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09-08-1998 (City Council) Agenda Packet WYLIE CITY COUNCIL PLANNING & ZONING COMMISSIONtV111:. Joint Meeting Agenda Tuesday, September 8, 1998 7:00 p.m. -City Council will convene immediately following the conclusion of the Planning&Zoning Meeting. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North Wylie,Texas 75098 Item No. Agenda Item Action Taken Call to Order Invocation Pledge of Allegiance Consent Agenda All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired,that item will be removed form the consent agenda and will be considered separately. A. Approval of the Minutes from the Special Called Meetings of August 4 and August 27 and the Regular Meetings of August 11 and August 25, 1998. B. Consider and Act Upon a Final Plat for the Heatherwood Estates Addition,Proposed by Charles and Tracy Lester, Generally Located at the Northwest Corner of Heatherwood Drive and Lanwood Drive,and Being All a Certain 7.345 Acre Tract Out of the Francisco De La Pina Survey,Abstract No. 688,City of Wylie,Collin County, Texas. C. Consider and Act Upon a Final Plat for the Park Road Elementary School Addition, Proposed by Glenn Engineering Corporation for the Wylie Independent School District, Generally Located at the Northeast Corner of FM 1378 and McMillen Road and Being All of a Certain 10.799 Acre Tract and All of a Certain .574 Acre Tract Out of the Charles Atterbury Survey,Abstract No. 22, City of Wylie,Collin County,Texas. Items for Individual Consideration 1. Consider and Act Upon the Approval of the Library Advisory Board Bylaws. Executive Summary Research into the current Bylaws suggests that they were written in the 1970's. and amended in November of 1979. After review, it was determined that the Bylaws did not comply with the current Wylie local ordinances. Item No. Agenda Item Action Taken Board/Commission/Staff Recommendations The Library Advisory Board&City Staff recommend the approval of the revised Bylaws. 2. Consider and Act Upon the Award of Contract for the City of Wylie Bank Depository. Executive Summary City staff issued a Request For Proposal(RFP)for a Bank Depository Contract and hand delivered the RFP to Provident and American National Banks on July 17, 1998. The bids for depository services were due on August 12, 1998 at 2 P.M. and the City received proposals from American and Provident banks. American National Bank's bid clearly met the major requirements of Section IV ACCOUNT ACTIVITIES AND BANK CHARGES of the RFP. Provident National Bank(PNB)in Section IV ACCOUNT ACTIVITIES AND BANK CHARGES,A. of the bid submitted did not specify that the City's main checking accounts, Operating and Payroll would be interest bearing and with unlimited transitions.PNB did not respond to Section IV D.Payment for Services and Section IV G.Interest on Money Market Checking Accounts. Both of the banks did meet the qualifications in Section IX OTHER STIPULATIONS,F. Both of the banks exceeded the minimum requirement as specified in the RFP from each of the two rating services with American National Bank receiving a higher rating by both rating services. Board/Commission/Staff Recommendation The staff recommends that the City Council accept the bid by American National Bank and pass a Resolution designating the American National Bank as a corporate depository for the City of Wylie. 3. Consider and Act Upon Approval of a Proposal for the Removal and Reinstallation of Eight(8) Civil Defense Siren System Purchased from the City of Plano. Executive Summary In August,the City of Plano advertised for sealed bids for the sale of the City's former civil defense siren systems.The solicitation specified that bids would only be accepted for the entire system and that the successful bidder would be responsible for removing all system components within 40 calendar days after completion of the sale (see back up materials for details on system). Staff estimates that equivalent systems of current manufacture would cost in excess of$50,000. The City of Wylie has submitted a bid in the amount of$1,800 and that bid has been accepted by the City of Plano. McBride Electric submitted a proposed contract price of$14,723. The proposed scope of work includes furnishing all labor and materials for the removal of electromechanical siren components from the poles,removal of the poles,reinstallation of poles at designated sites in the City of Wylie and reinstallation of all siren components(including electrical connections and grounding)with all installations to be complete,in place,and in a ready state for system start-up. Board/Commission/Staff Recommendation Staff recommends that Council authorize the City Manager to contract for the proposed removal and reinstallation of the civil defense siren systems at a cost not to exceed$14,723. Item No. Agenda Item Action Taken 4. Hold the First of Two Public Hearings for the Annexation of.998 Acres out of the Francisco De La Pina Survey,Abstract No.688,Collin County,Texas and Being the Same Property Conveyed to Doyle R. Mitchell and Wife Nancy Kaye Mitchell,by Deed as Recorded in Volume 2689 at Page 793 and the Same Tract of Land Conveyed to Home Town Furniture,Inc. by Deed Recorded in Volume 2610,Page 702,Land Records,Collin County,Texas. Executive Session The City of Wylie has received a request for annexation from Mike Douglas for a.998 acre tract generally located at the northwest corner of SH 78 and Eubanks Lane. The applicant is requesting annexation in order to establish connections to City of Wylie utilities. Staff has held preliminary discussions with the applicant regarding the use and zoning of this property and anticipate a request for rezoning subsequent to Council approval of the annexation request. Should the City Council approve the annexation request,the property will be temporarily zoned as A(Agricultural)until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Board/Commission/Staff Recommendations Board/Conunission Recommendation not applicable. Staff recommends approval,subject to the applicant signing the service plan as required. Public Hearing only. 5. Hold the First of Two Public Hearings for the Annexation of 110 Acres out of the J.W.Mitchell Survey,Abstract No.589,Collin County,Texas and Being the Same Property Conveyed to Patsy Sue Donihoo by J.O. McWhirter and Wife, Pearl A. McWhirter,by Deed as Recorded in Volume 942 at Page 488 of the Deed Records of Collin County,Texas. Executive Session The City of Wylie has received a request for annexation from Mrs.Patsy Lewis for a 110 acre tract generally located at the northeast corner of McCreary Road and McMillan Road. The applicant is requesting annexation in order to enable development of the property utilizing City of Wylie utilities and has indicated a contract to develop the property has been issued. Specifically,per the applicant request the City of Murphy,Texas,has released this property from their extraterritorial jurisdiction (ETJ) due to the fact that Murphy utilities are unavailable at this time(see attached resolution# 268). Also,staff has held preliminary discussions with the development community regarding the zoning and development of this property and anticipate a request for rezoning subsequent to Council approval of the annexation request. Should the City Council approve the annexation request,the property will be temporarily zoned as A(Agricultural)until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Board/Commission/Staff Recommendations Board/Commission Recommendation not applicable. Staff recommends approval,subject to the applicant signing the service plan as required. Public Hearing only. Item No. Agenda Item Action Taken 6. Hold a Public Hearing to Consider and Act Upon a Request from Pat Atkins for Approval of a Zone Change from R(Retail),B-1 (Business),and MF(Multifamily) to PD(Planned Development)for Single Family Residential Uses for the Property Generally Located Along the East Side of McCreary Road Just South of Southfork Mobile Home Park and Being All of a 45.3768 Acre Tract out of the Moses Sparks Survey,Abstract No.849,City of Wylie,Collin County,Texas. Executive Summary The applicant is requesting rezoning on 45.3768 acres in order to develop the property with a master planned single family residential community. The property to the north is zoned MH (Mobile Home)and developed with a mobile home park. The property to the south is vacant and zoned A(Agricultural). The property to the east is vacant and zoned PD(Planned Development) for single family residential uses. The property to the southeast is vacant and zoned A (Agricultural) with an approved PD (Planned Development) concept plan for single family residential uses. The property to the west is not within the City of Wylie proper. At the August 3, 1998, Planning and Zoning Commission meeting, the Commission voted unanimously to table this case to August 17, 1998,as the applicant indicated that the conceptual plan would be revised to minimize the variance request for lot area. At the August 17, 1998, Planning and Zoning Commission meeting,the Commission voted unanimously to table this case to September 8, 1998,in order to give staff an opportunity to review the revised conceptual plan. Specifically,the revised conceptual plan had not been submitted for staff review and,therefore,was not included in the August 17, 1998,Planning and Zoning Commission packet. In accordance with state and local law,this case was currently advertised for public hearing before the Planning and Zoning Commission and City Council. As a result,the scheduled public hearing was held by the City Council at their August 25, 1998,meeting. However,due to the fact that the Commission had not forwarded a formal recommendation to the Council concerning this case,City Council voted unanimously to table this case to the scheduled joint meeting with the Planning and Zoning Commission on September 8, 1998. Staff will provide an update at the September 8, 1998, meeting should the Commission take action. Board/Commission/Staff Recommendation: Staff recommends approval,subject to the following stipulation. No more than 20%of the lots(26) in this phase shall be permitted for construction prior to secondary access being provided. The Departments of Public Works, Fire, and Community Development concur with this recommendation. 7. Consider and Act Upon Approval of a Preliminary Plat/Development Plan for Phase III of Sage Creek, Amending the Comprehensive Zoning Ordinance No. 85-23A. The Tract is Situated in the Moses Sparks Survey,Abstract No.849,Collin County, Texas and Generally Located Along the East Side of McCreary Road Just South of Southfork Mobile Home Park. Executive Summary The preliminary plat/development plan under consideration is Phase III of Sage Creek Estates. The applicant is preliminary platting 45.3768 acres in order to develop the property with a master planned single family residential community. The development plan aspect of this case is the final step associated with establishing the PD(Planned Development)zoning requested in ZC.No. 98- 07. In order to establish a PD (Planned Development), the developer must follow a two-step process which includes submitting for approval a Conceptual Plan and a Development Plan. Item No. Agenda Item Action Taken Executive Summary-continued The applicant is filing this PD in order to ensure a quality development and requests one (1) variance to the single family residential requirements. Specific reductions to the single family residential area regulations being requested are included in your back up materials. Board/Commission/Staff Recommendation: Staff will provide an update at the September 8, 1998,meeting should the Commission take action. 8. Consider and Act Upon Approval of a Final Plat for Phase V of the Newport Harbor Addition,Proposed by Carter&Burgess,Inc.for Centex Homes,Generally Located Along the East Side of FM 1378 Just South of Anchor Drive and Being All of a Certain 26.753 Acre Tract Out of the James McUlmurry Survey,Abstract No.629, City of Wylie,Collin County,Texas. Executive Summary The final plat under consideration is for Phase V of the Newport Harbor Addition. The applicant is platting 26.753 acres in order to develop the property with 110 single family residential lots. The property is currently vacant,unplatted,and zoned for SF-3 (Single Family Residential)uses. Staff has reviewed the proposed plat for Phase IV of the New port Harbor Addition and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie except for notarized block length. Specifically, Section 5.02 D (2) of the Subdivision Regulations states that the block length in residential areas shall not exceed 1,200 feet. The applicant is requesting a variance to this requirement as the length being proposed for Block 3 is 1,500 feet. The variance being proposed is consistent with the preliminary plat approved for this development. Board/Commission/Staff Recommendation: At the August 17, 1998, Planning and Zoning Commission meeting, the Commission voted unanimously to favorably recommend this case. Staff recommends approval for Construction. The Department's of Public Works, Fire, and Community Development concur with this recommendation. 9. Conduct a Public Hearing on the Proposed Tax Rate for Fiscal Year 1998-99 and Provide Taxpayers an Opportunity to Express their Views on the Tax Increase.At the End of the Hearing,the City Council Must Set and Announce the Date,Time and Place of the Meeting at Which it Will Vote on the Final Proposed Tax Rate. Executive Summary In accordance with the"Truth-in-Taxation"laws of the State of Texas,on August 11, 1998 the City Council took a role call vote on the proposed tax rate and scheduled a public hearing on the tax rate for September 8, 1998.The results of the record vote on the proposed tax rate and the notice of the public hearing was published in the Wylie News on August 19,1998. The purpose of the public hearing on September 8, 1998 is to give the taxpayers an opportunity to express their views on the tax increase.The City Council may not adopt the tax rate at this hearing. Instead,at the end of the hearing,it must set and announce the date,time and place of the meeting at which it will vote on the final proposed tax rate. The second public hearing will be on September 22, 1998 to vote on the final tax rate. After the September 8th meeting and before the meeting scheduled for the final tax vote,the City Council must publish a second quarter-page notice-"Notice of Vote on Tax Rate". Item No. Agenda Item Action Taken Executive Summary-continued The proposed budget is based on the proposed tax rate of.675 cents per$100 valuation. This is the rate previously discussed by council.Any change in the proposed tax rate will require revision of the proposed budget. Board/Commission/Staff Recommendation The staff recommends that the Council schedule the next required hearing on the tax increase for September 22, 1998 after the close of the public hearing. Staff Reports Citizen Participation Joint Worksession Discussion on Residential Standards/Development Issues Executive Session In accordance with Chapter 551, Government Code, Vernon's Texas Codes Annotated(Open Meeting Law). Section 551.071, Discussion with City Attorney on a matter concerning Kansas City Southern Railroad in which the duty of the attorney to the governmental body under the Texas Disciplinary Rule of Professional Conduct of the State of Texas clearly conflicts with this Chapter;and Section 551.075 Conference with City Employees to review information from employees concerning Kansas City Southern Railroad;and Sections 551.071 Consultation with City Attorney;and 551.075 Conference with Employees to Discuss Issues Regarding the Future Development of Spring Creek Parkway. Reconvene into Open Meeting Take any action as a result of Executive Session. Adjournment. I certify that this Notice of Meeting was posted on this the day of , 1998 at 5:00 p.m.as required by law in accordance to Section 551.042 of the Texas Government Code. City Secretary Date Notice Removed The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees. Must be requested 48 hours in advance by contacting the City Secretary's Office at 572/442-8100 or TDD 972/442-8170. WYLIE CITY COUNCIL CONSENT AGENDA ITEM September 8, 1998 Item A Approval of the Minutes from the Special Called Meetings of August 4 and August 27 and the Regular Meetings of August 11 and August 25, 1998. Item for Individual Consideration Approval of the Minutes Page 1 MINUTES Wylie City Council August 4, 1998 Call to Order Mayor John Mondy called the City Council Meeting to order, August 4, 1998 at 7:00 p.m. with the following Councilmembers present:Joel Scott,Reta Allen,Lavern Ramsey,Merrill Young,J.C. Worley, and Chris Trout. Staff members present were:Mike Collins,City Manager; Mindy Manson,Assistant to the City Manager;Brady Snellgrove,Finance Director and Barbara Salinas,City Secretary. Item for Consideration 1. Consider and Act Upon Approval of an Ordinance for the City of Wylie, Texas, Providing Restriction for Outside Watering and Landscape Irrigation; Declaring an Emergency; Providing for an Effective Date; Providing for a Penalty for the Violation Hereof; Providing for the Severability and Publication of the Caption Hereof. Ms. Manson addressed this item. She stated that staff is recommending approval of a mandatory watering ordinance. If approved by Council, a press release was prepared and flyers would be distributed door to door. Ms. Manson stated that the Ordinance would be effective after publication on Wednesday, August 12, 1998. Council was reassured by staff that all forms of public awareness would be implemented and that we would ensure sufficient compliance before we start active enforcement. There was some discussion by Council and Staff of the different levels and flexibility of enforcement. Staff advised Council that this Ordinance,if passed,would allow future action by the Mayor should an emergency arise. Mr. Collins stated that staff would receive a report from Mr. Jones within the next few weeks to measure the effectiveness of the mandatory watering. Councilman Young made a motion to Approve the Ordinance for the City of Wylie,Texas,Providing Restriction for Outside Watering and Landscape Irrigation; Declaring an Emergency; Providing for an Effective Date; Providing for a Penalty for the Violation Hereof;Providing for the Severability and Publication of the Caption Hereof. Mayor Pro Tern Worley seconded the motion. A vote was taken and the motion passed unanimously, 7-0 Ordinance No.98-21 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS PROVIDING RESTRICTIONS FOR OUTSIDE WATERING AND LANDSCAPE IRRIGATION; DECLARING AN EMERGENCY; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY FOR THE VIOLATION HEREOF; PROVIDING FOR THE SEVERABILITY AND PUBLICATION OF THE CAPTION HEREOF. Worksession Discussion of Proposed Fiscal Year 1998-1999 Budget. The Mayor then adjourned into Worksession for presentation of the last departmental budgets, and the City Manager's Budget Overview. Wylie City Council Minutes August 4,1998 Page 1 Worksession-continued Departmental Presentations Barbara Salinas, City Secretary, presented her budget requests for FY98-99. She gave Council a summary of accomplishments as well as departmental goals for the future. One focus is the development of a centralized filing system to organize and centralize all city records for security and easy access. She also envisions for future development a CD ROM library which will house all research materials on CD's and include software with subject word search capabilities. Major Items necessary for the continuation of a successful records management program include a micro-film reader printer and heavy duty shredder. Council had concerns regarding Student Government Day activities for the 1999 Seniors. Mayor Pro Tern Worley asked that we consider a March date. Ms. Salinas stated that as a result of discussions with Dr. Jose Parra, we are actually considering the possibility of two dates to correspond with the Seniors curriculum. Suggested times were November and March. Councilman Scott questioned our contract with the Collin County Elections Administration to conduct our elections. Ms. Salinas stated that the figure was based on an estimate from the County, and that the City hoped to continue the cost effectiveness of contracting the services of Collin County. Councilman Trout asked about the type of shredder required. Ms. Salinas explained that a heavy duty shredder was necessary to expedite destruction as well as eliminate ongoing costs to contract with a shredding service,if our records management program was to be long term. With no further questions from Council,Ms. Salinas concluded her presentation. Mike Collins, City Manager stated that he would address any questions Council had regarding his budget requests. Council inquired as to the `ghost shopper' survey that was conducted by the City. Mr. Collins stated that he was not pleased with the information provided from the first survey, therefore a second survey with different,more detailed questions were used thereby providing more substantial information. He stated that a written report would be prepared for Council and forwarded for their review. Mr. Collins explained that in conjunction with staff's desire to provide a higher level of customer service,the Administrative Support Group (ASG)has organized into committees to address specific areas of concern. Mr. Collins stated that a consultant, Mr. Randy Slack,has recently spent time with the building inspectors and made his assessment. Mr. Collins explained that this will be part of the Comprehensive Code Enforcement Plan on August 11. Councilman Trout asked about the status of Kreymer Lane. Mr. Collins stated that Kreymer was scheduled to go before Council on the 1 lth and has since been rescheduled for the 25th at the request of Mr. MacLean,who had some concerns before final payment was requested. Mr. Collins identified some major considerations that helped develop the FY98-99 Budget. He stated that Council's clear policy direction impacts the entire budget and credited Council for their input in the process. The four year revenue projections show an increase by FY2000. Mr. Collins stated that the 98-99 budget comes forward with a fiscally responsible Fund Balance close to 13%and Fund Balance of$780,000. He stated that this budget does not necessarily require a tax rate increase to finance the operating budget and that staff tried to work with existing tax rate. Mr. Collins stated that there has been discussion regarding the wage plan and what would be done for salary adjustments across the board. This budget is proposing 10%across the board,including the 15%public safety pay raise,for those not included in public safety and a 5%for Exempt for non-exempt,with a 3%merit pool in April of 1999. Wylie City Council Minutes August 4,1998 Page 2 Worksession-continued Budget Presentation Mr.Collins stated that the city needs to establish a clear policy direction as to where we want our salaries to fall, according to the market survey. He cited as an examples,Plano and Garland and what they offer their employees with regard to the average salary based on market survey. Mr. Collins stated that Council's direction will establish our future attraction and retention of employees. There was some discussion as to the scope of cities surveyed, i.e., local, state and national levels. There was some discussion with regard to employee insurance and longevity checks. Councilwoman Allen inquired about the Workman's Comp line item in Council's budget. Mr. Snellgrove stated that if a Council member is injured on city business,they are covered. Mr.Collins stated major considerations include the Fire Department multi-year staffing program and the addition of another police officer. However,the trade off is support for SRO and DARE officer. Mr. Collins stated that the School District is indicating a firm commitment. Mr. Collins explained the last major consideration as.the reason why this years budget works without a tax increase. He explained that there has been a$250,000 line item identified as street and alley fund which was initiated four years ago as a prudent means to get projects completed. Mr. Collins stated that in discussion with both Mr. Snellgrove and Mr. Jones,they all agreed that the most prudent method of financing those types of capital improvement projects would be through a future bond election. This is because of the life of the improvement(concrete alleyways)is 