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09-28-1993 (City Council) Agenda Packet AGENDA WYLIE CITY COUNCIL Wylie Municipal Complex September 28, 1993 7:00 p.m. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE CONSENT AGENDA 1. Consider Approval of the Minutes of September 14, 1993 2. Consider Approval of a Resolution Authorizing the Submission of an Texas Community Development Program Application for Water and Sewer System Improvements to the Texas Department of Housing and Community Affairs Under the Community Development Project Fund and Authorizing the Mayor to Sign All Documents Necessary to Complete and Submit Said Application PUBLIC HEARINGS 3. Hold Public Hearing on Proposed 1993-1994 Annual Operating Budget ACTION ITEMS 4. Discuss and Consider Approval of an Or inanc Adopting 19 - 1994 Annual Operating Budget i 5. Discuss and Consider Approval of an Ordinance Adopting the 1993-1994 Tax Rate Discuss and Consider Obtaining Authority from FCC to Regulate Cable Local Company, and Take Any Necessary Action, Including Authorization to File for Certification with FCC Discuss and Consider Appointment of a Housing Demolition Appeals Board Discuss and Consider Approval of Request from Wylie Athletic Association to Engage in an All-Night Softball Tournament • ' Discuss and Consider Approval of Water Service Only to Residents Outside the City Limits of Wylie STAFF REPORTS CITIZEN PARTICIPATION ADJOURN TO WORKSESSION a. Discussions on Development Issues with J.D. Russell b. Discuss and Consider Disabled Tax Exemption c. Discuss and Consider Ordinance on Non-Payment of Taxes ADJOURNMENT Poste is 24th day of September, 1993 at 5:00 p.m. MINUTES OF THE WYLIE CITY COUNCIL September 14, 1993 CALL TO ORDER Mayor John Akin called the meeting to order with the following Councilmembers present: Jim Swartz, , John Mondy, Ortie Messenger, Steve Wright and Bud Naish. Reta Allen was absent. 5 MINUTES OF AUGUST 12, AUGUST 19, AND AUGUST 24, 1993 Messenger made a motion to approve the minutes. Naish seconded the motion. The motion was voted on and passed unanimously. 10 ORDINANCE NO. 93-41 ADOPTING A REVISED FRANCHISE AGREEMENT WITH BROWNING FERRIS, INC. FOR REFUSE COLLECTION City Manager Steve Norwood explained that the amendment provided for twice 15 per week as opposed to once per week garbage pickup effective September 1 instead of October 1, 1993. Swartz made a motion to approve the ordinance. Naish seconded the motion. Mayor Akin read the ordinance caption. The motion was voted on and passed unanimously. 20 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE EXISTING FRANCHISE FOR REFUSE COLLECTION, REMOVAL AND DISPOSAL WITHIN THE CITY OF WYLIE GRANTED TO BROWNING-FERRIS INCORPORATED, BY ORDINANCE 93-39; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE - 25 ORDINANCE NO. 93-42 ADOPTING RATES FOR REFUSE COLLECTION Norwood explained that the rate change to $10,80 per month for residential customers was a result of the increase in number of collections per week. Naish 30 made a motion to approve the ordinance. Mondy seconded the motion. The motion was voted on and passed unanimously. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING FEES FOR THE RESIDENTIAL AND NON-RESIDENTIAL COLLECTION OF GARBAGE, TRASH, BRUSH 35 AND RECYCLABLE MATERIALS; AMENDING SECTION 9 OF APPENDIX A TO THE MVYUE CITY CODE; AMENDING PORTIONS OF ORDINANCE 92-4 AND FURTHER REPEALNG ALL CONFLICTING ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE 40 ORDINANCE NO. 93-38 ADOPTING LANDSCAPE PROVISIONS FOR NON- RESIDENTIAL DEVELOPMENTS Norwood explaianed that the Planning and Zoning Commission had recommended approval of the ordinance which establishes minimum landscape 45 requirements and maintenance of landscaping in non-residential developments. He stated that the ordinance provided basic minimum requirements and could be reviewed by the Commission in another year to determine if changes are needed. Council discussed the approved and prohibited tree list. Swartz made a motion to approve the ordinance to be reviewed by the Commission in one year. Wright 50 seconded the motion. The Mayor read the ordinance caption. The motion was voted on and passed unanimously. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING SCREENING AND LANDSCAPING STANDARDS FOR THE CITY, REPEALING ALL CONFLICTING 55 ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE MASTER PARKS PLAN FOR VALENTINE PARK 60 Norwood stated that Valentine Park was proposed as a neighborhood park acting as a key part of the park system but not as an athletic park. He explained that the ultimate development of the park was proposed for completion in phases and the Park Board was submitting a Master Park Plan for Council approval. Naish made a motion to approve the Master Plan. Mondy seconded the motion. The motion was 65 voted on and passed unanimously. RESOLUTION NO. 93-17 AUTHROIZING A GRANT APPLICATION FOR EMERGENCY WARNING SIREN SYSTEMS 70 Norwood explained the grant being proposed would fund additional emergency sirens and recommended approval of the resolution. Wright made a motion to approve the resolution. Messenger seconded the motion. Mayor Akin read the resolution caption. The motion was voted on and passed unanimously. - 75 STAFF REPORTS Brady Snellgrove discussed the most recent financial report and answered questions of Council regarding water loss over the dry summer months. Norwood noted that with the conversion of the utility system, some cycles were longer than 80 ususal and the City would be allowing partial payments for the next two months. CITIZEN PARTICIPATION Purvis Griffis, 306 Stone Road, stated that they had applied for a permit to 85 build a carport so the garage could later be enclosed. He stated that the previoius building inspector had assured him that the garage enclosure was permitted but the current building inspector denied the request for a building permit to enclose the garage. 2 AGREEMENT WITH SOUTHFORK MOBILE HOME PARK 90 City Attorney Steve Defter explained the changes in the pre agreement including the deadline where the city would take over and a statement that no other unpaid back billing water or sewer debts existed to the city. Regarding consumptions, Snellgrove explained that while the city's records indicated overall 95 consumption, they do not indicate internal consumption since the subdivision went on a master meter. Naish made a motion to approve the agreement. Mondy seconded the motion. The motion was voted on and passed unanimously. WORKSESSION REGARDING 1993-1994 PROPOSED ANNUAL OPERATING 100 BUDGET Council adjourned into a worksession to finalize the 1993-1994 budget prepartion. No official action was taken. - 105 ADJOURNMENT As there was no further business before the Council for consideration, the meeting adjourned. 