85.Division 1,Sec.3) A-23 I 22.00 MOBILE HOME LICENSE AND PERMIT FEES § 22.01 Mobile Home Permit Fee All applications shall be accompanied by the deposits of a fee of three hundred dollars($300.00)plus fifty dollars($50.00)for each mobile home space. (Ord.83-18A adopted 8-22-83.Sec.2) § 22.02 Annual Inspection Fee Ten dollars($10.00)per occupied space is payable by the licensee or his or her agent due on or before the tenth(10th)day of January each year with January first(1st)of each year being the date used for occupancy determination. (Ord.89-16 adopted 8-22-89,Sec. 1) - § 22.03 Mobile Home Park License Fee All original license applications and license transfers shall be accompanied by a fee of five hundred dollars ($500.00). (Ord.85-5 adopted 2-12-85) § 23.00 SIDEWALK AND DRIVEWAY APPROACH PERMIT FEES Any person desiring a permit required by this section shall at the time of filing an application therefore,pay a fee of four dollars($4.00). (Ord.78-23 adopted 7-11-78.Sec.4) § 24.00 FENCE PERMIT FEES The fee for a permit to install a fence or to make any alterations,additions or changes to a fence shall be six dollars(S6.00)and shall be paid prior to the issuance of the permit. (Ord.78-15 adopted 4-18-78.Sec.II) § 25.00 CARNIVAL LICENSE FEES• As a condition and requirement of the licensing of any carnival to show in the city, the applicant for such license shall pay to the city secretary a license fee in the sum of two hundred fifty dollars($250.00). (Ord.84-16 adopted 3-28-84,Art.I,Sec.3) § 26.00 COIN-OPERATED MACHINE. TAX There is hereby levied an annual occupation tax of seven dollars and fifty cents($7.50)for each and every coin-operated machine as defined herein. Every owner who owns,controls,possesses.exhibits,displays,or who permits to be exhibited or displayed, in this city any coin-operated machine shall pay such tax; provided, however. that nothing herein shall prevent the operator of such machine from paying the tax required by this section for the account of the owner,but the payment of such tax by such operator or other person shall not relieve the owner of the responsibility of complying with all the provisions of this section. (Ord.89-15 adopted 7-25-89) A-24 § 27.00 PANCE HALT, LICENSE FEES The license fee to be charged and collected fcc any license to operate a dance hall within the city shall be one hundred dollars(S 100.00),and all licenses to expire December 31st of the year issued. (Ord.84-16 adopted 3-28-84,Art.III.Sec.8) § 28.00 POOL HALL LICENSE FEES The license fee to be charged and collected for any license to operate a pool hall within the city shall be one hundred dollars(S100.00),all license to expire December 31st of the year issued. (Ord.84-16 adopted 3-28-84,Art.IV,Sec.5) § 29.00 GARAGE SALE PERMIT FEES The fee for a garage sale permit shall be five dollars(S5.00). (Ord.89-13 adopted 4-25-89.Sec.2) § 30.00 WRECKER SERVICE FEES § 30.01 Wrecker Rotation List Fee; Renewal Fee (a) An application fee of ten dollars ($10.00) for each wrecker to be operated on the rotation list by the applicant shall accompany each application. (b) Each applicant shall,if he or she desires to continue his or her placement on the wrecker rotation list, make a renewal application and pay a renewal fee of five dollars(S5.00). (Ord.82-23 adopted 11-22-82,Sec. 1) § 30.02 Wrecker Service Rate Schedule No applicant, whose application has been approved hereunder and who has been placed on the wrecker rotation list shall charge for wrecker service any sum in excess of the rates specified in the following schedule: (a) Towing of non-accident vehicles during regular business hours.8:00 a.m. to 6:00 p.m.—$25.00. (b) Nights and weekends—S35.00. (c) Vehicles requiring a dolly for reasons other than automatic transmission-additional charge—S 15.00. (d) Extra time in excess of one (1) hour (not including time spent waiting for officer to complete investigation)per hour—$15.00. (e) Charge for diesel rig or other heavy equipment per hour(with$45.00 minimum)—S45.00. (Ord.82-23 adopted 11-22-82.Sec.7) (f) Storage of vehicle per day or fraction thereof—$5.00 (Ord.adopting Code) A-25 § 31.00 MASSAGE ESTABLISHMENT AND SERVICE FF.Ei If 31.01 Massage Establishment and Service License and Permit Fees Any person desiring to obtain a license or permit to operate a massage establishment or to perform massage