20-25 years and we should not finance on a pay as you go basis. Staff feels it would be more appropriate to reallocate into the Operating Fund for salary adjustments. Mr. Collins stated that we still have$100,000 for asphalt overlay program throughout the community. Mr. Collins stated that one of the major items approximately$115-120,000 would have involved the Butler alley. This project was delayed due to the conditions of the sewer line beneath the alley. It was discovered that the sewer line had collapsed. These funds were reallocated to other alley improvements in the community. It is now possible after the replacement of the sewer,for the concrete work which would have been done out of the General Fund, to be done out the Utility Fund. Councilman Scott had concerns regarding the continuation of street improvements and how the decrease from $250,000 to $100,000 would effect the amount of projects completed. Ms. Manson stated that the$100,000 was the same amount spent last year for street improvements. Mr. Collins stated that the intent was only to eliminate the concrete work on Butler. Mr.Collins stated that we should remain positive with the opportunities that this budget helps create in order to help the community succeed. Mr. Collins stated that this budget offers more recreation opportunities with the development of the Joint Use Athletic Field in partnership with the School District as well as the possibility of a joint maintenance agreement next year. Councilman Scott asked about the status of the Teen Center and the$12,000 allocation. Ms. Manson stated that the Center was closed due to low attendance and high maintenance. She was not sure of the status, however the Boys and Girls Club did want to maintain a presence in the community. Mr. Collins stated that this was suggested to the Wylie 2000 group as a worthwhile project to revitalize as well as encouraging any Council involvement. Wylie City Council Minutes August 4,1998 Page 3 Worksession-continued Budget Presentation Mr.Collins stated that this budget will also include 4B Sales Tax revenue for Parks and Library. He reminded Council of Ms.Morses'presentation to which she cited a tremendous growth at the Library,with a 47%increase in the Summer Reading Club and the first production of a play at Hartman Elementary to an audience of over 100. The Mayor commended Ms. Morse for her diligence in securing grant money for the library. Mr. Collins stated how critically important it will be to the Records Management Program to initiate a Centralized Filing System. Mayor Mondy agreed and stated that he had the opportunity to visit the file room and encouraged Council to do the same. Mr. Collins stated that staff will continue planning and initiate permits for the Regional Waste Water Treatment Plant. He stated that he and Mr. Greg MacLean will be meeting with Mr. Parks,Executive Director of the North Texas Municipal Water District and look for the first time at a time line from initiation to completion of the Treatment Plant. Mr. Collins stated that this project will play an important role with the development of Woodbridge Residential. Mr. Collins addressed the Fleet Maintenance Program which was started a few years ago. He stated that Staff has had some good discussion with regard to the needs,distribution and financing of city vehicles. Mr. Collins deferred to Mr. Snellgrove with regard to the computer and technological needs of the city and how this impacts the budget. Mr. Snellgrove stated that there have been some problems with our equipment and software with regard to the year 2000 compatibility as well as storage/space. There was some discussion about networking within the departments and the need for an agreement of uniformity of software use by employees. Mr.Collins concluded that this budget is about Employees making a difference. He stated that we will achieve. and produce a higher level of service. He stated that we will bring forward specific proposals to be implemented. Mr. Collins stated that he is very pleased with the Administrative Support Group. This group,he stated,is made up of the front line employees who have taken the initiative and divided customer service into different elements. He also stated that the information provided by the `ghost shopper' and outside assistance of individuals who have been working with city employees are all part of our goal to identify areas of concern. Mr. Collins stated that staff will be bring forth more information in the future. Mayor Mondy and Council asked to see the results of the first`ghost shopper'. Mr. Collins stated that the results were incomplete,but that he would provide them to Council,with the results of the results of the second ghost shopper. Mr. Collins stated that another area will be addressed at the August 11 meeting when staff will present the basis for a proactive,voluntary compliance of a Code Enforcement Program. Mr. Collins stated that the review process of the Comprehensive Plan has begun and that it is the most significant policy guide for the future build out of our city. Mr. Collins stated that the installation of the 911 installation will allow a higher level of service and it will be paid for with user fees. He stated that the new Program will be installed by the end of September. He stated that in Partnership with the School District,they have made a firm commitment to the multi-year program with regard to the SRO and DARE Officer. Mr. Collins asked Mr. Snellgrove to address Council. Mr. Snellgrove made a presentation of overheads beginning with the Revenues and Expenditures. He stated that the form previously provided contained some blanks and that those have now been filled in. Mr. Snellgrove emphasized that sales tax is crucial to our budget and that the keystone is retail sales. Wylie City Council Minutes August 4,1998 Page 4 Worksession-continued Budget Presentation Mr. Snellgrove stated that the final tax roll was up due to new growth. In discussing the City of Wylie Organizational Chart,Mr. Snellgrove stated that a large percent of employee growth was due to the increase in personnel within the public safety area. Mr. Snellgrove discussed the Proposed Funding of Expanded Levels of Service with a brief explanation of the departmental requests. Mr. Snellgrove stated that the Utility Fund looked real good. Mr. Snellgrove presented overheads on the Special Revenue Funds and General Obligation Debt Services Funded. He explained the 4B Debt Service Fund. The Mayor asked Mr. Snellgrove if specific sales tax generators could be pinpointed. Mr. Snellgrove stated that it was not possible. The Mayor indicated that he was interested in the figures generated by the downtown merchants and what impact they could have if they were not able to operate. Street Capital Projects Funds. Mr. Snellgrove stated that we still have contracts and projects pending that will overlap the fiscal year. Councilman Scott asked if we will come out`equal'? Mr. Snellgrove stated that we should come out close if not equal,but that concrete prices have made significant increases in project costs. 4B Capital Project Fund Mr. Snellgrove stated that according to city staff, this fund will end September 30 and that all funds will have been spent. Mr. Snellgrove stated that there is still the possibility of a grant for future development needs. Fire Station Fund Mr. Snellgrove stated that this is a new fund,and if the schedule is followed,we will bring money in and spend it all within the same fiscal year. Mr. Snellgrove explained the tax note financing of the fire stations and addressed Council's questions regarding tax notes funding. He explained that the reimbursement resolution which the city recently approved, sets forth what the notes can be used for including software and hardware. Service Center Capital Project Fund Mr. Snellgrove stated that the expected fund balance for 1999 is $114,820. The $18,830 expenditure was a transfer of the James Johnson Memorial Fund which was used for improvements to the Animal Shelter and Children's area at the Smith Public Library. Utility Construction Fund Mr. Snellgrove stated that this is the fund in which the 1995 Water and Sewer portions of the 1995 bonds are allocated. There are current projects pending, and approximately 1.7 million dollars is expected to be spent before the year is complete. Mr. Snellgrove stated that he had covered the main portions of the budget,and that additional information would be forthcoming. Mr. Snellgrove presented information related to the tax rate. Mr. Snellgrove stated that based on our current scenario, if we generate one cent more we are required by law to hold a special meeting for a roll call vote. Mr. Snellgrove stated that Council will need to consider the time line in order for Council to make a decision within the next few weeks with regard to the tax rate, otherwise it will be difficult to change the tax rate. Mr. Snellgrove stated that the time line would dictate publication requirements. Wylie City Council Minutes August 4,1998 Page 5 WorKcse$sion-continued Budget Presentation Mr. Snellgrove stated that Council could raise taxes .04 cents without going over the 8%rate. Mr. Snellgrove stated that .01 cents will generate approximately $46,300, therefore .04 cents will generate approximately 2 million dollars. Mr. Snellgrove reminded Council that a roll call vote would be required before we actually adopt the budget in September. Council had discussion regarding the Collin County Bond election,Collin County projects and how it relates to the city's proposed budget. Mayor Mondy called for a five minute recess before Council convened into Executive Session. Executive Session Mayor Mondy convened into Executive Session at 8:50 p.m.in accordance with Chapter 551,Government Code. Vernon's Texas Codes Annotated(Open Meeting Law). Section 551.071,Discussion with City Attorney on a matter concerning Kansas City Southern Railroad in which the duty of the attorney to the governmental body under the Texas Disciplinary Rule of Professional Conduct of the State of Texas clearly conflicts with this Chapter;and Section 551.075 Conference with City Employees to review information from employees concerning Kansas City Southern Railroad;and Sections 551.071 Consultation with City Attorney; and 551.075 Conference with Employees to Discuss Issues Regarding the Future Development of Spring Creek Parkway. Reconvene into Open Session No action was taken as a result of the Executive Session. Adjournment. As there was no further business to come before the Council,the meeting was adjourned. John Mondy,Mayor Attest: Barbara A. Salinas,City Secretary Wylie City Council Minutes August 4,1998 Page 6 MINUTES Wylie City Council August 11, 1998 Call to Order Mayor John Mondy called the City Council Meeting to order,August 11, 1998 at 7:00 p.m. with the following Councilmembers present:Joel Scott,Reta Allen,Lavern Ramsey,Merrill Young,J.C.Worley,and Chris Trout. Staff members present were:Mike Collins,City Manager,Mindy Manson,Assistant to the City Manager;Brady Snellgrove,Finance Director; Jack Jones,Public Works Superintendent; Tobin Maples,Planning Director and Barbara Salinas, City Secretary. Invocation Councilman Scott was asked to give the invocation. Pledge of Allegiance Councilman Young was asked to lead the Pledge of Allegiance. Consent Agenda A. Approval of the Minutes from Special Called Meetings of July 7, 21, and 23 and Regular Meeting of July 14, 1998. The following corrections were made to the minutes. The minutes of July 14,page 3, Councilman Scott requested a correction to change Mayor Pro Tem to"Worley". Mayor Pro Tern Worley requested that the Minutes of July 23 indicate that he was absent and did not vote. Councilman Trout asked that the Minutes of July 14 be corrected to reflect that Mayor Pro Tern Worley seconded Item No. 6. With the noted corrections, Councilman Scott made a motion to Approve the Minutes from Special Called Meetings of July 7,21,and 23 and Regular Meeting of July 14, 1998. Councilman Trout seconded the motion. A vote was taken and the motion passed unanimously,7-0. Items for Individual Consideration Mayor Mondy moved to Item 6 on the Agenda. 6. Consider and Act Upon All Matters Incident and Related to the Issuance and Sale of $1,600,000 Tax Notes, Series 1998, Including the Adoption of an Ordinance Authorizing the Issuance of Such Notes. Mr.David Medanich,First Southwest,addressed this item. Mr.Medanich advised that the bids for the Tax Notes were publicly opened and read at the offices of First Southwest. Mr. Medanich stated that 11 bids were received and the low bid was First Southwest at 4.39195%. He stated the bid would be reviewed for accuracy and if all was in order,recommended approval. There was some discussion regarding the upgraded bond ratings and how it could be favorable to the City in the future. Wylie City Council Minutes August 11,1998 Page 1 Couticilpian Trout made a motion to act upon All Matters Incident and Related to the Issuance and Sale of $1,600,000 Tax Notes,Series 1998, including approve the Adoption of an Ordinance Authorizing the Issuance of Such Notes. Mayor Pro Tern Worley seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The Ordinance was then read into the record. ORDINANCE NO.98-22 AN ORDINANCE AUTHORIZING THE ISSUANCE OF"CITY OF WYLIE,TEXAS,TAX NOTES,SERIES 1998";SPECIFYING THE TERMS AND FEATURES OF SAID NOTES;LEVYING A CONTINUING DIRECT ANNUAL AD VALOREM TAX FOR THE PAYMENT OF SAID NOTES; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE,SALE,PAYMENT AND DELIVERY OF SAID NOTES, INCLUDING THE APPROVAL AND EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO;AND PROVIDING AN EFFECTIVE DATE. 1. Consider and Act Upon an Appointment of an Ad Hoc Member to the Planning and Zoning Commission. Ms.Mindy Manson addressed this item. Ms. Manson stated that Council had been provided with recommended names of those willing to serve as an Ad Hoc Member to the Planning and Zoning Commission. Ms. Manson stated this appointment was necessary to allow the Planning and Zoning Commission to function as the Impact Fee Advisory Committee,as State Law allows. The void was created with the resignation of Mr. Ray Capley who represented the Developers/Real Estate/Building Community. Ms. Manson advised Council that this member would only serve as a member when the Planning and Zoning acted as the Impact Fee Advisory Committee. Councilwoman Allen made a motion to Appoint Mr. James Blakey as an Ad Hoc Member to the Planning and Zoning Commission. Councilman Scott seconded the motion. Before the second was recorded, Mayor Pro Tern Worley asked that Council be given more time to consider an appointment. Councilwoman Allen then withdrew her motion. Staff informed Council that State Law did not have a requirement of residence in order to serve as on the Impact Fee Advisory Board. Mayor Pro Tern Worley made a motion to Table the item for further consideration until the next regular meeting. Councilwoman Allen seconded the motion. A vote was taken and the motion passed unanimously, 7-0. 2. Consider and Act Upon an Ordinance Amending the Comprehensive Zoning Ordinance No. 85-23A of the City of Wylie, Texas by Amending Section 35 to Provide for Regulations of Posting Property for Zoning Changes. Tobin Maples,Planning Director, addressed this item. Mr. Maples displayed to Council a zoning change sign, as proposed. Council had concerns regarding the prompt removal and who would incur the cost for the signs. Mr.Maples assured Council that the signs would be removed within a 10 day period, and that the cost for signs is included as a part of the application fee. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the zone change come forward stating their name and address for the record and limit their remarks to five minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the zone change come forward stating their name and address for the record and limit their remarks to five minutes. With no response, the Mayor then closed the Public Hearing. Wylie City Council Minutes August 11,1998 Page 2 Mayor Pro Tem Worley made a motion to Approve an Ordinance Amending the Comprehensive Zoning Ordinance No. 85-23A of the City of Wylie, Texas by Amending Section 35 to Provide for Regulations of Posting Property for Zoning Changes. Councilman Trout seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The ordinance was then read into the record. ORDINANCE NO 98-23 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO 85-23A OF THE CITY OF WYLIE,TEXAS,BY AMENDING SECTION 35 TO PROVIDE FOR REGULATIONS OF POSTING PROPERTY FOR ZONING CHANGES;PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;PROVIDING A SEVERABILITY CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE. 3. Consider and Act Upon a Request from R. Richard Parker for Approval of a Zone Change from A (Agricultural) to B-2 (Business) for the Property Generally Located Across the Street from the High School Along the North Side of FM 544 Between FM 1378 and Sanden Blvd., and Being All of a Certain 6.134 Acre Tract out of the J. W. Curtis Survey, Abstract No. 196 and the Michael Millron Survey, Abstract No. 563, City of Wylie, Collin County, Texas. Mr. Tobin Maples, Planning Director addressed this item. Mr. Maples gave an overhead presentation of the proposed property and described the surrounding zoning. Mr. Maples stated that staff mailed nine(9)public comment forms to property owners within 200 feet of the request and received one(1) in support of the request. Mr. Maples explained that per applicants request, Council voted unanimously to withdraw the case as the applicant indicated that he would like to request B-2 instead of I(Industrial). Mr. Maples explained that the Comprehensive Plan recommends industrial for the property and the proposed zoning and land uses are compatible with the Comprehensive Plan as uses permitted within the B-2 zoning district are less intensive than those permitted with the Industrial. Mr.Maples concluded that at the July 6, 1998 Planning and Zoning Meeting, the Commission voted unanimously to favorably recommend this case and that staff recommends approval. Mr. Maples was then available for questions from Council. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the zone change come forward stating their name and address for the record and limit their remarks to five minutes. Mr.Richard Parker,applicant,came forward and stated that his case comes before Council with the full support of the Planning and Zoning Commission and would appreciate Council's support as well. The Mayor then asked that anyone who wished to speak in opposition of the zone change come forward stating their name and address for the record and limit their remarks to five minutes. With no response,the Mayor then closed the Public Hearing. Mayor Pro Tem Worley made a motion to Approve a Request from R. Richard Parker for Approval of a Zone Change from A(Agricultural)to B-2(Business)for the Property Generally Located Across the Street from the High School Along the North Side of FM 544 Between FM 1378 and Sanden Blvd., and Being All of a Certain 6.134 Acre Tract out of the J.W. Curtis Survey,Abstract No. 196 and the Michael Millron Survey,Abstract No. 563,City of Wylie,Collin County,Texas. Councilman Ramsey seconded the motion. A vote was taken and the motion passed unanimously,7-0. The ordinance was then read into the record. City Council Minutes August 11,1998 Page 3 ORDINANCE NO.98-24 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE,AS HERETOFORE AMENDED,SO AS TO CHANGE THE ZONING ON HEREINAFTER DESCRIBED PROPERTY TO B-2 BUSINESS DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;PROVIDING A SEVERABILITY CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE. 4. Consider and Act Upon a Final Plat for Mill Creek Estates, Replat of Lots 1 & 15, Block A, Proposed by Richard and June Nance, Generally Located at the Southeast Corner of Forest Edge Drive and Brentwood Drive and Being all of Lots 1 and 15, Block A, of the Mill Creek Estates Addition, City of Wylie, Collin County, Texas. Mr. Tobin Maples, Planning Director addressed this item. Mr. Maples gave a description of the zoning of surrounding the proposed property. Mr. Maples stated that after review of the plat,it is in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie. Mr. Maples stated that due to the fact that the proposal under consideration is a replat of an existing subdivision zoned for residential uses, state law mandates that the City notify property owners within 200' and hold a public hearing prior to taking action. Public Comment Forms were mailed to thirteen (13) property owners as required by state law. No Public Comment Forms have been returned. Mr.Maples concluded that at the July 6, 1998,Planning and Zoning Commission meeting,the Commission voted unanimously to favorably recommend this case. Mr.Maples was then available for questions from Council. Mr. Maples added that the applicant, Mr. Nance, was unable to make this evenings meeting due to a prior commitment. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the zone change come forward stating their name and address for the record and limit their remarks to five minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the zone change come forward stating their name and address for the record and limit their remarks to five minutes. With no response, the Mayor then closed the Public Hearing. Councilman Scott made a motion to Approve a Final Plat for Mill Creek Estates,Replat of Lots 1 & 15,Block A,Proposed by Richard and June Nance, Generally Located at the Southeast Corner of Forest Edge Drive and Brentwood Drive and Being all of Lots 1 and 15,Block A,of the Mill Creek Estates Addition, City of Wylie, Collin County, Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion passed unanimously,7-0. 5. Consider and Act Upon a Request from Tipton Engineering for Birmingham land, Ltd., for Approval of a Zone Change from R(Retail), B-1 & B-2 (Business), MF (Multifamily), 2F(Two Family), SF-A(Single Family Attached), SF-1, SF-2 & SF-3 (Single Family) to PD (Planned Development)for SF-3 (Single Family), SF-PD (Single Family - 6,000 sq. ft. lots), R (Retail), and MF (Multifamily) for the Property Generally Located at the Northeast Corner of FM 1378 and Brown Street, and Being All of a Certain 640.2 Acre Tract out of the D.W.Williams Survey,Abstract No. 1021,the Charles Atterbury Survey, Abstract No. 2, the J.C. McUlmurray Survey,Abstract No. 629, and the Mercer Phelan Survey, Abstract No. 695, City of Wylie, Collin County, Texas. City Council Minutes August 11,1998 Page 4 Mr. Tobin Maples, Planning Director addressed this item. Mr. Maples gave an overhead presentation of the zoning surrounding the proposed property. Mr. Maples stated that Public Comment Forms were mailed to fifty- eight(58)property owners within 200 feet of the request and that two(2)Public Comment Forms in opposition and one(1)Public Comment Form in support of the request have been returned. The opposition represents 3% of the property within 200 ft. Mr.Maples stated that the Comprehensive Plan recommends Single Family Residential,Multifamily,Retail, and Park/Open Space uses for the property. Mr.Maples stated that staff is of the opinion that the Concept Plan under consideration does not meet the intent of the Comprehensive Plan as the minimum single family residential lot size permitted by zoning is 7,200 square feet. Also,the majority of the open space being proposed is located within the 100 year flood plain. Mr. Maples explained that according to Article IV (Parkland Dedication), Section 78-111 of the Code of Ordinances, areas primarily located within the 100 floodplain are considered unsuitable for dedication. As a result,the proposal under consideration may not comply with the City's Master Parks and Open Space Plan and parkland dedication requirements. Mr.Maples explained the specific variances' to the single family residential development standards. He stated that the applicant is proposing a master planned community encompassing approximately 1,736 detached single family residential units. The minimum lot size being proposed on 770 of the single family lots (44%)is 6,000 square feet. The minimum house size being proposed on said 770 lots is 1,400 square feet. The minimum lot and house size permitted within the SF-3 district are 7,200 square feet and 1,100 square feet respectively. Mr.Maples explained the additional reductions of the single family residential area requested on the 6,000 square foot lots and stated that the applicant has proposed a minimum dwelling size of 1,400 square feet for the 6, 000 and 7,200 square foot lots. The minimum dwelling size permitted within the SF-3 district is 1,100 sq. ft. The applicant has proposed a minimum dwelling size of 1,600 square feet for the 8,500 square foot lots. The minimum dwelling size permitted within the SF-2 district is 1,500 square feet. Mr. Maples described Specific variances' to the multifamily residential development standards. The applicant is proposing 26.63 acres of multifamily use with a minimum dwelling size of 900 square feet. The minimum size for a three bedroom unit in the MF(Multifamily)zoning district is 1,000 square feet. Staff recommends that the applicant clarify whether or not the proposal under consideration incorporates three bedroom units that comply with the City's minimum 1000 square foot requirement. Mr. Maples described specific variances' to the Master Thoroughfare Plan. The Master Thoroughfare Plan indicates that the northern extension of Westgate(Collector Street)traverses this property from Brown Street to Park Boulevard. The Concept Plan under consideration does not provide for said extension of Westgate. Mr. Maples stated that the applicant is aware that the property must be platted prior to the issuance of any building permits. Mr. Maples stated that at the July 27, 1998,Parks Board meeting,the Board voted unanimously to accept the conceptual park land dedication and at the July 20, 1998, Planning and Zoning Commission meeting, the Commission voted unanimously(6-0)to recommend denial of this case,Commissioner Ahrens abstained. There was some discussion regarding the existing tank located on the proposed property and who would assume responsibility. Mr. Maples stated that the applicant may be able to clarify and that it may be proposed that the homeowners maintain responsibility for those areas. Council also expressed concerns regarding the flood plain. Mr. Maples explained that it is procedure that during the platting process,with zoning approval,the applicant would be required to show engineering plans as to how they would remove the water on and off the property without effecting surrounding property owners. City Council Minutes August 11,1998 Page 5 Mr.Pat Atkins,representing the applicant Birmingham Land Limited, addressed Council. Mr. Atkins asked that Council allow him to return to Planning and Zoning with a plan acceptable to all. He suggested meeting with the Commission, City Staff and Council to develop what would be an acceptable development plan. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the zone change come forward stating their name and address for the record and limit their remarks to five minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the zone change come forward stating their name and address for the record and limit their remarks to five minutes. With no response, the Mayor then closed the Public Hearing. The Mayor suggested that Mr.Atkins visit with the Consultants the City has hired to review our Comprehensive Plan as well as the Planning and Zoning Commission and City Staff in order to come up with a workable solution. Mr. Maples advised that it may be 2-3 months before the Committee addresses Land Use issues, and that discussions regarding specific cases could delay the process. Councilwoman Allen made a motion to table the Request from Tipton Engineering for Birmingham land,Ltd., for Approval of a Zone Change from R(Retail),B-1 &B-2(Business),MF (Multifamily),2F(Two Family), SF- A(Single Family Attached),SF-1,SF-2& SF-3 (Single Family)to PD(Planned Development)for SF-3 (Single Family),SF-PD(Single Family-6,000 sq.ft. lots).R(Retail), and MF (Multifamily)for the Property Generally Located at the Northeast Corner of FM 1378 and Brown Street, and Being All of a Certain 640.2 Acre Tract out of the D.W. Williams Survey, Abstract No. 1021, the Charles Atterbury Survey, Abstract No. 2, the J.C. McUlmurray Survey,Abstract No. 629,and the Mercer Phelan Survey,Abstract No. 695, City of Wylie, Collin County,Texas. Councilman Ramsey seconded the motion. A vote was taken and the vote passed unanimously, 7-0. 7. Consider and Act Upon an Appointment of an Additional Member to the Comprehensive Plan Advisory Committee. Mr. Collins stated that staff had inadvertently omitted the name of Mr. Kevin St. John from the list of names originally submitted. Councilman Ramsey made a motion to Appoint Mr. Kevin St. John to the Comprehensive Plan Advisory Committee. Councilwoman Allen seconded the motion. A vote was taken and the motion passed unanimously, 7-0. 8. Consider and Act Upon Accepting the Proposed Ad Valorem Tax Rate and Calculation of an Effective Tax Rate for Fiscal Year 1998/99. Mr. Snellgrove addressed this item. Mr. Snellgrove stated that in accordance with the"Truth-in-Taxation"laws of the State of Texas,notices must be published and a public hearing must be held if an entity's proposed tax rate will raise more revenue (tax levy) than the preceding year. Therefore, the City is required to vote on the proposed tax rate and publish the results of the roll call vote at least seven(7)days prior to the first scheduled public hearing on September 8th. Mr. Snellgrove explained that the purpose of the first public hearing is to give the taxpayers an opportunity to express their views on the increase. He stated that the Council may not adopt the tax rate at this hearing, but at the end of the hearing, Council must set and announce the date,time,and place of the meeting at which it will vote on the final proposed tax rate. City Council Minutes August 11,1998 Page 6 Mr. Snellgrove stated that the second public hearing on September 22nd to vote on the tax rate must take place no less than three (3)days and no more than fourteen(14)days after the first public hearing. Mr. Snellgrove stated that Council's action this evening would set this process in motion. Councilman Scott made a motion to Accept the Proposed Ad Valorem Tax Rate and Calculation of an Effective Tax Rate for Fiscal Year 1998/99 and call for the first Public Hearing on September the 8, 1998. Councilman Young seconded the motion. A vote was taken and the motion passed unanimously, 7-0. Staff Reports Mr. Jack Jones addressed Council and gave an update on the water distribution system. Mr. Jones gave comparison figures from 10:00 p.m. on August 2 and 10:00 p.m. on August 9, 1998. Mr. Jones reported a 5% increase in water level which computes to 16,000 gallons at the South Ballard water tower; a 10%increase,or 75,000 gallons,at the new tower on Dexter Court and an 8%increase at the million gallon storage tank at Nortex Nursery on Brown Street. Mr.Jones stated that the public's awareness has contributed to the surplus of our water supply. Mr.Jones explained that the conservation efforts are necessary to avoid water main breaks. He stated that to date we have had 7 main breaks,and explained how the dry weather and additional pressure of water usage can cause added pressure on the saddles and cause a water main break. Mr. Jones stated that with the dry weather continuing,he recommends that we continue our conservation program for approximately 30 days. Councilman Scott commended staff for bringing forth the situation with the saddles and correcting thereby preventing additional problems. Mr.Brady Snellgrove stated that the bids would be opened on August 12 at 2:00 p.m. for the depository contract and that staff is interviewing for Assistant Finance Director this week. Ms. Manson stated that with regard to the water conservation efforts, flyers were distributed on Friday and Saturday and staff has not received many calls from upset citizens,but primarily from those wanting clarification. Ms.Manson stated that staff should hear news with regard to the grant application from Parks and Wildlife and will keep Council informed. The Mayor commended city staff for their fund raising efforts for Kid Zone, and that the Schools are anxious to distribute information to the children in the Wylie School District. Citizen Participation Ms. Sally Moore,410 N.Jackson-Ms.Moore had concerns regarding the condition of the property at 413 North Jackson. Ms.Moore was concerned that her repeated complaints to city staff members have not been responded to in a timely manner. She stated that she feels the property is health and safety concern and violation of many city codes. She stated that Mr. Maples did visit the property today. Mr. Maples advised Council that he was looking into the situation and would keep Council informed. The Mayor then recessed for five minutes to reconvene into Worksession. City Council Minutes August 11,1998 Page 7 Worksession Comprehensive Code Enforcement Program Ms.Manson,Assistant to the City Manager,presented to Council the Comprehensive Code Enforcement Program to be implemented by City Staff. Ms.Manson presented the Goals and Objectives of the Program and described the elements of Comprehensive Code Enforcement. There was discussion regarding enforcement and specific code violations. Ms. Manson concluded that with Council's approval, Staff would now begin the process of developing specific procedures to implement the Program. Executive Session The Mayor adjourned into Executive Session at 9:20 p.m. in accordance with Chapter 551, Government Code, Vernon's Texas Codes Annotated(Open Meeting Law.) Section 551.071 Discussion with City Attorney on a matter concerning Kansas City Southern Railroad in which the duty of the attorney to the governmental body under the Texas Disciplinary Rule of Professional Conduct of the State of Texas clearly conflicts with this Chapter,and Section 551.075 Conference with City Employees to review information from employees concerning Kansas City Southern Railroad; and Sections 551.071 Consultation with City Attorney; 551.075 Conference with Employees to Discuss Issues Regarding the Future Development of Spring Creek Parkway; and Section 551.074,Personnel Matters,Review of City Manager's Performance Reconvene into Open Meeting There was no action taken as a result of the Executive Session. Adjournment. As there was no further business to come before the Council,the meeting was adjourned. John Mondy, Mayor Attest: Barbara A. Salinas, City Secretary City Council Minutes August 11,1998 Page 8 MINUTES Wylie City Council Special Called Meeting August 27, 1998 Call to Order Mayor John Mondy called the City Council Meeting to order, August 27, 1998 at 8:00 p.m. with the following Councilmembers present: Joel Scott, Reta Allen, Lavern Ramsey, Merrill Young, J.C. Worley, and Chris Trout. Staff members present were: Mike Collins, City Manager; Mindy Manson, Assistant to the City Manager; and Barbara Salinas, City Secretary. Executive Session The Mayor convened_into Executive Session in accordance with Chapter 551, Government Code, Vernon's Texas Codes Annotated (Open Meeting Law), Section 551.075 Conference with City Employees to review information from employees concerning Kansas City Southern Railroad; and 551.075 Conference with Employees to Discuss Issues Regarding the Future Development of Spring Creek Parkway; and Sections 551.075 Conference with Employees to discuss Federal Funding; and Sections 551.072 Deliberations about Real Property. Reconvene into Open Meeting No action was taken as a result of the Executive Session. Adjournment As there was no further business to come before the Council, the meeting was adjourned. John Mondy, Mayor Attest: Barbara A. Salinas, City Secretary Wylie City Council Minutes August 27,1998 Page 1 WYLIE CITY COUNCIL CONSENT AGENDA ITEMtV71. - September 8, 1998 Item B Issue: Consider and Act Upon a Final Plat for the Heatherwood Estates Addition, Proposed by Charles and Tracy Lester, Generally Located at the Northwest Corner of Heatherwood Drive and Lanwood Drive, and Being All a Certain 7.345 Acre Tract Out of the Francisco De La Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas. Background: The final plat under consideration is for the Heatherwood Estates Addition. The applicant is platting 7.345 acres in order to develop the property with 17 single family residential lots. The property is currently vacant, unplatted, and zoned for SF-2 (Single Family Residential) uses. Financial Considerations: Impact fees for 17 lots in the Heatherwood Estates Addition amount to $35,904.00 Other Considerations: Staff has reviewed the proposed plat for the Heatherwood Estates Addition and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie. Commission Recommendation: At the August 17, 1998, Planning and Zoning Commission meeting, the Commission voted unanimously to favorably recommend this case. Staff Recommendation: Approval for Construction. The Department's of Public Works, Fire, and Community Development concur with this recommendation. Attachments: Final Plat Application Final Plat -(its Prepared by Revi d by Financ City Manager Approval Consent Agenda Item Final Plat-Heatherwood Estates Addition Page 1 " 'gage 1 of 3 ` ' City of Wylie 1/95) APPLICATION AND FINAL PLAT CHECKLIST Date fr Name of Proposed Development "LA- Name of Property Owner/Developer / � f �' � �- / S Z • Address /f i\-)00 ` Phone 97Z" 1-Z� •?2r7 . Z€l._ ffi - 77z • &t.t5- Owner of Record S C Address 8/ f st24-Sc. Welk Phone Li-2-1- 7-Z d`-7r Name of Land Planner trtS Q ci Surveyor/Engineer Address / 2 ( /-10-PP w/IAC Phone 177Y2- 7`/-T 7• Total Acreage 7. </ - Current Zoning Number of Lots/Units 7 ( ts - j: -7 ��/ £ rs) - yr Signed The Final Plat shall generally conform to the Preliminary Plat, as approved by the City Council and shall be drawn legibly to show all data on a scale not smaller than 1" = 100' with a graphic scale provided. Six sets of direct prints and three Mylars of all originals, plus one on Mylar to be 17-1/2" x 23-3/4" shall be submitted. Plats prepared using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on diskette to the City. The following Final Plat Checklist is used to check compliance with the Wylie Subdivision Regulations. The following checklist is intended only as a reminder and a guide for those requirements. WYLIE CITY COUNCIL CONSENT AGENDA ITEM September 8, 1998 Item C Issue: Consider and Act Upon a Final Plat for the Park Road Elementary School Addition, Proposed by Glenn Engineering Corporation for the Wylie Independent School District, Generally Located at the Northeast Corner of FM 1378 and McMillen Road and Being All of a Certain 10.799 Acre Tract and All of a Certain .574 Acre Tract Out of the Charles Atterbury Survey, Abstract No. 22, City of Wylie, Collin County, Texas. Background: The final plat under consideration is for the Park Road Elementary School Addition. The applicant is platting 11.373 acres in order to develop the property with an elementary school. The property is currently vacant, unplatted, and zoned for SF-A (Single Family Attached) and SF-2 (Single Family Residential) uses. Financial Considerations: The final plat application fees have been waived. Impact fees for 1 lot in the Park Road Elementary School Addition amount to $24,119.78 Other Considerations: Staff has reviewed the proposed plat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie. Commission Recommendation: At the August 17, 1998, Planning and Zoning Commission meeting, the Commission voted unanimously to favorably recommend this case. Staff Recommendation: Approval for Construction. The Department's of Public Works, Fire, and Community Development concur with this recommendation. Attachments: Final Plat Application Final Plat K./ C,46 repared by ev. ed by Finan City Manager Approval Consent Agenda Item Final Plat-Park Road Elementary School Addition Page I .Page 1 of 3 City of Wylie /95) APPLICATION AND FINAL PLAT CHECKLIST Date l lc)! Name of Proposed Development lZl _' � �-1C�►T Yt { � �-- Name of Property Owner/Developer O LA E Address q 5 i 51/4:x Phone 4-41_-- 544. 4 Owner of Record LU `{ LA C— 1 r7 Address ct \ Phone Name of Land Planner 6 L.6,-1.1 Cd' NYCverc�rJ L I J Surveyor/Engineer Address 101--.) cwz Phone 9 7 Z. -111--S) Total Acreage 10 - 1 t 9 Current Zoning r—' "4," Number of Lots/Units 1 Signe-d 0 c The Final Plat shall generally conform to the Preliminary Plat, as approved by the City Council and shall be drawn legibly to show all data on a scale not smaller than 1" = 100' with a graphic scale provided. Six sets of direct prints and three Mylars of all originals, plus one on Mylar to be 17-1/2" x 23-3/4" shall be submitted. Plats prepared using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on diskette to the City. The following Final Plat Checklist is used to check compliance with the Wylie Subdivision Regulations. The following checklist is intended only as a reminder and a guide for those requirements. WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION • September 8, 1998 Item No. Issue Consider and Act Upon the Approval of the Library Advisory Board Bylaws. Background The Library opened on May 28, 1970 and research into the current Bylaws suggests that they were written in the 1970's. Those Bylaws were amended in November of 1979. (note: The Bylaws were not dated with the exception of the November 1979 revision.) After review, it was determined that the Bylaws did not comply with the current Wylie local ordinances. The Board met in special session on July 27, 1998, to revise the Bylaws. The Board unanimously approved the revisions in the regular meeting on August 10, 1998. The Library Advisory Board used the Public Library Advisory Board Handbook along with samples of other Advisory Board Bylaws as guidelines for the revision. Other Consideration The City Secretary and City Manager reviewed the Bylaws that were revised in special session on July 27, 1998 to ensure that the revisions complied with Wylie's local ordinances and Charter. Article VIII., Section 3-F, of our Charter states, "all board and commissions and committees established or created by this Charter shall set out their own rules and regulations for the operation thereof unless specifically prescribed by the laws of the State of Texas, this Charter, or by ordinances," Financial Consideration N/A Board/Commission Recommendation The Board recommends the approval of the revised Bylaws. Staff Recommendation Staff recommends the approval of the revised Bylaws. Attachment Revised Library Advisory Board Bylaws M(// / -b()Aittt., Cle44%) prep d by br " evi d by Financ City Manager Approval ... Item for Individual Consideration Approval of the Library Board Bylaws Page 1 RITA AND TRUETT SMITH PUBLIC LIBRARY LIBRARY ADVISORY BOARD BYLAWS ARTICLE I Name As authorized by the City Charter, City of Wylie and City Ordinance No. 92-2. This body shall be known as the Rita and Truett Smith Public Library Advisory Board. ARTICLE II Meetings Section 1. The regular meeting of the Library Advisory Board shall be held monthly at the Library unless the Board determines otherwise. Section 2. Special meetings may be called by the Chair or at the call of any two members of the Board, provided that notice thereof be given to all Board members. Section 3. A majority of the members shall constitute a quorum at all meetings of the Board. Section 4. All questions presented for a vote of the Library Board shall be decided by a simple majority of the quorum, including the vote of the Chair. Section 5. Any member of the Board who misses three consecutive meetings without good cause shall be deemed to have resigned, and the Board will recommend to City Council that a replacement be appointed for the balance of the unexpired term. Section 6. Robert's Rules of Order (current edition) shall govern the parliamentary procedure of the Board, in cases to which they are applicable and in which they are not inconsistent with these by-laws. . 1 ARTICLE III Officers Section 1. The officers of the Board shall be a Chairperson, a Vice-Chairperson, and a Secretary. Section 2. Officers shall be elected and take office at the first regular meeting after new Board members have been appointed and sworn in. Section 3. Vacancies in office shall be handled as follows: (a) In the event of resignation or incapacity of the Chair, the Vice-Chair shall become the Chair for the unexpired portion of the term. (b) Vacancies in officers other than the Chair shall be filled for the unexpired term by election from the remaining Library Advisory Board Members. Section 4. Duties of the officers shall be as follows: (a) Chair: (i) Preside at all meetings. (ii) Represent the Library Board at public functions. (iii)Appoint special committees. (iv) Assist Library Director in establishing the agenda for each meeting. Agenda items requested by any Board Member will be included. (b) Vice-Chair: (i) Assist the Chair in directing the affairs of the Board and act in the Chair's absence. 2 (c) Secretary: (i) The secretary will be responsible for recording the minutes. (ii) The Library Director will be responsible for distributing minutes to the, City Council, Library Advisory Board, and City Manager. An official record of attendance will be kept in the minutes. ARTICLE IV Committees Section 1. Committees may be appointed for special purposes by the Chair and with the consent of the majority of the Board. All committees will have at least one Library Board member serving on them. These committees are automatically dissolved upon completion of assignment. Section 2. Progress reports will be given at each Board Meeting and a final report on completion of assignments. ARTICLE V Library Director Section 1. The Library Director shall be an ex-officio member of the Board. Section 2. The Library Director shall have sole charge of the Administration of the Library under the direction and review of the City Council and City Manager. Section 3. The Library Director shall be held responsible for the care of the building and equipment, for the employment and direction of the staff, for the efficiency of the Library services to the public, and for the operations set forth in the annual budget. 