110 APPROVED 115 ATTEST 3 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: CITY MANAGER DIRECTOR: STEVE NORWOOD DATE r REFERENCE NO. SUBJECT 9/28/93 RESOLUTION TO AUTHORIZE APPLICATION OF GRANT FOR 1 WATER AND SEWER SYSTEM IMPROVEMENTS UNDER THE COMMUNITY DEVELOPMENT PROJECT FUND SUMMARY OF SUBJECT: • Apply for grant for water and sewer system improvements to the Texas Department of Housing and Community Affairs under the Community Development Project Fund. ALTERNATIVES: 1.) Approve the Resolution of authorization for application. 2.) Table the Resolution. 3.) Deny request for authorization of application. ACTION REQUESTED: 1.) Approve the Resolution of authorization for application. REVENUE SOURCES: EXPENDITURE ACCOUNTS: wl BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: _ $ PERSONNEL ❑ OVERIUNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. X ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP. PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARICSIREC. CITY SECT T Y DIRECTOR OF FINANCE DR OF - LAY OIMEICIVIR POLICE CHEF FIRE CHEF y ° ! - • sTO crry COUNCIL ipiwp CITY MANAGER RESOLUTION NO. A RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPUCATION FOR GRANT ASSISTANCE UNDER THE COMMUNITY DEVELOPMENT FUND OF THE STATE OF TEXAS COMMUNITY DEVELOPMENT PROGRAM(TCDP)AND DESIGNATING THE MAYOR TO ACT AS THE CITY'S REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE TEXAS COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, the city desires to develop a viable community, including decent housing, a suitable living environment, and/or expanding economic opportunities, principally for persons of low to moderate income; and WHEREAS, certain conditions exist in the city which represent a threat to the public health; and WHEREAS, fund are available through the Texas Community Development Program (TCDP) to alleviate such conditions and to meet community development objectives. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wylie, Texas that: SECTION 1. That a Texas Community Development Program (TCDP) grant application is hereby authorized to be filed with the Texas Department of Housing and Community Affairs (TDHCA) in the amount of$ under the Community Development Fund for the following described project: Neighborhood redevelopment improvements in central and south central areas of the city. SECTION 2. That the City of Wylie commits a total of$ in local funds to support this project. It is further understood that the City of Wylie is committed to completion of the project outlined in this application, even if such completion requires expending more local funds than those so committed herein. SECTION 3. That the City Manager is hereby authorized to act as the city's representative in all matters in connection with the application and the city's participation in the Texas Community Development Program and to execute documents in conjunction with the application. DULY PASSED AND APPROVED this the 28th day of September, 1993, by the City Council of the City of Wylie, Texas. APPROVED: John W. Akin, Mayor ATTEST: Mary Nichols, City Secretary City of Wylie AGENDA COMMUNICATION FINANCE DEPARTMENT BRADY SNELLGROVE SUBMITTED BY: DIRECTOR: DATE REFERENCE NO. SUBJECT 09/20/93 Proposed Budget Ordinance For Fiscal Year 1993/94 SUMMARY OF SUBJECT: An ordnance of the City of Wylie, adopting a budget and appropriating resources for Rscal Year 1994, Beginning October 1, 1993 and ending September 30, 1994;repeating all conflicting ordinances; containing a severabiility clause;and providing for an effective date. ALTERNATIVES: No alternatives are recommended. • ACTION REQUESTED: .d Adopt**Fiarat Year MON Budget as sabsallariby ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, ADOPTING A BUDGET AND APPROPRIATING RESOURCES FOR FISCAL YEAR 1994, BEGINNING OCTOBER 1, 1993 AND ENDING SEPTEMBER 30, 1994; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Manager and staff have prepared and filed with the City Secretary a proposed Budget for operation of the City during for Fiscal Year 1994; and, WHEREAS, the proposed budget appears to be in a form and substance which fully complies with all applicable provisions of the City Charter and State law; and, WHEREAS, the proposed budget has been available for public inspection and review; and, WHEREAS, the City Council has this date conducted a public hearing to receive input from the citizens of the City concerning the content of the budget; and, WHEREAS, the Council having considered the proposed budget at length, and having provided input into its preparation, has determined that the proposed budget, and the revenues and expenditures therein contained, is in the best interest of the City and therefore desires to adopt the same by formal action; NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That the proposed budget of the revenue of the City and the expenses of conducting the affairs thereof, as summarized in the attached Exhibit A and fully incorporated herein by reference, be, and the same hereby is, completely adopted and approved as the Budget for the City for Fiscal Year 1994. SECTION II That the sum of SIX MILLION EIGHT HUNDRED SEVENTY THOUSAND ONE HUNDRED FIFTY DOLLARS ($6,870,150) is hereby appropriated out to the General, Community Park, Debt Service,Landfill Closure,Service Center,Utility,and Fleet Replacement Funds for payment of Operation Expenses and Capital Outlay of the operation and administration of the City according to the various purposes and intents therein described. SECTION III That specific authority is hereby given to the City Manager to transfer appropriations budgeted from an account classification or activity to another within any individual department or activity; and to transfer appropriations form designated appropriations to any individual department or activity as provided in the City Charter. SECTION IV Should any paragraph, sentence, sub-divisions, 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 pursuant to law and the City Charter. SECTION VI That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 28th day of September, 1993. By John W. Akin Mayor ATTEST: Mary Nichols City Secretary Approved: Steven P. Defter City Attorney i ) t I 1 1 t t 1 i 1 , CRY OF WYUE SUMMARY OF REVENUER,EXPENDITURES AND CHANGES IN FUND BALANCE ALL OPERATING AND CAPITAL FUNDS • FISCAL YEAR 19113194 BUDGET CART MAY FUNDS GENERA. COMMUNITY ECONOMIC DEBT SERVICE , .1 1 ;I ' R.EET TOTAL FUND PARK DEVELOPMENT FUND • • 11 . .4I A' ' REPLACEMENT ALL FUNDS Ba:M69N BALANCES 1386,500 $10,450 $325,000 $136,230 554, • $3 rX. ,1 190 $58,190 $1,796,500 ' ,';is 11EII110l1 r: A01/ OIIITMN 1,653,040 0 0 418,870 0 ',: 0 0 2,069,910 Nites*p9t*Tnae 440,850 0 198,000 0 0 " 1`4 ` 0 0 638,860 e 440,000 0 0 0 0 .