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03-23-1993 (City Council) Agenda Packet AGENDA WYLIE CITY COUNCIL MARCH 23, 1993 7:00 P.M. MUNICIPAL COMPLEX CALL TO ORDER INVOCATION - PLEDGE OF ALLEGIANCE CONSENT AGENDA cL 1. Consider Approval of the Minutes of March 9, 1993 P 2. Consider Approval of an Ordinance Amending the Water/Sewer Rate Ordinance for the Purpose of Making Corrections 3. Consider Approval of a Resolution Declaring the Month of April as "Keep America Beautiful" Month 4. Consider Approval of Final Plat for McMillen Farms Subdivision ACTION ITEM 5. Discuss and Consider Approval of an Ordinance Adopting Revised Subdivision Regulations 6. Discuss Annual Audit Report with Representatives of Rutledge, Crain & Co, PC and Consider Accepting Audit for Fiscal Year 1992 7. Discuss and Consider Approval of a Lease Agreement for Batting Cages at Community Park 8. Discuss Dallas County Open Space Plan and Take Any Necessary Action 9. Discuss and Consider Approval of Tax Refund - Overpayment of Taxes to American National Bank STAFF REPORTS CITIZEN PARTICIPATION ADJOURNMENT Posted this 19th day of March, 1993 at 5:00 p.m. Steve Norwood, City Manager City of Wylie AGENDA COMMUNICATION SUBMITTEDBY: LEGAL DEPARTMENT DIRECTOR: `\• N P. DEITER DATE REFERENCE NO. SUBJ CT 3-15-93 AMENDMENT OF UTILITY RATES TO CORRECT ERRORS SUMMARY OF SUBJECT: THE ORDINANCE CHANGING WATER AND SEWER RATES CONTAINED TWO ERRORS WHICH WERE THE RESULT OF MY CLERICAL ERROR AND WHICH WERE NOT CAUGHT BY ANYONE UNTIL THE PRESENT BILLING CYCLE WHEN THE RATES ARE BEING IMPLEMENTED . THE AMENDING ORDINANCE CORRECTS THE TWO ERRORS BY CHANGING THE RATES TO WHAT THEY WERE ORIGINALLY INTENDED TO BE . THAT IS THE CHARGES FOR THE FIRST 1 , 000 OF RESIDENTIAL USAGE IS $7 . 15 NOT $7 . 84 AND THE MAXIMIUM SEWER PASS THROUGH FOR RESIDENTIAL IS $5 . 00 INSTEAD OF $7 . 50 . ALTERNATIVES: 1 ) PASS THE ORDINANCE TO CORRECT THE CHARGES THAT WERE MIS-STATED IN THE UTITLITY RATE ORDINANCE 2) DECLINE TO PASS ORDINANCE AND LEAVE CHARGES AS ORDAINED IN ORIGINAL ORDINANCE ACTION REQUESTED: ADOPTION OF ORDINANCE CORRECTING ERROR IN WATER AND SEWER RATES . MEMORANDUM TO: City Council11111. FROM: Steve Deiter SUBJECT: Correction of Water and Sewer Utility Rate Ordinance DATE: March 15, 1993 When I drafted the Ordinance for change to the water and sewer rates I did so on information provided from the utility department, the existing rates, and previous rate ordinances. In so doing I made two mistakes which were not caught when the ordinance was passed. The first one was merely a typographical error. The rate for the first 1,000 gallons of residential water use was set at $7.84 and it should have been $7.15. The second error was one of misunderstanding and lack of familiarity on my part. I incorrectly assumed the sewer pass through for the first 1,000 gallons ($2.50) was added to the charge for the second 1,000 gallons ($5.00) for a total for $7.50. The past practice and intent of the ordinance was for the maximum to be only $5.00. The correcting ordinance relates back to the effective date of the original ordinance so as to accomplish the effect of the original ordinance. There is only one billing that will be (perhaps has already been) sent out before the Council has an opportunity to consider the change. I understand that this billing was at the lower rate which the correcting ordinance will establish. I regret the inconvenience which the oversight has caused. Fortunately it is a very correctable error and one in which the rate payer gets the advantage of. Should any of you have any questions on the matter please advise. cc: Steve Norwood Brady Snellgrove ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, MAKING CORRECTIONS FOR CLERICAL ERRORS CONTAINED IN ORDINANCE NO. 93-5 WHICH ESTABLISHED WATER AND SEWER RATES, AND THEREBY AMENDING SECTIONS 1.02 AND 1.03 OF APPENDIX A OF THE WYLIE CITY CODE, REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council