3 ARTICLE VI Powers and Duties of Board Members Section 1. Board Members shall: (a) Be appointed by the City Council. (b)Abide by applicable ordinances of the City of Wylie. (c) Act in an advisory capacity to the City Council. City Manager, and Library Director. (d) Recommend policies to govern the operation and program of the Library. (e) Assist in planning and give guidance for expansion of library facilities. (f) Assist in interpreting the policies and functions of the Library Department to the public. Encourage in every possible way the development and advancement of the public library ARTICLE VII Amendments Section 1. These by-laws may be amended by a majority vote at any regular meeting, provided all members have been notified of the proposed amendments at least ten days prior to such meeting. Such amendment would then be subject to approval by City Council. Revised August 1998 4 WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION September 8, 1998 Item No. a, Issue Consider and act upon the award of the City's bank depository contract to American National Bank for a two (2)year period with two (2) one-year extension options. Background City staff issued a Request For Proposal (RFP) for a Bank Depository Contract and hand delivered the RFP to Provident and American National Banks on July 17, 1998. An optional pre-bid conference was held on July 27, 1998 to review the contents of the RFP and to provide an opportunity to ask questions about the contract proposal or the bidding procedures. Provident Bank was the only bidder to appear at this meeting and did not wish staff to review with them any of the detailed requirements of the RFP. The bids for depository services were due on August 12, 1998 at 2 P.M. and the City received proposals from American and Provident banks. Upon receipt of the bids, staff started a review of the RFP's submitted to see if the bidders completed the bid form (the RFP) correctly and provided the requested information necessary to evaluate the proposals. The RFP clearly states what kind of accounts and services are necessary to meet the City's requirements. A mandatory requirement for the City is that all accounts be interest bearing. The RFP specifies the estimated level of activity in major checking accounts, asks what will be the cost of services, how will the services be paid and what is the methodology for calculating interest on city accounts. The RFP form provided fill in the bank spaces for all of the major points of interest listed above and the bidder had the option to respond to those questions on a separate attachment. The Staff did approach both bidders with questions to clarify particular points of what each submitted and to point out that some fill in the blank questions in the RFP were not answered. American National Bank's (ANB) was clearly responsive to the major requirements of Section IV ACCOUNT ACTIVITIES AND BANK CHARGES of the RFP. The main requirements in this section include interest bearing accounts for the Operating and Payroll with unlimited transactions, direct deposit of payroll, detailed costs for banking activity, how payments for services would be made or interest paid on city accounts and the basis of how interest would be calculated on the Operating and Payroll checking accounts. Provident National Bank(PNB) in Section IV ACCOUNT ACTIVITIES AND BANK CHARGES, A. of the bid submitted did not specify that the City's main checking accounts, Operating and Payroll, would be interest bearing and with unlimited transitions. PNB did not respond to Section IV D. Payment for Services and Section IV G. Interest on Money Market Checking Accounts. The issue of direct deposit of payroll was also a consideration from an administrative work load and convenience perspective. ANB provides for electronic transfer of information on the Wednesday proceeding the Friday payroll. PNB requires that a computer disc file be physically delivered to the Dallas Operating Center, etc. Item for Individual Consideration -Bank Depository Contract- Page 1 Background Continued Both of the banks did meet the qualifications in Section IX OTHER STIPULATIONS, F. Selection of . Depositories as it relates to bank rating guidelines. A summary of the bank ratings can be found in the attachment labeled "Bank Depository Contract RFP Analysis". Basically, as specified in the RFP, both banks exceeded the minimum requirement from each of the two rating services with American National Bank receiving a higher rating by both rating services. Financial Considerations Attached to the agenda is an analysis titled "Bank Depository Contract RFP Analysis" which lists the main points of the RFP that relate to cost for services, fill in the blank questions, optional services desired and bank rating guidelines. The above analysis contrasts the two banks where there is sufficient information to make a comparison. There was sufficient information to contrast the cost of services between American and Provident banks. The estimated cost of banking activities is $1,522.50 for American and $3,132.00 for Provident. Due to the lack of responses and key information from Provident Bank, no meaningful comparison can be made on future interest earnings between the two banks. Attached is a four year history of interest paid by American National Bank on the City's accounts. Staff believes that the bid submitted from American National Bank is the only bid which meets all of the criteria for selection as described in Section III CRITERIA FOR EVALUATION ON pages three (3) and four (4) of the RFP. Other Considerations The City Council can reject all bids and instruct staff to start the process over again with a new RFP for selection of a city depository. Another alterative that is open to the City Council is to solicit depository services outside the corporate boundaries of the City of Wylie. Board/Commission Recommendation N/A Staff Recommendation The staff recommends that the City Council accept the bid by American National Bank and approve a Resolution designating the American National Bank as a corporate depository for the City of Wylie. Attachments RFP submitted by American National Bank Bank Depository Contract RFP Analysis Interest Earnings - American National Bank Resolution . kg/ vlichtha Prepared by Revi ed by Finance City Manager Approval Item for Individual Consideration -Bank Depository Contract- Page 2 _ , REQUEST FOR PROPOSAL - - - F - 4 - -1:(4 -1 ILA � it, 1 TY • F W Y L I E BANK DEPOSITORY CONTRACT JULY 1998 TABLE OF CONTENTS ,I. . .INTRODUCTION 2 II. CALENDAR OF EVENTS 3 III. CRITERIA FOR EVALUATION 3 IV. ACCOUNT ACTIVITIES AND BANK CHARGES 4 A. Accounts 4 B. Required Services 5 C. Bank Statements 7 D. Payments for Services 8 E. Daily Reporting 8 F. Funds Availability 8 G. Interest on Money Market Checking Accounts 9 H. Pledge Requirements 9 I. Account Reconcilement Service • 9 J. Automatic Payroll Deposit 9 K. Error Corrections 10 V. COLLATERAL REQUIREMENTS 10 A. Securities Pledged 10 B. Reporting Requirements 10 C. Safekeeping 11 D. Collateral Defined 11 E. Substitutions 12 F. Maximum Amount Offered 12 G. FIRREA of 1989 12 VI. INVESTMENTS 13 VII. SECURITIES CLEARANCE AND SAFEKEEPING OF CITY INVESTMENTS 13 VIII. OVERDRAFTS 14 IX. OTHER STIPULATIONS 14 A. Notices 14 B. Right to Cancel Contract 14 C. Wire Transfers 15 D. Audit 15 E. Open Records 15 F. Selection of Depositories 15 G. Financial Reports 16 H. Merger 15 I. Applicable Laws 16 J. Term on the Contract 16 X. BIDDING INSTRUCTIONS/REQUIREMENTS 17 XI. OTHER MISCELLANEOUS 17 XII. SUBMISSION CHECKLIST 18 APPENDIX 20 CASH ACTIVITY 1 INTRODUCTION The City of Wylie is seeking applications from eligible institutions to be the Banking Services Depository. This includes the basic services of receiving deposits, paying items, wiring funds out, receiving funds wired in, stop payments, and other normal business banking activities. This agreement will not cover any investment transaction activities other than safekeeping services to include receiving and delivering securities, coupon collections, and maturity collections. The City plans to manage its own investment portfolio per its investment policy. The philosophy incorporated into this Request for Proposal (RFP) is to solicit comparable market charges for services provided and to pay for all services provided by the bank. The City also places a great deal of importance on the interest paid on daily deposits above any minimum requirements. The contract period will be two (2) years with two, one-year extension options, beginning with the earliest date the agreement is implemented, and thereafter until the successor depository shall have been duly selected and qualified according to State laws. At the outset, the City wishes to communicate the primary objectives of the depository agreement, an important component of the overall treasury program of the City of Wylie: A. To seek a bank that is both capable of providing banking services and willing to be attentive to the City's money matters; B. To maximize the total dollars earned by the City on account balances in order to be prudent and effective custodians of the taxpayers financial resources; C. To maintain a good working relationship with the Depository Bank; and D. To adequately compensate the Depository Bank for services provided and to allow a reasonable profit to be earned, subject to competitive forces in the market place. This Request for Proposal is intended to serve as the bid form for the Depository agreement. There are several blanks to fill in and questions to answer. Please provide such information on the RFP, or indicate on which attachment it may be found. Please clearly restate the question when supplying answers on any supplemental pages. All points outlined and materials requested should be incorporated into the bidder's reply to be considered for.evaluation. The depository review process will be coordinated by Brady Snellgrove, Finance Director. The City desires to enter into a contract that will maximize the City's interests, yet will be viewed as a good agreement on behalf of the bank. Mr. Snellgrove, Finance Director will Page 2 - Bank RFP ' " be available to answer any questions pertaining to this RFP. His phone number is (972) 442-8141. II. CALENDAR OF EVENTS Target Date Description of Events July 22, 1998 Advertise bank depository notice in the newspaper and distribute Requests for Proposals. July 27, 1998 Optional pre-bid conference for bidders to review RFP contents at 10:00 a.m., at the Wylie Municipal Building, 2000 Highway 78. August 12, 1998 Receive proposals from interested banks. Bids to be opened at 2:00 p.m. at the Wylie Municipal Building, 2000 Highway 78 August 25, 1998 Review recommendation with City Council and award contract. October 1, 1998 (Estimate) New Bank Depository contract period begins. III. CRITERIA FOR EVALUATION The City will review the submitted proposals carefully. The recommendations will be based on the bid determined to be best on behalf of the City and the taxpayers. As an indication of what will be considered in the evaluation of the proposals, the following areas are listed: A. Ability to provide sufficient collateral for deposits. B. Financial stability of the bank as defined in Section IX F., "Other Stipulations". C. Ability to perform the requested services. D. Agreement to points outlined in this RFP E. Cost of banking services F. Rates paid on interest bearing accounts. Page 3 - Bank RFP G: Acceptable safekeeping services. H. Quality of all reports. The City reserves the right to reject any or all proposals and waive any non-material irregularities or information in the proposal. IV. ACCOUNT ACTIVITIES AND BANK CHARGES A. Accounts The City intends to establish the following bank accounts. In order to expedite the process of printing checks and deposit slips, the City requests advance assignment of account numbers. Please fill in all blanks contained in the following paragraphs: Assigned Account Name Type Account No. Operating Money Market Checking 400500005 Payroll Money Market Checking 400500054 4B 96 Revenue Money Market Investment Acct. 401300306 Bond Reserve Animal Money Market Savings 400500104 Shelter/ Library 1994 TX. Checking - no interest 400500021 Com. Dev. Program Sewer Grant Clean Up/ Money Market 401300413 Green Up Investment Account Additionally, the City reserves the right to open or close other accounts as necessary to the municipal operation. Money Market Checking accounts are those accounts which will pay an interest rate on account balances above -0- with a maximum of unlimited transactions. Page 4 - Bank RFP Investment Money Market Savtags accounts are those accounts which will pay an interest rate on account balances above -0- with a maximum of 6 transactions. The Operating Account will constitute almost all of the City's banking business with the City's courier making daily deposits Monday through Friday to this account. Intrabank transfers to reimburse money to other City accounts and most wire transactions will occur in this account. This account will be used to clear all operational checks (other than Payroll) for the City. Most securities clearance and safekeeping activity of investments will be debited or credited against this account. A detailed bank statement will be required, including imaging of all deposit slips and checks and magnetic media for cleared checks. If imaging and magnetic media are not available, all checks returned to the City must be in numeric order. Magnetic media not available. The Payroll Account will be set up to clear only personnel related checks for the City. One check stock will be clearing through the account. The City will require a detailed bank statement including imaging of all deposit slips and checks and magnetic media for cleared checks. If imaging and magnetic media are not available, all checks returned to the City must be in numeric order. The City requires Direct Deposit Service from the Bank. Magnetic media not available. B. Required Services Volume. The volume estimates listed in this section are based on activity in all bank accounts. The services requested to be made available to the City include, but are not limited to, the following: Fee Charged Estimated Description Per Unit Volume of Service * 2 Money Market Checking * 1 Non-Interest Bearing Checking * 2 Money Market Investment * 1 Money Market Savings No Charge 6 Bank Statement No Charge 6/month First original bank statement per account. *Subject to Account Analysis. . .See attached Fee Schedule. Page 5 - Bank RFP No Charge- 2/year Extra statements * 100/month Credit posting (84 in Jan, 16 May) * 650/month Debit posting (480 in Jan, 469 May) * 20/month Return Items Reclear * 10/month Return Items Reclear Total 100/year Wire Services * 50/year a) Incoming Sub-total 50/year b) Outgoing (Excludes Activities in Safekeeping Account) N/A 50/year 1) Repetitive by computer * 15/year 2) Repetitive by phone N/A 15/year 3) In-bank Repetitive by computer No Charge 15/year 4) In-bank Repetitive by phone No Charge 30/year 5) ACH transfers 24/year Stop Payment Requests No Charge a) By phone or Fax N/A b) Automated Request by terminal No Charge 1500/year Deposit slips printed No Charge Yes Coin wrappers furnished No Charge 2 Night Depository Bags No Charge 5 Zipper Bags No Charge 1 Box Safe Deposit Box (10x10) No Charge 5/year Cashier's Checks NO Charge 12/year Research Hours *Subject to Account Analysis. . .See attached Fee Schedule. Page 6 - Bank RFP No Charge Cost of collateral pledged by bank Average for (Quote in $100,000 increments) 6 Accounts N/A 6 Accounts PC On-line Balance Reporting A) Maintenance B) Account Charge C) Transaction Detail * 6 Accounts FDIC Insurance cost Bi-weekly Fees for Direct Deposit Employees, Total Payroll = $75,000 ** a) Maintenance Charge b) ACH Settlement c) Other Charges (Describe) *** 1 Account Securities clearing and safekeeping a) Maintenance Charge b) Short-term or long-term investment receipt fees c) SK valuation per $1,000 List other applicable bank charges. These are estimates that represent projected volumes for the next year. Except as noted above, checks will be purchased separately by the City of Wylie. The checks will be printed by a major printing company. C. Bank Statements For reconciliation of the City Bank accounts the following will be required: 1. Bank statements on all accounts shall be rendered within five (5) working days after the close of the calendar month. The statements must include all activity occurring on the last day of the month. The City also requires imaging of all deposit slips and checks and magnetic media for cleared checks. If imaging and magnetic media are not available all checks returned to the city must be in numeric order. All account statements should include debit/credit advices. For the Operating and Payroll accounts, the City requires a bank statement reflecting all items paid in serial number order and all deposits in date order. *Subject to Account Analysis. ..See attached Fee Schedule **See attached Fee Schedule Pagel - BankRFP • ***Safekeeping at no charge if purchased through ANB Brokerage Department. D. Payments for Services The City intends for the bank to be compensated on a direct fee basis for all account services provided by the bank, as set forth in section IV-B. The bank shall debit the appropriate accounts on a monthly basis. If the bank uses a method other than the one described above, please provide an explanation. Bank will provide Account Analysis for all accounts. Accounts with excess earnings will be applied to accounts which would incur service charge. Service charge will be incurred only if deficient balance exists after netting all accounts earnings and charges. The City shall require account analysis each month no later than fifteen(15) business days after the end of each calendar month which shall clearly show volume counts, fees charged, and total prices for servicing the account. The account analysis shall also show average ledger balances, average uncollected funds, average collected balances, interest rates and the amount of interest paid or credited to the account. Please attach a sample Account Analysis Statement. Fees charged to the City directly from the bank are not subject to change for the length of this contract. Safekeeping fees for the City's investment securities shall also be set up on account analysis and paid monthly. The City requires that all charges for securities clearance and safekeeping, including fees passed on from the Federal Reserve Bank, be on account analysis and not be deducted from each security settlement. E. Daily Reporting The City requires a PC on-line balance reporting system that will provide the daily ending ledger and collected balances from the prior day for all accounts, a detail of the prior day's debits and credits, and current day ACH report. *N/A*.. . .Telephone inquiry system available. F. Funds Availability The City shall receive same-day ledger credit for all funds deposited by 3:00 p.m. and receive collected credit on the same day as the Bank receives collected credit. Please attach a proposed availability schedule. The funds shall be investable for any investment transactions that can be executed. If not invested, the funds shall earn interest at whatever rate is being paid for Money Market accounts. Page 8 - Bank RFP G. Interest on Money Market Checking Accounts Please provide a detailed explanation of the bank's policy and methodology used in the setting of rates paid on money market checking and savings accounts. Specify whether there is a separate rate quoted on public funds versus the rate quoted for corporations and individuals, and if so, why. Also, provide a schedule of all rates paid on money market checking accounts since January 1, 1996. Specifically indicate if the rates are applied to the ledger balances or collected balances, and whether it is computed daily or monthly. Indicate when the rates change, and if they are based on a market rate such as the T-Bill discount or bond equivalent yield rate. List minimum ledger and collected balances required to earn interest. Does the bank offer a fixed rate of interest if the City agrees to maintain a specified collected balance? Specify the minimum interest rate which will be paid to the City. Surveys covering both the 25 largest institutions in the North Texas area and competition in the local market territory are analyzed each week. Rates on Public Funds are the same as those paid to corporations and individuals. Interest is compounded daily based on collected balances. Interest rates may change as often as weekly and are based on an analysis of the above described surveys. No minimum balance is required to earn interest. We do not offer a fixed interest rate nor a minimum rate. Money Market Checking rate has been 1 .75% since 1-1-96. H. Pledge Requirements The average combined ledger balances of the accounts are estimated to be $500,000 and the maximum ledger balances are estimated to be $1,000,000. Amounts above $1,000,000 shall be invested under the direction of the City. I. Account Reconcilement Service Please describe the Account Reconcilement service offered by the bank and attach a sample reconcilement statement. N/A J. Automatic Payroll Deposit (Direct Deposit) Please describe the bank's procedure for this service and list appropriate cut-off times that would apply. State whether the bank would offer any type of special checking or money market accounts for City employees. See attached brochure for product procedures. Cut off is 2 days prior to effective date at 11 :00 a.m. City employees would be offered checking with one-half of regular service charge plus first 200 checks free. Page 9 - Bank RFP K. Error Corrections The City intends to deposit all funds directly to the depository bank by courier. The City will deposit checks in batches with a tape run for each batch. If item processing discovers an error in the deposit, then the City requires a credit or debit advice to be mailed to the City immediately after the account has been adjusted with appropriate documentation attached to justify the correction. Appropriate documentation is considered to be a copy of the City's tape with the item in question marked and a copy of the check in question. V. COLLATERAL REQUIREMENTS A. Securities Pledged As security for the deposits of the City of Wylie, the bank shall pledge to the City securities equal to the largest total ledger balances the City of Wylie maintains in the bank, less the amount of coverage provided by the Federal Deposit Insurance Corporation (F.D.I.C.). The average level of collateral required is $500,000. During prime tax collection periods for the City, which occur in the latter part of December, January, and early February, the ledger balance may reach a maximum of$1,500,000. Additionally, at times, the City may maintain over $1,500,000 in its account in anticipation of debt service payments which must be made by 10:00 a.m. on the due date. The securities comprising the pledge shall be valued at market. The securities so pledged, the amounts thereon and the time for pledging same shall satisfy the requirements of Chapter 2257, Collateral For Public Funds, Government Code Title 10., and any subsequent statutes passed under Texas law. Securities purchased by the depository bank under the terms of a Repurchase Agreement are not acceptable as collateral to the City of Wylie. B. Reporting Requirements The bank shall provide the City a report of securities pledged at the end of each month or at any time requested by the Finance Director or a designated representative. This report should reflect the following information at the end of each month: Total pledged securities itemized by: 1. Name 2. Type/description/CUSIP number 3. Par value Page 10 - Bank RFP 4. Market value at month end 5. Maturity date 6. Moody's or Standard and Poor's rating If the market value of the pledged securities falls below the ledger balances of the City's four accounts at any time, the City will require additional securities to be pledged to maintain 100% collateral. C. Safekeeping The securities pledged shall be held in safekeeping under the name of the Depository Bank and pledged to the City of Wylie. Safekeeping must be done at the Federal Reserve Bank or with a third party custodial bank. The City will require a signed three-party agreement for safekeeping. The original copy of all security receipts shall be filed with the Finance Director of the City of Wylie. The City shall reimburse the Depository Bank for all charges associated with pledged collateral at the fee rate bid in Section IV-B of this RFP. Please submit a copy of the safekeeping agreement with the Federal Reserve Bank to be used in the event you are awarded the Depository Bank contract. The safekeeping agreement shall clearly state that the Federal Reserve Bank is instructed to release the collateral to the City of Wylie if the City has determined that the bank has failed to pay on any accounts, has been closed by a regulatory authority, or is in default of this agreement, and if the instructions for release have been formally requested by the City Council by ordinance or resolution. The safekeeping agreement shall have signatories from the Federal Reserve Bank, as Trustee, the Depository Bank, and the City of Wylie. D. Collateral Defined The City of Wylie will accept only the following securities as collateral: 1. FDIC and FSLIC insurance. 2. A bond, certificate of indebtedness, or Treasury note of the United States or other evidence of indebtedness of the United States that is guaranteed as to principal and interest by the United States. 3. Obligations, the principal and interest on which, are unconditionally Page 11 - Bank RFP guaranteeed or insured by the State of Texas. 