�,-tt 0 0 446,000 LI 11 LO PST 1100 88,500 0 0 0 0 ��, 0 60,500 56,360 0 0 0 0 0}, '},',,lb0 0 55,360 sow**PI N 427,500 16,000 0 0 9 4,{1,,0,,,+.r 1 1.'' 0 2,105,000 Owl PRO • 154,000 0 0 0 0 1 1 t1 , '' 0 154,000 n.ou.Insom. 51,040 0 15,000 5,000 1,9p }a 0,000 120,540 3,288,2110 16,000 213,000 421,870 1,500 Al* , ,i • 6,000 6,3588,160 Trail Other Funds 250,000 0 0 0 0 ,a3 t4+".' 0 75,410 326,410 Toit4igifili,iiiunasounces0 3,932,790 26,450 539,000 558,100 56,400 31 F44' '1 0! A. 140,000 9,481,070 14, 11101119$1081Vernonent 1,533,350 0 0 0 0 ° ` ' " ' 111,E 1,540,350 Pali 906,150 0 0 0 0 ..! ., ,t , ",,,000 1,011,150 WiAh 166,900 0 0 0 0 1r}1� 'tool 1 ' 0 155,900 N 586,050 0 0 0 0 � "" I ;•, .00 504,050 01118 /611Ib.s 274,700 14,650 0 0 0 `'17, LT'r' - 0 299,350 (Mmli. 0 0 0 0 0 ,1 74 �.' 1, it, 'I.;' 0 1,504,280 O.N9NRrM. 0 0 0 439,550 0 114� 1 0 1,0711,030 E..11M1N Development 0 0 29,100 0 0 4 ^if`' 0 0 29,100 C.plIat Outlay 0 0 0 0 56,490 ii4 1 0,. . 0 575,450 115111111111.111102. 29,500 0 0 0 0 0 36,000 TOTAL 1110411111MMOB 3,555,740 14,650 29,100 439,550 50,490 1 ' It . 6,610,150 Transfer.N 0tl1N Funds 0 0 0 0 0 I° _.A4 . 0 260,000 EMNIA P11110 SAWICE $377,050 $11,800 1508,900 $118,550 $0 a, . ' $1R,90o $1,010,920 Total Revenues * Net Decrease(Increase)In Fund Balance ? 1{ Total Appropriable Funds , ;`� *'"1i ' ,_ ,it { 1i.1' $000.100 t t' ,i. =' Vt ,t�,,;.ley 1 1.1 4� ,,i.114 i; ;n'•,*'r $,1 ii,• , I. P: r:a 1,, *41 tf, t) ,,' „� ' tiyt11. CITY OF Y/YUE SUMMARY OF REVEN1E6,EICPEND1TURE8 AND CHANGES IN FUND BALANCE ALL OPERATING AND CAPITAL FUNDS FISCAL YEAR 1806194 BUDGET CAPITAL PROJECT FUNDS PRQ019►Afd 1 GIVER& COMMUNITY ECONOMIC DEBT SERVICE LANDFILL SERVICE UTLffY TOTAL FUND PARK DEVELOPMENT FUND CLOSURE CENTER FUND IM9ApIIIINff ALL FUNDS BEGMIBIB BALANCES $31111,500 $10,450 1325,000 $136,230 154,690 $311,000 1811,180 01B,180 01,716,800 REVENUES[ Ad Veltman Tease 1,663,040 0 0 416,870 0 0 0 0 2,080,910 Non"Propely Tones 440,850 0 198,000 0 0 0 0 0 MUM FnnlMae Fees 446,000 0 0 0 0 0 0 0 440110 Limnos and PermM 86,500 0 0 0 0 0 0 0 e,N10 IMa r.erne dN 16,080 0 0 0 0 0 0 0 Swim Fees 427,600 16,000 0 0 0 0 2,501,1100 I Cowl Fen 154,000 0 0 0 0 0 0 0 ' `' literal&Mbem6erroue Income 51,040 0 15,000 5,000 1,500 66,000 1 Ns I$ 1 t :. TOTALMEIUO r 1,296,280 16,000 213,000 421,970 1,500 000 t�, Trans*,From Other Funds 250,000 0 0 0 0 0 0 70,010 211,410 TOTAL AVALABLERESOURCES 3,N2,7N 26,450 630,000 668,100 66,490 316,900 2,911,1160 140,600 8,411,070 DO+EIOITUREB: t General Government 1,533,350 0 0 0 0 0 0 16,000 1,046,880 PI Io wry 9N,160 0 0 0 0 0 0 18,110 1,011,110 Urban Development 166,880 0 0 0 0 0 0 8 111010 Streets 646,080 0 0 0 0 0 0 78,118 101,900 Community Services 274,700 14,650 0 0 0 0 a 0 0 UtSlbs 0 0 0 0 0 0 1,604,110 0 I.0000 Debt Samba 0 0 0 439,550 0 0 1311,280 0 1, Economia Development 0 0 29,100 0 0 0 0 0 WIG CmplslOulby 0 0 0 0 66,490 316,980 0 0 110,410 Reserve 29,500 0 0 0 0 0 8, 0 TOTAL DPEIDITURES 3,866,740 14,660 29,100 439,550 66490 316,/80 2,1 1L All MN Transfers to Other Funds 0 0 0 0 0 0 260,000 0 0O,9A0 ENDING FUND BALANCE 1377,060 611,800 1508,900 $118,550 $0 $0 $12,110 NUN PAWN, Total Revenues t0 8N,670 NM Decrease(Increase)In Fund Balance HIS,N0 Total Appropriable Funds K�� City of Wylie AGENDA COMMUNICATION Finance Director Brady Snellgrove SUBMITTED BY: DIRECTOR: DATE REFERENCE NO. SUBJECT 9/14/93 �(' Proposed Tax Rate Ordinance for 1993,Fiscal Year 1993/94 SUMMARY OF SUBJECT: An ordinance fixing the tax rate/levy for 1993 and for the Fiscal Year 1993/94 Budget. The Tax Rate proposed is for Sixty-three and one-half cents(0.635)per$100 of assessed value. ALTERNATIVES: No alternatives are recommended. ACTION REQUESTED: The staff is requesting that the City Council adopt the proposed 1993 Tax Rate and Levy Ordinance as submitted. REVENUE SOURCES: EXPENDITURE ACCOUNTS: $1,944,910 from Ad Valorem Taxes BUDGETED FISCAL YEAR(s): FY 199;/a4 ESTIMATED EXPENDITURE: _$ ni/s PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS Cl ONE-TIME ❑ • s N/A CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. _ ORDINANCE/RESOLUTION Y OTHER BUDGET WYUE 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 PLNNMINEIENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. , FIRE CHEF •• MOR OF PUBLIC BUILDING OFFICIAL • APPROVED FOR SUBMISSION TO CRY COUNCIL • • CITY MANAGER ORDINANCE NO. AN ORDINANCE FIXING THE TAX RATE AND LEVY IN AND FOR THE CITY OF WYLIE, TEXAS UPON ALL TAXABLE PROPERTY IN SAID CITY OF WYLIE, TEXAS, FOR THE PURPOSE OF PAYING THE CURRENT EXPENSES OF SAID CITY OF THE FISCAL YEAR ENDING SEPTEMBER 30, 1994, AND FOR THE FURTHER PURPOSE OF CREATING A SINKING FUND TO RETIRE THE PRINCIPAL AND INTEREST OF THE BONDED INDEBTEDNESS OF SAID CITY; PROVIDING FOR A LIEN ON ALL REAL AND PERSONAL PROPERTY TO SECURE PAYMENT OF TAXES DUE THEREON;CONTAINING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES AND PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council has this date, by way of Ordinance duly passed, adopted a Budget for operation of the City for fiscal year 1994; and, WHEREAS, the aforesaid Ordinance anticipates and requires the levy of an ad valorem tax on tangible taxable property in the City of Wylie; and, WHEREAS, it is necessary to levy such an ad valorem tax at a given rate to generate revenues sufficient to meet projected expenses; and, WHEREAS, the City has fully and timely complied with all notice and other requirements relative to the adoption of a tax rate for fiscal year 1994; and, WHEREAS, notice of the proposed tax rate, as well as the effective tax rate has been published as required by law and the City has received no formal protest thereof; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE WYLIE, TEXAS, as follows: SECTION I There is hereby levied for the fiscal year 1994 upon all real property situated within the corporate limits of said City of Wylie, Texas, and upon all personal property which was owned within the corporate limits of said City of Wylie,Texas,on the first day of January,A.D., 1993, except so much thereof as may be exempt by the Constitution of laws of the State of