adopted Ordinance 93-5 establishing water and sewer rates on January 26, 1993; and, WHEREAS, the said Ordinance 93-5 contained two clerical errors regarding rates therein expressed and therefore should be corrected to reflect the true rates as were intended to be established by the Ordinance; and, WHEREAS, the City Council desires to make such correction retroactive to the effective date of the original ordinance; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That Section 1.02 of Appendix A to the Wylie City Code, as most recently amended by Ordinance No. 93-5, be, and it hereby is, further amended, as follows: The monthly minimum charge for first 1,000 gallons of meter water consumption, as set out in Section I(a)(1) of said Ordinance be changed from $7.84 to $7.15 SECTION II That Section 1.03 of Appendix A to the Wylie City Code, as most recently amended by Ordinance No. 93-5, be and it hereby is, further amended, as follows: The flat rate pass through charges for sewage collection and treatment for residential customers, as set out in Section II(d)(1) of said Ordinance be changed from $7.00 to $5.00. ORDINANCE NO. PAGE TWO SECTION III . That the changes in charges, as herein enacted, upon the effective date of this ordinance shall be effective retroactively to the 1st day of February, 1993, so as to allow sewer and water customers the benefit of the reduction in said charges. 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. . DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 23rd day of March, 1993. By John W. Akin Mayor ATTEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING WATER AND SEWER RATES FOR THE CITY OF WYLIE, AMENDING SECTIONS 1.02 AND 1.03 OF APPENDIX A OF THE WYLIE CITY CODE (THEREBY AMENDING ORDINANCE 84-12, ORDINANCE 90-18, AND ORDINANCE 91-7) REPEALING PORTIONS OF ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Wylie City Council has examined the rates charged for water and sewer provided by the City and determined that the current rates are not generating sufficient revenue to sustain the City's utility operations, causing the same to be operated at a loss; and, WHEREAS, the City Council has further determined that the City's utility operations should not be operated in a deficit whereby other City revenue sources are needed to supplement such operation; and, WHEREAS, the City desires to raise the charges for water and sewer services provided by the City so as to make the utility operations self sustaining; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows, SECTION I That Section 1 . 02 of Appendix A to the Code of Ordinances of the City of Wylie, Texas, is hereby amended by deleting the existing section, in its entirety and substituting the following therefore: "(a) the following monthly water rates shall apply to all RESIDENTIAL customers within the corporate limits of the City of IA Wylie, Texas: I. (1) Monthly minimum charge for first 1,000 gallons of m ered water consumption (2) Volume charge for all consumption exceeding 1,000 gallons (per 1,000 gallons) -1,001 to 2,000 gallons (per 1,000 gallons) $1.82 -Over 2,000 gallons (per 1,000 gallons) $2.55 (b) The following monthly water rates shall apply to all COMMERCIAL customers, other than apartments, mobile home parks and other multi-unit dwellings not individually metered) within the corporate limits of the City of Wylie, Texas: (1) Monthly minimum charge for first 1,000 gallons of metered water consumption $10.15 ORDINANCE NO. g3 - PAGE TWO (2) Volume charge for all consumption exceeding 1 ,000 gallons (per 1,000) -1,001 ti 2,000 gallons (per 1,000) $1 82 -Over 2,000 gallons (per 1,000) $2 55 (c) The following water rates shall apply to all APARTMENTS, MOBILE HOME PARKS, and OTHER MULTI-UNIT DWELLINGS, not individually metered, within the corporate limits of the City of Wylie, Texas: (1) Monthly minimum charge for first 1,000 gallons of metered water consumption $10.15 (2) Volume charge for all consumption