services or to act as a massage technician's aide,shall make application to the chief of police together with a fee which shall be used to defray,in part, the costs of investigation and report. Said fee shall be five hundred dollars ($500.00) for license and permit to operate a massage establishment and fifty dollars ($50.00)for license and permit to perform massage services. Said fees shall be non-refundable. (Ord.74-9 adopted 9-10-74,Sec.4) § 31.02 Fee for Sale, Transfer or Change of Name A fee of two hundred dollars ($200.00) shall be payable for each such application involving the sale, transfer of any interest in,or the name change of an existing massage establishment. (Ord.74-9 adopted 9-10-74,Sec. 14) § 32.00 ,JUNKYARD AND SALVAGE YARD LICENSE_FEES Before any license is issued under the provisions of this section,the applicant shall pay an annual fee of one thousand dollars(S1.000.00). Any license issued shall expire on the first day of January next succeeding the date of its issuance, but may be renewed from year to year in like manner as is provided for in the original license. (Ord.84-27 adopted 5-22-84) § 33.00 ANNUAL TAX ON AUCTIONEERS An annual tax of fifteen dollars (S15.00)is hereby levied against every auctioneer selling anything of value for profit within the corporate limits of the City of Wylie.Texas. (Ord.adopted 9-16-35,Sec. 1) § 34.00 FOOD ESTABLISHMENT PERMIT FEES There shall be a twenty-five dollar($25.00)fee assessed for each health permit issued by the health officer. (Ord.85-95 adopted 12-10-85.Sec. 1-11) § 35.00 GARAGEKEEPER'S ABANDONED VEHICLE REPORT FEE A fee of five dollars(55.00)shall accompany the report of the garagekeeper to the police department. The five dollar($5.00)fee shall be retained by the police department receiving the report and used to defray the cost of notification or other costs incurred in the disposition of an abandoned motor vehicle. (Ord.90-7 adopted 3-27-90.Sec.9) § 36.00 ,SERVICE FEE FOR SERVING WARRANTS OF ARRESTS In addition to fines imposed by the judge of the municipal court,a special expense of twenty-five dollars ($25.00)shall be assessed against each defendant in a case where the issuance and service of a warrant of A-26 arrest is required for an offense under Section 38.11, Penal Code, or under Section 149, Uniform Act Regulating Traffic on Highways(Article 6701d,Vernon's Texas Civil Statutes),or for failure to appear in response to a written promise contained in a personal bond given under the provisions of Article 17.04, Code of Criminal Procedure,provided that due notice has been given to the defendant,prior to the issuance and service of such warrant of arrest,that such special expense will be imposed. (Ord.87-45 adopted 9-8-87,Sec. 1) § 37.00 SPECIAL EXPENSE FEE FOR DISMISSING OFFENSES FOR DEFENSIVE DRIVING COURSE ATTENDANCE The municipal court shall also collect a special expense of ten dollars ($10.00) for services performed in cases in which the defendant is discharged by virtue of having attended,subsequent to the date of the alleged offense,a defensive driving course in compliance with the provisions of Subsection (a), Section 143(A), Article 6701d,Vemon's Texas Civil Statutes. This special expense shall apply only to offenses committed after September 1, 1987. (Ord.87-45 adopted 9-8-87,Sec.2 and 3) § 38.00 VEHICLE IMPOUNDING FEES An impounding fee of five dollars($5.00)and a storage fee of fifty cents($.50)per day is hereby assessed against, and shall be collected from, the owner or driver of any vehicle impounded by virtue of the provisions of this section before the release of any such vehicle. The payment of this impounding fee shall not excuse such owner or driver from the charge of violating any applicable provisions of state law,this section,or other rules or regulations. § 39.00 WASTE HAULING PERMIT FEES Waste hauling permits shall be issued by the city upon proper application and payment of a ten dollar (S10.00)permit fee. All such permits shall be valid for one(1)year. (Ord.86-80 adopted 10-14-86.Sec. 16.6) § 40.00 WASTEWATER DISCHARGE PERMIT APPLICATION FEE Major industrial/commercial users required to obtain a wastewater discharge permit shall complete and file with the director, an application in the form prescribed by the city. A permit fee of twenty-five dollars ($25.00) shall accompany the