4. A bond of the State of Texas or of a county, city or other political subdivision of the State of Texas having been rated as investment grade (investment rating no less than "A" or its equivalent) by a nationally recognized rating agency with a remaining maturity of then (10) years or less. E. Substitutions Any substitutions of the securities or reductions in the total amount pledged shall be made only by and with the proper written authorization approved by the Finance Director or a designated representative. All securities to be pledged are subject to approval by the City of Wylie. Any state or local government securities (municipals) pledged to the City shall have a rating of "Al" or better by Moody's Investor Services. F. Maximum Amount Offered Please state the maximum amount of pledged securities which the bank is willing or able to commit for collateralized Money Market accounts throughout the contract period. $20,000,000 (not less than $2,500,000). G. FIRREA of 1989 The Financial Institution Reform, Recovery and Enforcement Act(FIRREA) of 1989 sets forth certain requirements to validate a collateral agreement (that is, to perfect the City's security interest in the collateral supporting the City's deposits). Specifically, FIRREA says: *The agreement must be in writing, *The agreement has to be executed by the depository institution and the depositing entity making the claim contemporaneously with the acquisition of the asset. *The agreement must be approved by the Board of Directors or the loan committee of the institution. *The agreement has been an official record of the institution continuously since its execution. The City of Wylie will require a written collateral agreement and that the bank will provide certified resolutions of its loan committee that the bank has approved the collateral agreement with the City. Page 12 - Bank RFP VI. INVESTMENTS The City of Wylie intends to manage its own investment portfolio, therefore, the City reserves the right to withdraw, from time to time, any amount of funds of the City that are deposited in any City account and to invest those funds in accordance with the City's investment policy. VII. SECURITIES CLEARANCE AND SAFEKEEPING OF CITY INVESTMENTS Investment securities purchased by the City will be delivered by either book entry at the Federal Reserve or physical delivery to the depository bank's correspondent New York bank as outlined below. A. The purchase and sale of all securities shall be on a delivery versus payment or payment versus delivery basis (i.e., for securities purchases, monies will not be released by the City's safekeeping bank until securities are received at the Federal Reserve Bank or further credit to the City's safekeeping bank. In the case of securities sales, monies will be received by the City's safekeeping bank via the Federal Reserve Bank as the securities are simultaneously released to the purchaser). In this manner, the City will always have possession of either its securities or its monies. B. All physical delivery securities (those transferred by physical delivery) shall be held by the depository's correspondent bank in New York City. The City's depository bank shall issue a safekeeping receipt to the City evidencing that the securities are held by the depository's correspondent bank for the City. C. The City will send written instructions to the securities clearance department for each transaction. Most of these instructions will be sent by facsimile to assure the timeliness of the operation. The City expects the bank to give prompt notification of any settlement problems, including securities delivered where the instructions do not match or where instructions have not been given to the bank. D. All securities shall be perfected in the name of the City. All book entry securities owned by the City shall be evidenced by a safekeeping receipt issued to the City and signed by the appropriate officer at the safekeeping bank stating that the securities are held in the Federal Reserve System in CUSTOMER ACCOUNT/02 naming the City as the "Customer". In addition, the safekeeping bank will, when requested, furnish a copy of the delivery advice received by the safekeeping bank from the Federal Reserve Bank. E. The original safekeeping receipt for each transaction, including purchased securities Page 13 - Bank RFP under a Repurchase Agreement, will be forwarded to the Director of Finance or his designated representative. VIII. OVERDRAFTS The City does not intend to have an overdraft position on any of its bank accounts singly or net throughout the course of the Depository contract. In the event of a check or checks presented for payment on any City account where there are insufficient funds available for payment, the City will require the Depository Bank to pay said checks and promptly notify the Finance Director or designated representative of the existence of the overdraft situation. The City agrees to cover the overdraft within one business day. Define whether the bank would consider an overdraft to be a negative balance in any individual City account or a negative balance in the four City accounts collectively. Should an overdraft occur, what stipulations would apply? Overdrafts only if net balance of all accounts is negative. Charge would be same as short term than rate NSA_ Prime)_ The City does not intend to have daylight overdrafts; however, if the City both sells and purchases securities in the same day, depending in what sequence the wires are received, a daylight overdraft could be created. Describe you bank's policy in such an event, and what charges, if any, would be made to the City's account? What is the amount of the ceiling which limits daylight overdrafts for your bank? No daylight overdraft restrictions or charges. IX. OTHER STIPULATIONS A. Notices The successful bidder shall notify the City in writing within ten (10) days of any changes in Federal or State regulations or laws that would thereafter affect the depository agreement. The bank shall also notify the City of any services that become available to the City throughout the contract period. B. Right to Cancel Contract In the event it becomes illegal under the provisions of any Federal statute of regulation for the Bank to pay interest in the manner outlined in the RFP, the City expressly reserves the right and privilege to cancel the contract and to re-bid the depository services. Page 14 - Bank RFP C. Wire Transfers Notification to the City of incoming wire transfers or problems with outgoing wire transfers shall be made within one hour of the transaction. The City requires two authorized employees' signatures to be on repetitive wire set-up paperwork. All authorized employees should be issued a personal identification number to initiate wires. If the wire is non-repetitive, the City requires the bank funds transfer personnel to call the City back and specifically request to speak to an authorized employee, other than the person initiating the wire, to achieve verification that the wire is authorized prior to releasing it. D. Audit The bank's records relating to the City of Wylie's accounts shall be open to review by either City staff members or City-appointed independent auditors during normal business hours. E. Open Records The bank's records of City transactions may be considered public records pursuant to the Texas Open Records Act. F. Selection of Depositories The City shall maintain a list of authorized banks and savings and loans which are approved to provide Certificates of Deposit. To be eligible for authorization, a bank or savings and loan must be members of the FDIC and meet the minimum credit criteria (described below) of a credit analysis provided by a commercially available bank rating service such as Prudent Man Analysis, Inc., or Sheshunoff Public Finance Bank Rating Service. Banks or savings and loans failing to meet the minimum criteria or, in the judgement of the Finance Director, no longer offer adequate safety for the City, will be removed from the list. Bank rating guidelines will be calculated using publicly available information obtained from the Federal Reserve, the Comptroller of the Currency, or the banking institution itself. Data obtained from bank rating services will include factors covering the following: overall rating, liquidity policy, credit risk policy, interest rate policy, profitability and capital policy. Financial institutions selected to issue certificates of deposit to the City in excess of $100,000 or that are selected as Safekeeping or Custodial agents or selected as the Banking Services Depository for the City shall meet the following criteria: 1) have a Sheshunoff Public Finance Peer Group Rating of thirty or better on a scale of zero to one hundred with one hundred being the highest rating at the time of selection or 2) have a Prudent Man Express Analysis overall rating of three or better on a scale of one to five with one being the highest quality for the most recent reporting quarter before the time of selection, and 3) qualify as a depository of public funds in the State of Texas. Page 15 - Bank RFP The Director shall maintain a file of the credit rating analysis reports performed for each approved firm. In addition to the foregoing requirements, with respect to bond proceeds and reserves or other funds maintained for debt service purposes, a depository of such funds must be selected by competitive bidding by two banks located within the boundaries of the City or if there are not two banks available within the City's boundaries that are willing and able to accept such deposits, then at least three bids must be obtained from banks situated in Collin County that are willing and able to accept such deposits. G. Financial Reports The proposing bank shall submit a copy of the last annual fmancial statements along with the last quarterly FDIC call report. The successful bidder shall provide to the City each quarterly call report (Schedule RC only), each quarterly and annual fmancial report to the shareholders and any public information concerning changes in the ownership, management, or financial position of the bank or its parent. H. Merger Not withstanding any other provision of this agreement which may be to the contrary, this agreement and the respective rights and obligations of the parties hereunder shall remain in full force and effect and not otherwise be affected by a merger of the bank. I. Applicable Laws This contract is governed by the laws of the State of Texas. Venue shall be exclusively in Collin County. J. Term on the Contract The beginning date of the bank depository contract will be established after City Council approves the awarding of the contract, to be effective for a period of two years. If mutually agreed upon by the City and the bank, the contract period may be extended up to one year, not to exceed two extensions; however, the agreement to extend must be reached at least 90 days prior to the end of the contract or the most recent extension. Page 16 - Bank RFP • X. BIDDING INSTRUCTIONS/REQUIREMENTS A. Sealed proposals clearly marked "Bid for Depository Contract" should be delivered to the following person by 2:00 p.m., August 12, 1998. Jim Holcomb Purchasing Agent City of Wylie 2000 Highway 78 North Wylie, TX 75098 NO BID SHALL BE RECEIVED AFTER 2:00 P.M. LATE BIDS WILL BE RETURNED UNOPENED B. The proposing bank should use this RFP form as the Official Bid Form to submit rates and answer questions. Any alternations, changes or deletions to this RFP may be reason for the City to disregard and reject the proposal. Additional pages should be attached as needed and should reference the question to which a response applies. C. The City reserves the right to request additional information or to meet with representatives from proposing banks to discuss points in the proposal before and after submission, any and all of which may be used in forming a recommendation and the contractual depository agreement. D. The City reserves the right to reject any and all proposals. E. The bidder states that it is a banking institution chartered under laws of the United States or of the State of Texas. XI. OTHER MISCELLANEOUS A. The City of Wylie shall require a review meeting at least once every six months to evaluate the working relationship between the City and the Depository and the Depository Bank. The objective shall be to address any problems and to discuss the procedures involved in protecting the City's funds and pledged collateral. B. The final appointment of a Depository Bank shall be made by the Wylie City Council. The bidder may be required to enter into a contract which incorporates all of the obligatory points in this RFP. Otherwise, an ordinance shall be adopted accepting the bank's completed RFP as the Official Bid Form with accompanying related schedules and materials called for in this RFP. Page 17 - Bank RFP *C. This RFP has been reviewed and approved by the Director of Finance. D. This Request for Proposal has been duly advertised and is being offered for consideration to all interested banks inside the corporate limits of the City of Wylie. E. Upon being awarded the contract, the Depository Bank shall designate, in writing, an individual to be the official contact person for all correspondence. The City of Wylie's official contact person will be at 442-8141. The Depository Bank shall be responsible for training and communicating the terms of this contract to the Bank Employees. F. This proposal is being submitted by the following person duly authorized to act on behalf of the bank:�/ r SrGam/ s J 1 j�' S r- C lif Officer's ame a Title (Please Print) Off cer's Siena re �I p l _ �Mef—fc /1 , 4-� &, K of /.e,(A-S Name of Bank Date P.e. 4oX y % /Tx 2s7 ' ` . .561,>2 // Address and Telelione Number XII. SUBMISSION CHECKLIST A. Completed and signed RFP B. Sample bank statement C. Sample partial account reconciliation statement D. Availability of funds schedule with a clear explanation of deadlines E. Sample account analysis statement F. Explanation of basis for Money Market rates G. Sample monthly collateral report " _" H. Sample safekeeping agreement with the Federal Reserve for collateral. Page 18 - Bank RFP I. Sample safekeeping agreement with the Depository Bank for the City's investment securities J. Sample funds transfer agreement K. Sample stop-payment agreement L. Annual financial statement of the bank along with the last two quarterly FDIC call reports Page 19 - Bank RFP CITY OF WYLIE MONTHLY CASH FLOW MONTH END BALANCES AVERAGE LEDGER AND COLLECTED BALANCES JULY 97 THROUGH JUNE 98 MONTHLY MONTHLY CASH FLOW JULY 97 AUG 97 SEP 97 OCT 97 NOV 97 DEC 97 JAN 98 FEB 98 MAR 98 APR 98 MAY 98 JUNE 98 AVERAGE MONTHLY REVENUES 745,485 821,820 837,734 651,821 861,396 1,969,018 2,135,008 3,356,606 607,756 1,695,017 865,402 1,439,020 1,332,174 MONTHLY EXPENDITURES 1,008,772 1,527,720 1,149,433 755,207 1,050,161 1,556,258 1,610,561 3,640,454 703,589 2,551,760 961,226 877,795 1,449,411 ENDING CASH BALANCE c OPERATING ACCOUNT 367,440 234,764 64,382 32,160 42,032 505,043 228,018 ' 235,484 97,067 303,295 810,605 346,025 272,192 PAYROLL ACCOUNT 72,452 8,238 8,333 8,335 7,900 74,939 8,175 8,180 8,187 8,195 8,141 8,150 19,102 AVERAGE LEDGER AND COLLECTED BALANCES OPERATING: AVG LEDGER BALANCE 464,347 287,194 227,540 197,487 187,749 354,291 419,115 600,905 275,169 403,618 373,600 408,168 349,932 AVG COLLECTED BALANCE 418,447 267,631 211,503 179,336 172,452 338,398 39,107 585,025 260,461 378,194 361,176 353,322 297,088 PAYROLL: AVG LEDGER BALANCE 25,593 23,110 23,242 19,965 25,867 25,609 26,376 25,375 25,298 26,283 26,756 26,757 25,019 AVG COLLECTED BALANCE 25,592 23,110 23,242 19,965 25,867 25,609 26,376 14,275 25,298 26,283 26,756 26,757 24,094 BANK DEPOSITORY CONTRACT RFP ANALYSIS AMERICAN PROVIDENT SERVICE VOLUME PER ITEM TOTAL TOTAL PER ITEM IV ACCOUNT ACTIVITIES AND BANK CHARGES; A. ACCOUNTS-DESCRIBES THE PRIMARY BANK ACCOUNT TYPES DESIRED BY THE CITY. MONEY MARKET CHECKING ACCOUNTS:FILL ACCEPTABLE NOT ACCEPT. (1) IN THE BLANKS. (1)DID NOT NOT BID REQUSESTED ACCOUNT TYPE. HONEY S:FILL ACCEPTABLE ACCEPTABLE IN THE BLANKS. IMAGING FOR CLEARED CHECKS AND DEPOSIT SLIPS. YES NO MAGNETIC MEDIA FOR CLEARED CHECKS. NO YES B.REQUIRED SERVICES: MONEY MARKET CHECKING 2 7.50 15.00 0.00 N/C NON-INTEREST BEARING CHECKING 1 7.50 7.50 10.00 10.00 MONEY MARKET INVESTMENT 2 7.50 15.00 0.00 N/C MONEY MARKET SAVINGS 1 7.50 7.50 0.00 N/C SUB-TOTAL 45.00 10.00 BANK STATEMENTS 6 N/C 0.00 0.00 N/C -- FIRST ORIGINAL BANK STATMENT 6/MONTH N/C 0.00 0.00 N/C PER ACCOUNT EXTRA STATEMENTS 2/YEAR N/C 0.00 2.00 1.00 SUB-TOTAL 0.00 2.00 CREDIT POSTING 100 MONTH 0.25 25.00 20.00 0.20 DEBIT POSTING 650 MONTH 0.15 97.50 97.50 0.15 RETURN ITEMS RECLEAR 20 MONTH 3.00 60.00 100.00 5.00 RETURN ITEMS RECLEAR 10 MONTH 3.00 30.00 50.00 5.00 SUB-TOTAL 212.50 267.50 WIRE SERVICES INCOMING 50 YEAR 10.00 500.00 250.00 5.00 OUTGOING 50 YEAR 10.00 500.00 500.00 10.00 REPETITIVE BY COMPUTER 50 YEAR N/A 0.00 0.00 N/A REPETITIVE BY PHONE 15 YEAR N/C 0.00 0.00 N/C IN-BANK REPETITIVE BY COMPUTER 15 YEAR N/A 0.00 0.00 N/C IN-BANK REPETITIVE BY PHONE 15 YEAR N/C 0.00 0.00 N/C ACH TRANSFERS 30 YEAR N/C 0.00 0.00 ? SUB-TOTAL 1,000.00 750.00 STOP PAYMENT REQUESTS 24 YEAR BY PHONE OR FAX N/C 0.00 480.00 20.00 AUTOMATED REQUEST BY TERMINAL N/A 0.00 0.00 N/A .. SUB-TOTAL 0.00 480.00 BANKBID.WK4 08/31/98 09:23 AM 1 BANK DEPOSITORY CONTRACT RFP ANALYSIS AMERICAN PROVIDENT SERVICE VOLUME PER ITEM TOTAL TOTAL PER ITEM DEPOSIT SLIPS PRINTED 1500 YEAR 0.00 0.00 0.00 0.00 COIN WRAPPERS FURNISHED YES 0.00 0.00 YES _ NIGHT DEPOSITORY BAGS 2 N/C 0.00 40.00 20.00 ZIPPER BAGS 5 N/C 0.00 25.00 5.00 SAFE DEPOSIT BOX(10 x10) 1 N/C 0.00 0.00 0.00 CASHIERS CHECKS 5 YEAR N/C 0.00 12.50 2.50 RESEARCH HOURS 12 YEAR N/C 0.00 240.00 20.00 hour SUB-TOTAL 0.00 317.50 COST OF COLLATERAL PLEDGED BY AVG.FOR N/C 0.00 0.00 N/C BANK(quote in$100,000 increments) 6 ACCOUNTS PC ON-LINE BALANCE REPORTING: N/A N/A MAINTENANCE ACCOUNT CHARGE TRANSACTION DETAIL FDIC INSURANCE COST 6 ACCOUNTS N/C 0.00 0.00 N/C SUB-TOTAL 0.00 0.00 FEES FOR DIRECT DEPOSIT EMPLOYEES: MAINTENANCE CHARGE 26 10.00 260.00 1,300.00 50.00 ACH SETTLEMENT 50 0.10 5.00 5.00 0.10 OTHER CHARGES: RETURNED ITEMS 3.00 0.00 0.00 N/C SET UP&TRAINING 150.00 0.00 0.00 N/C SUB-TOTAL 265.00 1,305.00 TOTAL BANK CHARGES FOR ESTIMATED ACTIVITIES GRAND TOTAL 1,522.50 3,132.00 C.BANK STATEMENTS-REQUIREMENTS: 1. IMAGING OF CLEARED CHECKS YES NO 2. IMAGING OF DEPOSITS SLIPS YES NO 2. MAGNETIC MEDIA FOR CLEARED CHECKS NO YES NOTE-IMAGING SERVICES IS THE HIGHER PRIORITY. D.PAYMENT FOR SERVICES: RESPONDED (2) NO D.IS A MAJOR FILL IN THE BLANK OR A RESPONSE WRITEN ATTACHMENT IS REQUIRED. (THIS SECTION DISCUSSES HOW THE BANK WILL BE COMPENSATED.) (2)ANB WILL PROVIDE ACCOUNT ANALYSIS FOR ALL ACCOUNTS.ACCOUNTS " WITH EXCESS EARNINGS WILL BE APPLIED TO ACCOUNTS WHICH WOULD INCUR SERVICE CHARGE.SERVICE CHARGE WILL BE INCURRED ONLY IF DEFICIENT BALANCE EXISTS AFTER NETTING ALL ACCOUNTS EARNINGS AND CHARGES. BANKBID.WK4 08/31/98 09:23 AM 2 BANK DEPOSITORY CONTRACT RFP ANALYSIS AMERICAN PROVIDENT SERVICE VOLUME PER ITEM TOTAL TOTAL PER ITEM E.DAILY REPORTING: 1.PC ON-LINE BALANCE REPORTING SYSTEM N/A N/A IS PREFERRED. 2.DAILY FAX-ACCOUNT ACTIVITY YES ? 3.TELEPHONE INQUIRY YES YES G.INTEREST ON MONEY MARKET CHECKING ACCOUNTS: RESPONDED (3) NO F.IS A MAJOR FILL IN THE BLANK OR A BELOW RESPONSE WRITEN ATTACHMENT IS REQUIRED. (THIS SECTION DISCUSSES HOW THE BANK WILL BE COMPENSATE THE CITY BY PAYING INTEREST ON THE OPERATING ' AND PAYROLL CHECKING ACCOUNTS.) (3)DETAILED NOTE IN SECTION G.,PAGE 9 OF ANB RFP RESPONSE. I.ACCOUNT RECONCILEMENT SERVICE N/A N/A J.AUTOMATIC PAYROLL DEPOSIT(DIRECT DEPOSIT); YES YES CUT-OFF DEADLINES ARE THE SAME FOR BOTH BANKS. TRANSFER OF DATA TO ANB IS BY MODEM. TRANSFER OF DATA TO PNB IS BY DELIVERY OF DISKETTE BY CITY TO DOWNTOWN DALLAS. V. COLLATERAL REQUIREMENTS F.MAXIMUM AMOUNT OF COLLATERAL OFFERED(BY BANK). 20,000,000.00 3,000,000.00 FILL IN THE BANK RESPONSE. VIII OVERDRAFTS NOTE,CITY WILL COVER AN OVERDRAFT WITHIN ONE BUSINESS DAY. FILL IN THE BLANK QUESTIONS: 1.OVERDRAFTS, YES YES CHARGE? YES ? 1.DAYLIGHT OVERDRAFTS, YES NO CHARGE? NO BANKBID.WK4 08/31/98 09:23 AM 3 BANK DEPOSITORY CONTRACT RFP ANALYSIS AMERICAN PROVIDENT SERVICE VOLUME PER ITEM TOTAL TOTAL PER ITEM IX.OTHER STIPULATIONS F.SELECTION OF DEPOSITORIES BANK RATING GUIDELINES: 1.SHESHUNOFF PUBLIC FINANCE PEER 49 36 GROUP RATING(SPFPGR). RANKING IS FROM 0 TO 100,WITH 100 THE HIGHEST. CITYS REQUIREMENT IS A RANK OF 30 OR BETTER. 2.PRUDENT MAN EXPRESS ANALYSIS(PMEA). 2 3 RANKING IS FROM 1 TO 5,WITH 1 THE HIGHEST. CITY'S REQUIREMENT IS A RANK OF 3 OR BETTER. N/C=NO CHARGE N/A=NOT AVAILABLE N/R=NO RESPONSE BANKBID.WK4 08/31/98 09:23 AM 4 T F INTEREST EARNINGS - AMERICAN NATIONAL BANK - COVERING A FOUR YEAR PERIOD MM CHECKING MM CHECKING MM SAVINGS CHECKING MMIA MMIA TOTAL OPERATING PAYROLL ANIMAL SHELTER TCDP 4B CLEANUP INTEREST 8-94-7/95 13,334.43 20.63** 441.03 0.00 0.00 0.00 13,766.09 8-95-7/96 10,477.52 296.92 471.07 0.00 2,389.75 0.00 13,635.26 8-96-7/97 8,452.29 307.03 404.27 0.00 12.70 22.13 9,198.42 8/97-7/98 4,551.06 360.77 418.99 0.00 13.00 73.23 5,417.05 36,785.30 985.35 1,735.36 0.00 2,415.45 95.36 42,016.82 **INTEREST ON PAYROLL ACCOUNT NOT AVAILABLE FOR 9194-7/95 PA MKRfl Vn/K4 CAK)2/98 11:43 AM RESOLUTION 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS DESIGNATING THE AMERICAN NATIONAL BANK AS A CORPORATE DEPOSITORY FOR THE CITY OF WYLIE; AND SPECIFYING PROCEDURES AND PROVIDING AUTHORITY FOR MAKING OF DEPOSITS, WITHDRAWALS, AND LOANS WITH SAID BANK WHEREAS,the City Council did by unanimous vote at it's regular meeting of September 8, 1998,authorized and approve the American National bank(Bank) as a depository for the City; and, WHEREAS, such approval was in the form of accepting the proposal for banking services submitted by Bank; WHEREAS, such acceptance constitutes a legally binding agreement between the City and the Bank,the Bank requires further formal designation of its being the official depository of the City, as established by Resolution of the City; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: RESOLVED,Than an account shall be established in the name of this Corporation with the American National Bank, under the rules and regulations as prescribed by said Bank, wherein may be deposited any of the funds of this Corporation, whether represented by cash, checks, notes or other evidences of debt, and from which deposit withdrawals, are hereby authorized in the name of the Corporation by any two (2) of the following persons: Mike Collins, City Manager, or his temporary or permanent successors; Brady E. Snellgrove,Finance Director or his temporary or permanent successors; Endorsements for deposit may be evidenced merely by the name of the Corporation being written or stamped on the instrument deposited, without designation of the party making the endorsement. BE IT FURTHER RESOLVED, that no officers or officials, individually or in any combination, shall have the power to borrow funds from said American National Bank on behalf of the Corporation;unless and expect the City Council shall pass a Resolution authorizing such loan and • stating the amount and repayment terms therefore, and a certified copy of such Resolution is presented to the said American National Bank. BE IT FURTHER RESOLVED,That the said American National Bank is hereby authorized to honor any and all withdrawal items against the Corporations's funds although payable to the officer or agent signing or countersigning the name and whether presented for encashment or for credit to the personal account of such officer or agent or any other person and said Bank need make no inquiry concerning such items and/or the disposition of the money, items or credit given therefore. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 8th day of September, 1998. John Mondy-Mayor Attest: Barbara Salinas, City Secretary WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION September 8, 1998 Item No. 3 Issue Consider and Act Upon a Proposal for the Removal and Reinstallation of Eight Civil Defense Siren Systems Purchased from the City of Plano, Background In August, the City of Plano advertised for sealed bids for the sale of the City's former civil defense siren systems. The solicitation specified that bids would only be accepted for the entire system and that the successful bidder would be responsible for removing all system components within 40 calendar days after completion of the sale. The system components consist of eight rotating directional sirens with plectron receiver/decoders, two 100 watt transmitters, various control and electrical cabinets with antennas and associated accessories and seven 40 foot wooden poles. The sirens are rated to have a maximum coverage radius of 4,500 feet, according to the manufacturer's original specifications. Staff estimates that equivalent systems of current manufacture would cost in excess of$50,000. The City of Wylie has submitted a bid in the amount of$1,800 and that bid has been accepted by the City of Plano. Prior to submitting a bid, staff sought cost estimates from qualified contractors for the removal and reinstallation of the siren systems. Among those contacted was McBride Electric, a contractor that was recommended to the City as being experienced in this type of project. After a thorough inspection of the existing siren locations, McBride submitted a proposed contract price of$14,723. The proposed scope of work includes furnishing all labor and materials for the removal of electromechanical siren components from the poles, removal of the poles, reinstallation of poles at designated sites in the City of Wylie and reinstallation of all siren components (including electrical connections and grounding) with all installations to be complete, in place, and in a ready state for system start-up. This system of civil defense warning sirens will be utilized in accordance with emergency management guidelines established by the City of Wylie. Activation of the sirens by the Wylie public safety dispatch center would occur only when necessary to alert residents of a threat to public health and safety due to various natural or manmade disasters. The primary goal of such a civil defense system is early warning to allow residents to take appropriate precautions. The most obvious cause for system activation in the Wylie area would be notification of a tornado warning, usually based on doppler radar indications. The system can also be used to warn residents in case of a major hazardous materials incident. In the future, the City will be able to use public access cable television to advise residents of the cause of a warning siren activation and to provide instructions on the appropriate precautionary actions to be taken. Item for Individual Consideration Purchase & Reinstallation of Civil Defense Sirens Page 1 Financial Considerations As no funds have been previously allocated for the purchase, removal and installation of the sirens, this expenditure will require a budget amendment. Other Considerations This procurement is exempt from the competitive bidding requirements contained in Chapter 252 of the Local Government Code because (a) a general exemption applies to the purchase of property from a political subdivision and (b) the cost of the proposed contractual service does not exceed $15,000. Board/Commission Recommendation N/A. Staff Recommendation Staff recommends that Council authorize the City Manager to contract for the proposed removal and reinstallation of the civil defense siren systems at a cost not to exceed $14,723. Attachments Notice of Bid Award Proposal from McBride Electric. ��NO1-\?2,LLOAA Rno` S Ni LL�9 CLo\k 'f Ia.