Texas, a total tax of Sixty-three and one-half cents(0.6350), on each One Hundred(S100.00) Dollars of assessed valuation on all of said property which said total tax herein so levied shall consist and be comprised of the following components: 1 a) An ad valorem tax of and at the rate of Fifty and seven hundred thirteen thousandths cents (0.50713) on each One Hundred Dollars ($100.00) of assessed valuation of said taxable property is hereby levied for the general city purposes and to pay the current operating expenses of said City of Wylie, Texas, for the fiscal year ending September, 30, 1994, which tax, when collected shall be appropriated to and for the credit of the General Fund of said City of Wylie, Texas. b) An ad valorem tax of and at the rate of Twelve and Seven Hundred Eighty-Seven thousandth cents(0.12787)on each One Hundred($100.00)of assessed valuation of said taxable property is hereby levied for the purpose of creating an Interest and Sinking Fund with which to pay the interest and retire the principal of the valid bonded indebtedness, capital lease payment, and related fees of the City of Wylie, now outstanding and such tax when collected shall be appropriated and deposited in and to the credit of the Interest and Sinking Fund of the said City of Wylie, Texas for the fiscal year ending September 30, 1994. SECTION III The City of Wylie shall have a lien on all taxable property located in the City of Wylie to secure the payment of taxes,penalty interest, and all costs of collection, assessed, and levied hereby. SECTION IV Taxes are payable in Wylie, Texas at the Office of the Tax-Assessor Collector, Finance Department, Municipal Complex. The City shall have available all the rights and remedies provided by law for the enforcement of the collection of taxes levied under this ordinance. SECTION V That the tax roll presented to the City Council, together with any supplements thereto, be and same are hereby accepted and approved. SECTION VI Should any paragraph, sentence, sub-division,cln»c,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. 2 SECTION VII 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 VIE That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION IX 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 28th day of September, 1993. By John W. Akin Mayor ATTEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney 3 City of Wylie AGENDA COMMUNICATION Legal Steven P. Deiter SUBMITTED BY: DIRECTOR: DATE REFERENCE NO. SUBJECT g 22-93 Authonzation For City to Regulate Cable Rates SUMMARY OF SUBJECT: Under the 1992 Cable Act Cities can receive authority from the FCC to undertake regulation of local cable companies. At this time the City does not have such authority. wining such authority is may be necessary to prevent rate increases when the current rate freeze expires on November 15, 1993. If the City does not take action to get certified and undertake regulation at this time it will not likely be able to do so in the future. To initiate the process it is necessary for Council to approve submission of an application for certification and — pass an ordinance amending the current franchise ordinance. - ALTERNATIVES: (1) Approve the Ordinance amending the cable franchise agreement and authorize submission of application for certification to FCC. (2) Authorize submission of application for certification to FCC, and table passage of ordinance pending receipt of such certification. (3) Take no action and allow TCI to continue to set rates without restriction from City. - ACTION REQUESTED: Staff will lie recommending one of the first two.iilternathes. Hever, I do not have meet information available-at this tinielicdetennine w /t et apQrt priate for the City, bat will have such information along with a recommendation available by ''I of the Council meeting. . „ e REVENUE SOURCES: EXPENDITURE ACCOUNTS: .- BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: _ s - PERSONNEL ❑ 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.LP. K ORDINANCE/RESOLUTION OTHER BUDGET WYUE CODE OTHER MAP. PLAN,SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWEDBY: ___ __ __________ CITY MANAGER DIRECTOR OF •.. - CM _ �r g <, .'f ' } .,sue , m • z: WPM Vt: TO CITY©O . t. __ _ _ N CITY MANAGER MEMORANDUM TO:City Council . FROM: Steve Deiter SUBJECT: Local Regulation of Cable Com,anies DATE: September 24, 1993 As the Council is well aware the City's present Cable franchise gives the City NO authority or control whatsoever over the rates which TCI charges its customers in the City. However recent federal legislation, the 1992 Cable Act, gives cities the right to regulate the rates for basic service(not expanded basic or premium channels)provided by the local cable company. This right may be obtained by the City in spite of the fact that an existing franchise agreement provides otherwise, as is the case with the City. In order to gain the right to regulate the City must pass apply for and receive certification from the FCC. The application is made by filing Form 328, see attached copy. Once the form is filed it is considered approved after the passage of 30 days unless the City hears otherwise from the FCC (which is not likely). If the City does not get authority to regulate the rates for basic service will be unregulated as the FCC will not assume any jurisdiction. Consequently, the City probably should get certification unless it is persuaded that the cable company will keep its rates reasonable even when not forced to do so. There is currently a price freeze on basic rates, but the freeze expires on November 15, 1993. If the City hasn't been certified by November 15, the company will be free to make an unregulated increase in its basic rates. The Council can from it own opinion as to what our company would do if it could increase rates without restriction. In addition to the certification the City must pass an ordinance amending the franchise agreement which provides procedures for local regulation of the rates. I have attached such an ordinance for your review. However, I am not recommending passage of the Ordinance until the October Council meeting. The delay will allow me to collect sample regulations from other Cities to use in further defining our own regulations. The only time restriction in passage of the ordinance is that the regulations must be in place within 120 days after becoming certified. I would suggest that the regulations (via adoption of an ordinance) be put into place as soon as possible following certification (or even slightly before). The possible