application. New major industrial/commercial users shall apply at least ninety (90) days prior to connecting to the sewage system. In support of the application, the major industrial/commercial user shall submit the information requested by the application form. (Ord.86-80 adopted 10-14-86.Sec. 16.9) § 41.00 CHARGES FOR MOWING AND REMOVING BRUSH AND UNSIGHTLY MATTE The expense incurred by the City of Wylie, pursuant to the correcting of conditions as set forth in this section. shall be charged to and become a lien on the platted real estate or lot or lots upon which such expense is incurred. Such charges to be levied shall be as follows: (a) A charge of thirty seven dollars and fifty cents($3750)plus the city's cost per hour of mowing on per lot basis for each cutting of said weeds and brush shall be levied, assessed and collected against such A-27 • property each time such cutting of said weeds shall be performed where the area does not exceed forty-four thousand(44.000)square feet. On tracts and lots of land exceeding forty-four thousand(44,000)square feet. an additional charge of thirty seven dollars and fifty cents(S37.50)shall be levied,assessed and collected for each additional forty-four thousand(44,000)square feet or the major portion thereof. In the event that there are obstructions such as rocks,trees,shrubs,bushes,excavations,foundations of demolished structures or other impediments,an additional charge can be levied,assessed and collected from such premises for the actual cost resulting from the additional expenses incurred therefrom. (b) In the event that it becomes necessary for the City of Wylie.Texas to go upon property and door cause to be done the work necessary to seek compliance with§2.03 of Chapter 6 of the Code of Ordinances,the actual expenses incurred shall be charged,levied,assessed and collected against such property. (Ord.79-16 adopted 7-24-79,Sec.6) A-28 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: LEGAL DEPARTMENT DIRECTOR: STEVEN P . DEITER DATE REFERENCE NO. SUBJECT 3-4-93 ENACTMENT OF ORDINANCE CONTROLLING OBSCENITY SUMMARY OF SUBJECT: THE COUNCIL HAS RECENTLY PASSED AN ORDINANCE REGULATING SEXUALLY ORIENT— ED BUSINESSES AND ANOTHER REGARDING THE DISPLAY OF SEXUALLY EXPLICIT 'MATERIALS NEITHER OF THESE ORDINANCES HAS ANY EFFECT °N THE SALE, RENTAL, OR OTHER DISTRIBUTION OF OBSCENE MATERIALS la:THIN THE CITY . IN ORDER TO PREVENT THE DISTRIBUTION OF SUCH MATERIALS WITFTA THE CITY A THIRD ORDINANCE, DEFINING OBSCENE MATERIALS AND THEN PROHIBITING THE SALE,RENTAL , OR OTHER DISTRIBUTION OF SUCH MATERIALS IS NECESSARY . THE PROPOSED ORDINANCE ACCOMPLISHES THIS THIRD MEANS OF REGULATION ALTERNATIVES: • 1) ADOPT ORDINANCE PROHIBITING THE SALE, RENTAL, OR OTHER DISTRIBUTION11 OF OBSCENE MATERIALS WITHIN THE CITY, AS PROPOSED IN THE ORDINANCE 2) ADOPT SIMILAR ORDINANCE FOR REGULATION OF OBSCENE MATERIALS, WITH CHANGES AS DEEMED APPROPRIATE BY COUNCIL 3) DECLINE TO TAKE ANY ACTION REGARDING REGULATION OF OBSCENE MATERIALS ACTION REQUESTED: ALTERNATIVE 1) ADOPTION OF ORDINANCE PROHIBITING SALE, TRANSFER, RENTAL OR OTHER DISTRIBUTION OF OBSCENE MATERIALS WITHIN THE CITY OF WYLIE REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A N/A BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS 0 ONE-TIME 0 S - CAPITAL ❑ RECURRING 0 OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: XXXx BACKGROUND MEMO MINUTES LETTER C.I.P. XxXx ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: XX CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POUCE CHIEF _ 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 Regarding Obpcene Materials DATE: February 25, 1993 The Council has recently enacted two separate ordinances controlling commercial sexual activities. The first was an ordinance making it an offense to display sexually graphic material in the public portion of any business. The second was the sexually oriented business ordinance which required the licensing and restricted the location of SOBs such as adult theaters, adult book stores, etc.. However, even with these two ordinances it is still lawful for a video store or book store to sell, rent, and otherwise distribute obscene materials. The SOB ordinance applies to and regulates adult video and book stores, only if sales of adult materials are "one of its principal -a-- business purposes". Even if the