�,( ei1L1vs Prepared by Review by Finance Dry City Manager Approval Item for Individual Consideration Purchase & Reinstallation of Civil Defense Sirens Page 2 Aug-31-98 01 : 12P CITY OF PLANO PURCHASING 972 461 7293 P _01 city of plano August 31, 1998 Mr. Jim Holcomb City of Wylie 2000 Highway 78 North John LovBstreet Wylie,TX 75098 Jenin Akers RE: BID B9808-191: Sale of Civil Defense Siren Systems Moyer Pau lrn, Cheryl D.Williams Dear Mr. Holcomb: lhlpury Mayor Prn gn, q'3: Pat Evans The City of Plano is peed to lflform you that ypAeliveretttie successful bidder on the Place bid for the Sale of ourrorregr:tivil peftfse n S tem a • Pock Netrdorff ..• 3 •n Place.1 Payment music, 'inada••'•YYt �tl�e form,91.a • '.;`cashier's check. or cash" within ten (10) t++oI*lnQ d�}+�i of.this`date bf th/sxnotUce.•Items mast be n SiewSonetre ¢ n ,'k,o removed from' � �vrope witl ni fortk 3(40).,Calendar'.'days •after David M.$mill, payment.... or, goods=will revert to City ownership, and there will be no Place •refund of any ptlrtion,Of bidders cam. a '" • Dick Prose Please acknowledge reOeipt-ot this-letter as'indicated' below''and return to the Purchasing Division. If you wish, you may fax to (972) 461-6836, attention Carolyn Sitton.Loveli. • 'TAX LS NOT REFLECTED IN THE DO AMOUNT. DID PRICE SHOULD NOT INCLUDE APPLICABLE SALES TAX. SUCCESSFUL VENQOR Thom H.MuehlenCCCk WILL BE RESPONSBLE FOR THE 8.25%SALES TAX TO BE APPLIED AT CllyMuwgvr ' TEIE TIME OF AWARD. EXEMPTIONS: FURNISH TAX EXEMPT CERTIFICATE U P ENT. . /31 `gg Sint a Delivery Date 01.GDmli, 8l31 /.1 • P " ted Name Date • The City thanks you for your response to the bid and for your interest in serving our needs. Sincerely, • ' vai het rolyn Sitton Lovell for Mike Ryan Purchasing Manager c: Scott Cisney, Public Safety Communications P.O.Box 660358 R""—`Texas 75086-0358 it 1172— 461.7000 http,,.>rw 6.plano.br us • 08/31/98 14:55 TX/RX NO.9358 P.001 21/Ge7G 4 ELECTRIC SERVICE * ONE STEP BEYOND 1039 No.Loop 12 Irving,Texas 75061 972-721-1199 fax 972-721-1349 The City of Wylie August 19,1998 2000 Hwy. 77 North P11470 Rev. 1.0 Wylie,Texas 75098 Attn.:Mr.Jim Holcomb Location: Various location with in the city of Wylie We propose to furnish all materials and labor to accomplish the following work for the warning siren system. 1)Provide labor and necessary equipment to remove(8)existing siren locations in the city of Plano Texas. 2)Provide installation of the removed(8) 40ft wooden poles at the new locations with in the city of Wylie Texas. 3)Re-install the existing warning siren equipment after the pole installation. 4)Provide electrical connections as necessary for the siren equipment. 5)Provide new grounding of the wooden poles. 6)Have in a ready state the equipment and siren unit for the city's radio equipment vendor to perform system start-up and operational check out. 7)Obtain a city electrical permit and inspections. Contract Price$14,723.00 plus applicable sales taxes. Clarifications: a)The city of Wylie is responsible for pole location selections. b)The city of Wylie is responsible for contacting the proper authority to have all underground utilities located and flagged at the pole locations. c)The city of Wylie is responsible for contacting T.0 Electric for the feasibility of utility power connections to the selected locations. d)The city of Wylie is responsible for all dirt spoilage haul off from the pole holes being dug at each location. Pricing held firm for a period of thirty days,after that date subject to review. ank n advance for allowing us to submit this proposal. gL John Wiggans Sales Manager DFW Area Accepted by: Date: Authorized Signature Austin Atlanta Dallas Denver Ft.Worth Houston Kansas City Los Angeles/Orange County Oklahoma City San Diego Tulsa Wichita WYLIE CITY COUNCIL PUBLIC HEARING September 8, 1998 Item No. 4 Issue: Hold the First of Two Public Hearings for the Annexation of.998 Acres out of the Francisco De La Pina Survey, Abstract No. 688,'Collin County, Texas and Being the Same Property Conveyed to Doyle R. Mitchell and Wife Nancy Kaye Mitchell, by Deed as Recorded in Volume 2689 at Page 793 and the Same Tract of Land Conveyed to Home Town Furniture, Inc. by Deed Recorded in Volume 2610, Page 702, Land Records, Collin County, Texas. Background: The City of Wylie has received a request for annexation from Mike Douglas for a .998 acre tract generally located at the northwest corner of SH 78 and Eubanks Lane. The applicant is requesting annexation in order to establish connections to City of Wylie utilities. Staff has held preliminary discussions with the applicant regarding the use and zoning of this property and anticipate a request for rezoning subsequent to Council approval of the annexation request. Should the City Council approve the annexation request, the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings, the governing body of the municipality must conduct two (2) public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing and institution schedule. As your can see, the two (2)public hearings have been scheduled for the September 8, 1998, and September 22, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for October 13, 1998. Notice published for the first public hearing: August 26, 1998 First Public Hearing: September 8, 1998 Notice published for the second public hearing: September 9, 1998 Second Public Hearing: September 22, 1998 Institution date (Adopt Ordinance): October 13, 1998 Financial Considerations: According to the Collin County Central Appraisal District, the accessed taxable valuation of the property is $335,412.00 Item for Individual Consideration Public Hearing-Annexation Case/Douglas Page 1 Other Considerations: Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered, under Section 43.056 of the Local Government Code, for provisions of Services to the annexed area and use it as directed in said statute (see attached service plan). Commission Recommendation: Not applicable Staff Recommendation: Approval, subject to the applicant signing the service plan as required. Attachments: Applicant's letter Exhibit"A" legal description City limits boundaries map Service Plan Annexation Ordinance ,foltvki)/kueez 7[Nr-,vL (..6V /7) Prepared by ,,, tpp Rev' ed by Finan e City Manager Approval Item for Individual Consideration Public Hearing-Annexation Case/Douglas Page 2 FarmTek/ Sport Timing Specialists FarmTek, Inc. 5113 Heritage Avenue (972) 495-6529 Sachse,TX 75048 FAX: 530-6103 July 1, 1998 City of Wylie,Texas 2000 Highway 78 North Wylie,TX 75098 To Whom It May Concern, On behalf of FarmTek,Inc., owner of the property and buildings located at 1000 East Highway 78 North (also know as 1001 Easy Highway 78 North), and formally defined in the attached Survey and Legal Description, I request annexation of said property into the City of Wylie, Texas in the most expeditious manner possible. Please contact me with any questions. Thank you. Sincerely, ike Douglas President, FarmTek, Inc. mwd/csh REGT JUN 191998 NOTICE OF PUBLIC HEARING CITY COUNCIL THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS WILL HOLD THE FIRST OF TWO PUBLIC HEARINGS ON TUESDAY, SEPTEMBER 8, 1998, AT 7:00 PM IN THE CITY COUNCIL CHAMBERS IN THE WYLIE MUNICIPAL COMPLEX LOCATED AT 2000 HIGHWAY 78 NORTH, TO RECEIVE PUBLIC COMMENTS CONCERNING THE ANNEXATION OF THE FOLLOWING DESCRIBED PROPERTY: Being a tract of land situated in the Francisco De La Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas, and being the same tract of land conveyed to Doyle R. Mitchell and wife Nancy Kaye Mitchell by deed recorded in Volume 2689, Page 793 and the same tract of land conveyed to Home Town Furniture, Inc. by deed recorded in Volume 2610, Page 702, Land Records, Collin County, Texas and being more particularly described as follows: Beginning at a 318 inch iron rod found in the south right-of-way line of the St. Louis and Southwest Railroad (100'R.O.W.)for the northwest corner of a 2.939 acre tract of land conveyed to Paul C. Merritt and Richard A. Williams by deed recorded in Volume 2070, Page 140, Land Records, Collin County, Texas; Thence, S 00°00'00" E, along the west line of said 2.939 acre tract, a distance of.325.98 feet to a 112 inch iron rod set in the north right-of-way line of State Highway No. 78 for the southwest corner of said 2.939 acre tract and being in a curve to the left having a radius of 2924.93 feet; Thence, along said curve to the left, through a central angle of 02° 59' 04", an arc length of 152.35-feet and a chord of S 7.5° 05' 48" W, 152.34 feet to a 1/2 inch iron rod found for the southeast corner of a northerly tract of land described in a deed to A.D. Boyd Family Trust and recorded by County Clerk's File No. 94-0059169, Land Records, Collin County, Texas; Thence, N 00° 00' 00" F,, along the east line of said Boyd Family Trust Tract, a distance of 265.15 feet to a 112 inch iron rod set in the south right-of-way line of said Railroad in a curve to the right having a radius of 5741.78 feet for the northeast corner of said Boyd Family Trust Tract, Thence, along the south right-of-way line of said Railroad and curve to the right, through a • central angle of 01° 46' 34", an arc length of 177.98 feel and a chord of N 55° 48' 36" E, 177.97 feet to the Point of Beginning and containing 43,492 square feet or 0.998 acres of land. i N • RAIV_R-AD T ( CS) D . .... ill-- A ,.. OP I ` \ " t 4 z.-h,T I I ii �. te -7 B ., o • i .. . S\---\�.., . I i , ..,- . .,- ei PROPOSED ANNE)(ATION MAP ./ ri CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO. DATE OF ANNEXATION ORDINANCE: i' /3 -9Se ACREAGE ANNEXED: ,99 g ACRES SURVEY, ABSTRACT& COUNTY: ii „c,St b e. 44_ ,fr*:"„4_ SiH'•-v-y A(s/- c f /L'a. 6 i;'ee O//°n n'71j' Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City") at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty(60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilisation and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection equipment by the present personnel and the present equipment of the Fire Department,within the limitations of available water and distances from existing fire stations,and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty(60) days of the effective date of the annexation ordinance. 1 C:Annex.ltr 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty(60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty(60) days of the effective date of the annexation ordinance. 2. Inspection services including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with the City codes and ordinances will be provided within sixty(60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty(60) days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty(60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. 2 C:Annex.ltr E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall,upon dedication to and acceptance by the City, be maintained and operated by the City, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies,beginning within sixty(60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3 C:Annex.ltr 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within approved dedicated easements shall be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in approved dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable City ordinance and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 4 C:Annex.ltr J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60)days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administration services of the City shall be available to the annexed area beginning within sixty(60)days of the effective date of the annexation ordinance. 3. [ADD IF VOLUNTARY ANNEXATION: The parties agree that because of the size or projected manner of development by the owner and/or developer, it is not reasonably expected and the parties do not require construction of capital improvements to be substantially completed within four and one-half(4-1/2) years. NOTE: owner will sign Service Plan if the annexation is voluntary.]. 4. Notwithstanding anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 5. The Service Plan is valid for ten(10)years from the effective date of the Ordinance. Owner Signature 5 C:Annex.ltr CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A .998ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688, BEING THE SAME PROPERTY CONVEYED TO dOYLE r. mITCHELL AND WIFE NANCY KAYE MITCHELL, BY DEED AS RECORDED IN VOLUME 2689 AT PAGE 793 AND THE SAME TRACT OF LAND CONVEYED TO HOME TOWN FURNITURE, INC. BY DEED RECORDED IN VOLUME 2610, PAGE 702, LAND RECORDS, COLLING COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 91-24, CHAPTER 12, EXHIBIT "A" OF WYLIE'S CODE OF ORDINANCES; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021, Local Government Code and City of Wylie, Texas' ("Wylie") Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property(the "Property") to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code, the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS, the City Council finds that the service plan has been prepared in full compliance with Section 43.056, Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS, the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described as follows and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie, to-wit: .998 Acres out of the Francisco De La Pina Survey, Abstract No. 688, Collin County, Texas and being the same property conveyed to Doyle R. Mitchell and wife Nancy Kaye Mitchell, by deed as recorded in Volume 2689 at Page 793 and the same tract of land conveyed to Home Town Furniture, Inc. by deed recorded in Volume 2610, Page 702, Land Records, Collin County, Texas. SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 91-24, Chapter 12, Exhibit A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 91-24, Chapter 12, Exhibit A, and any amendments thereto. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 91-24, Chapter 12, Exhibit A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 91-24, Chapter 12, Exhibit A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1997. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News WYLIE CITY COUNCIL PUBLIC HEARING September 8, 1998 Item No. 5 Issue: Hold the First of Two Public Hearings for the Annexation of 110 Acres out of the J.W. Mitchell Survey, Abstract No. 589, Collin County, Texas and Being the Same Property Conveyed to Patsy Sue Donihoo by J.O. McWhirter and wife, Pearl A. McWhirter, by Deed as Recorded in Volume 942 at Page 488 of the Deed Records of Collin County, Texas. Background: The City of Wylie has received a request for annexation from Mrs. Patsy Lewis for a 110 acre tract generally located at the northeast corner of McCreary Road and McMillan Road. The applicant is requesting annexation in order to enable development of the property utilizing City of Wylie utilities and has indicated a contract to develop the property has been issued. Specifically, per the applicant request the City of Murphy, Texas, has released this property from their extraterritorial jurisdiction (ETJ) due to the fact that Murphy utilities are unavailable at this time (see attached resolution # 268). Also, staff has held preliminary discussions with the development community regarding the zoning and development of this property and anticipate a request for rezoning subsequent to Council approval of the annexation request. Should the City Council approve the annexation request, the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings, the governing body of the municipality must conduct two (2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing and institution schedule. As your can see, the two (2)public hearings have been scheduled for the September 8, 1998, and September 22, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for October 13, 1998. Notice published for the first public hearing: August 26, 1998 First Public Hearing: September 8, 1998 Notice published for the second public hearing: September 9, 1998 Second Public Hearing: September 22, 1998 Institution date (Adopt Ordinance): October 13, 1998 Item for Individual Consideration Public Hearing-Annexation/Lewis Page 1 Financial Considerations: According to the Collin County Central Appraisal District, the marketing value of the property is $363,000 with an accessed taxable valuation of$21,450. Other Considerations: Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered, under Section 43.056 of the Local Government Code, for provisions of Services to the annexed area and use it as directed in said statute (see attached service plan). Section 43.057 of the Local Government Code, states that if a proposed annexation causes an area to be entirely surrounded by the annexing municipality but would not include the area within the municipality, the governing body of the municipality must find, before completing the annexation, that surrounding the area is in the public interest. Should the Council approve this annexation, a five (5) acre out parcel in Murphy's extraterritorial jurisdiction (ETJ) will be totally surrounded by the City of Wylie proper. The five(5) acre out parcel is generally located along the north side of McMillan Road east of the 110 acre tract requested for annexation (see attached map). As a result, Council must find that surrounding this area is in the public interest prior to completing the annexation proceedings. Staff is of the opinion that surrounding this property is in the public interest due to the fact that the property will no longer be contiguous with the City of Murphy and based upon Wylie's ability to provide public services to the area. Also, please note that staff has contacted the City of Murphy in order to initiate a boundary agreement process and add the out parcel to the City of Wylie extraterritorial jurisdiction (ETJ). Commission Recommendation: Not applicable Staff Recommendation: Approval, subject to the applicant signing the service plan as required. Attachments: Applicant's letter Exhibit "A" legal description Resolution No. 268 (Release from Murphy ETJ) City limits boundaries map Service Plan Annexation Ordinance )11(1a, CA444,' repared by b 4V Rev' ed by Fina e City Manager Approval Item for Individual Consideration Public Hearing-Annexation/Lewis Page 2 Mrs. Patsy Lewis C6 8421 Private Road#5201 Princeton,Texas 75407 March 5, 1998 Mr. Mike Phillips City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Re: Annexation into the City of Wylie of an approximate 110 acre tract of land located at the northeast corner of McMillan and McCreary Roads, being situated in the J.M. Mitchell Survey, Abstract No. 589, Collin County, Texas, and being more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes (the "Property") Dear Mr. Phillips : Please accept this letter as my formal request to the City of Wylie to annex the Property into the jurisdiction of the City of Wylie promptly upon the disannexation of the Property from within the jurisdiction of the City of Murphy. Simultaneously with this annexation request, I have formally requested the City of Murphy to disannex the Property from within the jurisdiction of the City of Murphy. If there is anything further that I need to do in order to expedite the conclusion of this request, please let me know at once . Please do not hesitate to contact me should you have any questions with respect to the foregoing or need anything further. I look forward to hearing from you. Very truly yours, ,7/2-)./2.4.2 a /-14 Mrs . Patsy Lewis cc: Mr. Roy Bentle - Mayor City of Murphy Route 3, Box 448 Plano, Texas 75094 jjm\ltr\0198\lewis.ann NOTICE OF PUBLIC HEARING CITY COUNCIL THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS WILL HOLD THE FIRST OF TWO PUBLIC HEARINGS ON TUESDAY, SEPTEMBER 8, 1998, AT 7:00 PM IN THE CITY COUNCIL CHAMBERS IN THE WYLIE MUNICIPAL COMPLEX LOCATED AT 2000 HIGHWAY 78 NORTH, TO RECEIVE PUBLIC COMMENTS CONCERNING THE ANNEXATION OF THE FOLLOWING DESCRIBED PROPERTY: BEING all that certain lot, tract or parcel of land situated in the J. W. Mitchell Survey, Abstract No. 589, Collin County, Texas, and being the same property conveyed'to Patsy Sue Donihoo by J. O. .McWhirtor and,wife, Pearl A. McWhirter, by deed as recorded in Volume 942 at Page 488 of.the Deed Records of Collin County, Texas, called 110 acres in two tracts of land and being more particularly described as follows: BEGINNING at a 5/8" iron rod set for corner for the Southeast corner of Trqct 2 of said Donihoo,.property, said point being .the Southwest corner of a called 5.00 acre tract of land conveyed'to Gene Lewis by deed as recorded in Volume 606 at Page 546 of.the Deed Records•of Collin County, Texas, and also being in the old center of McMillan Road. (County Road No. 298), (70 foot right—of—way, the North 20 feet by prescriptive easement and the South 50 feet by dedication); THENCE North 89' 33' 04". West along the South line-of said Donihoo tract and following the North line of a called 120.642 acre tract described in Deed of Trust as recorded in Volume 1915'at.?age 654 of the Deed Records of Collin County, Texas, and following. the old,center of McMillan Road •at 50.0 feat North of and parallel to the North line of a called 1 15.155 acre tract conveyed to Clayton/Cambridge Joint Venture as recorded in County Clerk'File No. 920045237 of the Deed Records of Collin County Texas, and the South line of McMi►lon Road for a distance of 1818.08 feet'(1815. feet deed) to a railroad spike set for the Southwest corner of said Donihoo property; THENCE North 00' 36' 4-4" East along the' West line of said Donihoo property and the coiled West tine of the J. W. Mitchell Survey and the called East lino of the C. A. McMillan Survey, 'Abstract No. 588 •and following the center of McCreary Rood (County Road No. 245), -(60 foot undedicated right—of—way) for a distance of 2669.91 feet •(2640 foot deed) to a railroad spike aot in asphalt for corner, said point being 'the Northwest corner of the Donihoo 110 acre tract and the called Northwest corner of said J. W. Mitchell Survey and also being the Southwest corner of 'called 80 acre tract conveyed to E. Donihoo by deed as recorded in Volume 549 at Page 461 of the Deed Records of Collin County, Texas; THENCE North 89' 33' 32" East along the common line of said called 110 acre tract and the 80 acre tract and following the called North line of the J. W. Mitchell Survey for a distance of 1821.64 feet (1815 feet deed) to a 1" iron pipe found for corner, said point being the Northeast corner of said called 110 acre tract and also being in the West line of a called _113.407 acre tract of land conveyed to William E. Campbell, Jr. — McCreary Rood Limited Partnership by deed as recorded in Volume 881 at Page 802 of the Deed Records of Collin County. Texas; THENCE South 00" 40' 50" West along the common lino of the called 110 acre tract and the called 113.407 acre tract and following the general line of old fence line for a distance of 2698.21 .feet (2640 feet deed) to the PLACE OF BEGINNING and CONTAINING 112.1246 ACRES OF LAND, more or less, of which 2.6596 ACRES ore located in the undedicated 20 foot right—of—way of McMillan Road and the undedicated 30 foot right—of—way of McCreary Road leaving a net area of 109.4650 ACRES OF LAND. 24 58 12:06p p. 2 RESOLUTION NO. 268 WHEREAS, Patsy Lewis, the owner of a 110 acre tract of land situated in the extraterritorial jurisdiction of the City of Murphy, Texas, has requested that the City release that property from its extraterritorial jurisdiction; and WHEREAS, Patsy Lewis, desires to have the property annexed into the City of Wylie, Texas; and WHEREAS, the City of Murphy, Texas, is willing to cooperate in the release of the land from its extraterritorial jurisdiction to the extraterritorial jurisdiction of the City of Wylie and consent to the annexation of said land, conditioned upon the initiation of the annexation proceedings within six months of the date of this resolution and the completion of the annexation within eighteen months of the date of this resolution: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MURPHY, TEXAS: That the 110 acres of land, more particularly described in Exhibit A, attached hereto and made a part hereof for all purposes as though fully set out herein, is hereby released from the extraterritorial jurisdiction of the City of Murphy, Texas, and the City of Murphy does hereby consent to the annexation of said property to be annexed by the City of Wylie, Texas; IT IS FURTHER RESOLVED, HOWEVER, that this consent and release of the extraterritorial jurisdiction is valid only if the City of Wylie initiates annexation proceedings within six months of the date of this resolution and completes such proceedings within eighteen months of the date of this resolution. ADOPTED this 6 th day of April , 1998. Roy . Benue, Mayor ATTEST: (LJ4. Linda B. Marley, Cify Secretary APPROVED AS TO FORM: �, 1e . G' ore, City Attorney tAc,rry ►Doa\l 67)1 ZO 'd vZI :80 86-5Z-unr r PARKER CITY LIMITS z 2, I (c -J J-// 1 ��Z PARKER CITY L M H .. .. L ____________c------ _________ ... , . . , .,. , ... . ,. ,,, , _,.,:.._,.,..i•,,,, \. i ......„_,........,,,.., . . ., (----\ . , . .,... • ..:_, . ..., - i Nil V.r~ini%ll Irk r :t lls, 11ur, �_= --I mil -gill"vals ■ tunn ► Aiauur/ alk fro �ii1�r - 1'iia I L L ■8 .a.i.:1=11.4.1_,..... . L Ali-ii.�:��� �• eIRIiM� /I1111111111111, =i=sea Ex:E #4'i111 11%p.�� �- LIP :.),, ; t I r I (1 i , 1t GK�J(0�•� �! CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO. DATE OF ANNEXATION ORDINANCE: /o ACREAGE ANNEXED: lie ACRES SURVEY, ABSTRACT&COUNTY: 1vY: Ill c .// S4,1"1„,ey ,1 1ti (7L / G". S 8Cf Co//, Cow... Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City") at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty(60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection equipment by the present personnel and the present equipment of the Fire Department,within the limitations of available water and distances from existing fire stations,and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty(60) days of the effective date of the annexation ordinance. 1 C:Annex.ltr 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty(60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty(60) days of the effective date of the annexation ordinance. 2. Inspection services including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with the City codes and ordinances will be provided within sixty(60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty(60) days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty(60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. 2 C:Annex.ltr E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall,upon dedication to and acceptance by the City, be maintained and operated by the City, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies,beginning within sixty(60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3 C:Annex.ltr 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within approved dedicated easements shall be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in approved dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable City ordinance and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 4 C:Annex.ltr J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60)days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administration services of the City shall be available to the annexed area beginning within sixty(60)days of the effective date of the annexation ordinance. 3. [ADD IF VOLUNTARY ANNEXATION:The parties agree that because of the size or projected manner of development by the owner and/or developer, it is not reasonably expected and the parties do not require construction of capital improvements to be substantially completed within four and one-half(4-1/2)years. NOTE: owner will sign Service Plan if the annexation is voluntary.]. 4. Notwithstanding anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 5. The Service Plan is valid for ten(10)years from the effective date of the Ordinance. Owner Signature 5 C:Annex.ltr CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A 110 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE J.W. MITCHELL SURVEY, ABSTRACT NO. 589, BEING THE SAME PROPERTY CONVEYED TO PATSY SUE DONIHOO BY J.O. McWHIRTER AND WIFE, PEARL A. McWHIRTER, BY DEED AS RECORDED IN VOLUME 942 AT PAGE 488 DEED RECORDS, COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 91-24, CHAPTER 12, EXHIBIT "A" OF WYLIE'S CODE OF ORDINANCES; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021, Local Government Code and City of Wylie, Texas' ("Wylie") Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property(the "Property") to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code, the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS, the City Council finds that the service plan has been prepared in full compliance with Section 43.056, Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS, the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described as follows and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie, to-wit: Being a 110 Acres out of the J.W. Mitchell Survey, Abstract No. 589, Collin County, Texas and being the same property conveyed to Patsy Sue Donihoo by J.O. McWhirter and wife, Pearl A. McWhirter, by deed as recorded in Volume 942 at Page 488 of the Deed Records of Collin County, Texas. SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 91-24, Chapter 12, Exhibit A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 91-24, Chapter 12, Exhibit A, and any amendments thereto. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 91-24, Chapter 12, Exhibit A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 91-24, Chapter 12, Exhibit A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1997. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary 1 UBLICATION: ,Wylie News WYLIE CITY COUNCIL PUBLIC HEARINGP1/11.. September 8, 1998 Item No. b Issue: Hold a Public Hearing to Consider and Act upon a Request from Pat Atkins for Approval of a Zone Change from R(Retail),B-I (Business), and MF(Multifamily)to PD (Planned Development) for Single Family Residential Uses for the Property Generally Located Along the East Side of McCreary Road Just South of Southfork Mobile Home Park and Being All of a 45.3768 Acre Tract out of the Moses Sparks Survey, Abstract No. 849,;,City of Wylie, Collin County, Texas. Background: The applicant is requesting rezoning on 45.3768 acres in order to develop the property with a master planned single family residential community. The property to the north is zoned ME (Mobile Home) and developed with a mobile home park. The property to the south is vacant and zoned A (Agricultural). The property to the east is vacant and zoned PD (Planned Development) for single family residential uses. The property to the southeast is vacant and zoned A(Agricultural) with an approved PD (Planned Development) concept plan for single family residential uses. The property to the west is not within the City of Wylie proper. Public Comment Forms were mailed to sixty-four(64) property owners within 200 feet of this request. No Public Comment Forms have been returned. Issues: The Comprehensive Plan recommends Single Family Residential uses for the property. The proposed zoning and land use are consistent with Comprehensive Plan and compatible with the surrounding residential to the north. The applicant is filing this PD in order to ensure a quality development and request one (1) variance to the single family residential requirements. Specific reductions to the single family residential area regulations being requested are as follows: Plied 10 ft.between structures and 15 ft. Not less than 6 ft. on each side of the for side yardslot i adjacentto a side street. and 20 ft.for side yards adjacent to a side street. Item for Individual Consideration Public Hearing-Zoning Case No. 98-07 Page l Section 5.01 C. (1) (b) of the Subdivision Regulations state that all subdivisions must have two means of access or approach. Where development phasing or constraints of the land prevent the provision of a second, separate means of access, the city may accept a median divided street or divided entry to satisfy this requirement. Riverway Lane was preliminary platted as the one point of divided approach for Phase II of Sage Creek(the 62 acre tract to the east). The applicant is proposing to utilize Riverway Lane as the one point of divided approach for both Phase II and Phase III. As a result and consistent with the City's traffic consultant (Transportation Strategies, Incorporated), staff recommends that no more than 20% of the lots (26) in this phase should be permitted prior to secondary access being provided. Park Plans for the City recommend that an additional five (5) acres be dedicated and provided adjacent to a school site playground proposed as a joint use concept or neighborhood park. The Parks Board reviewed this proposal at their July 27, 1998, and voted unanimously to accepted payment in lieu of park land dedication. Per the Park Board recommendation, the applicant has removed the proposed park land dedication. The applicant has proposed a minimum dwelling size of 1,600 sq. ft. The minimum dwelling size permitted within the SF-3 district is 1,100 sq. ft. The applicant will be required to plat the property prior to the issuance of any building permits. Planning and Zoning Commission Update: At the August 3, 1998, Planning and Zoning Commission meeting, the Commission voted unanimously to table this case to August 17, 1998, as the applicant indicated that the conceptual plan would be revised to minimize the variance request for lot area. At the August 17, 1998, Planning and Zoning Commission meeting, the Commission voted unanimously to table this case to September 8, 1998, in order to give staff an opportunity to review the revised conceptual plan. Specifically, the revised conceptual plan had not been submitted for staff review and, therefore, was not included in the August 17, 1998, Planning and Zoning Commission packet. City Council Update: In accordance with state and local law, this case was currently advertised for public hearing before the Planning and Zoning Commission and City Council. As a result, the scheduled public hearing was held by the City Council at their August 25, 1998, meeting. However, due to the fact that the Commission had not forwarded a formal recommendation to the Council concerning this case, City Council voted unanimously to table this case to the scheduled joint meeting with the Planning and Zoning Commission on September 8, 1998. Staff will provide an update at the September 8, 1998, meeting should the Commission take action. Item for Individual Consideration Public Hearing-Zoning Case No. 98-07 Page 2 Staff Recommendation: Approval, subject to the following stipulation: 1. No more than 20% of the lots (26) in this phase shall be permitted for construction prior to secondary access being provided. The Departments of Public Works, Fire, and Community Development concur with this recommendation. Attachments: Location Map Area Zoning Map Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Zoning Change Application Proposed Land Data Concept Plan _ C.664444, Prepared by bp Rev' ed y Financ City Manager Approval Item for Individual Consideration Public Hearing-Zoning Case No. 98-07 Page 3 —I. Li / i e --..,-�► - umis J _PARK:R 1CRTY LINTS p111111I111#, MUM �IIIIItII1►.�0 II�N111I�T s alliU tn1,� ',�0f 11011111� j IIf11111unin tsi..tAnu11r,i MIIpiIplt0 O III ISO `- city Limits .0 E 5 n b E a U S U BJ E T e PFtOPEFtTY a' '1Iiglllwlllll■,,�^mIIIlluri tmr� jr11111111111 E_..OF.j:� r>• ..vlulll', triA �,_ I,...11111111111116, p L '» =-L74a11111111/ . f675 E tttt ,til,/I4ltltlIU• Y 1/ 11 1 I O • 1 7/ / . 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A c,i, ....._.......______ .....___________ ZONING AREA MAP ZONING CASE #98-07 1 McMillen Hoc,' i. 1 -'l 1 1 i / --- 1 i i i i i iN ` 1 r ® . .• 1 i. i. • /111�1t 1 "=5 0 0' �.\ �i::� —.I- 1 i � s��imik ilk ♦;,♦ �MP �����" ��� i Min NW v —L. 4_ ��..�.. �' I� �1111111I/i i irip:r. aim iiple.1 p /1/Avil111111 i. lig .... v., fiaur NA �. 211 mu. Minn tell 1 rwrrriillirii S-� r f WILLIAM E. CAMPBELL, JR z R-6849-000-01 10-1 �s `�g-+ ��x r- P. fat 1 3k 1 f •r ,jv � i r 'x r� 1 �' a3� .Four ,,'S �� 1 1E- 4:.:.,-. ( l A,�''"Y / /; 1 i 1 PARKER INTERNATIONAL CORP. - CHIU CHEN 1 R-6849-000-0040-1 i i i i i i i i i PROPERTY OWNER NOTIFICATION MAP ZONING CASE #98-07 NOTIFICATION REPORT APPLICANT: Pat Atkins, Tipton Engineering APPLICATION FILE # 98-07 6630 Belt Line Garland, Tx 75043 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS 252 252 Valeen Lane 1 SFMHP M-5030-000-252D-1 Robert J. Cooper Wylie, Texas 75098 253 253 Valeen Lane 2 SFMHP M-5030-000-253C-1 Trinidad Stadleberger Wylie, Texas 75098 254 254 Valeen Lane 3 SFMHP M-5030-000-2540-1 William Markarian Wylie, Texas 75098 746 746 Valeen Lane 4 SFMHP M-5030-000-746E-1 Steven T. Johnson Wylie, Texas 75098 745 745 Valeen Lane 5 SFMHP M-5030-000-745-1 Orlando Fonseca Wylie, Texas 75098 255 255 Valeen Lane 6 SFMHP M-5030-000-255E-1 Jeanette Nutt Wylie, Texas 75098 256 256 Valeen Lane 7 SFMHP M-5030-000-256F-1 Larry E.Williamson Wylie, Texas 75098 257 257 Valeen Lane 8 SFMHP M-5030-000-257C-1 James K. Nations Wylie, Texas 75098 258 258 Valeen Lane 9 SFMHP M-5030-000-258E-1 Raymond Brill Wylie, Texas 75098 259 259 Valeen Lane 10 SFMHP M-5030-000-259A-1 Steven Bogart Wylie, Texas 75098 260 260 Valeen Lane 11 SFMHP M-5030-000-260E-1 Mary Spurlin Wylie, Texas 75098 261 261 Valeen Lane 12 SFMHP M-5030-000-261 E-1 Timothy Birdwell Wylie, Texas 75098 262 262 Valeen Lane 13 SFMHP M-5030-000-262A-1 Rebecca L. Holt Wylie, Texas 75098 263 263 Valeen Lane 14 SFMHP M-5030-000-263E-1 Daniel McCarley Wylie, Texas 75098 264 264 Valeen Lane 15 SFMHP M-5030-000-264B-1 Sergio Fallad Wylie, Texas 75098 265 324 2nd Street W. 16 SFMHP M-5030-000-265B-1 John A. Rauch Ill Baird, Texas 79504-6216 _ 266 266 Valeen Lane 17 SFMHP M-5030-000-266D-1 Don Hestand Wylie, Texas 75098 267 CMH Parks Inc. #402 P.O. Box 15169 18 SFMHP M-5030-000-267C-1 Attn: Chris Lockhart Knoxville, TN 37901-5169 268 P.O. Box 1749 19 SFMHP M-5030-000-2680-1 Randy Hamlin Wylie, Texas 75098 269 269 Valeen Lane 20 SFMHP M-5030-000-2690-1 James Kane Wylie, Texas 75098 557 21 SFMHP No Listing 556 556 John Ross Lane 22 SFMHP M-5030-000-556D-1 John Profitt Wylie, Texas 75098 363 P.O. Box 861454 23 SFMHP M-5030-000-363A-1 Marie Sawyer Plano, Texas 75086-1454 362 362 Sue Ellen Lane 24 SFMHP M-5030-000-362A-1 John Tyson Wylie, Texas 75098 360 360 Bobby Avenue 25 SFMHP M-5030-000-360G-1 Henry Kaminski Wylie, Texas 75098 361 361 Bobby Avenue 26 SFMHP M-5030-000-361 D-1 Charlotte Tassan Wylie, Texas 75098 316 316 Bobby Avenue 27 SFMHP M-5030-000-316F-i Glen Schrier Wylie, Texas 75098 315 315 Bobby Avenue 28 SFMHP M-5030-000-315D-1 Mark Malone Wylie, Texas 75098 313 29 SFMHP No Listing 314 4013 Windy Crest Drive 30 SFMHP M-5030-000-314A-1 Steven Williams Carrollton, Texas 75007-1513 271 CMH Parks Inc. #402 P.O. Box 15169 31 SFMHP M-5030-000-271 B-1 Attn: Chris Lockhart Knoxville, TN 3 7901-51 69 270 270 Jena Lane 32 SFMHP M-5030-000-270E-1 Michael Neel Wylie, Texas 75098 559 33 SFMHP No Listing 558 558 Valeen Lane 34 SFMHP M-5030-000-558C-1 Joe L. Bergin, Jr. Wylie, Texas 75098 551 CMH Parks Inc. #402 P.O. Box 15169 35 SFMHP M-5030-000-551 B-1 Attn: Chris Lockhart Knoxville, TN 3 7901-51 69 552 552 John Ross Lane 36 SFMHP M-5030-000-5520-1 Leonard Dox Wylie, Texas 75098 _ 553 553 John Ross Lane 37 SFMHP M-5030-000-5530-1 Lorraine Walter Wylie, Texas 75098 554 554 John Ross Lane 38 SFMHP M-5030-000-554B-1 Melody Turnbull Wylie, Texas 75098 555 555 John Ross Lane 39 SFMHP M-5030-000-555C-1 Glen Hodge Wylie, Texas 75098 513 513 Ellie Court 46 SFMHP M-5030-000-513E-1 John W. Sanders Wylie, Texas 75098 514 514 Ellie Court 45 SFMHP M-5030-000-514D-1 George Dawson Wylie, Texas 75098 515 515 Miss Ellie Court 44 SFMHP M-5030-000-515C-1 Archie Smith Wylie, Texas 75098 516 516 Ellie Court 43 SFMHP M-5030-000-516E-1 Alfonso Perez Wylie, Texas 75098 517 517 Ellie Court 42 SFMHP M-5030-000-517E-1 Virginia Huyer Wylie, Texas 75098 518 518 Miss Ellie Circle 40 SFMHP M-5030-000-518B-1 Terry Bahe Wylie, Texas 75098 519 CMH Parks Inc. #402 P.O. Box 15169 41 SFMHP M-5030-000-519C-1 Attn: Chris Lockhart Knoxville, TN 37901-5169 505 505 Miss Ellie Circle 54 SFMHP M-5030-000-505E-1 Oscar Douglas Wylie, Texas 75098 506 CMH Parks Inc. #402 P.O. Box 15169 53 SFMHP M-5030-000-506B-1 Attn: Chris Lockhart Knoxville, TN 37901-5169 507 507 Miss Ellie Circle 52 SFMHP M-5030-000-507B-1 Annie Dafft Wylie, Texas 75098 508 51 SFMHP No Listing 509 509 Miss Ellie Circle 50 SFMHP M-5030-000-509A-1 Mana Hudson Wylie, Texas 75098 510 510 Miss Ellie Circle 49 SFMHP M-5030-000-5100-1 Stephen D. Swinnea Wylie, Texas 75098 511 CMH Parks Inc. #402 P.O. Box 15169 48 SFMHP M-5030-000-511 D-1 Attn: Chris Lockhart Knoxville, TN 37901-5169 512 521 Miss Ellie Circle 47 SFMHP M-5030-000-512C-1 Phyllis Swentik Wylie, Texas 75098 709 709 Miss Ellie Circle 58 SFMHP M-5030-000-709E-1 Raymond Reynolds Wylie, Texas 75098 710 710 Miss Ellie Circle 57 SFMHP M-5030-000-710C-1 Brad Lundberg Wylie, Texas 75098 711 56 SFMHP No Listing _ 712 712 Miss Ellie Circle 55 SFMHP M-5030-000-712A-1 Tracey McNichol Wylie, Texas 75098 3500 Oak Lawn LB 14 56 Abst 849 Tract 2 M-6849-000-0020-1 fie Texas Presbyterian Foundation Dallas, Texas 75219-4371 3500 Oak Lawn LB 14 57 Abst 849 Tract 3 M-6849-000-0030-1 fie Texas Presbyterian Foundation Dallas, Texas 75219-4371 Parker International Corporation 2556 Morning Glory Drive 58 Abst 849 Tract 4 M-6849-000-0040-1 Chiu Chen Richardson, Texas 75082-2316 William E. Campbell, Jr. 16475 Dallas Parkway, #500 59 - Abst 849 Tract 11 M-6849-000-0110-1 Reservoir Limited Partnership Dallas, Texas 75248-2639 504 CMH Parks Inc. #402 P.O. Box 15169 60 SFMHP M-5030-000-504A-1 Attn: Chris Lockhart Knoxville, TN 3 7901-51 69 708 708 Miss Ellie Circle 61 SFMHP M-5030-000-708A-1 Nancy Gore Wylie, Texas 75098 713 62 SFMHP No Listing 520 520 Miss Ellie Circle 63 SFMHP M-5030-000-520E-1 Jeffrey Stoker Wylie, Texas 75098 Pat Atkins 6330 Broadway, Suite C 64 Tipton Engineering, Inc. Garland, Texas 75043 NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION AND CITY COUNCIL An application has been received by the City of Wylie for a: PROPOSED ZONING CHANGE Zoning Case Number: 98-07 Applicant: Tipton Engineering. Inc. Attn Pat Atkins Location: Generally located along the east side of McCreary Road just south of Southfork Mobile Home Park Property Description: Being all of that certain lot tract or parcel of land situated in the Moses Sparks Survey,Abstract No. 849, City of Wylie, Collin County,Texas(See the attached Exhibit"A"for full legal description) Present Zoning: MF(Multifamily),R(Retail), and B-1 (Business) Requested Zoning: PD(Planned Development)for single family residential uses Proposed Master Planned Single Family Community. This public hearing is held to consider the application as an amendment to the Comprehensive Zoning Ordinance of the City of Wylie,Texas and the Official Zoning Map. The request will be considered as follows: Planning and Zoning Commission: Monday,August 3, 1998,7:00 PM City Council: Tuesday,August 25, 1998,7:00 PM Each public hearing will be held at the following location: City Council Chambers of the Municipal Complex 2000 Highway 78 North,Wylie,Texas This notice has been sent to all owners of real property within 200 feet of the request,as such ownership appears on the last approved city tax roll. Action by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. If the Commission recommends denial, a three-fourths majority vote by the City Council shall be required for approval. Zoning districts, amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend,but wish to have your opinions made a part of the public record,please complete the enclosed form and return it prior to the public hearing. Please print your name, address of the property you own and the tax account number(if applicable) on the enclosed form and return it to the following address: City of Wylie Department of Planning 2000 Highway 78 North Wylie,TX 75098 If the property owners of 20%or more of the land within the 200 foot notification area file a written protest prior to the public hearing, state law provides that approval of the zoning change request shall require an affirmative vote of 3/4 of the members of the City Council. The application is on file for public examination in the Planning Department at 2000 Highway 78 North,Wylie,Texas. For additional information,please contact the Planning Department at 972/442-8150. Please reference the zoning case number when requesting information. This facility is wheelchair accessible and handicapped parking spaces are available. Requests for interpretation services or assistive hearing devices must be made 48 hours prior to the meeting. Contact the Office of the City Secretary at(972)442-8103, or(TDD)(972)442-8170 for assistance. Page 1 of 2 (5/93) CITY OF WYLIE P.O. BOX 428 WYLIE, TEXAS 75098 APPLICATION FOR ZONING CHANGE Case No. Filing Fee $225.00 Date Applicant PAT ATKINS/TIPTON ENGINEERING, INC. Phone No. 972-226-2967 Mailing Address: Work No 972-226-2967 6330 Broadway , Suite C Garland . Texas 75043 LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional space is needed for description, the description may be put on a.separate sheet and attached hereto).1 See attached sheet I peny6re aesizehtaat !tie above described property be changed from its present zoning which is a n d B 1 86 69 District Classification to P-D Si n g l e Family District Classification for the following reasons: (attach separate sheet if necessary) To provide for upscale Master Planned Single Family Community There (lac* (are not) deed restrictions pertaining to the intended use of the property. Status of Applicant lawn Engineer Tenant Prospective Purchaser I have attached hereto as Exhibit "A" a plat showi the property ' h is the subject of this requested zoning change and have read the folio g concerning the imp rtance of my submitting to the City a sufficient legal description. Signed REC'D MAY 2 01998 Page 2 of 2 Note: 1 The legal description is used to publish notice of the required hearing and in the preparation of the final ordinance granting the zoning change. The description must be sufficient so as to allow a qualified surveyor to take the description and locate and mark off the tract on the ground. Each applicant should protect himself by having a surveyor or his attorney approve his legal description. Failure to.do so by the applicant may result in delay in passage of the final ordinance or the ordinance being declared invalid at some later date because of an insufficient legal description. 