down side to undertaking the regulation is there will be some administration 1 involved such as auditing rates, expenses, capital costs, etc.. This is especially true of the initial go round which will result from the City filing for certification. Once the City is certified the cable company will have to file a report justifying their rates, in accordance with FCC justification guidelines. Accuracy in this initial report is critical since it will set a base line for charges and changes in future years. Since the cable company has a vested interest in the matter and they are somewhat expert at filing out the form they will likely take every opportunity to use the numbers most beneficial to them. The City staff probably could not catch all of the grey areas or fluff which the company would put in. Therefore the Council may want to consider using someone with expertise in the area to audit the.justification report (Form 393). A representative of First Southwest Company (this is the same company who has acted as the City's financial advisor in bond matters) has contacted me with the request that they be allowed to provide the required review for an estimated fee of$2,000 to 3,000. This seems a little high for a small system such as Wylie's. If council wants to give further consideration to hiring an outside "reviewer" the staff can obtain other prices and bring something back to Council. It would not be necessary for the Council to make a decision on hiring someone until sometime after the receipt of certification. I have also attached a copy of my prior memo to the City Manger (which you should have received a copy of) for further background on the subject. I am no longer recommending the engagement of outside counsel to act on the City's behalf in this matter (as is stated in the last paragraph of the Memo) as I attended a TML seminar in Dallas yesterday and now have the information to competently handle the matter myself. Should any of you have any questions on this matter please do not hesitate to contact me at your convenience. cc: Steve Norwood 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 91-4 THE CABLE TELEVISION FRANCHISE AGREEMENT WITH COMMUNICATIONS SERVICES, INC. d/b/a/ TCI CABLEVISION OF TEXAS, INC. TO PROVIDE FOR LOCAL REGULATION OF CABLE SERVICES AND RATES; REPEALING ALL CONFLICTING ORDINANCES OR PORTIONS THEREOF; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, The City entered into a cable franchise agreement (Agreement) with Communications Services, Inc. d/b/a TCI Cablevision of Texas, Inc. (TCI) on the 12th day of February, 1993, by virtue of Ordinance 91-4 (Ordinance) which was duly adopted and passed on said date, which said ordinance and franchise agreement remain in full force and effect; and, WHEREAS, the City has no authority under the agreement to regulate the rates and service of TCI; and, WHEREAS, recent Federal legislation entitled The 1992 Cable Act(Act)contains provisions whereby Cities may gain regulatory authority over cable companies in their jurisdiction; and, WHEREAS, the City Council has determined, in its legislative capacity, that it would be in the best interests of the citizens of Wylie for the City have and undertake regulatory authority over TCI and the Agreement; and, WHEREAS, the Council desires to adopt rules and regulations to come into compliance with that portion of the Act dealing with the local regulation of cable companies; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That Ordinance 91-4, containing and being the Cable Television Franchise Agreement between the City and TO be, and it hereby is amended, as follows: 1. That Section 1.1 Terms is amended by addition of the following term and meaning: "1992 Act" means the 1992 Cable Television Act as amended." 2. That Section 4.2 Rates and Charges is deleted in its entirety and the following substituted therefore: "4.2 Rates and Charges. A. The City may adopt rules consistent with the 1992 Act. B. Basic Cable Rate Review Rules and Regulations 1) Initial Basic Rate Review a) City will review rate documentation submitted by Grantee within 30 days of the date of submission. b)Rate regulation and orders in connection therewith will be in accordance with FCC's Rules and Regulations. 2) Basic Rate Increase Requests a) Cable customers and City must be notified in writing at least 30 days before any change in the Basic Rate or equipment charges for servicing Basic Rate customers. b)The City's notification shall include documentation consistent with FCC rules and regulations. c) Rate review procedures and analysis will follow the review procedure of Article III, Section 5a(1) and (2) of the 1992 Act. 3) Public Notice a) Public notice regarding rate change public hearings and orders will be consistent with Article I, Section 18 of the 1992 Act. b) Within 30 days of the filing of a rate change notification, the City shall hold a public hearing to consider the proposed rate change, at which hearing all persons desiring to be heard, including the Grantee, shall be heard on any matter, including but not limited to, the performance of this franchise, the Grantee's services, and the proposed new rates. c) City will also accept written and verbal comments from the public and interested parties regarding the Grantee's proposed new rates during the City's rate review process. These comments will be compiled and submitted to the City Council prior to adoption of rate orders. 4) Confidentiality of Information Any documentation submitted by the Company is subject to the Freedom of Information Act. Prior to the City releasing any documentation submitted by the Grantee, the Grantee has 5 days to appeal release of the information to the FCC. SECTION II 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 III 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 IV That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION V 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 28th day of September, 1993. By John W. Akin Mayor ATTEST: Mary Nichols City Secretary Approved: Steven P. Ueiter City Attorney 3060.0110 Fehrai C.wnwic»»"»Cwv,u .n Ewes 05/31f% Washington.D.C. :oss• FCC 328 For FCC Use Only CERTIFICATION OF FRANCHISING AUTHORITY TO REGULATE BASIC CABLE SERVICE RATES AND INITIAL FINDING OF LACK OF EFFECTIVE COMPETITION 1 Name of Franchising Authority 3. WIll your franchising authority adopt Ei Yes f No CITY OF WYT.TF., TEXAS (within 120 days of certification) and Mailing Address BOX 428 administer regulations with respect to basic cable service that are consistent Oty State ZIP Code with the regulations adopted by the FCC WYLIE TX 75098 - pursuant to 47 US.C.Section 543(b)? Telephone No.(include area code) 214/442-8100 4. With respect to the franchising authority's regulations referred Person to contact with respect to this form: to in Question 3, El Yes No STEVEN P. DEITER CTTY ATTORNEY a. Does your franchising authority have the legal authority to adopt them? Yes No 2.a. Name(s)and address(es)of cable system(s)and associated FCC community b. Does your franchising authority have � unit identifiers within your jurisdlction. (Attach additional sheets if necessary.) the personnel to administer them? Cable System's Name TCI CABLEVISTON^OF TEXAS INC S. Do the procedural laws and regulations ®Yes DNo Mailing Address applicable to rate regulation proceedenp BOX 64 by your franchising authority provide a City State ZIP Code reasonable opportunity for consideration ALLEN TX 75002 of the views of interested parties? Cable System's FCC Community Unit Identifier: [Yes No TX 0640 6. The Commission presumes that the cable systems)listed in 21.is(are)not subject to effective competition. Based on the Cable System's Name N/A definition below, do you have reason to believe that this presumption is correct? Mailing Address (Effective competition means that(a) fewer than 30 percent of the City State ZIP Code households in the franchise area subscribe to the cable service of a cable system; (b) the franchise area is (I) served by at least two unaffiliated multichannel video programming distributors each of Cable System's FCC Community Unit Identifier: programming to at least SO percent which offers comparable video progr g of the households in the franchise area; and (ii) the number of households subscribing to programming services offered by 2. b. Name (s) of system(s) and associated community unit identifiers) you nwltichannel video programming distributors other than the largest daim are subject to regulation and with respect to which you are(ding this multichannel video p g distrbiutor emcees 1S percent of certification. (Attach additional sheets if necessary) the households in the franchise area; or(c) a i nuitidiamiel video Name of System Community Unit progrnniTMng distributor operated by the franchising authority for N/A Identifier that franchise area offers video programming to at least SO percent of the households in that franchise area.) Unit �uf e Name of System CeemmellyN/A Tide JOHN W. AKIN MAYOR 2.c. Have you served a copy of this form ea al wen am Q� Daft 9-28-93 listed in 21.1 WIUFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR NIPIISONMENT(U.S.CODE TITLE 1B,SECTION 1001). Ram the eslisTied emiest alp/et this certification form(as L 1s Jiolsstit ___ eel any attachments,to: fleirat s its ekalt. h�a Cemieinien ARM Cale rialadai ig Authority Certification P.O.Iest 111539 Washington,D.C. 20036 FCC 22e august 1993 MEMORANDUM TO: Steve Norwood FROM: Steve Deiter �► SUBJECT: Local Regulation of Cable Companies DATE: O D September 2, 1993 I have attached hereto an article appearing in the August local regulation 31, 1993 edition of 'TML Legislative Update" concerning of cable companies under the new FCC regulations. I believe the article and the action therein discussed may very well be of some merit to the City as it may be an opportunity to gain some control over ICI under the City's current franchise agreement. The existing agreement has no provision whatsoever to allow the City to approve, or give it the right to disallow, any rate increases. I recall the Council's expressing concern over this particular portion of the franchise agreement, as well as many other parts. If the City were to receive FCC authority to regulate rates it would then have the power to regulate rates for basic, tier and equipment, notwithstanding the fact that the franchise agreement fails to provide such authority. The question which the Council would need to weigh and determine is whether gaining such authority is justified by the overall burden. The initial burden being the attorney fees and other incidental expenses of less than $1,000. There would also be ongoing administrative expenses (although I am not sure to what extent) to undertake the regulation. actually authori On the assumption that the Council may very well want to go forward with obtainio ty I , directed a copy of this memo and the article to them. I suggest that8 the either you or me to give direction as to whether the matter should be pursued. they acr suggest that if the matter is to be pursued the required ordinance be I the September further 28, 1993 Council meeting. adopted at Due to the technical aspects of the FCC rules and the pursue such an I would strongly mead experience required recommended attorney's at the agreed rate of$430. I will mats use ' directed to do so by the Council or yourself. as and when cc: City Council _� 1 NEW DATE CABLE RAE EFFECTIVE GULATI.,N As we reported in the June 30, 1993 edition of the TML Legislative U •ate, legislation passed by Congress in 1992 authorizes cities to regulate rates for the • . y c service tier provided by cable television operators. The Federal Communication Commission (F has taken regulatory action to implement this legislation. On April 1, 1993, the FCC adopted an order freezing cable rates until August 3, 1993. On May 21, 1993, the FCC adopted rules establishing procedures that cities must follow when regulating cable rates. These rules were scheduled to become effective on June 21, 1993. On June 11, 1993, the FCC deferred the effective date of its rules from June 21, 1993,until October 1, 1993. Further, the FCC extended the interim rate freeze on cable rates from August 3, 1993,until November 15, 1993. Now.the FCC has moved the effective date of the rules up from October 1 to September 1. 