business is one which has a principal purpose of selling adult materials, it (the business) is only regulated, and the sales/rentals of the obscene materials are not prohibited or in any way restricted. Therefore to regulate the sale, rental, and distribution of obscene material a third ordinance is necessary. Such an ordinance would typically define what constitutes obscene material and then prohibits sale, rental, or other distribution of it within the City. The ordinance I have drafted defines obscenity in accordance with the definitions set out by the United States Supreme Court. The definition is essentially the same definition which appears in the Texas Penal Code. In plain words the definition says that if the material depicts ultimate sexual acts and the only value of the material is to stir up sexual interest, then its obscene. With a generic definition such as this, the issue of whether a given tape, book, or other material is obscene must be determined on a case by case base. That is does the material meet the definition? If it does, its obscene, and under the proposed ordinance cannot be lawfully transferred in the City. There is no clearly defined line (or listing) as to what is or isn't obscene. For example most, but not necessarily all, adult or XXX movies would be obscene. What is or isn't obscene would be determined by using contemporary community standards. That is, obscenity in Wylie is what our citizens say it is, and the local perception may be very different than the community standard of Dallas or New York City. Even though the ordinance places a prohibition on transfer of obscene materials it is not censorship nor does it violate any other constitutional protections. The U.S. Supreme Court has consistently held that if material is obscene there are no constitutional protections. I gone to some length to explain this particular ordinance because, unlike the other two ordinance regulating commercial sexual activity, it will have an effect on an existing business(es) in Wylie. There are one or two of the video stores which currently rent adult movies, at least a portion of which would be obscene. If the ordinance is enacted the continued rental of the adult movies by these store(s) would be in violation of the City's ordinances. The manager of one store called to inquire whether the SOB ordinance effected the stores rental of adult movies. I told her it would depend on whether a principle portion of the business was devoted to the adult movie rentals. She indicated her particular store was doing about $1,000 a month in adult movie rentals. I mention this only to point out that there is a significant demand for such materials in Wylie. If the ordinance is passed I would suggest, subject to the council's discretion and direction, that I would write all video stores a letter advising them of the ordinance and its effect on their renting obscene materials. I would further suggest that the letter advise them that I would not take any action to enforce the ordinance until 60 or perhaps 90 days following the letter. This would allow them an opportunity to phase out that portion of their business and remove the tapes from their inventory. I apologize for the explicit nature of some of the terms which appear in the definitions in Section I of the ordinance. While such terms may be unpleasant to some, they are nonetheless necessary to effectively enforce such an ordinance. Again these definitions are taken, almost verbatim from Section 43.21 of the state Penal Code. The state law does not prohibit the distribution of obscene, only what amounts to reckless display or distribution of obscene material. It does however define obscene material, in the aforementioned Section 43.21 the same as the proposed Wylie ordinance. Should any of you require additional information or background, or have further questions please do not hesitate to contact me. cc: Steve Norwood ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE WYLIE, TEXAS, BE AMENDED BY ADDITION OF A CHAPTER NUMBERED 13A, AND TITLED "OBSCENITY", MAKING IT UNLAWFUL TO PROMOTE OBSCENE MATERIAL; DEFINING CERTAIN TERMS; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the United States Supreme Court has determined, in the cases of California v. Miller (93 S. Ct. 2607) and other cases, that the sale, distribution, rental