exceeding 1,000 gallons (per 1,000) -1,001 to 2,000 gallons (per 1,000 gallons) $1.82 -over 2,000 gallons (per 1,000) . . $2 55 (3) An additional charge of $3.00 per occupied unit, with occupancy being determined as of the 5th day of the month preceding the billing. (d) the monthly water charge for any customers (residential, commercial, apartment, mobil home park, or other multi-unit dwelling not individually metered) 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. (e) Any bulk water customer who desires to withdraw water from a hydrant or other source not metered and charged directly to them shall fill out a water application form and sign the form in the same manner as a regular metered customer. Bulk water rate charges are to be charged in 25 gallon increments at the same rates as the commercial customers. SECTION II That Section 1.03 of Appendix A to the Code of Ordinances of the City of Wylie, Texas, is hereby amended by deleting the existing section in its entirety and substituting the following therefore: "(a) The following monthly sewage collection and treatment rates shall apply to all residential customers of the City of Wylie, Texas: (1) Monthly minimum charge (first 1,000 gallons of metered consumption) $10.00 (2) Volume charge for all consumption exceeding 1,000 gallons (per 1,000 gallons) . $1 45 (3) the total charge for any month shall be subject to maximum of $29.57 ORDINANCE NO. d PAGE THREE (b) The following monthly sewage collection and treatment rates shall apply for all non residential customers of the City of Wylie, Texas: (1) Monthly minimum charge (first 1,000 of metered . consumption) $14.00 (2) Volume charge for all consumption exceeding 1,000 gallons (per 1,000 gallons) $1.45 (3 ) The total charge for any month shall be subject to maximum of $29.57 per month. (c) A sewer fee of $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 for water consumption 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 projected annual increase in costs related to debt service requirements for expansion of the City's waste water treatment plant, as follows: (1 or residential customers the fee shall be $2.00 for the first 1, ns and $5.00 for all amounts thereafter for Sop maximum of $7:66 i-der month. (2) For co$m 1 customers the fee shall be $7.50 per month. (3) For Apartments and Mobile Home Parks, and other multi-unit dwellings the fee shall be $5.00 per month per occupied unit, with occupancy being determined as of the 5th of the month preceding the billing. (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 %115 of the rate charged customers inside the corporate limits of the City, including sewer pass though fees. (f) All references to gallons and consumption in this section shall mean water usage, which shall be used to determine the sewer rates herein imposed. " SECTION III The rates herein imposed shall be effective for all sewer and water usage occurring after the 1st day of February, 1993. ORDINANCE NO. 7 cam+ PAGE FOUR 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 Ordinance 91-7 is hereby repealed and all other ordinances and code provisions in conflict or consistency and all other provisions of the wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VIII The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not be constructed 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 the accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie,Texas, this day of ?