1993. The rate freeze still expires on November 1 Under the FCC rules, the rates for the basic service tier, equipment, and installation may be regulated by cities. When it receives a co.1.faint, the FCC will review rates for service tiers above the basic tier. If the city does not action to regulate the cable operator,the rates for the basic service tier will not be regulated. If a city regulates the cable operator, the city may review the initial rates, which could lead to a roll back of the existing rates. Any future rate increases must be reviewed and approved by the city. A city will also regulate the rates for equipment and installation necessary for the basic service tier. Additionally, a city can file a complaint with the FCC to obtain review of the rates for the higher service tiers, which could result in a roll back for those rates as well. To exercise authority over rates, a city must: (1) obtain certification from the FCC, (2) enact rules conforming to the FCC regulations, and (3) notify the cable operator that the city is certified and that its rules have been adopted. If a city does not complete all of these steps before the end of the rate freeze (November 15, 1993), a cable operator can raise rates for the basic service tier without review or approval. This could result in permanently higher rates. The FCC has now begun to accept filings for certification. Since FCC rules allow 30 days for review of a request for certification, a city that plans to obtain regulatory authority before the rate freeze ends should file its rawest with the FCC by October 12. 1993, at tk la . Although TML cannot take on the project of filing requests for all member cities, we have made arrangements with the law firm of Lloyd, Gosselink, Fowler, Blevins & Mathews for legal services to be available for TML member cities, if requested, on a flat fee basis. The Lloyd-Gosselink firm has agreed that it will assist TML member cities in obtaining regulatory authority under the FCC rules, if requested, by providing the following services fora flat fee of S450 per city: • Providing the necessary FCC forms for certification, • Drafting a memo summarizing the r authority that the city can exercise under the Cable Act of 1992 a�CC rules, • a model ordinance conforming to FCC rules and complying with Texas Meetings Act and other relevant statues, and • Providing direct consultation of up to one hour of an attorney's time on LL matters related to regulation of cable service. If you are interested in obtaining legal assistance in achieving certification by the FCC and enacting the rules necessary to regulate cable rates, you may contact Lambeth Townsend, Georgia Crump, or Jim Mathews of the Lloyd-Gosselink firm at (512) 322-5800. City of Wylie yu, AGEN A C MMUNICATION , r " SUBMITTED BY: Community Development pi- 2usgy Russell Wyman DATE REFERENCE NO. SUBJECT 9/21/93 -•-� Board of Appeals SUMMARY OF SUBJECT: 1. Consider the creation of a Board of Appeals as provided in Section 205 of the Uniform Code for the Abatement of Dangerous Buildings. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretations of this code. ALTERNATIVES: 1. Consider utilizing existing members of the Planning and Zoning Commission to serve in this capacity. 2. Appoint a separate Board. 3. Take no action. • ACTION REQUESTED: • 1. Approval of Planning and Zoning Commission assuming this role. P & Z Members are aware of this situation and have agreed to assume the duties of the Board of Appeals. /% REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A N/A "- BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: 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 OTHER BUDGET WYLIE CODE OTHER BID TAB/SPECS X OTHER MAP, PLAN, SKETCH Uniform Code for the Abatement of MINUTES LEGAL Dangerous Buildings. REVIEWED BY: x CITY MANAGER DIRECTOR OF PARKS/REC. X CITY SECRETARY DIRECTOR OF PNANCE . F 1 .� - IIMAR4f,, � �4 �� POLICE CHIEF X CITY ATTORNEY TORNEY PUBLIC- , s '- FIRE CHIEF DIRECTOR OF PUBLIC X BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL i•-.4,744 CITY M AGER 201-204 1991 ABATEMENT OF DANGEROUS BUILDINGS 1991 ABATEMENT OF DANGEROUS BUILDINGS 204-205 Chapter 2 by the building official in accordance with and in the manner provided by this code ENFORCEMENT and Sections 305 and 306 of the Building Code. Board of Appeals General Sec.201. (a) Administration.The buildingofficial is herebyauthorized to Sec.205.(a)General.In order to hear and decide appeals of orders,decisions or determinations made by the building official relative to the application and enforce the provisions of this code. interpretations of this code,there shall be and is hereby created a Board of Appeals The building official shall have the power to render interpretations of this code consisting of members who are qualified by experience and training to pass upon and to adopt and enforce rules and supplemental regulations in order to clarify the matters pertaining to building construction and who are not employees of the application of its provisions.Such interpretations,rules and regulations shall be in jurisdiction.The building official shall be an ex officio member and shall act as conformity with the intent and purpose of this code. secretary to said board but shall have no vote upon any matter before the board. (b)Inspections.The health officer,the fire marshal and the building official are The Board of Appeals shall be appointed by the governing body and shall hold hereby authorized to make such inspections and take such actions as may be office at its pleasure.The board shall adopt rules of procedure for conducting its required to enforce the provisions of this code. business and shall render all decisions and findings in writing to the appellant.with (c)Right of Entry.When it is necessary to make an inspection to enforce the a duplicate copy to the building official.Appeals to the board shall be processed provisions of this code,or when the building official or the building official's in accordance with the provisions contained in Section 501 of this code.Copies authorized representative has reasonable cause to believe that there exists in a of all rules or regulations adopted by the board shall be delivered to the building building or upon a premises a condition which is contrary to or in violation of this official,who shall make them freely accessible to the public. code which makes the building or premises unsafe,dangerous or hazardous,the (b)Limitations of Authority.The Board of Appeals shall have no authority building official may enter the building or premises at reasonable times to inspect relative to interpretation of the administrative provisions of this code nor shall the or to perform the duties imposed by this code,provided that if such building or board be empowered to waive requirements of this code. premises be occupied that credentials be presented to the occupant and entry requested.If such building or premises be unoccupied,the building official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. "Authorized representative"shall include the officers named in Section 201(b) and their authorized inspection personnel. Abatement of Dangerous Buildings Sec.202. All buildings or portions thereof which are determined after inspection by the building official to be dangerous as defined in this code are hereby declared to be public nuisances and shall be abated by repair,rehabilitation, demolition or removal in accordance with the procedure specified in Section 401 of this code. Violations Sec.203. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove,convert or demolish, equip,use,occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. Inspection of Work Sec.204. All buildings or structures within the scope of this code and all construction or work for which a permit is required shall be subject to inspection 2 3 $ E a 1 4 1 t _9 ____ City of Wylie AGENDA COMMUNICATION SUBMITTED BY OMMUNITY SERVIC DIRECTOR: BILL NELSON DATE REFERENCE NO. SUBJECT 09/23/93 WYLIE ATHLETIC ASSOCIATIIN (W •zs'" .) REQUEST FOR ALL-NIGHT SOFTBALL TOURNAMENT r1 j(`1p � 01 SUMMARY OF SUBJECT: The Wylie Athletic Association has requested to have an all-night softball tournament beginning at 8:00 a.m. Saturday, October 16, 1993, and ending at 5:00 a.m. Sunday, October 17, 1993. Ordinance 78-18 and Ordinance 93-9 (Athletic Field Policy) prohibit all-night play. The Wylie Athletic Association has verbally told me that if they can not play all night then they would end the tournament at 1:00 a.m. ALTERNATIVES: 1) Allow request for all-night softball tournament. 2) Deny request for all-night softball tournament. - ACTION REQUESTED: Staff has ,some concerns with regards to recommend Council grant a variance to the ordinaddL:"' Howfv t' if _1WAA or any"g!oups-Vo0I4 =416. to ve all night tou' aments some provisions should be made to limit any drstu±bances,..to the neighborhoodd. Since this cola-8-be a precedent -setting issne;-Councir may want staff to amend the ordinance for future use. REVENUE SOURCES: EXPENDITURE ACCOUNTS: NA NA BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS 0 ONE-TIME 0 • $ CAPITAL 0 RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES X LETTER C.I.P. X ORDINANCE/RESOLUTION OTHER BUDGET WYUE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: X CITY MANAGER X DIRECTOR OF PARICSIREC. CITY SECRETARY DIRECTOROFFIRANCE OWL OF s " i r IMEMMOMMUMI Mist ..... _:. ,,.. ._ s To Wy_COUNCIL_ MANAGER L.).11,6)on _ ) 1rL_ 0 c ( L94--h ) I qq.3 c)liaL Lvo.u2 d tJu_ a.u-e our 0..Q 4 ovu:q V t± n cur-u . wcxkd LI-4) Oka AI o f 8* o o A m Cocb.utcla,Lt Q,ncl to/A, OwIctay 5 c0 A�� c,h �a urn 11 a ,d an rum-bt,Lf- Cbk _14s2,4-`-)41e llco_c-f-) ." 4.ckt5 d mnaLt d � gat46 .4g.k Jo±,3 cut_c_ vy-y() - Cz Czy1,9 Ltxu,5 -t-n Wc,uurLC{ C -��eu� � Lknin-e_c4 a, r,.� �--�.�.�� �..� .�.� cam, � �, tnA_ q.4c\AA 40/Y11 Ana ,41)A,LaLik4X- (03_6), -clqz, - 3 ( t 3 boa(u/L, § 6.00 PARK REGULATIONS § 6.01 Park Hours Open to the Public The community parks,recreation and community. center, shall be open to the general public only between the hours of 6:00 a.m. and 12.-01 a.m.. unless a ball game or other recreational or community activity unexpectedly exceeds a time required to close at 12:01 a.m. In that event the time for closing the particular facilities involved will be extended to 1:00 a.m., at which time all activities in such facilities will cease, then the facilities will be closed to the public until 6:00 a.m.the next morning. It shall be unlawful for any person except members of the police and fire departments or employees of the packs department=gaged in the performance of their official duties to be in any mcmieipt perk between the hours of 12:01 a.m. and 6:00 a.m.. unless the forgoing exception applies. (Ord.78-18 adopted 6-13-78,Art.I,Sec. 1) WiMMIMRMIND CITY OF WYUE ATHLETIC FIELDS POUCY- COMMUNITY PARK AS ADOPTED BY ORDINANCE 93-9 EXHIBIT 'A" A tournament is defined as team competition separate and distinct from league play involving the payment of an entry fee or additional fees in which to participate. A curfew of 12:00 Midnight shall be imposed on all tournaments utilizing lights, Monday - Thursday; 1:00 a.m. on Friday and Saturday. A curfew of 11:00 p.m. shall be unposed on Sundays. City of Wylie AGENDA COMMUNICATION "Zz- - SUBMITTED BY: CITY MANAGER DIRECTOR: ,VE NORWOOD ,' • -�/_ DATE REFERENCE NO. SUBJECT 9/28/9aci Provide Water Service to Residents Outside City of Wylie Limits SUMMARY OF SUBJECT: Residents on Country Club Lane, off Hwy. 1378 adjacent to Presidential Estates; have requested that the City of Wylie provide water service only, to the eight residents in that area. Currently, they are receiving water from North Texas Municipal Water District. However, North Texas Municipal Water District has informed the residents that they will no longer provide water service as of October 1, 1993. Obviously we do not want to see residents within our area to be without water, especially when the city has a major transmission line in close proximity. There will be no cost to the city to run lines. Once the residents are provided water service, Council may choose to annex this area in the future. According to our charter, provisions with services outside of our city limits require council approval, much the same as was the approval for the Agriculture Barn. ALTERNATIVES: 1.) Approve the water services as requested. 2.) Deny request for water services. ACTION REQUESTED: 1.) Approve request to allow residents to tie into city water. REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ S CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER x MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL ITY AGER I ••,,.,.. .,.,,.,,,111.10 WTLIC.IA I; 2 3 4 5 A <'9','�' .i ? -1'S,, 1 A I' Pi +CHOONER ANCHOR , �, IF INTEREST s DRum IRCLE NUMBERS I ANCHOR.Ti_0 LP4 } T , • 9 9. 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E BROWN ST / J P I L,/ a =g JfFFFRSON ` ;� W > y 1. WINDCO CIR E a a �E o ST E 2. YORKSHIRE CIR 3 41 0, 1J / I 3 B. a 3 .' OAK z . �- N = ST o :lsH LANWOOD DR b' 3 PICADILLY CIR W • _ o > 7 4. PARLIAMENTq—I ` c ANDERSOyVILLE LN ELLIOTST N J CREEKE RIDGE ku W 84, 5. FAIRVIEW CIR{ I R 3 0 aSTERs avE6. EASTRIDGE CT x �.. BROWNTOWN RD FLEMING Si H 4 WOODHOLLOW CT �ANGLEWOOp DR 4 8 7. EAST OAK ST 'RAILROAD C�hk 09 SILVERLEAF CT TUTLER ST 1 P 8. SURREY CIR r i I INDUSTRIAL CT ALLO AY z / CEDAR RIDGE DR a COLLET• N = z FOX WOOD LN 9. CARRIAGE LN--- u 1 I DR , = e o OR o z HEATHER WO SPRINGWOOD o 10. FOXW000 CT SEC z ST y g o: o0 10'`L 11. HEATHERW000 LN =—� -1 cl ECU E I BUSINESS W LIAM�� $ a FAIRwooD o 12, STONEHEDGE p v _� J Y FOREST EDG~` LN o ►a STEEL RD ` �•�I WAY o o Si CCITIZE .AVE =3 $ ozAUTUMNHILL R 11 O/ ti �� ' .. W KIRBY,.co.-, T PARK S? s 3 0==CD Q o BENTW00D DR FO '1' I T // I z c erntic EE a $ ? . QUAIL CREEK ��000,.I 1 - 1 : I 1 t i 1 1 I I 1 . ' I 3