or other transmission of Obscene material is not protected under the United States constitution and therefore may be prohibited and otherwise regulated by local units of government; and, WHEREAS, the Appellate Courts for the State of Texas has determined in Video News v. State, 790 SW 2d 340, Childreth v. State, 751 SW 2d 941, Andrews v. State, 652 SW2d 370, and other cases that the restriction of the display and distribution of obscene materials is not in violation of the Texas Constitution; and, WHEREAS, Section 54.004 of the Local Government Code, V.T.C.A., authorizes home rule cities to enforce all ordinances necessary to protect health, life, and property, and the preserve the good government, order and security of such cities and their inhabitants; and, WHEREAS, the City council has determined that prohibiting the sale, rental, distribution or other transmission of obscene materials in the City is necessary to protect the health, life, and property and general welfare of its Citizens; and, WHEREAS, there exists substantial and persuasive studies and evidence which indicate the adverse effect exposure to such materials has on individuals, particularly adolescents and young adults, as well as the community as a whole; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I In this Ordinance the following terms and words shall be defined as, and have the meaning as indicated: (a) "Obscene" means material or a performance that: ORDINANCE NO. PAGE TWO (1) the average person, applying contemporary community standards, would find that taken as a whole appeals to the prurient interest in sex; (2) depicts or describes: (A) patently offensive representations or descriptions of ultimate sexual acts,normal or perverted,actual or simulated, including sexual intercourse, sodomy, and sexual bestiality; or (B) patently offensive representations or descriptions of masturbation, excretory functions, sadism, masochism, lewd exhibition of the genitals, the male or female genitals in a state of sexual stimulation or arousal, covered male genitals in a discernibly turgid state or a device designed and marketed as useful primarily for simulation of the human genital organs; AND (3) taken as a whole, lacks serious literary, artistic, political, and scientific value. (b) "Material" means anything tangible that is capable of being used or adapted to arouse interest, whether through the medium or reading, observation, sound, or in any other manner, but does not include an actual three dimensional obscene device. (c) "Performance" means a play, motion picture, dance, or other exhibition performed before an audience. (d) "Patently offensive" means so offensive on its face as to affront current community standards of decency. (e) "Obscene device" means a device including a dildo or artificial vagina, designed or marketed as useful primarily for the stimulation of human genital organs. (e) "Promote" means to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do the same. SECTION II A person commits an offense if he intentionally or knowingly promotes obscene material. ORDINANCE NO. PAGE THREE SECTION III Any person violating the provisions of this ordinance, or any part hereof, commits an unlawful act and shall be subject to the general penalty provisions of Section 1-1.06 of the Wylie City Code, as the same now exists or is hereafter amended. SECTION IV 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 V 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 VI 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 VII 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. ORDINANCE NO. PAGE FOUR DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 9th day of March, 1993. By John W. Akin Mayor ATTEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney City of Wylie AGENDA COMMUNICATION SUBMITTED BY: CITY MANAGER DIRECTOR: STEVE NORWOOD DATE REFERENCE NO. SUBJECT 3/9/93 NEWPORT HARBOR WATER PRESSURE PROBLEMS SUMMARY OF SUBJECT: For over a year, the City of Wylie has been aware of water pressure problems at Newport Harbor. There has always been a concern with chlorine residuals and sufficient water flow for a potential structural fire. As you are aware, staff and consulting engineers have thoroughly examined all options regarding a solution. To correct all of the above concerns, it would cost the City a minimum of$500,000 to $1 Million dollars. The booster pump station is the most workable and financially feasible option. Not only will water pressure increase; but so will fire fighting capabilities. The chlorine residuals will be still be a concern. Terry Millican of Millican and Associates, have completed engineering and designing and will be available for questions. ALTERNATIVES: 1.) Approve the construction of a booster pump station. 