(— day of January , 1993 . By J4n W. Akin • yor ATTEST: / Mary Nic.of 1 City Secre - Approved: 1 ,'/ i, St- -n i! Dei -r City A o e _ar\ aC,) lgcf3 Cotmci \ W\ec�a�q Mayor Akin read the ordinance captions. Messenger made a motion to approve the Consent Agenda. Naish seconded the motion. The motion was voted on and passed unanimously. pETITION FOR 'NO-PARKING" ZONING ON STONEYBROOK DRIVE/PETITION OPPOSED TO PARKING RESTRICTIONS ON STONEYBROOK DRIVE I In response to a petition for "no-parking" submitted by Kevin Kerr on January 12th, Council received public comment regarding of 405 Stoneybrook, g 9 parking on Stoneybrook Drive. Barbara Cobem, signatures representing 24 residences er-petition on Stoneybrook. g parking restrictions which contained Council discussed providing "no-parking" on a single side of the street, providin "no- parking" on both sides of the street, or Burin g gas limit. City Manger Steve Norwood stated that one accident had bee well n or lowering the speed ted on brook in the past 18 months and police department monitoring had yielded one speeding ticket and 65 a reasonable number of cars parked on the street at any given time. Naish made a motion to deny the "no-parking" request as stated in the petition and to instruct staff to include Stoneybrook in the thoroughfare plan review. Swartz seconded the motion. The motion was voted on and passed unanimously. 70 IMPACT FEE WAIVER REQUEST FROM ROBERT FUSTON AND JOHN WILLINGHAM Council acted on the request tabled from the January 12th Council meeting. Norwood explained that the developers, required by ordinance to pay $4920 in impact fees for two four- 75 plex structures, had requested a waiver to the fees that exceeded $1100 per building claiming they had been given mis-information. Norwood explained that they had been given a generic answer to an impact fee question and procedures were being amended to prevent future mis- understandings. City Attorney Steve Deiter explained that the City ordinances made no provisions for waivers. Messenger made a motion to deny the request. Wright seconded the 80 motion. The motion was voted on and passed unanimously. ORDINANCE 93-5 AMENDING UTILITY RATES The City Manager made a presentation explaining current revenues from utility fees, 85 making a fee comparison with other cities, demonstrating the amount of revenue required for needed utility improvements, and showing the amount of debt that could be issued for the improvements based on the addition revenues provided by the proposed increases. He explained that the increases would be reflected on the March 15th water bills. Wright made a motion to approve the ordinance. Mayor Akin read the ordinance 90 seconded the motion. The motion was voted on and passed unanimously Messenger AN ORDINANCE OF THE CITY OF WYUE,TEXAS, ESTABLISHING WATER AND SEWER RATES FOR THE cm(OF WYLIE,AMENDING SECTION OF APPENDIX A OF THE WYLIE CITY CODE (THEREBY 95 AMENDING ORDINANCE 84-12, ORDINANCE 90-18, AND ORDINANCE 91-7) REPEALING CONFLICTING PORTIONS ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABIL y CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE 2 RESOLUTION NO0 WHEREAS, the City of Wylie, Texas, is rich in natural resources and beauty; and WHEREAS, the City Council of the City of Wylie believes that every citizen should contribute to keeping the environment lean and healthful, and should work with others to preserve and protect clean air, fresh water, and the natural beauty of our surroundings; and WHEREAS, Keep America Beautiful Month organizes millions of Americans in a national effort to improve the community environment through litter prevention activities, enhancement of public lands, and participation in solid waste management initiatives; and WHEREAS, Keep America Beautiful, Inc., the national, non-profit, public educational organization responsible for involving individuals in community improvement, originated KAB Month to focus attention on the efforts of concerned Americans; NOW, THEREFORE, be it resolved by the City Council of the City of Wylie that the month of April, 1993 is hereby declared to be: KEEP AMERICA :}EA UTIFUL MONTH in Wylie Texas, and the City Council does hereby urge all citizens, businesses, civic groups, government agencies, and other organizations to recognize this event and to work together to preserve the natural beauty of our state and town not only during Keep America Beautiful Month but throughout the year. Duly Passed and Approved this 23rd day of March, 1993. Approved Attest City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Engineering Construction DIRECTOR: Michael si'hmirlt, Building Official DATE REFERENCE NO. SUBJECT • 3/18/93 Final Plat approval for McMillen Farms Subdivision SUMMARY OF SUBJECT: A request from Shooting Star L.C. for approval of a Final Plat for a tract of 90.462 acres located along and adjacent to County Road 298 (McMillen Road) Right of Way. West from Farm Road 1378 Right of Way for a distance of 2,333.19' then South a distance of 1,640.41' then West 2,328.02' to the Right of Way along and adjacent to Farm Road 1378 Ndrth for a distance of 1,621.35' . i ALTERNATIVES: 1. Approve a request from Shooting Star L.C. for a Final Plat for McMillen Farms Subdivision. 2. Deny request from Shooting Star L.C. for a Final Plat for McMillen Farms Subdivision. r • ACTION REOUESTED: 1. To approve the Final Plat as submitted by Shooting Star L.C. for a subdivision to be known as McMillen Farms. MEMORANDUM TO: STEVE NORWOOD, CITY MANAGER FROM: MICHAEL SCHMIDT, BUILDING OFFICIAL DATE: MARCH 18 , 1993 SUBJECT: REQUEST FOR FINAL PLAT APPROVAL: MC MILLEN FARMS SUBDIVISION The improvements required from Shooting Star L.C. for , the subdivision McMillen Farms have been installed in accordance with standards and specifications as set forth by the City of Wylie. Improvements , easements and dedicated right of ways are all in place at this time and all applicable fees have been paid. The water main (8") , sewer main, manholes , fire hydrants and utility taps are inspected by Ray Cory and myself and are approved. I recommend that a Final Plat be presented to the City Council for their approval and acceptance. ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING CHAPTER 9, SUBDIVISIONS, OF THE WYLIE CITY CODE, BY REPEALING THE EXISTING CHAPTER IN ITS ENTIRETY AND ADOPTING NEW SUBDIVISION REGULATIONS; 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 comprehensive review of the City's existing "Subdivision Ordinance" and in conjunction with engineering consultants has prepared and submitted a complete revision of said ordinance; and, WHEREAS, the City Council has reviewed the proposed subdivision ordinance and determined that the same will facilitate equitable, sound, and safe procedures for development of subdivisions within the City; and, WHEREAS, the City Council desires to enact the propposed subdivision regulations; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That Chapter 9 of the Wylie City Code be, and it hereby is, amended by deleting the existing Chapter 9, in its entirety, and substituting the Subdivision Regulations, which are attached hereto as Exhibit A and fully incorporated herein by reference, in place thereof. SECTION II Any person violating the provisions of this ordinance, or any part hereof, shall be gulilty 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 thereof, as the same now exists or is hereafter amended. ORDINANCE NO. PAGE TWO SECTION III Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION V That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or consistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION 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 THREE DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 23rd 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: Finance DIRECTOR: Brady Snellgrove DATE REFERENCE NO. SUBJECT Presentation of the Annual Financial Report 03/18/93 f for the Fiscal Year 1991/92 SUMMARY OF SUBJECT: The City's outside audit firm, Rutledge Crain& Company, PC, will be presenting the Comprehensive Annual Financial Report(CAFR)for the Fiscal Year ended Septmeber 30, 1992 at the March 23, 1993 Council meeting. The auditors will briefly discuss some of the financial highlights for the year and will answer any questions the City Council might have in respect to the reports. This report is being submitted to the City Council as a requirement under the City Charter, Article Vll, Section 13. ALTERNATIVES: 1) This report is being submitted as a charter requirement, information for the City Council and the public. No action other than acknowledgement of the receipt of this report is necessary at this time 2) The Council may ask for further meetings with the auditors and/or any questions concerning the report be explained in further detail. ACTION REQUESTED: The staff is recommending that the City Council acknowledged the receipt of the annual report (CAFR). City of Wylie AGENDA COMMUNICATION SUBMITTED BY: COMMUNITY SERVICES DIRECTOR: BILL NELSON DATE REFERENCE NO. SUBJECT 3/12/93 BATTING CAGES AT COMMUNITY PARK SUMMARY OF SUBJECT: David Andrews wants to initially install a five (5) cage, maximum eight (8) cage batting facility at Community Park,just North of the playground area. Andrews would be responsible for all installation/maintenance costs and liability insurance with the City receiving a percentage of the revenue based on gross sales. This facility would not only provide a service to the patrons of Community Park (as well as others in the city), but would provide a new source of funds. ALTERNATIVES: 1.) Approve installation of batting cage facility. 2.) Deny installation of batting cage facility. ACTION REQUESTED: 1.) Approve installation of batting cage facility. The Parks and Recreation Advisory Board has recommended and I am in favor of this facility. MEMORANDUM DATE March 16, 1993 TO • Steve Norwood, City Manager FROM Bill Nelson, Director, Community Services \�" SUBJECT Batting Cages - Community Park In a meeting of the Park and Recreation Advisory Board on March 15, 1993, the item of David Andrews installing batting cages at Community Park was discussed. I am in favor of and this item was recommended in so far the installation of this facility. However, there was concern as to where the revenues for this facility would be spent. All of the members present, five(5), plus one (1) proxy, would like to see 25% to 50% of these revenues go to improvements at Valentine Park. Although I am also wanting to see significant improvements made at Valentine Park, I think it would be best to leave these revenues for the Community Park Fund for future major improvements (i.e. softball/soccer/football fields lighting, tennis courts, etc.) if a sizeable amount of funds are made available in the 1993-1994 Park and Recreation budget for improvements at Valentine Park. DRAFT PROPOSED LEASE AGREEMENT TERM 5 Years-With renewal option for an additional 5 year term. LEASE PAYMENTS 0 - $32,000 12% $32,001 - $45,000 18% $45,001 & Up 30% LEASE TERMINATION 90 Days notice of either party. Lessor cannot terminate lease within first 24 months without good cause. Property to be returned to its original condition by lessee at lessees expense within 90 days of termination. Lessor shall retain option of first refusal to purchase facility at its Fair Market Value should lessee decide to sell or terminate lease. Lessee shall provide lessor 30 day notice prior to the transfer of assignment of lease to another party for lessors approval. Such approval shall not be unreasonably withheld. LEASEHOLD IMPROVEMENTS At lessees expense. AND CONSTRUCTION FACILITY OPERATION At lessees expense. AND MAINTENANCE FACILTIY UTILrrIEs Installation expense to be borne by lessee. Cost for Utilities usage. Year 1 - 5 at lessees expense. FACILITIES ROAD AND To be provided by lessor and any additional improvements PARKING ACCESS will be borne by lessee. INSURANCE Lessee to provide appropriate property and liability insurance (liability insurance to be $1 million). WYLIE BATTING CAGES GENERAL FACILITY DESCRIPTION A. Facility shall include: Five (5) coin or timer operated batting stations, complete with pitching machines and ball pick up and return apparatus with common hitting areas Two (2) softball (slow-pitch) Three (3) baseball E; Concrete slab for batting, waiting and machine area Safety netting and fencing encapsulating the entire batting area Office/storage building (approximately 12' x 18') with service 10 window and counter. Building shall be temporary structure compatible with other buildings in the park. Nighttime lighting system sufficient for nighttime operation and shall be directed so as not to be a nuisance to surrounding residences. B. Facility shall be: Supervised during all hours of operation. Operated at a minimum of March 1 through October 31: Mon.-Fri. 5 p.m. to 8 p.m. Sat. 10 a.m. to 6 p.m. Sun. 1 p.m. to 6 p.m. C. Facility shall be: ,E; Located on the northeastern end of the Community Park adjacent to the sandbox playground area (see diagram) Constructed in accordance with all codes, standards and El,) ordinances. All plans and specifications shall be submitted and approved by City of Wylie Code Enforcement and Parks Department. 0 ��WYLIE BATTING CAGES W YL I E , TEXAS v- i j ,FUTURE UNIT - ;' • (SOFTBALL) / -, CI _� PAVILION FUTURE BATTING CAGES :------ '-- - ---" UNITS 6ASE�ALL SOFTBALL. $a� PLAYGROUND I ABL PROBl: ! ; (8A5Et hil.) 1 i �, / i. FUTURE PARKING i ? 0 p I Q 0 AREA h_.._ 1 • 1 ,y • a _1 `Z f fi O C I 0 O 0 I p . I O O / 0 [i 4C&)W-i:)' PARKING LOT; • I 4 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: CITY MANAGER DIRECTOR: STEVE NORWOOD • DATE REFERENCE NO. SUBJECT 3/19/93 OPEN SPACE SUMMARY OF SUBJECT: Dallas County has adopted and funded an Open Space Plan for the county. County officials have identified the northeastern portion of Dallas County as needing more open space park land. The City of Wylie has a portion of the city limits in Dallas County. The City of Sachse is supporting this open space plan. A portion of land is being selected with a joint project with Sachse and Wylie. ALTERNATIVES: 1.) Recommend resolution supporting Joint Open Space Plan with City of Sachse and Dallas County. 2.) Deny resolution. ACTION REQUESTED: 1.) Recommend approval of resolution with City of Sachse in support of Dallas County Open Space Plan. City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Finance DIRECTOR: Brady Snellgrove DATE REFERENCE NO. SUBJECT 03/18/93 Tax Refund-Overpayment of Taxes SUMMARY OF SUBJECT: Section 31.11 of the State Property Tax Code requires refunds in excess of$500.00 to be approved by the governing body. American National Bank paid the 1989, 1990, 1991 and 1992 City of Wylie ad valorem taxes as per the attached. Their check for$25,674 was in full payment of these years with an overage of $690.50, ALTERNATIVES: 1)Refund the overpayment. 2) Table the request, 3)Ask staff for additional research into this item. ACTION REQUESTED: Refund overpayment of$690.50 to American National Bank. ie CITY OP' WYLIE 2000 HWY 78 N - P.O. BOX 428 WYLIE, TEXAS 75098 214-442-2236 DATE: February 17 , 1993 TO: Prudence Kling , Tax Collector Assessor Brady Snellgrove , Finance Director FROM: Anita Collins l'C, RE: Refund of Overpayment of Taxes Please place the attached refund for American National Bank in the amount of $690 .50 on the next agenda . American National Bank paid the 1989 , 1990 , 1991 and 1992 City of Wylie ad valorem taxes as per the attached . Their check for $25 ,674 .70 was in full payment of these years with an overage of $690 .50 . Section 31 . 11 of the State Property Tax Code requires refunds in excess of $500 .00 to be approved by the governing body . . CITY OF WYLIE 3641 Invoice Inv Date Reference Amount Paid 02-11-93 02/11/93 TAX ID #R-6820-000-0400-1 25, 674 . 70 Check Date = 02/11/93 Check Total = 25,674 . 70 THE FACE OF THIS DOCUMENT HASACOLOREDBACKGROUND- NOi :.\\HITEBACKGROUN[) THE BACK OF THIS DOCUMENT CONTAINS AN ARTIFICIAL WATERMARK -HOLD AT AN ANGLE TO VIEW 0 American National Bank P.O. BOX 40 Terrell, TX 75160-0040 CHECK NO. 00003641 MENDER 214/563-2611 PDX DATE: AMOUNT: J �^\ n\ 02/11/93 ***25,674 .70 V V 0 , asti,7 R �2 PAY CITY OF WYLIE To THE P. 0. BOX 4 2 8 OFIOER OF: WYLIE TX 75098 f�Nn'. 7�f_ A / �� AUTHORIZED SIGNATURE N'0000364LIP ': 1Li90i5i91: 2L 0005 511' :TY OF rYL:= DELINQUENT TAX STATEMENT r1 X CJ L.t C TOR REAL ESTATE AND/OR PERSONAL PROPERTY TAX 03/3 0/9 2 • 3. b X 421 YLIE• TX 75093 COLLECTING FOR: NY LIE CITY HONE 442-2236 ACCOUNT NUMBER: R 682000004001 YEAR 1989 RECEIPT NUMBER: 0004903 ORIGINAL LEVY- 4 ! . 3 HWY STATE 78 TAX RATE . 555 TAXABLE VALUE 7379344 320 3LK/SNT LOT/TR 40 ACRES 1. 30 SURVEY SHELBY S a 0 3 0 0 0 737 d 44 C A SEPARATE TAX STATEMENT WILL BE PRINTED FOR EACH DEUNOUENT YEAR cub 303034A181),IUMBER X IF PAID IN PENALTY% PENALTY AMT. COLLECTION COST N APR J9.004 1597.0b 853.d1 Ss545. MAY 40.00 4 163,3.01 d 59.90 61 593. • .JJ:+ 41•00% 1678.96 866.10 6,640. INDEPENDENT JANil-wYLIE N,; JUL. 42.00Z 1719.91 872.24 687 FEDERAL DEPOSIT INSJRA.vC 14651 .4 JALLAS PKwY rC-8 1,3 fir'' ooc.. 5(., gi1S.a¢ rIOIb , `, ADOZSJh TX 752-0 f'�AIZ �� �-36`� aoa",. 5a 9ar.3Y g eee-i-e- ; l l RETURN THIS FORM WITH PAYMENT //�/C�� AMOUNT DUE UNDER RED ARROW INCLUDES DEU/ NOUENT COLLECTION COST • ITV OF wYLIE DELINQUENT TAX STATEMENT %X COL-EC TOR REAL ESTATE AND/OR PERSONAL PROPERTY TAX 0 3/3 0/9 2 . J. -.,:..';X 4z ?LIE, TX 75C73 COLLECTING FOR: NYLIE CITY -ONE 442-22 33 ACCOUNT NUMBER: R 682000004001 YEAR 1990 RECEIPT NUMBER: 00 04 9 3 C ORIGINAL LEVY- 4 f • 2 HWY ;TATL- 7J TAX .1.ATc . 615 TAXAL:LE VALUE. 723 '0U3 620 aLK/3NT LOT/TR 40 ACRES 1. 30 SURVEY SriEL3Y S d 0000 07 2c 033 C A SEPARATE TAX STATEMENT WILL BE PRINTED FOR EACH DELINQUENT YEAR )Et.).. 2 0300O4.OfNUMBER IF PAID IN PENALTY% PENALTY AMT. COLLECTION COST N APR 27.00: 1208.435 852.91 6* 536. MAY 28.00A 1253.62 859.63 69590. • JJN 29.00% 1298.39 866.34 61641. INDEPENDENT BANK-WYLIC NA 'JUL. 30.00% 1343. 17 873.06 e4.6_97ia: FEDERAL DEPOSIT INSURANCE 37 61v54. ao.o7OS DDI S14651 N DALLAS XK7 Y 93 3� 6), 1+ 10 f.3,1 9 0(.. 7% 7/ /0.. J;JOISJN TX 75240 noz - Co003 ca ci l cabb/ /9.3 RETURN THIS FORM WITH PAYMENT a. 1 4 /3/93 AMOUNT DUE UNDER RED ARROW INCLUDES DEUNOUENT COLLECTION COST ITY JF NYLtc DELINQUENT TAX STATEMENT AX CJLL EC TO R REAL ESTATE AND/OR PERSONAL PROPERTY TAX 03/3 0/92 • U U. ataX 42-5 iYLIEE TX 75098 COLLECTING FOR WYLIE CITY HJ.1E 442-223o ACCOUNT NUMBER R 6d2 000004001 YEAR 1991 RECEIPT NUMBER: 0005039 ORIGINAL LEVY- 4 .pc,' HWIY STATE 78 TA1► RATE .615 TAXABLE VALUE 713.771 820 8LK/SHT LOT/TR 40 ACRES 1.30 SURVEY SHELBY S o 00 00 3 7 13 7 71: A SEPARATE TAX STATEMENT WILL BE PRINTED FOR EACH DEUNGUENT YEAR DEt,,,`0 300 3 406jIUMBER IF PAID IN PENALTY% PENALTY AMT. COLLECTION COST F ' .4 APK . 11:: rlA Y .13% 570. 66 .0 4.960. • INDEPENDENT 3ANIC—WYLIE N,. JJ .18Z 790.145 776.97 5,956. FE3ERAL •DEPOSIT INSURANCE __ Sal. I0914 .13,07 G 3 to. 14651 N DALLAS PKWY r<d 1_3 / ADJISJN TX 75240 01A-�g3 QL, 11441. 3a3, $�9• US \e) 14o.c, C/C"coo 03 G 1 - /1/ /q RETURN THIS f ORM va/43/ 9� AMOUNT E UN WITHPAYMENTIFORM BEMES RECEIPT WHEN VAUDATED NCLUDES DEUNOUENT COLLECTION COST TAX STATEMENT/RECEIPT RETURN ALL COPIEESS WITH REMITTANCE FOR PROPER CREDIT 100%RATIO TAXES ARE DUE OCT.1st AND BECOME DELINQUENT FEB 1st 1 . _ STMTJRECEIPT NO.922.(l2221 P ----'` ,....-- _ MKT-PROD.-LAND TAX CEILING OVER 65 MORT.CO. I CITY OF W Y L.I E LAND PRODUCTIVITY R-6820•-000-0400- 1 w Cit.,' of ;zl ii=. HOMESITELAND 320 BLK/SHT LOT/1R 40 ACRES' P.O. BOX 42L �.,.....= 21 ,• :.T., . 1 .30 SURVEY SHELBY S E, Wylie. Texas 75098 on IMPR-OTHER f 699, _,,10 TOTAL-ASSESSED 1 .300 -cres TAXING UNIT EXEMPTIONS(SEE REVERSE SIDE FOR•GODES) TAXABLE TAX RATE ORIGINAL TAX l. . Y OF WYLIE tc F '- 5• • 9sn - .f.y .-'4.�, - -i -r:-- a,..- , ,,ei�> ... ..,4** '°-4-7:—., a ,.•9,e++� 'F1,, '.,A..... 4;:., - ,'•^. - 'e=•a.., u!CY•1^' .;. 7s-[z`:;.. _, z„.'.,r>, r,z--:.?^4.. `'-i= r7.`rA„p,,,. ;1. ?•'.` * 11111111111111111111111111111111111111111111111111111111111111111 11t36349 111403.3,3 iglige�t7 ;` _ { INDEPENDENT BANK-WYLIE !A F E"DE RAL.. DEPOSIT INSURANCE 0`3� E i Mar 09% 387.20 4 6-9.3E 14651 N DALLAS PKWY F',r)r71.1.nH I .x. 75240 ha } _.__ 4. :61.4� ,Ju 7. 535. :8 5. 838.0. Sep :5 . L 634.83 5.9 i7.0'