2 If the applicant is someone other than the owner, written acknowledgement by the owner of the zoning request must also be submitted. PED`D MAY 2 01998 Pece i r-1- 4341(a).fld BEING all of that certain lot, tract or parcel of land situated in the City of Wylie, Texas, out of the Moses Sparks Survey, Abstract No. 849, Collin County,Texas, and being the property conveyed to The Texas Presbyterian Foundation, a Texas non-profit corporation, by deed as recorded in Volume 2278 at Page 155 of the Deed Records of Collin County, Texas, and being more particularly described by metes and bounds as follows; BEGINNING at a 5/8" iron rod for the Northwest corner of said Texas Presbyterian Foundation tract, said point being in the center of McCreary Road (100 foot right of way) and also being the Northwest corner of a 50 foot permanent roadway and utility easement conveyed to the City of Wylie, Texas as recorded in Volume 2245 at Page 29 of the Deed Records of Collin County, Texas; THENCE, N 89° 56' 39" E, and passing the Southwest corner of a tract of land conveyed to Clayton/Cambridge Joint Venture as recorded in County Clerk File No. 92-0045237 at 55.03 feet and continuing along the common line of said Clayton/Cambridge tract and The Texas Presbyterian Foundation tract for a distance of 1333.54 feet (1334.17 feet deed) to a 5/8" iron rod found for corner, said point also being the Northwest corner of a tract of land conveyed to William E. Campbell Jr., Trustee by deed as recorded in Volume 872 at Page 153 of the Deed Records of Collin County, Texas; THENCE, S 02° 21' 37" W, along the common line of said Campbell tract and The Texas Presbyterian Foundation tract for a distance of 1499.60 feet (1502.41 feet deed ) to a 1/2" iron rod found for corner; THENCE, N 86° 13' 20" W, and continuing along, the common line of said Campbell and The Texas Presbyterian Foundation tract for a distance of 17.31 feet to a 2" iron pipe found for corner, said point being the Northeast corner of a tract of land conveyed to Parker International Corporation by deed as recorded in County Clerk File No. 94- 0076703 of the Deed Records of Collin County, Texas; THENCE, N 89° 20' 39" W, and following the north line of said Parker International Corporation tract for a distance of 1302.27 feet to a 5/8"iron rod set for corner, said point being, in the center of the aforesaid McCreary Road (100 foot right-of-way); THENCE, N 01° 50' 33" E, along. the center of said McCreary Road and the West line of The Texas Presbyterian Foundation tract for a distance of 1482.91 feet (1499.64 feet deed) to the PLACE OF BEGINNING and containing 45.3768 acres of land more or less. WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATIONrtiliPJ" September 8, 1998 Item No. '1 Issue: Consider and Act Upon a Preliminary Plat/Development Plan for Phase III of Sage Creek, Amending the Comprehensive Zoning Ordinance No. 85-23A. The Tract is Situated in the Moses Sparks Survey, Abstract No. 849, Collin County, Texas and Generally Located Along the East Side of McCreary Road Just South of Southfork Mobile Home Park. Background: The preliminary plat/development plan under consideration is Phase III of Sage Creek Estates. The applicant is preliminary platting 45.3768 acres in order to develop the property with a master planned single family residential community. The development plan aspect of this case is the final step associated with establishing the PD (Planned Development) zoning requested in ZC. No. 98-07. In order to establish a PD (Planned Development), the developer must follow a two-step process which includes submitting for approval a Conceptual Plan and a Development Plan. The developer must first submit for approval a Conceptual Plan. The Conceptual Plan must show the applicant's intent for the use of the land within the proposed development in a graphic manner as required by Staff, and be supported by written documentation of proposals and standards for development. The Conceptual Plan must also show thoroughfares, preliminary lotting arrangements and other pertinent development data deemed necessary. Once Staff has determined that the applicant has provided sufficient information, a Public Hearing must be held at which the Conceptual Plan will be submitted to the Planning and Zoning Commission to consider recommending approval or denial of the Conceptual Plan to the City Council. Once the Planning and Zoning Commission has taken action, the City Council will call a Public Hearing at which the Conceptual Plan will be submitted for approval. The Second phase of establishing a PD District is submitting for approval a Development Plan. The Development Plan shall set forth the final plans for the PD District and shall conform to the data presented and approved on the Conceptual Plan. The Development Plan is a complete site inventory analysis of what is to be developed. The ordinance establishing the PD District will not be approved until a Development Plan has been approved. Other Considerations: The Comprehensive Plan recommends Single Family Residential uses for the property. The proposed zoning and land use are consistent with Comprehensive Plan and compatible with the surrounding residential to the north. Item for Individual Consideration Preliminary Plat-Phase III Sage Creek Page 1 Staff has reviewed the proposed preliminary plat/development plan for Phase III of Sage Creek and found it to be in compliance with the concept plan proposed in ZC. No. 98-07. This preliminary plat/development plan also complies with the Subdivision regulations and other pertinent ordinances of the City of Wylie except for right-of-way dedication. Section 5.04 C. (1) of the Subdivision Regulations state that the property owner shall provide all right-of-way required for existing or future streets, including perimeter streets, as shown in the Thoroughfare Plan. The preliminary plat/development plan under consideration shows a permanent roadway easement along McCreary Road. Should the Commission recommend approval, said easement needs to be dedicated to the city as right-of way for McCreary Road as shown in the Thoroughfare Plan. The applicant is filing this PD in order to ensure a quality development and request one (1) variance to the single family residential requirements. Specific reductions to the single family residential area regulations being requested are as follows: ...................................................... each lessthanft. on n Not 6 structures and 10 ft. between thelotand 20 ft. for sidef n o r adjacent for yards 15 ft. side a Y i oasde sideyardsadjacent t r id street. toas e street. Section 5.01 C. (1) (b) of the Subdivision Regulations state that all subdivisions must have two means of access or approach. Where development phasing or constraints of the land prevent the provision of a second, separate means of access, the city may accept a median divided street or divided entry to satisfy this requirement. Riverway Lane was preliminary platted as the one point of divided approach for Phase II of Sage Creek(the 62 acre tract to the east). The applicant is proposing to utilize Riverway Lane as the one point of divided approach for both Phase II and Phase III. As a result and consistent with the City's traffic consultant (Transportation Strategies, Incorporated), staff recommends that no more than 20% of the lots (26) in this phase should be permitted prior to secondary access being provided. Park Plans for the City recommend that an additional five (5) acres be dedicated and provided adjacent to a school site playground proposed as a joint use concept or neighborhood park. The Parks Board reviewed this proposal at their July 27, 1998, and voted unanimously to accepted payment in lieu of park land dedication. Per the Park Board recommendation, the applicant has removed the proposed park land dedication. The applicant has proposed a minimum dwelling size of 1,600 sq. ft. The minimum dwelling size permitted within the SF-3 district is 1,100 sq. ft. The applicant will be required to plat the property prior to the issuance of any building permits. Financial Considerations: Application fee: $383.00 Item for Individual Consideration Preliminary Plat-Phase III Sage Creek Page 2 Commission Recommendation: Staff will provide an update at the September 8, 1998, meeting should the Commission take action_ /4- Mdkj, 6404. Prepared by r ►2 Rev; ed by Finance City Manager Approval � l/r Item for Individual Consideration Preliminary Plat-Phase III Sage Creek Page 3 Page 1 of 3 City of Wylie (1/95) APPLICATION AND PRELIMINARY PLAT CHECKLIST Date Name of Proposed Development LAKESIDE ESTATES PHASE III Name of Property CAM/Developer PARAMOUNT LAND DEVELOPMENT, INC. Address 15851 Dallas Parkway , Suite 100 Phone 972-490-3255 Dallas , Texas /5248 Owner of Record THE TEXAS PRESBYTERIAN FOUNDATION Address 3500 Oak Lawn Ave. , Suite 300 Phone Dallas , Texas 75219 Name of Land Planner TIPTON ENGINEERING, INC. Surveyor/Engineer Address 6330 Broadway , Suite C Phone 972-226-2967 Garland, Texas 75043 Total Acreage 45.376 Current Zoning P-D Single Family Number of Lots/Units 200 Signed PA-T- A KINS, REPRESENTATIVE TIPTON ENGINEERING, INC. The Preliminary Plat shall be drawn legibly in ink on a Mylar sheet not exceeding 24" x 36", showing all data on a scale not to exceed 1" = 100' with a graphic scale provided. Three sets of blueline prints shall be submitted along with a copy of the boundary traverse calculations of the subdivision. Plats prepared using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on diskette to the City. The following Preliminary Plat Checklist is used to check compliance with the Wylie Subdivision Regulations. The following checklist is intended only as a reminder and a guide for those requirements. Provided or Not Shown on Plat Applicable X 1. The boundary line (accurate in scale and orientation) of the tract to be subdivided. ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO PD, PLANNED DEVELOPMENT DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. (a) That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of PD, Planned Development District Classification, said property being described in Exhibit "A" attached hereto and made a part hereof for all purposes. (b) The use of all property in such area being limited to and governed by the following conditions: Permitted Uses: Single Family Detached Dwellings, Public Schools, and accessory uses customarily incidental to the use. Churches and church related uses as permitted by specific use permit. Area Regulations: Front Yard: Minimum front yard building line 25' (Twenty-Five Feet). To be measured from the front building line. Rear Yard: There shall be a rear yard having a depth being not less than 25' (Twenty-Five Feet) with a minimum of 25' (Twenty Feet) for garage setbacks. Side Yard: A side yard provided whereas a separation of 10' (Ten Feet) is always maintained between structures. A side yard adjacent to a side street shall not be less than 15' (Fifteen Feet), even when a side yard is across from a front yard, the side yard shall be 15' (Fifteen Feet). Lot Width: There shall be a minimum lot width of 60' (Sixty Feet) measured at the front building line. Minimum Lot Depth: There shall be a minimum lot depth of 100' (One Hundred Feet) and 100' (One Hundred Feet) at cul-de-sac. Height Regulations: No building shall exceed 30' (Thirty Feet) or two (2) stories. Minimum Dwelling Size:Minimum dwelling size shall be 1,600 sq. ft.(One Thousand Six Hundred Square Feet). Lot Coverage:In no case shall more than 60% (Sixty Percent) of the total area be covered by the combined area of the main buildings and accessory buildings. Minimum Masonry: Facade: All main buildings shall have exterior construction of a minimum of 75% (Seventy-Five Percent)brick, tiles, cement, concrete, stone or similar materials. Screening Wall: Proposed masonry screening wall shall be located on private property and maintained by the Homeowners Association. Secondary Access: Per Section 5.01 C. (1) (b) of Ordinance 93-33, Subdivision Regulations, secondary access shall be required for Development Plan of Sage Creek Phase III at the time one (1) of the following two (2) events occur: 1. Application for housing permits have been submitted for 20% of the lots within Development Plan of Sage Creek Phase III; or 2. Two calendar years beginning with the date of adoption of this ordinance. (c) Subsequent to the occurrence of one (1) of the two (2) above referenced events, no permit of any kind will be issued within the Development Plan of Sage Creek Phase III prior to the City's final approval and acceptance of secondary access for Development Plan of Sage Creek Phase III. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, 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 so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. 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 7. The repeal of any ordinance, or 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 day of , 1998. By John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION September 8, 1998 Item No. S Issue: Consider and Act Upon a Final Plat for Phase V of the Newport Harbor Addition, Proposed by Carter &Burgess, Inc. for Centex Homes, Generally Located Along the East Side of FM 1378 Just South of Anchor Drive and Being All of a Certain 26.753 Acre Tract Out of the James McUlmurry Survey, Abstract No. 629, City of Wylie, Collin County, Texas. Background: The final plat under consideration is for Phase V of the Newport Harbor Addition. The applicant is platting 26.753 acres in order to develop the property with 110 single family residential lots. The property is currently vacant, unplatted, and zoned for SF-3 (Single Family Residential) uses. Financial Considerations: Impact fees for 110 lots in Phase V amount to $232,320.00 Other Considerations: Staff has reviewed the proposed plat for Phase IV of the New port Harbor Addition and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie except for notarized block length. Specifically, Section 5.02 D (2) of the Subdivision Regulations states that the block length in residential areas shall not exceed 1,200 feet. The applicant is requesting a variance to this requirement as the length being proposed for Block 3 is 1,500 feet. The variance being proposed is consistent with the preliminary plat approved for this development. Commission Recommendation: At the August 17, 1998, Planning and Zoning Commission meeting, the Commission voted unanimously to favorably recommend this case. Staff Recommendation: Approval for Construction. The Department's of Public Works, Fire, and Community Development concur with this recommendation. Attachments: Final Plat Application Final Plat 1-0411 )(1/L916 . �Y1Cf/064 Prepared by v / 9 Rev' ed by Financ City Manager Approval Item for Individual Consideration Final Plat-Newport Harbor Phase V Page 1 • Page 1 of 3 . City of Wylie (1/95) APPLICATION AND FINAL PLAT CHECKLIST Date July 7, 1998 Name of Proposed Development • Newport Harbor, Phase V • • Name of Property Owner/Developer Centex Homes : Address 2800 Surveyor Blvd. Carrollton, TX 75006 Phone (972) 417-3562 Owner of Record Same as above Address Phone Name of Land Planner Carter & Burgess, Inc. Surveyor/Engineer Address 7950 Elmbrook Dr. 1250 Dallas, Tx 75247 Phone (214) 638-0145 ( 11/ Total Acreage 26.753 acres Current Z ning F-3 Number of Lots/Units 110 • Signed • • The Final Plat shall generally conform to the Preliminary Plat, as approved by the City'Council and shall be drawn legibly to show all data on a scale not smaller than 1" = 100'with a graphic scale provided.. Six sets of direct prints and three Mylars of all originals, plus one on Mylar to be 17-1R" x 23-3/4" shall be submitted. Plats prepared using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on diskette to the City. The following Final Plat Checklist is used to check compliance with the Wylie Subdivision Regulations. The following checklist is intended only as a reminder and a guide for those requirements. Page2of3 REC'D J U L 131998 WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION September 8, 1998 Item No. q Issue Conduct a Public Hearing on the Proposed Tax Rate for Fiscal Year 1998-99 and Provide Taxpayers an Opportunity to Express their Views on the Tax Increase. At the End of the Hearing, the City Council Must Set and Announce the Date, Time and Place of the Meeting at Which it Will Vote on the Final Proposed Tax Rate. Background In accordance with the "Truth-in-Taxation" laws of the State of Texas, on August 11, 1998 the City Council took a role call vote on the proposed tax rate and scheduled a public hearing on the tax rate for September 8, 1998. The results of the record vote on the proposed tax rate and the notice of the public hearing was published in the Wylie News on August 19,1998. The purpose of the public hearing on September 8, 1998 is to give the taxpayers an opportunity to express their views on the tax increase. The City Council may not adopt the tax rate at this hearing. Instead, at the end of the hearing, it must set and announce the date, time and place of the meeting at which it will vote on the final proposed tax rate. The second public hearing will be on September 22, 1998 to vote on the final tax rate. After the September 8th meeting and before the meeting scheduled for the final tax vote, the City Council must publish a second quarter-page notice - "Notice of Vote on Tax Rate". The official detailed effective tax rate calculations available in the office of the Collin County Tax Assessor/Collector(Kenneth Maun) in McKinney. A copy is also maintained in the Finance Department for the Council and the public to view. Financial Considerations The proposed budget is based on the proposed tax rate of.675 cents per $100 valuation. This is the rate previously discussed by council. Any change in the proposed tax rate will require revision of the proposed budget. Other Considerations The City is required by law to follow certain meeting and notice(publication) guidelines as shown on the attached calendar excerpt from the"Truth-in-Taxation" guide. Board/Commission Recommendation N/A Item for Individual Consideration Tax Rate Page 1 Staff Recommendation The staff recommends that the Council schedule the next required hearing on the tax increase for September 22, 1998 after the close of the public hearing. Attachments Notice of Public Hearing Published on August 19, 1998 Notice of 1998 Property Tax Rates in City of Wylie 1998 Planning Calendar(For Taxing Unit) 07 ift, (.68.Aco Prepared by Rev ed by Finan e City Manager Approval Item for Individual Consideration Tax Rate Page 2 • 1998 Planning Calendar (For Taxing Unit Use) May ? Mailing of notices of appraised value by chief appraiser. May 15 Deadline for submitting appraisal records to ARB. July 15 Deadline for commissioner of education to send notice to districts required to equalize wealth. July 20 Deadline for ARB to approve appraisal records. July 27 Deadline for chief appraiser to certify rolls to taxing units. Certification of anticipated collection rate by collector. August 6 Calculation of effective and rollback tax rates. August 12 Publication of effective and rollback tax rates; schedules and fund balances; submission to governing body. August 17 72-hours notice for meeting(Open Meetings Notice). August 11 Meeting of governing body to discuss tax rate; if proposed tax rate will raise more rev- enue than the preceding year's revenue, take record vote and schedule public hearing. August 19 "Notice of Public Hearing on Tax Increase" (1st quarter-page notice) published at least seven days before public hearing. September 4 72-hour notice for public hearing (Open Meetings Notice). SPptemhPr 8 Public hearing; schedule and announce meeting to adopt tax rate 3-14 days from this date. September 16 "Notice of Vote on Tax Rate" (2nd quarter-page notice) published before meeting to adopt tax rate. September 18 72-hour notice for meeting at which governing body will adopt tax rate. September 22 Meeting to adopt tax rate. Meeting is 3 to 14 days after public hearing and by September 1, or as soon after as practicable. School districts subject to an equalized wealth notice must wait to adopt a tax rate until the commissioner certifies the wealth is equalized[Section 41.004(c), Education Code). 27 Truth-in-Taxation—May 1998 Tr 1 Notice of Public Hearing on Tax Increase The City of Wylie will hold a public hearing on a proposal to increase total tax revenues from properties on the tax roll by 8.665 percent. Your individual taxes may increase or decrease, depending on the change in the taxable value of your property in relation to the change in taxable value of all other property and the tax rate that is adopted. • The public hearing will be held on September 8, 1998, at 7:00 P.M. at City Hall Council Chambers. FOR the proposal: John Mondy J.C. Worley Joel Scott Reta Allen Lavern Ramsey Merrill Young Chris Trout AGAINST the proposal: None PRESENT and not voting: None ABSENT: None The following table compares taxes on an average home in this taxing unit last year to taxes proposed on the average home this year. Again, your individual taxes may be higher or lower, depending on the taxable value of your property. Last Year This Year Average residence homestead value $78,093 $79,752 General exemptions available $0 $0 (amount available on the average homestead, not including senior citizen's or disabled person's exemptions) Average taxable value $78,093 $79,752 Tax rate 0.675000 0.675000 Tax $527.13 $538.33 Under this proposal, taxes on the average homestead would increase by$11.20 or 2.12 percent compared with last year's taxes. Comparing tax rates without adjusting for changes in property value, the tax rate would increase by $0.00 per $100 of taxable value or 0.00 percent compared to last year's tax rate. These tax rate figures are not adjusted for changes in the taxable value of property. 12-1t-c. • PUBLISHED IN THE WYLIE NEWS ON AUGUST 19, 1998 1998 Property Tax Rates in City of Wylie This notice concerns 1998 property tax rates for City of Wylie.It presents information about three tax rates. Last year's tax rate is the actual rate the taxing unit used to determine property taxes last year.This year's effec- tive tax rate would impose the same total taxes as last year if you compare properties taxed in both years.This year's rollback tax rate is the highest tax rate the taxing unit can set before taxpayers can start tax rollback pro- cedures.In each case these rates are found by dividing the total amount of taxes by the tax base(the total value of taxable property)with adjustments as required by state law.The rates are given per$100 of property value. Last year's tax rate: Last year's operating taxes $2,311,131 Last year's debt taxes $566,591 Last year's total taxes $2,877,722 Last year's tax base $426,329,222 Last year's total tax rate 0.675000/$100 This year's effective tax rate: Last year's adjusted taxes $2,872,526 (after subtracting taxes on lost property) /This year's adjusted tax base $436,771,560 (after subtracting value of new property) =This year's effective tax rate 0.657672/$100 This year's rollback tax rate: Last year's adjusted operating taxes (after subtracting taxes on lost property and adjusting Appeared in the for transferred function) $2,306,957 Wylie News on /This year's adjusted tax base $436,771,560 August 12, 1998 =This year's effective operating rate 0.528184/$100 X 1.08=This year's maximum operating rate 0.570438/$100 +This year's debt rate 0.160399/$100 =This year's rollback rate 0.730837/$100 SCHEDULE A Unencumbered Fund Balances The following estimated balances will be left in the unit's property tax accounts at the end of the fiscal year. These balances are not encumbered by a corresponding debt obligation. Type of Property Tax Fund Balance Maintenance&Operations $1,027,050 Interest&Sinking $158,600 SCHEDULE B 1998 Debt Service The unit plans to pay the following amounts for long-term debts that are secured by property taxes.These amounts will be paid from property tax revenues(or additional sales tax revenues,if applicable). Description of Debt Principal or contract Interest to be pd Other amts Total payment to be pd from prop taxes to be pd pmt from prop taxes Certificates of obligation 1990 $35,055 $3,470. $350 $38,875 Surplus Revenue Refunding Bonds-1993 $122,362 $102,117 $350 $224,829 General Obligation Bonds 1995 $50,576 $80,804 $350 $131,730 Certificates of Obligation 1997 $44,444 $82,485 $350 $127,279 Tax Notes-1998 $130,600 $47,666 $350 $178,016 Public Property Finance Cont.Oblig. $30,000 $12,201 $350 $42,551 Total required for 1998 debt service $743,280 -Amount(if any)paid from funds listed in Schedule A $0 -Excess collections last year $0 =Total to be paid from taxes in 1998 $743,280 +Amount added in anticipation that unit will collect only 100%of taxes in 1998 $0 =Total Debt Levy $743,280 This notice contains a summary of actual effective and rollback tax rate calculations.You can inspect a copy of the full calculations at1434 N.Central Expressway,Ste 116,McKinney,Texas 75069. Name of person preparing this notice:Kenneth L.Maun Title:Tax Assessor Collector Date Prepared:August 6,1998 11-1t-339 • - a • - • • - - i• • • • _ _ 111 „ . • . . •