2.) Approve and fund other options. 3.) Deny the request. ACTION REQUESTED: Approve the construction of a booster pump station along the 1378 corridor. REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A Utility construction fund $50,000 (approximately). BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ S45,000 - 355.000 PERSONNEL ❑ - OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: The exact cost will be determined once the bids are received. - SUPPORTING DOCUMENTS: X 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: k CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBUC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CI MANAGER MEMORANDUM DATE March 5, 1993 TO Mayor John Akin and City Council FROM Ori Steve Norwood, City Manager 400 SUBJECT Newport Harbor The attached information is from a previous worksession that identifies the construction of a booster pump station to improve water pressure at Newport Harbor. Terry Millican of Millican and Associates has designed and engineered a booster pump station that will increase water pressure to Newport Harbor. I am recommending to Council that we approve the construction and move forward as soon as possible with construction time approximately ninety (90) days. It is necessary to move rapidly before peak watering months of July and August. It is on high demand days that we have the most complaints. Please refer to the Status Report for additional information regarding this project. CITY OF WYLIE 1992 - 1993 CAPITAL PROJECTS (continued) 3.) NEWPORT HARBOR Project Description: Water pressure and chlorination con tin to be a concern for the City and resides of Newport Harbor. Several options h; been explored with the Booster Station most cost effective solution. A chlor injection system is also planned. Status: Freeman/Millican & Associates finalizing cost estimates and final desi for solution. Should be forthcoming to Council in January. Estimated Cost: $50,000 - $60,000. 4.) NTMWD LIFT STATION Project Description: City has a 20 +year lift station on NT` property that needs to be replaced. year City incurred$12,000+in by-pass A gravity flow line is planned to tit "old sludge line",just SW of City 1-1 Status: Smoke test being performed on"old line". Bob Hogan studying impact of Creek Station. Hogan has also corn preliminary design of gravity lint NTMWD to sludge line. Estimated Cost: $180,000 TOTAL ESTIMATED PROJECT(S) COST: City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Manager DIRECTOR: Steve Norwood DATE REFERENCE NO. SUBJECT 3/5/93 10 Engineering and Design of Utility Lines - SUMMARY OF SUBJECT: At an earlier worksession, Council was informed of several projects that would be funded from the $350,000 left over from the landfill closure. As you know, Council recently approved engineering and design for the NTMWD gravity line and also on this agenda, we are authorizing the City Manager to proceed with Newport Harbor. The final two projects to construct are an 8"sewer line and an 8" water line. The water line will be relocating the line along Alanis. The sewer line will replace an existing deteriorated line on First Street. We had previously planned to replace the water line with the sewer line being replaced with the grant. I will explain in more detail at the meeting Tuesday night. ALTERNATIVES. (1) Approve engineering and design for both projects (2) Take no action at this time (3) Evaluate other options . I ACTION REQUESTED: Instruct the City Manager to authorize engineering and design for Alanis water line and First Street sewer line in an amount not to exceed $9,500. _ REVENUE SOURCES: EXPENDITURE ACCOUNTS: 121.24 644446,41-e.,4....t.." BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME 0 • S 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 77— OTHER MINUTES LEGAL R V EWED 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 WORKS BUILDING OFFICIAL APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER THE HOGAN CORPORATION Engineers • Planners March 2, 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: New water and sanitary sewer mains 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 proposed new water and sanitary sewer mains in the City. It is our understanding that the City of Wylie desires to install an 8-inch water main in Alanis Lane from Ballard Avenue westward to connect to an existing 8-inch main (a distance of approximately 2 , 300 linear feet) and an 8-inch sanitary sewer in the alley between First Street and Ballard Avenue from Stone Street northward to an existing manhole on the existing 8-inch main (a distance of approximately 1, 300 linear feet) . Figures No. 1 and 2 attached hereto show the general locations of the proposed water and sanitary sewer mains. Preliminary construction cost projection for each main is as follows: 8-inch water main $49, 500 8-inch sanitary sewer main $32, 500 Total $82, 000 These cost projections have been prepared for budget purposes only and are not guaranteed as the exact amounts which will be bid for furnishing and installing the proposed improvements. 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. Member, Consulting Engineers Council of Texas 12900 Preston Road at LBJ, Suite 620 Member, American Consulting Engineers Council North Dallas Bank Tower Dallas, Texas 75230 TEL: (214)392-4600 FAX:(214)490-7163 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 i toi be constructedons and t documents, for theimprovements including field surveys (plans to be prepared on recent aerial photographs) ; 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 test t assist in ing to be conducted for the City's account, 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 ed from detailed applications and supporting 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 contrac t for doacuments to the applicable state agency (agencies) where necessary; 6. Furnish such information necessary 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 ewrwritten aen thee h performance from of services City, in thisEnphasegineer aswill follows: t p 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 - 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; 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; - 3 - 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) ; 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. Performing any field surveys and layout services in the preparation of plats and field note descriptions for obtaining any required easements or rights-of-way; 6. 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; - 4 7. 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. 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 $6, 500 Bidding 1, 000 Construction 2 , 000 Total $9,500 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 Robert E. Holyan, 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 • I •r w�....i w •.• G. „ 1 1�--f �,'' ‘1.. .......��1,�.11 1 _ Yy.'t v r 1 I.M..A,wl s IJ fl...flr. I,l l i- 7 T11•` I.lf k i .4 Fr •c i ;lfi/r -0—w—lri ..c`a; rT' j wTq•.w. . ,li .o , i. t 1 ['� 1 • • ,k• I r I- ,r,u .'•�. 1,,1 ,�,..• I .„,a•RI '__rrll .. • •.•. • r, •. • . •••:n. o .rt 0 r n 1■ ..1Jn� 3ia.._Ji_a_ .A I. ,r n ' - -. .10. , ..... .� . . 'I r • - .. .a IA �'r , 9 ab no -l� -m1r " _� i 8"r g" h. ' .1 X 18 •, I~ t 18 1 b Ir r j ., 4 T. 14 I Y d 'AQM� _I ON � bV. I I ' ,r _ 15•' 6 �• �5 6 � 15 1, 6 � 6 1 •.r..».. r,r. NBrec � 0u ' •4 14 .• 7 1:_ 14. 7 "r2 14 7 •,1 7 I ,.. • 18 • p IS ; 8•:v 131• Q •5 13 i 8 8 , rt. �T-`-- 9 1'I ` 9 c, 12 t. 9 }�.: 12 9 , 9 UJ ,cw r sr•..1 e•.wrr• wuMf..(-111•.[. CC T�1- -1k14 A 1. Mini :Sr0f,[[[r��`,�:1 .,II,�,.1 9`J ,,� > i 1 0 • — — ,— a o c r qgis 1 8 OD ,,t: 1 . �, , 1014 a" PROPOSED r_ -Os 8Y a" co. 0 , .•I . . . .+w ,. ' WATER MAIN rZ N O _.___. - ey M e. .41. ,,. , L ALANIS LANE „ r•• ! n 1 ` • .,B 8 2_ ,ti_.. . in Insno -T�.i_Illw1E —� ----r i Alanis LaO11 P - - u ---- 41,.w rr.• 1 — — 141 1 �16 I IE1 • 1 �•,4 i4 l.r I..... 1 P•. 2 / '5 _.. 1J F) • •� ,.wl, 0j r. K . �: 12 14 I 3 Id a — -- I n: • I I t�41 t�1-I 1 , rjr 14" y �I 6 I I ~5 I, r,..r,r • I. •e,I -- I 6 df 7 I U 7 1 • 1 • ..,:... 'tI. 2 3. 415 6 g a: il • 6 _ ' .P K ' 48 14414314,2 41 14C1`3958 57361'N5 _ (4 07 I _ _ mot For I kl. .C. �1 —I. 1 x g SCruice. ,,. j IB 10 2 3 , a 5 i 6 7 I--_ _ 41'K 2 A ! 1 8• 1 - I ._ r • 11.- --� .....- 3 Znic r,to drive r . CITY OF WYLIE, TEXAS Q I ;I 4 F l 7 6 9 :►---- 10 . PROPOSED WATER MAIN -� - I • II In Alanis Lane 5 2 ,I p ; 6 ' I - 19 19 , 17 16 15 1 14 THE HOGAN CORPORATION > , j I I 1. 1._-1 1 I Engineers • Planners • Consultants U ik GOW L.�,r1e Dallas,T.:.. I' . '�i I MI di Mb i..; - 1 ' —L.. 0, xi j .. . _ , ,/� 11—a NI _, l r N 11" i .4 a IG •• ■ pi I .1 NIIRtwig , .••..+Ca •• - • i Ili •� �. Silligiwt .a �.igl / © . fidig !MO C WYLIE MI P m� • jjjj 8 • CEMETERY r'' / ;:,./.< 00 A S l ;if° v . 'i..'' ttlISSI: 141 a "I um r '' /- z to gillrh Mtn F i ip a, ,0 .,,,,,,„,, 1 ' : lElb ' a , w• ���minumi ,� s. • » .7 .yr ,. 44 „,./ .4,t. . , '- ,-, ...,ts, , — 11P11141 _ . • �,`' �a ' BUTLER ST;; f► . �... it Aral— .t.r'r :ail r. • r • •e4.-,, " II�. 4 •� I. r • "'� ' ]r r� r • ••'r�•,1k/ • 'n it .Z,•, ,,, • . .., N 1 "4. .... .1.}..F. .. r % Alp Yw 'liV 4' gli ,. 6." i Mize VItiZeptgoo,..‘11..f.91:An. P1111,, / so • -- .. �•s. 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TM� I low" CITY OF WYLIE, TEXAS •� .��► •YNCAMhNr .• � .• �� °•` _ � FprWPROPOSED SANITARY SEWER . .�}. ���Vr4.. <'a 44 oo -��erriprce ' !r "� Between Ballard and *., t. ��e� o,te _` First Streets ,gii, ��:I��I' r ■ P��� THE HOGAN CORPORATION •5'1 > -, Engineers • Planners • Consultants • p��:/ _ Utter+! Dallas,r.:.. ,� FIGURE NO. 2 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Secretary DIRECTOR: Mary Nichols* DATE REFERENCE NO. SUBJECT 3/5/93 11 Executive Session and Resolution Appointing EIPr:tion JIldgAs and Alternates SUMMARY OF SUBJECT: Attached is a resolution appointing the election judges and the alternates. We would recommend appointments be made for a "single" election as outlined in the resolution rather than for one or two year terms. Since we won't know the names of the appointees until after the executive session, these places have been left blank in the resolution. ALTERNATIVES: (1) Approve the resolution appointing election judges and alternates (2) Take no action at this time ACTION REQUESTED: Staff is recommending that Council approve the resolution and appoint election judges and alternates at this time. REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL 0 OVER/UNDER PROJECTIONS BY: OPERATIONS 0 ONE-TIME 0 S 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 APPROVE FOR SUBMISSION TO CITY COUNCIL CITY MANAGER RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, APPOINTING ELECTION JUDGES AND ALTERNATE ELECTION JUDGES TO SERVE DURING THE 1993 MUNICIPAL ELECTION; PROVIDING FOR A TERM OF ONE ELECTION; PROVIDING FOR THE NOTIFICATION OF JUDGES; PROVIDING FOR THE COMPENSATION OF JUDGES; 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 Texas Election Code provides for the appointment of a Presiding Judge and Alternate Presiding Judge for each polling place; and WHEREAS, the City Council of the City of Wylie has determined that two separate polling places shall be used for the purpose of receiving ballots for the 1993 Municipal Election as providing in Resolution 93-3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wylie, Texas, that: SECTION 1. Election Precincts: Polling Places. As previously resolved in Resolution 93- 3, 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 2. 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 of the City of Wylie does hereby appoint the following persons to serve as Presiding Election Judges and Alternate Presiding election Judges for the 1993 Municipal Election: POLLING LOCATION PRESIDING JUDGE ALTERNATE PRESIDING JUDGE Southfork Methodist Church Each Presiding Election Judge and Alternate Presiding Election Judge shall be qualified voters within the precinct served by the polling place to which they are assigned. 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 3. Term of Appointment. Each Presiding Election Judge and Alternate Presiding Election Judge as appointed herein shall serve for a single regular election to be held on May 1, 1993, and if required, for a runoff election to be held on May 29, 1993. SECTION 4. 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. SECTION 5. 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 6. 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 March, 1993. APPROVED: Mayor ATTEST: