02-23-1992 (City Council) Agenda Packet WYLIE CITY COUNCIL
FEBRUARY 23, 1993
7:00 P.M.
MUNICIPAL COMPLEX
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AGENDA
WYLIE CITY COUNCIL
FEBRUARY 23, 1993
7:00 P.M.
MUNICIPAL COMPLEX
CALL TO ORDER
INVOCATION - Reverend Al Draper
PLEDGE OF ALLEGIANCE
CONSENT AGENDA
1 . Consider Approval of the Minutes of February 9, 1993
2. Consider Approval of an Ordinance Authorizing a Change in
Zoning from Agricultural to "SF-1" Single Family Zoning
Classification on a Tract of Land Located in the Vicinity of
McMillen Road and FM-1378
3. Consider Approval of a Resolution Declaring March 1 through
March 5 as Public Schools Week
PRESENTATION TO WYLIE I.S.D. OF PUBLIC SCHOOLS RESOLUTION
ACTION ITEMS
4. Discuss and Consider Action Related to a Lone Star Rate
Increase Proposal
5. Discuss and Consider Action Related to a TU Electric Rate
Increase Proposal
6. Hear Report from Jim Smith of the Development Corporation
of Wylie and Take Any Necessary Action
7. Discuss and Consider Approval of an Ordinance Amending
Various Fees in the Wylie Code of Ordinances
8. Discuss and Consider Authorizing the City Manager to Execute
a Contract with Allen Weiss Enterprises for Concessions at
Community Park
9. Discuss and Consider Approval of an Ordinance Regulating
Sexually Oriented Businesses
STAFF REPORTS
10. City Manager's Report C- _
> 41L
C -
11. City Attorney's Report G�, ' 6
CITIZEN PARTICIPATION
EXECUTIVE SESSION
12. Hold Executive Session Under Article 6252-17 V.A.C.S. to
Discuss Personnel: Appointment of Election Judges
Evaluation of City Attorney
Evaluation of City Manager
13. Take Any Necessary Action as a Result of Executive Sessions
Regarding Re: Appointment of Election Judges
Evaluation of City Attorney
Evaluation of City Manager
ADJOURNMENT
Posted this the 19th day of February, 1993 at 5:00 p.m.
1l
Ma Ni of , City Secretary
City of Wylie
AGENDA COMMUNICATION
SUBMITTED BY: City Secretary DIRECTOR: Mary Nichols
DATE REFERENCE NO. SUBJECT
2/23/93 1 Minutes of February 9, 1993
SUMMARY OF SUBJECT:
Attached are the minutes of your last meeting. You may approve them as submitted
or with changes.
,„ ALTERNATIVES:
Approve Minutes
Approve Minutes with Corrections
Table Minutes
ACTION REQUESTED:
REVENUE SOURCES: EXPENDITURE ACCOUNTS:
BUDGETED FISCAL YEAR(s):
ESTIMATED EXPENDITURE:
PERSONNEL ❑ OVER/UNDER PROJECTIONS BY:
OPERATIONS ❑ ONE-TIME ❑ • S
CAPITAL ❑ RECURRING ❑ OTHER COMMENTS:
USER DEPARTMENT COMMENTS:
— SUPPORTING DOCUMENTS:
BACKGROUND MEMO . MINUTES LETTER
C.I.P. ORDINANCE/RESOLUTION OTHER
BUDGET WYLIE CODE OTHER
MAP, PLAN, SKETCH BID TAB/SPECS OTHER
MINUTES LEGAL
REVIEWED BY:
CITY MANAGER DIRECTOR OF PARKS/REC. y CITY SECRETARY
DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR
POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR.
FIRE CHIEF • - DIRECTOR OF PUBLIC BUILDING OFFICIAL
WORKS
APPROVED FOR SUBMISSION TO CITY COUNCIL
CITY MANAGER
MINUTES OF THE WYLIE CITY COUNCIL
FEBRUARY 9, 1993
CALL TO ORDER
5
Mayor John Akin called the meeting to order with the following Councilmembers
present: Jim Swartz, Reta Allen, Jay Davis, Ortie Messenger, Steve Wright, and Bud
Naish. No Councilmembers were absent.
10 MINUTES OF JANUARY 14, JANUARY 23, AND JANUARY 26, 1993
Messenger made a motion to approve the minutes. Naish seconded the motion.
The motion was voted on and passed unanimously.
15 APPOINTMENT WITH BETTY STEWART REGARDING INTENT TO INCREASE RATES
FILED ON FEBRUARY 2, 1993
Council heard a report from Betty Stewart regarding Lone Star's proposed rate
increases. Stewart stated that a rate increase had not been enacted since 1986 although
20 costs of operation had increased dramatically. She stated that the increase would
generate $71,281 in revenue provided service levels did not change which would
increase average summer household bills by approximately $3.20 and average winter
household bills an estimated$2.65. Stewart outlined other proposed changes as follows;
25 1) a three step declining block rate for commercial customers
2) elimination of school rates
3) weather normalization adjustment clause
30
Council heard additional comments from Ben Husson of the Economic Development
Department at Lone Star regarding the weather normalization process. Council
discussed available options and took no action on this item.
35 APPOINTMENT WITH DARRELL PRCIN, REPRESENTING TU ELECTRIC,
REGARDING INTENT TO INCREASE RATES FILED ON JANUARY 22, 1993
Council heard a report from Darrell Prcin, who explained that since 1981, TU
clientele had increased 30 percent and the proposed rate scheduled would provide an
40 additional 760 million dollars in revenue. He stated that reorganization, including the
closing of the Wylie office, would save 116 million dollars. Council questioned Prcin
regarding the rate structure, payment locations, and the rate suspension process. After
Council discussion, no action was taken.
1
PUBLIC HEARING REGARDING REQUEST FROM SHOOTING STAR LAND
45 COMPANY FOR A CHANGE IN ZONING FROM AGRICULTURAL TO "SF-1" SINGLE
FAMILY ON APPROXIMATELY 94 ACRES IN THE VICINITY OF MCMILLEN ROAD
AND FM-1378 AND PRELIMINARY PLAT FOR MCMILLEN FARMS ADDITION
Mayor Akin opened the public hearing and as there was no one present wanting
50 to address the issue, the public hearing was closed. Building Official Mike Schmidt
explained the applicant's request and answered questions of Council. Davis made a
motion to approve the zone change and the preliminary plat. Naish seconded the
motion. The motion was voted on and passed unanimously.
55 PUBLIC HEARING AND ORDINANCE NO. 93-6 AMENDING THE COMPREHENSIVE
ZONING ORDINANCE REGARDING HEIGHT REGULATIONS IN RESIDENTIAL
DISTRICTS
Mayor Akin opened the public hearing and as there was no one present wanting
60 to address this issue, the public hearing was closed. Mayor Akin read the ordinance
caption. Wright made a motion to approve the ordinance. Naish seconded the motion.
The motion was voted on and passed unanimously.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING SECTIONS 9.1, 10.2, 11.2,
65 12.2, AND 13.2 OF THE WYLIE ZONING ORDINANCE AS CODIFIED IN CHAPTER 12,
SECTION 1 OF THE WYLIE CITY CODE, CONCERNING HEIGHT RESTRICTIONS IN SINGLE
FAMILY RESIDENTIAL DISTRICTS SF-1, SF-2, SF-3, TWO FAMILY RESIDENTIAL (2-F)
DISTRICTS, AND SINGLE FAMILY ATTACHED (SF-A) DISTRICTS, REPEALING ALL
CONFLICTING CODE SECTIONS AND CONFLICTING ORDINANCES; CONTAINING A
70 SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE
RESOLUTION NO. 93-3 CALLING THE 1993 MUNICIPAL ELECTION AND
ESTABLISHING PROVISIONS RELATED TO THE CONDUCT OF THE ELECTION
75 Wright made a motion to approve the resolution. Naish seconded the motion.
The motion was voted on and passed unanimously.
ORDINANCE 93-7 AMENDING PRO-RATA REQUIREMENTS
80 Mayor Akin read the ordinance caption. Naish made a motion to approve the
ordinance. Swartz seconded the motion. The motion was voted on and passed
unanimously.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING SECTION 11 OF CHAPTER
85 11 OF THE WYLIE CITY CODE PERTAINING TO THE ASSESSMENT, COLLECTION, AND
DISTRIBUTION OF PRO-RATA CHARGES FOR WATER AND SANITARY SEWER MAINS,
REPEALING ALL CONFLICTING ORDINANCE; CONTAINING A SEVERABILITY CLAUSE;AND
PROVIDING FOR AN EFFECTIVE DATE
2
90 AWARD OF PROPOSAL FOR ENGINEERING SERVICES FOR PROPOSES NTMWD
GRAVITY SEWER MAIN
City Manager Steve Norwood recommended award of the proposal to the Hogan
Corporation in the amount of$17,000. Norwood explained that the line would enable the
95 City to abandon the North Texas lift station and direct flow to the Rush Creek lift station.
He noted that such abandonment would require an estimated $80,000 upgrade to the
Rush Creek lift station. Council asked questions of Robert E. Hogan, president of Hogan
Corporation, and Greg McLain, engineer with the firm. Davis made a motion to award
the proposal to Hogan Corporation in the amount of $17,000 with the provision that
100 Hogan return to the City Council with a Rush Creek proposal and any change order
beyond the $17,000. Wright seconded the motion. The motion was voted on and
passed unanimously.
ORDINANCE NO. 93-8 REGULATING THE DISPLAY OF SEXUALLY EXPLICIT
105 MATERIALS
Mayor Akin read the ordinance caption. Wright made a motion to approve the
ordinance. Allen seconded the motion. The motion was voted on and passed
unanimously.
110
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE WYLIE CITY CODE BY
ADDING A SECTION PROHIBITING THE DISPLAY OF SEXUALLY EXPLICIT MATERIALS TO
MINORS, REPEALING ALL CONFLICTING ORDINANCES AND CODE SECTIONS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE
- 115
ORDINANCE NO. 93-9 AMENDING ATHLETIC FIELD POLICIES
Mayor Akin read the ordinance caption. Messenger made a motion to approve
the ordinance. Naish seconded the motion. The motion was voted on and passed
120 unanimously.
AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,AMENDING ORDINANCE NO.91-2,RULES
AND REGULATIONS, AMENDING RULES AND REGULATIONS FOR THE OPERATIONS OF
THE CITY COMMUNITY PARK FACILITIES AND RECREATION AREAS; PROVIDING FOR THE
125 PARKS AND RECREATION DIRECTOR TO ADMINISTER THESE POLICIES; PROVIDING FOR
FUTURE AMENDMENTS; PROVIDING FOR AN EFFECTIVE DATE
REQUEST FROM WYLIE SPORTS ASSOCIATION FOR USE OF CITY PARK AREAS
FOR OPENING DAY CEREMONY
130
Swartz made a motion to approve the request. Messenger seconded the motion.
The motion was voted on and passed unanimously.
135
3
STAFF REPORTS
City Manager Steve Norwood notified Council of the project completion of paving
and drainage improvements on Birmingham and noted that April 17th would begin the
140 Wylie Clean-Up and Green-Up Program. Director of Finance Brady Snellgrove reviewed
the financial reports and City Attorney Steve Deiter noted that the new court system was
operational.
CITIZEN PARTICIPATION
145
Tommy Pulliam, representing WSA, requested that Council consider waiving
tournament fees for youth tournaments as they were not fund-raisers.
EXECUTIVE SESSION
150
Council adjourned into Executive Session at 9:30 p.m. under Article 6252-17
V.A.C.S. to discuss personnel regarding appointments to boards and committees. Upon
reconvening into regular session at 9:35 p.m., no action was taken.
155 ADJOURNMENT
As there was no further business to come before Council for consideration, the
meeting adjourned.
160
Mayor
165 Attest
4
City of Wylie
AGENDA COMMUNICATION
SUBMITTED BY: I F(AI flFPARTMFNT DIRECTOR: STFVFN P I)FTTF• .*
, /
DATE REFERENCE NO. SUBJECT
2-18-93 a CHANGE OF ZONING CLASSIFICATION FOR MCM LLEN FARMS
SUMMARY OF SUBJECT:
THIS PROPERTY IS LOCATED AT THE SW CORNER OF MCMILLEN ROAD AND FM1378
AND IS BEING DEVELOPED INTO 10 ACRE TRACTS . INCIDENT TO THE PLATTING
THE OWNERS REQUESTED CHANGE OF ZONING CLASSIFICATION FROM AGRICULTURAL
TO RESIDENTIAL SF-1 .
P&Z HAS RECOMMENDED THE CHANGE AND THE COUNCIL HAS APPR'VED IT AT ITS
LAST MEETING . PASSAGE OF AN ORDINANCE IS NECESSARY TO EFFECTUATE
THE CHANGE .
ALTERNATIVES:
1 ) PASS ORDINANCE AS PROPOSED
2) PASS ORDINANCE WITH APPROPRIATE CORRECTIONS
ACTION REQUESTED:
ALTERNATIVE 1) PASSING ORDINANCE CHANGING ZONING CLASSIFICATION ON
MCMILLEN FARMS FROM AGRICULTURAL TO SINGLE FAMILY RESIDENTIAL SF-1
REVENUE SOURCES: EXPENDITURE ACCOUNTS:
N/A
,1/A
BUDGETED FISCAL YEAR(s):
ESTIMATED EXPENDITURE:
S
PERSONNEL ❑ OVER/UNDER PROJECTIONS BY:
" OPERATIONS ❑ ONE-TIME 0 • S
CAPITAL ❑ RECURRING 0 OTHER COMMENTS:
USER DEPARTMENT COMMENTS:
- SUPPORTING DOCUMENTS: PART pF AGENDA PACKET)
XXX BACKGROUND MEMO XXX MINUTES LETTER
C.I.P. XX ORDINANCE/RESOLUTION OTHER
BUDGET WYLIE CODE OTHER
MAP, PLAN, SKETCH BID TAB/SPECS OTHER
MINUTES xx LEGAL
REVIEWED BY:
XXX CITY MANAGER DIRECTOR OF PARKS/REC. xx CITY SECRETARY
DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR
"" POLICE CHIEF --XXFITY ATTORNEY PUBLIC WORKS SUPR.
FIRE CHIEF • - DIRECTOR OF PUBLIC BUILDING OFFICIAL
WORKS
APPROVED FOR SUBMISSION TO CITY COUNCIL
CITY MANAGER
MEMORANDUM
TO: City Council 4111S1
FROM: Steve Deiter
SUBJECT: Rezoning of McMillen Farms Property
DATE: February 17, 1993
At the February 9, 1993 Council meeting the Council, following a public hearing on the
issue, voted to approved a zoning change, from Agricultural to Single Family Residential SF-1,
on a 93.827 acre tract commonly known a McMillen Farms and located at the Southwest corner
of the intersection of McMillen Road and FM 1378.
In order to making the change official the Council must now pass an Ordinance amending
the existing zoning classification. I have prepared an amendatory Ordinance for Council's
consideration and passage at its next meeting.
The ordinance forwarded herewith if fairly straight forward and does not need much
explanation, unless of course the Council has any question or concern over the same, in which
case I would be glad to provide whatever information required.
cc: Steve Norwood
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE ZONING
CLASSIFICATION A 93.827 ACRE TRACT IN THE JOHN MITCHELL SURVEY,
COLLIN COUNTY, TEXAS, GENERALLY LOCATED AT THE SOUTHWEST
INTERSECTION OF MCMILLEN ROAD (CR 298) AND FM 1378, FROM
AGRICULTURAL TO SINGLE FAMILY RESIDENTIAL (SF-1); AMENDING THE
COMPREHENSIVE ZONING ORDINANCE, BY AMENDING DISTRICT MAP
(ORDINANCE 91-12, ORDINANCE 91-13), ORDINANCE 86-95, AND REPEALING
ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the real property hereinafter described was annexed into the City under
Ordinance 86-95 adopted on the 23rd day of December, 1986; and,
WHEREAS, the zoning of the property was, by default, established as "Agricultural" as no
proceedings have ever been heretofore instituted to change such classification; and,
WHEREAS, the most recent Zoning District Map for the City, adopted on the 9th day of
July, 1991 by virtue of Ordinances 91-12 and 91-13, continued the Agricultural zoning of the
subject property, which it now enjoys; and,
WHEREAS, the owners of the property have properly filed a request with the City to change
the zoning classification from Agricultural to Single Family Residential SF-1; and,
WHEREAS, the Planning and Zoning Commission, after first having given all requisite
notices, by publication and otherwise, and conducting all requisite hearings thereon, has
recommended to the City Council that the request for change in zoning classification be granted;
and,
WHEREAS, the City Council has heretofore conducted a public hearing on the proposed
change and voted in open meeting to approve the same;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
SECTION I
That the Comprehensive Zoning Ordinance, as Codified by Section 1, of Chapter 12 of the
Wylie City Code, be, and it hereby is, amended by amending the Zoning District Map, as the
same currently exists, so as to change the zoning classification on the property described on the
attached Exhibit A (which is fully incorporated herein by reference) from Agricultural District
ORDINANCE NO. PAGE TWO
to Single Family Residential SF-1.
SECTION II
That the property herein described shall be used only in the manner and for the purposes
authorized by the Comprehensive Zoning Ordinance of the City of Wylie, as amended.
SECTION III
Any person violating the provisions of this ordinance, or any part hereof, shall be guilty
commits an unlawful act and shall be subject to the general penalty provisions of Section 37 of
the Zoning Ordinance, as the same now exists or is hereafter amended.
SECTION IV
Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity
of this ordinance as a whole or any part or provision thereof, other than the part or parts as
declared to be invalid, illegal, or unconstitutional.
SECTION V
This ordinance shall be in full force and effect from and after its adoption by the City
Council and publication of its caption as the law and the City Charter provide in such cases.
SECTION VI
That all other ordinances and code provisions in conflict herewith are hereby repealed to the
extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not
in conflict herewith shall remain in full force and effect.
SECTION VII
The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not
ORDINANCE NO. PAGE THREE
be construed as abandoning any action now pending under or by virtue of such ordinance; nor
shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or
to accrue, nor as effecting any rights of the municipality under any section or provisions of any
ordinances at the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this
23RD day of February, 1993.
By
John W. Akin
Mayor
ATTEST:
Mary Nichols
City Secretary
Approved:
Steven P. Deiter
City Attorney
TRACTS 1 THRU 9
McMILLEN FARMS
DESCRIPTION 93.827 Acres of Land
SITUATED in the City of Wylie, Collin County, Texas, in the John Mitchell
Survey, Abstract No. 589, being a resurvey of part of the 140.58 acre tract of
land described in document No. 92-0059223 from the RESOLUTION TRUST CORPORATION
(RTC) to Shooting Star, L. C. dated August 5, 1992, Recorded in the Collin County
Land Records, being described by metes and bounds as follows:
BEGINNING at an iron pin found at the northeast corner of said 140.58 acre
tract, in the west R.O.W. line of Farm Road No. 1378, at the east end of County
Road 298 (McMillen Road) ;
Thence southerly with said west R.O.W. line as follows:
South 0° 08' west, 575.82 feet;
South 0° 02' east, 1157. 18 feet to an iron pin set in said west R.O.W.
line, at the southeast corner of said 140.58 acre tract for a corner;
Thence westerly with the south line of said 140.58 acre tract and with an
established fence as follows:
South 89° 28' 34" west, 1012.59 feet to an iron pin found;
South 89° 29' 06" west, 474.97 feet to an iron pin found;
South 89° 29' 22" west, 629.57 feet to an iron pin found;
South 89° 13' 27" west, 240.56 feet to an iron pin set for a corner;
Thence north, passing an iron pin set at 1640.41 feet and continuing in all
1735.42 feet to a point in the north line of said 140.58 acre tract, in the
center of McMillen Road, County Road No. 298, (rock road) for a corner;
Thence north 89° 30' 53" east, 2358.32 feet to the PLACE OF BEGINNING and
containing 93.827 acres of land.
SURVEYED AND CERTIFIED CORRECT
4:03pm (Friday) February 12, 1993
G. M. GEER, REGISTERED PROFESSIONAL LAND SURVEYOR
TEX. REG. NO. 3258
1512 West University, Suite 200
Mckinney, Texas 75069
Phone (214) 542-3959
City of Wylie
AGENDA COMMUNICATION
City Secretary MaryNichols
SUBMITTED BY: DIRECTOR:
DATE REFERENCE NO. SUBJECT
2/23/93 3 Resolution Declaring Public Schools Week
SUMMARY OF SUBJECT:
This is a resolution that we approve every year supporting public schools week.
Betty Stephens will be here Tuesday night with several students from each campus
to receive a copy of the resolution.
-- ALTERNATIVES:
Approve the Resolution
Deny the Resolution
Table the Resolution
_ ACTION REQUESTED:
REVENUE SOURCES: EXPENDITURE ACCOUNTS:
BUDGETED FISCAL YEAR(s):
ESTIMATED EXPENDITURE:
S
PERSONNEL ❑ OVER/UNDER PROJECTIONS BY:
OPERATIONS ❑ ONE-TIME ❑ • S
CAPITAL ❑ RECURRING ❑ OTHER COMMENTS:
USER DEPARTMENT COMMENTS:
SUPPORTING DOCUMENTS:
BACKGROUND MEMO MINUTES LETTER
C.I.P. ORDINANCE/RESOLUTION OTHER
BUDGET WYLIE CODE OTHER
MAP, PLAN, SKETCH BID TAB/SPECS OTHER
MINUTES LEGAL
REVIEWED BY:
CITY MANAGER DIRECTOR OF PARKS/REC. 1( CITY SECRETARY
DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR
POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR.
FIRE CHIEF • - DIRECTOR OF PUBLIC BUILDING OFFICIAL
WORKS
APPROVED FOR SUBMISSION TO CITY COUNCIL
L1/00--cc
CITY MANAGER
Resolution No0 934
WHEREAS, the public schools are an important and integral part of our
society; and
WHEREAS, the concept of a free and equal education is an American
tradition and this country's strength; and
WHEREAS, the students of today are the leaders of tomorrow; and
WHEREAS, all citizens have a responsibility to support the public schools;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS THAT:
SECTION 1. The week of March 1 through March 5, 1993 is hereby
declared:
Texas Public Schools Week
SECTION 2. The City Council of the City of Wylie does hereby urge all
citizens to make a commitment to public education and to the Wylie
Independent School District children by visiting their local public schools
and by donating their time and talents to help make the public schools
even better.
DULY PASSED AND APPROVED THIS THE 23rd day of February, 1993.
Approved
Attest
•
City of Wylie
AGENDA COMMUNICATION
LEGAL DEPARTMENT STEVEN P. DEITE•
SUBMITTED BY: DIRECTOR: ` .,
DATE REFERENCE NO. SUBJECT
2-18-93 1 REQUESTED RATE INCREASE/RESTRUCTURE LON; STAR GAS
- SUMMARY OF SUBJECT:
LONE STAR GAS HAS FILED A REQUEST TO RAISE AND RESTRUCTURE ITS RATES FORT
NATURAL GAS SOLD IN THE CITY OF WYLIE . THE CHANGES WERE PRESENTED BY
LONE STAR GAS REP B . J . STEWART AT THE LAST COUNCIL MEETING .
COUNCIL HAS INDICATED ITS INTENT TO DENY THE REQUESTED INCREASE AND
DIRECTED ME TO PREPARE A RESOLUTION DECLARING SUCH DISAPPROVAL.
THE MATTER MAY BE APPEALED TO THE RAILROAD COMMISSION IF THE CITY DENIES"
THE INCREASE AND LONE STAR IS NOT SATISFIED
w ALTERNATIVES:
1) PASS RESOLUTION INDICATING OPPOSITION TO INCREASE
2) PASS ORDINANCE CONSENTING TO INCREASE
3) OTHER ACTION AS DEEMED APPROPRIATE BY COUNCIL
ACTION REQUESTED:
ASSUMING COUNCIL ' S INTENT IS TO DENY - - ALTERNATIVE 1) PASSAGE OF '3=:')1..-
UTION OPPOSING THE INCREASE
- REVENUE SOURCES: EXPENDITURE ACCOUNTS:
IF IWPFASF Tc M I n► cn THE
PLPNImGS FanM TTc F►_ANCHTSF FFFS
wn►►► n TNCRFA4F PROPORTTONATFI Y
BUDGETED FISCAL YEAR(s):
ESTIMATED EXPENDITURE:
S
PERSONNEL ❑ OVER/UNDER PROJECTIONS BY:
OPERATIONS ❑ ONE-TIME ❑ S
CAPITAL ❑ RECURRING 0 OTHER COMMENTS:
-- USER DEPARTMENT COMMENTS:
SUPPORTING DOCUMENTS:
xxx BACKGROUND MEMO MINUTES LETTER
C.I.P. xxx ORDINANCE/RESOLUTION OTHER
BUDGET WYLIE CODE OTHER
MAP, PLAN, SKETCH BID TAB/SPECS OTHER
MINUTES XXX LEGAL
REVIEWED BY:
XX CITY MANAGER DIRECTOR OF PARKS/REC. XX CITY SECRETARY
DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. UBRARY DIRECTOR
POLICE CHIEF AxX CITY ATTORNEY PUBUC WORKS SUPR.
FIRE CHIEF • - DIRECTOR OF PUBLIC BUILDING OFFICIAL
WORKS
APPROVED FOR SUBMISSION TO CITY COUNCIL
CITY ANAGER
MEMORANDUM
TO: City Council 41111b-
FROM: Steve Deiter
SUBJECT: Lone Star Gas - Proposa Rate Increase
DATE: February 17, 1993 •
In accordance with the direction of the Council I have prepared and forward herewith a
Resolution for the Council's consideration regarding the Lone Star increase. The resolution
states the City's opposition to the increase and further gives the reasons for the opposition.
The reasons stated are those idnetified by the Council at last night's work session. If the
reasons are in any way inaccurate, or if you desire further expression of the councils position on
this issue, please advise.
I did not include any reference to their paying a low franchise fee of 3%. If the franchise
fee was at 5% the City itself would be receiving more income but the customers would be paying
the additional 2%. Since the tenor of the Resolution and the Council's opposition is to prevent
further increases to the customers referencing the low franchise fee as a reason for denial may
not be congruous with the rest of the resolution.
Nonetheless if the Council desires to state the low franchise fee as a reason I will gladly
change the Resolution to reflect this position.
As I am writing this memorandum the staff has not contacted B. J. Stewart concerning
possible compromises. In the event such a compromise could be worked out before the meeting
the proposed resolution may not be desired.
Lone Star's request is for the Council to pass an Ordinance approving the rate change. I am
forwarding a copy of the proposed Ordinance for your review, as the same would need to be
passed if a compromise was reached prior to Tuesday's Council meeting.
Should any of you have any question on this matter please do not hesitate to contact me at
your convenience.
cc: Steve Norwood
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
DECLARING THE CITY'S OPPOSITION TO THE PROPOSED RATE INCREASE AND
CHANGED RATE SCHEDULES AS REQUESTED BY LONE STAR GAS COMPANY.
WHEREAS, on February 2, 1993 Lone Star Gas Company (Lone Star), a franchised
provider of natural gas services within the City of Wylie, filed a Statement of Intent to change
the rates charged for natural gas service in the City of Wylie; and,
WHEREAS, the Statement of Intent contained an attachment detailing the proposed rate
changes; and,
WHEREAS, City Council has reviewed the proposed rate changes and determined that the
same are not justified, nor equitable, for the following reasons:
a) Part of the reason given for the increase is to pay for capital improvements to the system
and the Council is unaware of any significant capital improvements made to the gas distribution
system within the last five years,
b) The minimum monthly charge of $8.00 is too high for most customers whose only gas
usage in the summer months will be that of a hot water heater,
c) The proposed weather normalization adjustment clause has the effect of customers paying
for gas they do not use, thereby effectively guarantying a level of profit for Lone Star, which
the Council believes is inequitable notwithstanding the fact that such overcharge will later be
credited to the customer,
d) The proposed weather normalization adjustment clause has the further effect of
complicating the billing statement, to the confusion and detriment of the average customer, who
should be charged for what they used without application of formulas such as the weather
normalization adjustment,
and therefore should not be imposed upon the Lone Star customers in the City of Wylie; and,
WHEREAS, Lone Star has proffered an ordinance which fixes and determines the general
service rate for sales of natural gas within the City in accordance with the proposed rate changes,
which the City Council, for the reasons hereinabove stated, is opposed to adopting; and,
WHEREAS, the City Council desires to express its disapproval of the proposed rate increases
by means of formal written document which may later be forwarded to the Railroad
Commission, in the event Lone Star appeals its requested rate proposal to said body;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
SECTION I
That for the above stated reasons the City of Wylie, Texas opposes and declines to approve
the rate changes for natural gas service in the City of Wylie, as proposed and detailed in a
Statement of Intent filed with the City on the 2nd day of February, 1993.
SECTION II
This Resolution may be relied upon by any regulatory body or committee having jurisdiction
of natural gas rates within the City of Wylie, as the City's official position in opposition to the
proposed rate increase.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas this
23rd day of February, 1993.
John W. Akin
Mayor
Attest:
Mary Nichols
City Secretary
ORDINANCE NO.
AN ORDINANCE FIXING AND DETERMINING THE GENERAL SERVICE
RATE TO BE CHARGED FOR SALES OF NATURAL GAS TO
RESIDENTIAL AND COMMERCIAL CONSUMERS IN THE CITY OF
WYLIE, COLLIN COUNTY, TEXAS: PROVIDING FOR THE MANNER IN
WHICH SUCH RATE MAY BE CHANGED, ADJUSTED, AND AMENDED;
APPROVING THE ELIMINATION OF THE RATE SCHEDULES FOR
PUBLIC FREE SCHOOLS-N AND THE COMMERCIAL CONTRACT PUBLIC
SCHOOL RATE; PROVIDING FOR A WEATHER NORMALIZATION
ADJUSTMENT; PROVIDING FOR A TAX ADJUSTMENT; PROVIDING
FOR A SCHEDULE OF SERVICE CHARGES; AND PROVIDING FOR THE
RECOVERY OF ANY CURRENT OR UNRECOVERED PRIOR RATE CASE
EXPENSE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS:
SECTION 1. Subject to the following provisos, effective with
gas bills rendered on and after thirty (30) days from final date of
passage of this ordinance, the maximum general service rate for
sales of natural gas rendered to residential and commercial
consumers within the City limits of Wylie, Texas by Lone Star Gas
Company, a division of ENSERCH Corporation, a Texas corporation,
its successors and assigns, is hereby fixed and determined as set
forth in Item A, in the Attachment hereto which is incorporated
herein. This ordinance also approves the elimination of the Rate
Schedule for Public Free Schools-N and the Commercial Contract
Public School Rate and placement of those customers receiving said
rate on the commercial rate set forth in Item A in the attachment
hereto.
PROVISO NO. (1) : If this ordinance is finally passed and
approved before the effective date stated in the Statement of
Intent the new rates shall be effective with gas bills rendered on
and after thirty (30) days from the final date of passage of this
ordinance for the good cause of reducing regulatory lag.
PROVISO NO. (2) : If this ordinance is finally passed and
approved after a period of suspension, the new rates shall be
billable immediately in order to reduce regulatory lag. This
provision is an exercise of the regulatory authority's discretion
to establish the effective date of rates at anytime after
jurisdiction attached, and its authority pursuant to state law to
establish rates for any period of suspension.
Section 2 . The residential and commercial rates set forth
above shall be adjusted upward or downward from a base of $4 . 0200
per Mcf by a Gas Cost Adjustment Factor expressed as an amount per
thousand cubic feet (Mcf) of natural gas for changes in the
intercompany city gate rate charged as authorized by the Railroad
Commission of Texas or other regulatory body having jurisdiction
for gas delivered to the Wylie distribution system, according to
Item B, in the Attachment hereto which is incorporated herein.
SECTION 3. Company shall also apply a Weather Normalization
Adjustment according to Item C, in the Attachment hereto which is
incorporated herein.
SECTION 4. Company shall also receive tax adjustments
according to Item D, in the Attachment hereto which is incorporated
herein.
SECTION 5. In addition to the aforesaid rates, Company shall
have the right to collect such reasonable charges as are necessary
to conduct its business and to carry out its reasonable rules and
regulations in effect. The charges set forth in Items E and F, in
the attachment hereto which is incorporated herein, are approved.
Services for which no charge is set out may be performed and
charged for by Company at a level established by the normal forces
of competition.
SECTION 6. In addition to the aforesaid rates, Company is
authorized to recover the current and any unrecovered prior rate
case expense through a surcharge designed for a six-month nominal
recovery period. The surcharge per Mcf will be calculated by
dividing the rate case expense to be recovered by one-half of the
adjusted annual sales volume to residential and commercial
customers. The Company will provide monthly status reports to
account for the collections.
SECTION 7 . The rates set forth in this ordinance may be
changed and amended by either the City or Company in the manner
provided by law. Service hereunder is subject to the orders of
regulatory bodies having jurisdiction, and to the Company's Rules
and Regulations currently on file in the Company's office.
SECTION 8. It is hereby found and determined that said
meeting at which this ordinance was passed was open to the public,
as required by Texas law, and that advance public notice of the
time, place and purpose of said meeting was given.
PASSED AND APPROVED on this the day of ,
A.D. 19 .
ATTEST:
Secretary Mayor
City of Wylie, Texas
STATE OF TEXAS ()
()
COUNTY OF COLLIN O
I, . Secretary of the City of
Wylie, Collin County, Texas hereby certify that the above and
foregoing is a true and correct copy of an ordinance passed and
approved by the City Council of the City of Wylie at a
session held on day of 19, , as it appears
of record in the Minutes of said City Council in Book
page
WITNESS MY HAND AND SEAL OF SAID CITY, this the day of
, A.D. 19_.
SECRETARY
Wylie, Texas
ATTACHMENT TO ORDINANCE NO.
CITY OF WYLIE, TEXAS
LONE STAR GAS COMPANY
TARIFFS & SCHEDULES
ITEM A. RATES
The following rates are the maximum applicable to
residential and commercial consumers per meter per month or
for any part of a month for which gas service is available
at the same location.
Residential:
Customer Charge $8 . 0000
All Consumption @ 5. 0632 Per Mcf
If the service period is less than 28 days in a month, the
customer charge is $. 2857 times the number of days service.
Commercial:
Customer Charge $14 . 0000
First 20 Mcf @ 5. 0795 Per Mcf
Next 30 Mcf @ 4 .7795 Per Mcf
Over 50 Mcf @ 4 . 6295 Per Mcf
If the service period is less than 28 days in a month, the
customer charge is $. 5000 times the number of days service.
Bills are due and payable when rendered and must be paid
within ten days from monthly billing date.
Residential Off-Peak Sales Discount:
An off-peak sales discount of $. 25 per Mcf will apply to
residential customers' volume purchased in excess of 8 Mcf
for each of the billing months May through October.
ITEM B. GAS COST ADJUSTMENT
Each monthly bill at the above rates shall be adjusted for
gas cost as follows:
(1) The city gate rate increase or decrease applicable to
current billing month residential and commercial sales
shall be estimated to the nearest $0. 0001 per Mcf based
upon:
(a) A volume factor of 1. 0356 determined in
establishing the above rates for the distribution
system as the ratio of adjusted purchased volumes
divided by the adjusted sales volumes.
(b) The city gate rate estimated to be applicable to
volumes purchased during the current calendar
month, expressed to the nearest $0.0001 per Mcf
(shown below as "Re") .
(c) The base city gate rate of $4. 0200 per Mcf.
(2) Correction of the estimated adjustment determined by
Item B (1) above shall be included as part of the
adjustment for the second following billing month. The
correcting factor (shown below as "C") shall be
expressed to the nearest $0. 0001 per Mcf based upon:
(a) The corrected adjustment amount based upon the
actual city gate rate, less
(b) The estimated adjustment amount billed under Item
B (1) above, divided by
(c) Distribution system residential and commercial
sales Mcf recorded on the Company's books during
the prior year for the month that the correction
is included as part of the adjustment.
(3) The adjustment determined by Item B (1) and Item B (2)
above shall be multiplied by a tax factor of 1. 04217 to
include street and alley rental and state occupation
tax due to increasing Company revenues under this gas
cost adjustment provision.
In summary, the gas cost adjustment (GCA) shall be
determined to the nearest $0. 0001 per Mcf by Item B (1) ,
Item B (2) and Item B (3) as follows:
GCA = [Item B (1) + Item B (2) ] X Item B (3)
GCA = [ (1. 0356) (Re - $4. 0200) + C] X 1. 04217
ITEM C. WEATHER NORMALIZATION ADJUSTMENT
Effective with bills rendered during the October 1993
through April 1994 billing months and annually thereafter
for the October through April billing months, the above
residential and commercial consumption rates for gas service
shall be subject to a weather normalization adjustment to
reflect the impact of monthly variation in the actual number
of heating degree days from the normal level of heating
degree days during the preceding billing months of October
_through April. The weather normalization adjustment will be
implemented on a per Mcf basis. The adjustment will be
determined separately for residential and commercial
customers based on heating degree data recorded by the
McKinney, Texas weather station.
The dollars of margin over-collected or under-collected due
to temperature variations will be calculated each month
during the October through April billing months according to
the following formula:
AIM
M (ADD) (NDD-ADD) (TM) (AC)
Where: M = Margin dollars over-collected or under-
collected due to weather
AHL = Actual heating load per customer
ADD = Actual heating degree days
NDD = Normal heating degree days included in the
determination of the above rates
TM = Tail-block margin per Mcf in the above rates
AC = Actual number of customers billed
The monthly over-recoveries and under-recoveries will be
accumulated during the October through April billing months
to determine the net margin dollars subject to the weather
normalization adjustment. The weather normalization
adjustment, to be implemented on a per Mcf basis over the
succeeding October through April billing months, is
calculated according to the following formula:
WNA = NM-PM
PV
Where: WNA = Weather normalization adjustment
NM = Net margin dollars during the preceding
October through April billing months over-
recovered or under-recovered due to
temperature variations from normal.
PM = Amount over-recovered or under-recovered
through the operations of the WNA during the
preceding October through April billing
months.
PV = Projected level of sales volume during the
October through April billing months to
which the WNA is to be applied. The
projected level of sales volume will be the
actual level during the preceding October
through April billing months.
The weather normalization adjustment will •be calculated to
the nearest $. 0001 per Mcf and will be applied through the
gas cost adjustment. The weather normalization adjustment
will be removed if the pass-through or recovery of the
targeted level of margin dollars is achieved prior to the
passage of the full October through April billing period.
ITEM D. TAX ADJUSTMENT
The tax adjustment shall be an amount equivalent to the
proportionate part of any new tax, or any tax increase or
decrease, or any increase or decrease of any other
governmental imposition, rental fee or charge (except state,
county, city and special district ad valorem taxes and taxes
on net income) levied, assessed or imposed subsequent to
July 1, 1992 upon or allocable to the Company's distribution
operations, by any new or amended law, ordinance or
contract.
ITEM E. SCHEDULE OF SERVICE CHARGES
(1) INAUGURATION OF SERVICE
In addition to the charges and rates set out above, the
Company shall charge and collect the sum of:
Schedule Charge
8 A.M. to 5 P.M. Monday through Friday $ 27 . 50
5 P.M. to 8 A.M. Monday through Friday $ 41. 25
Saturdays, Sundays and Holidays $ 41.25
For each inauguration or reinauguration of gas service,
where service has been discontinued at the same premises for
any reason, with the following exceptions:
(a) For a builder who uses gas temporarily during
construction or for display purposes
(b) For the first occupant of the premises
(c) Whenever gas service has been temporarily interrupted
because of system outage, service work or appliance
installation done by Company; or
(d) For any reason deemed necessary for Company
operations.
(2) RETURNED CHECK CHARGE
A return check handling charge of $13 .75 is made for each
check returned to the Company for reasons of non- sufficient
funds, account closed, payment withheld, invalid signature,
or improper preparation.
(3) COLLECTION CHARGE
A charge of $9. 50 shall be made for each instance when it is
necessary for a company employee to go to a customer's
residence or place of business in order to collect amounts
owed the Company for gas service previously rendered. This
charge shall not apply if service is terminated at the time
of the collection action. This charge shall apply to only
one trip on the same amount owed.
ITEM F. MAIN LINE EXTENSION RATE
The charge for extending mains beyond the free limit
established by Lone Star Gas Company, or any free limit
established by franchise, for bona fide residential
customers shall be the lesser of: (a) the system-wide
average cost of construction, including all overheads, for
the prior fiscal year or (b) the adjusted actual cost as
determined by applying the latest Handy-Whitman Index to the
1975 actual base cost of $2 . 94 . A bona fide residential
customer uses gas for heating and water heating, or the
equivalent load thereof, at a minimum. Residential
customers other than bona fide residential customers shall
pay actual cost for main line extensions beyond the free
limit. The Company shall file the calculation of such
charge with the City as soon as sufficient data is available
each fiscal year. Extension to commercial and industrial
customers shall be based on actual cost per foot.
City of Wylie
AGENDA COMMUNICATION
SUBMITTED BY: I FGAI DFPARTMFNT DIRECTOR: STFVFN P . DF T TFP
DATE REFERENCE NO. SUBJECT
- 2-18-93 4> CONSIDERATION OF RATE INCREASE FOR TU ELECTRIC
SUMMARY OF SUBJECT:
TU ELECTRIC HAS FILED A REQUEST FOR AN INCREASE OF ITS ELECTRIC RATES
BY 15 . 32% . COUNCIL HAS CHOICE OF ACCEPTING RATE INCREASE OR OPPOSING
IT . EVENTUALLY PUC WILL DECIDE WHAT THE RATES WILL BE AND THE CITY,
WILL THEN BE BOUND BY THE PUC DECISION
DARRELL PRCIM WILL BE PRESENT AT THE MEETING TO ANSWER QUESTIONS .
BASED UPON COUNCIL ' S STATED INTENTIONS I HAVE PREPARED AN ORDINANCE
FOR COUNCIL ' S CONSIDERATION WHICH DENIES THE REQUESTED INCREASE
ALTERNATIVES:
1) PASS ORDINANCE DENYING THE REQUESTED RATE INCREASE
2) PASS ORDINANCE AGREEING TO REQUESTED INCREASE
3) PASS RESOLUTION DELAYING WYLIE ' S DECISION FOR 90 DAYS (SUSPENSION)
ACTION REQUESTED:
ALTERNATIVE 1) PASSAGE OF ORDINANCE DENYING RATE INCREASE
•
REVENUE SOURCES: EXPENDITURE ACCOUNTS:
CITY ' S FRANCHISE FEE WILL BE
INCREASED TO EXTENT OF INCREASE N/A
BUDGETED FISCAL YEAR(s):
ESTIMATED EXPENDITURE:
S
PERSONNEL ❑ OVER/UNDER PROJECTIONS BY:
OPERATIONS 0 ONE-TIME 0 • S
CAPITAL ❑ RECURRING ❑ OTHER COMMENTS:
USER DEPARTMENT COMMENTS:
SUPPORTING DOCUMENTS:
XX BACKGROUND MEMO xx MINUTES LETTER
C.I.P. XXX ORDINANCE/RESOLUTION OTHER
BUDGET WYLIE CODE OTHER
MAP, PLAN, SKETCH BID TAB/SPECS OTHER
MINUTES XXX LEGAL
REVIEWED BY:
.. XX CITY MANAGER DIRECTOR OF PARKS/REC. XX CITY SECRETARY
DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR
POLICE CHIEF xX x CITY ATTORNEY PUBLIC WORKS SUPR.
FIRE CHIEF • . DIRECTOR OF PUBLIC BUILDING OFFICIAL
WORKS
APPROVED FOR SUBMISSION TO CITY COUNCIL
;At
TY MANAGER
MEMORANDUM
TO: City Council 1111
FROM: Steve Deiter �.;,
SUBJECT: TU Electric Rate In. ease
DATE: February 17, 1993
At last night's work session the Council expressed its intent to deny TU's requested rate
increase. I have prepared, from a form provided by TU, and forward herewith an ordinance for
Council's consideration and passage at the February 23, 1993 Council meeting.
If the Ordinance appears to be in accordance with the Council's position it should be passed
at the meeting. It is important for the Council to take some action at this next meeting as it only
has 35 days from the filing (January 22, 1993) to act to avoid the effect of suspending further
action on the rate increase for an additonal 90 days, which would not appear to be in the best
interest of either party.
The practical effect of passing a "denial" ordinance is that the request will be taken up by
the Public Utilities Commission (PUC) who will then decide what the increase, if any, will be.
The City will bound by the PUC decision, regardless of whether the Council approve or deny
the request at this time. Likewise, the City may participate in the proceedings before the PUC
(if it desires to do so) regardless of whether it denies or approves the increase.
TU provided four possible ordinances for the City to consider and pass regarding the
proposal. In addition to the one forward the ordinances proposed are as follows:
a) One which went approved the rate increase and went along with anything the PUC might
deter dune
b) One which waives the City's jurisdiction in this and future electric rate cases and gives
the PUC original jurisdiction (therefore in future cases TU would not have to come before
the governing body but go directly to the PUC)
c) One which denies the increase not because the City is actually against it but because it
would be too expensive to do a study to ascertain sufficient facts and information with which
the City may base on opinion of approval or opposition
If the Council has any interest in considering any of these other possible ordinances please
advise and I will forward a copy of the one(s) which you would like to consider. I have not
forwarded all ordinances herewith as I understand the Council's position to be clearly in favor
of the denial and therefore did not burden the packets with three additional ordinances of no
interest to the Council.
Darrell Prcim will be at the meeting to answer further questions which the Council may
have.
cc: Steve Norwood
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, DENYING THE PROPOSED
CHANGED RATE SCHEDULES AND SERVICE REGULATIONS OF TEXAS
UTILITIES ELECTRIC COMPANY; PROVIDING CONDITIONS UNDER WHICH
SAID COMPANY'S RATE SCHEDULES AND SERVICE REGULATIONS MAY BE
CHANGED, MODIFIED, AMENDED OR WITHDRAWN; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED
IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; DECLARING AN
EMERGENCY; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as
follows:
SECTION I
That the proposed changed rate schedules and service regulations filed with the Governing
Body of this municipality by Texas Utilities Electric Company on January 22, 1993, are hereby
denied and disapproved, and Texas Utilities Electric Company shall continue to provide electric
service with this municipality in accordance with its rate schedules and service regulations in
effect within this municipality on January 22, 1993, until such time as said rate schedules and
service regulations may be changed, modified, amended or withdrawn with the approval of the
Governing Body of this municipality.
SECTION II
Nothing contained in this Ordinance shall be construed now or hereafter as limiting or
modifying in any manner, the right an power of the Governing Body of this municipality under
the law to regulate the rates, operations, and services of Texas Utilities Electric Company.
SECTION III
That it is hereby officially found and determined that the meeting at which this Ordinance
is passed is open to the public as required by law and that public notice of the time, place and
purpose of said meeting was given as required.
SECTION IV
That there are no rules or charter provisions which require multiple readings of this
ordinance.
ORDINANCE NO. PAGE TWO
SECTION V
Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity
of this ordinance as a whole or any part or provision thereof, other than the part or parts as
declared to be invalid, illegal, or unconstitutional.
SECTION VI
This ordinance shall be in full force and effect from and after its adoption by the City
Council as the law and the City Charter provide in such cases.
SECTION VII
That all other ordinances and code provisions in conflict herewith are hereby repealed to the
extent of any such conflict or consistency and all other provisions of the Wylie City Code not
in conflict herewith shall remain in full force and effect.
SECTION VII
The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not
be construed as abandoning any action now pending under or by virtue of such ordinance; nor
shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or
to accrue, nor as effecting any rights of the municipality under any section or provisions of any
ordinances at the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, at a
regular City Council meeting held the 23rd day of February, 1993.
By
John W. Akin
Mayor
ORDINANCE NO. PAGE THREE
ATTEST:
Mary Nichols
City Secretary
Approved:
Steven P. Deiter
City Attorney
City of Wylie
AGENDA COMMUNICATION
SUBMITTED BY: City Secretary DIRECTOR: Mary Nichols
DATE REFERENCE NO. SUBJECT
- 2/23/93 6
Report from Jim Smith, Development Corporation
cif Wytie
SUMMARY OF SUBJECT:
W Attached is the annual report from the Development Corporation and a memorandum
from Charlie Womack. While we don't anticipate an Council action being required,
q
the agenda is worded so that Council may take any action deemed necessary at the
conclusion of the report.
ALTERNATIVES:
ACTION REQUESTED:
REVENUE SOURCES: EXPENDITURE ACCOUNTS:
BUDGETED FISCAL YEAR(s):
ESTIMATED EXPENDITURE:
S
PERSONNEL ❑ OVER/UNDER PROJECTIONS BY:
-- OPERATIONS ❑ ONE-TIME ❑ S
CAPITAL 0 RECURRING ❑ OTHER COMMENTS:
USER DEPARTMENT COMMENTS:
SUPPORTING DOCUMENTS:
BACKGROUND MEMO MINUTES LETTER
C.I.P. ORDINANCE/RESOLUTION OTHER
BUDGET WYLIE CODE OTHER
MAP, PLAN, SKETCH BID TAB/SPECS OTHER
MINUTES LEGAL
REVIEWED BY:
CITY MANAGER DIRECTOR OF PARKS/REC. X CITY SECRETARY
DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR
-- POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR.
FIRE CHIEF . - DIRECTOR OF PUBLIC BUILDING OFFICIAL
WORKS
APPROVED FOR SUBMISSION TO CITY COUNCIL
111.01,Fr/
TY MANAGER
DEVELOPMENT CORPORATION OF WYLIE
P. O. Box 1467
(214) 442-7901
Wylie, TX 75098
C. C. WOMACK
Executive Director
February 18, 1993
Mr. Steve Norwood, City Manager
City of Wylie
P.O. Box 428
Wylie, TX 75098
Dear Steve:
You will find enclosed, for your perusal, our 1992 Annual Financial and Activity Report. Also
enclosed are additional copies to be distributed to members of the Wylie City Council.
Steve, it would be appreciated if you would place Mr. Jim Smith, President of the Development
Corporation, on the agenda for the next City Council meeting scheduled for Tuesday,
February 23, 1993. Mr. Smith will be happy to answer any questions regarding these reports
or will comment on any inquiry regarding current activities of the Corporation.
Sincerely,
Adizzel„
omack
Executive Director
CW/mf
Enclosures
ANNUAL REPORT
INCOME:
Sales Tax Revenue $188, 334
Interest Earned 9 , 172
Other Fees 1, 200
TOTAL REVENUE $198,706
EXPENSES:
Accounting $ 1, 015
Advertising (Chamber of Commerce) 14 , 478
Cash Grants 29 , 000
Escrow Deposit 1, 750
Federal #941 Tax Payments 2 , 502
Insurance 2 , 267
Miscellaneous 2 , 686
Furniture and Equipment 3 , 380
Remodeling Office Space 2 , 774
Petty Cash Deposits 902
Salaries 16, 000
Travel (Linda Hamar to California) 2 , 000
Video Promoting Wylie 10, 700
TOTAL EXPENSES $ 89,454
•
ACTIVITIES AND CURRENT STATUS REPORT
Mr. Michael Fornero, President. Johnston's Inc.
Introduced Mr. Earl Whatley and Karl M. Cates. Both were brokers and claimed they
needed 15,000 sq. ft. for an unnamed client. Two subsequent meetings with same
individuals produced no results.
2. Mr. Cooper and Steve Phieffer
Several meetings with Mr. Cooper and Steve Phieffer. Looked at several industrial
locations. They claimed they needed 12-15 acres to build a van conversion and plastic
molding facility. Negotiations have been suspended until adequate biographical, marketing,
and financial information is submitted with a formal assistance request.
3. Harold F. Smith - R & D Aeronautical Engineering Co.. Inc. •
A local company was purchasing the assets of a Florida company and planned to move the
operations to a Wylie location. A cash grant totaling $75,000 was requested. The request
was denied until supporting financial data was furnished to support the consideration of a
cash grant. There is no current dialogue regarding this request.
4. N.T.. Inc.
This company was seeking to relocate in the metroplex. Their financial and industrial
space requirements exceeded the current ability of the City or the Corporation to meet their
needs.
5. Andacor, Inc.
Investment company located in Plano. The president, Mr. David Chiu, claimed to
represent a company domiciled in Hong Kong, China. The company was interested in
making an investment in the metroplex area. Two subsequent telephone conversations
produced no tangible results.
6. Terry Mulholland d/b/a Innovative Manufacturing Co.
This was a non-operating company that was trying to finance and open a factory to build
modular homes. Their financial and space needs exceeded our ability to supply. All
negotiations were discontinued because their needs far exceeded the company's financial
and operating history could justify further consideration.
2
7. Met rocast. Inc.
•
A Garland company that wanted to move provided a loan could be secured from a local
bank. The bank negotiated with the principals for several months. Personal visits were
made to their Garland location. The bank agreed to finance the purchase of Tarrant
Plumbing building provided they could arrange for the down payment. Negotiations were
in progress for the Corporation to supply the down payment, but for some unknown reason
they decided to stay in their current facility.
8. Golden Pickle. Inc.
This is an old company domiciled in west Dallas. They needed to expand their capacity
and the present location prohibited any expansion of their facilities. They had been
negotiating with Garland officials for several months,, and they began to believe their
company was not wanted in that community. We visited with the principal owner several
times, and he assured us Wylie would be his next choice if Garland declined their building
request. Garland eventually approved their plans after the City sold them the building site.
9. Master Brake Systems. Inc.
This is a company that is located in Dallas. The company has a need to expand their
manufacturing facility. Their location prohibited any expansion. They decided the Tarrant
Plumbing building would meet their immediate and future needs. The Corporation agreed
to finance the down payment should the company be successful in purchasing the building
at a public auction. They submitted the successful bid and all arrangements were to
complete the move. When time came to close the real estate purchase, management
decided for some reason to discontinue their decision to move. No future negotiations are
anticipated.
10. Bethany Manufacturing Corporation
This company is located in Garland. They operate a custom machine shop which includes
complete fabrication and prototype productions. They need to expand, but their present
location prohibits enlarging their facilities. They requested time to study their future needs
before making a request for financial assistance. Apparently they decided to withdraw any
expansion plans due to the reduction of expenses mandated by the Defense Department.
We plan to continue a follow-up program until it is decided they are no longer a viable
candidate.
11. Physician's Regional Hospital
The hospital was experiencing a serious cash flow condition because of loss revenue when
they closed their alcohol and drug abuse unit. After lengthy discussions, it was decided in
order to assure a hospital facility in Wylie, The Corporation agreed to guarantee a$120,000
3
loan obtained from Provident Bank, Wylie. Many subsequent hours have been spent
monitoring the progress being made by the hospital to become profitable and being able
to service their existing obligations.
12. Robert Arden d/b/a Maria's Restaurant
Mr. Arden had entered into a contract to purchase the property where the restaurant is
located. He had made arrangements with a lender to finance 80% of the purchase price.
The Corporation agreed to take a second lien position on the property and supply the 20%
down payment requirement. Subsequent financial problems encountered by the borrower
required the Corporation to cancel their commitment.
13. Art Criscuoloa - Crane Safety and Maintenance, Inc.
The property where the company is domiciled was offered a sealed bid sale by the FDIC.
The former owner asked the Corporation to submit a bid, and if we were the successful,
they would execute a land lease with an option to buy. A bid of $35,010 was submitted,
but all bids were rejected by the FDIC. Mr. Criscuolo believes the FDIC will offer the
property again for sale, and he will ask us to participate in the possible purchase of the
land.
14. Major Prospect
Discussions with a major employer has been in progress for several weeks. Principal
officers have seen possible building sites and have made a video of each property. We
have furnished maps and a video of Wylie that is being sent to their Florida corporate
office. We have also submitted a preliminary commitment letter regarding some possible
financial incentives that might be available should they decide to relocate in Wylie.
City of Wylie
AGENDA COMMUNICATION
LEGAL DEPARTMENT STEVEN P . DEITER
SUBMITTED BY: DIRECTOR:
DATE REFERENCE NO. SUBJECT
- 2-19-93 ORDINANCE UPDATING FEE SCHEDULE
SUMMARY OF SUBJECT:
THE COUNCIL HAS RECENTLY REVIEWED THE EXISTING FEE SCHEDULE FOR THE CITY
AND APPROVED CERTAIN UPDATES AND REVISIONS THERETO.
THE PROPOSED ORDINANCE AMENDS APPENDIX A OF THE WYLIE CITY CODE WHERE
MOST OF THE FEES ARE CONTAINED .
ALTERNATIVES:
A) PASS ORDINANCE AS PRESENTED
B) PASS ORDINANCE AS AMENDED
C) DECLINE TO TAKE ACTION UPDATING FEE SCHEDULES
I ACTION REQUESTED:
j ALTERNATIVE A) ADOPTION OF ORDINANCE UPDATING FEE SCHEDULE
ORDINANCE NO.
L) MM ' y
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING APPENDIX
"A" OF THE WYLIE CITY CODE (WYLIE FEE SCHEDULE) BY AMENDING
SECTIONS 2.10, 2.02, 2.03, 2.04, 2.05, 7.00, 8.00, 9.05, 12.00, 19.00,
21.00, 24.00, 30.02, 31.01, 34.00, and 42.02 THEREOF; REPEALING ALL
CONFLICTING ORDINANCES;CONTAINING A PENALTY CLAUSE;CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City staff has undertaken a review of its existing fee schedule and structure
on a department by department basis, and recommended that certain fees be amended and certain
new fees be added; and,
WHEREAS, the existing Fee Schedule for the City of Wylie is contained in "Appendix A"
to the Wylie City Code, which was previously adopted by the City Council in the form of an
ordinance adopting the Wylie City Code; and,
WHEREAS, the City Council has reviewed all of the suggested amendments and additions
to the fee schedule and determined that the same should be adopted and put into effect by the
adoption of this ordinance; and,
F.v. D � Q
tUl
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
SECTION I
That Appendix "A" of the Wylie City Code be, and it hereby is, amended by deleting in
their entirety Sections 2.01 Building Permits and Fees, Section 2.02 Plumbing Permits and Fees,
Section 2.03 Electrical Permits and Fees, 2.04 Mechanical Permits and Fees, Section 2.05
Investigation Fees - Work Without a Permit, and the following substituted therefore:
"Section 2.01 Project Permits.
a) For the purposes of this section a project fee shall mean a permit that encompasses all
phases and sub-phases of construction of a new structure (including single family, multi-family,
commercial and industrial installations), and is inclusive of all building, plumbing, mechanical
and electrical installations that are usual and customary to new building erection; but shall not
include signage, fences, irrigation systems, fire sprinklers or other installations not customary
and usual to typical new structure construction.
A project permit for reconstruction and/or extensive remodel or add-on may be issued only
with the prior approval of the Building Official.
b) A non-refundable application processing fee of $50.00 per project shall be paid at the
time of submittal;
c) In addition to the application processing fee the following permit fees shall be imposed:
(1)New dwellings , up to 4 units $ 420.00/unit
(2) Pool or Spa $ 80.00 j
(3) Temporary Buildings $ 80.00
(4) New Commercial, Apartments, Accessory, Additions,
Remodels, and Finish Outs $ 3.00/1,
($50.00 min.)
d) A determination of value or valuation under any provision of this section shall be made
by the building official. The value to be used in computing the permit fees shall be the total
value of all construction work for which the permit is issued as well as all finish work, painting,
roofing, electrical,plumbing, hearing,air conditioning, elevators, fire-extinguishing systems and
any other permanent equipment.
Section 2.02 Special Permits
•
a) Annual Electrical $ 200.00
b) Building y��I $ 35.00
c) Certificate of Occupancy ' 0 $ 50.00
d) Demolition $ 35.00
e) Electrical Fixtures $ 35.00
f) Fence $ 35.00
g) Fire Sprinkler $ 35.00
h) House Moving $ 35.00
i) Lawn Sprinkler M $ 35.00
Mechanical 11U j� J $ 35.00
j) U
k) Plumbing $ 35.00
1) Sign $ 35.00
m) Banner $ 35.00
n) Clean and Show $ 35.00
o) Weekend Directional Signs $ 75.00 /sign/year
Section 2.03 Inspection - Service Fees
a) Reinspection $ 35.00
b) Pre-brick inspection $ 35.00
c) Temporary service/construction heat $ 35.00
Section 2.04 License and Registration Fees
a) Plumbing Contractor (annual registration) $ 75.00
b) Electrical Contractor (annual registration) $ 75.00
c) Fire Sprinkler Contractor (annual registration) $ 75.00
d) Lawn Sprinkler Contractor ( " ) $ 75.00
e) Mechanical Contractor ( " ) $ 75.00
f) Electrical Examination $ 25.00
g) Master Electrician (annual license) $ 75.00
h) Journeyman Elcetrician ( " " ) $ 25.00"
SECTION II
That Appendix A of the Wylie City Code be, and it hereby is further amended, by deleting
the existing Section 7.00 Maintenance Bonds, in its entirety, and substituting the following
therefore:
"Section 7.00, Maintenance Bonds.
The maintenance bonds required by Wylie's Subdivision Ordinance to cover the cost of any
repairs that may be required during the one year warranty period to public works improvements
and facilities dedicated to the City of Wylie at the time of final plat acceptance shall be in the
amount of 11% of the total value of all improvements dedicated and shall be delivered to the
City of Wylie prior to the Council's consideration of final acceptance."
SECTION III
',
That Appendix A of the Wylie City Code be, and it'1e4lisLitIrtlii ai nded, by deleting
subsection (c) from Section 8.00, and substituting the following therefore:
" (c) Appeals, variances, and adjustment request which are brought before the various
appropriate boards of the city shall pay the following application fees per consideration:
1. Zoning Board of adjustment $100.00
2. Sign Board of Appeals $100.00
3. Construction Advisory and Appeals Board $ 35.00
4. All others $100.00"
SECTION IV
That Appendix A of the Wylie City Code be, and it hereby is, further amended by deleting
in its entirety Section 9.05 Landfill Disposal Charges.
SECTION V
That Appendix A of the Wylie City Code by, and it hereby is, further amended by addition
of the following to Section 12. thereof:
" Base Maps 1" = 200' to 3' x 6.5' $15.00 each
Large Zoning Map 1" = 500' 4 sheets ea. 3' x 3.5' $20.00 each
Subdivision Ordinance $20.00 each
Zoning Ordinance $15.00 each
Code of Ordinances $50.00 each
11" x 17" copies $ .50 each
*Prices are for map copies not taped or spliced together. An additional charge of$5.00 will
added for maps that require splicing."
SECTION VI
That Appendix A of the Wylie City Code be, and it hereby is, further amended by deleting
the existing Section 19.00 Electricians License and Application fees, in its entirety, and
substituting the following therefore:
"Section 19.00 Library Fees - Fines for overdue items shall be accessed as follows:
a) Books, Audio Cassettes, Magazines and Filmstrips $ .10 /day
b) Encyclopedias $ .50 /day
c) Video cassettes, Overhead Projectors, and
Film Projectors $ 1.00 /day"
SECTION g (n i
Lu a
U
That Appendix A of the Wylie City Code be, and it hereby is, further amende by deleting
the existing Section 21.00 House Moving Permit Fees, and substituting the following therefore:
"Section 21.00 Rental for Rooms in Library Building
Usage Charges for the Community Room and the Bluebonnet room shall be as follows:
RENTAL FEES DEPOSIT REQUIRED
-Civic Groups no charge none
-Individuals and non-business groups $ 6.00/hr
w/o food and beverage 50.00
w/ food or beverage 100.00
SECTION VIII
That Appendix A of the Wylie City Code be, and it hereby is, further amended by deleting
the existing Section 24.00 Fence Permit Fees, and the following substituted therefore:
"Section 24.00 Pretreatment Permit Fee
An annual fee of $100 per calendar year shall be paid by all persons, firms, or entities
required to pay such fee under the City's pre-treatment ordinance, as amended."
SECTION IX
That Appendix A of the Wylie City Code be, and it hereby is, further amended, by deleting
the existing Section 30.02 Wrecker Service Rate Schedule, in its entirety, and substituting the
following therefore:
"Section 30.02 Wrecker service Rate Schedule 1 R ` 7 -
No applicant, whose application has been approved hereunder and who has been placed on
the wrecker rotation list shall charge any sum in excess of the rates specified in the following
schedule:
(a) Towing of non-accident vehicles during regular business hours
hours (8:00 a.m. to 6:00 p.m.) $40.00
(b) Nights and weekends $50.00
(c) Vehicles requiring a dolly for reasons other than
automatic transmission - additional charge $40.00
(d) Extra time in excess of 1 hour (not including time spent
waiting for officer to complete investigation) per hour $25.00
(e) Charge for diesel right or other heavy equipment
per hour w/ one hour minimum $175.00
(f) Storage of vehicle per day or fractions thereof $10.00
(g) Wrecked vehicles $60.00
(h) If drive line must be dropped to tow vehicle (additional) $11.00
(i) If necessary to change wheel and tire (additional) $11.00
(j) Rolled over or upset vehicle $60.00
(k) Roll over with dolly tow $70.00
(1) If winch required, additional for each 50' of pull $23.00"
SECTION X
That Appendix A of the Wylie City Code be, and it hereby is, further amended by deleting,
in its entirety Section 31.01 Massage Establishment and Service License and Permit Fees and
substituting the following therefore:P
"Section 31.01 Massage Establishment Permit Fee.
Any person desiring to obtain a license or permit to operate a massage establishment shall
make application to the chief of police and pay a non-refundable application fee of $500.00,
which said fee shall be used to defray, in part, the costs of the investigation and report.
Permits shall expire one year following their issuance."
SECTION XI
That Appendix A of the Wylie City Code be, and it hereby is, further amended by deleting
the existing section 34,00 and substituting the following therefore:
"Section 34.00 Food Service Establishment/Food Store Permit Fees
A permit fee of $150.00 shall accompany each application and the permit so issued shall
expire one year from the date of its issuance, and thereafter renewed by payment of an additional
annual fee of$150.00 and meeting any and all other code provisions applicable to said business."
FQ fr. L
SECTION XII , w L- Ur
That Appendix A of the Wylie City Code be, and it hereby is, further amended by changing
the name of Section 42.00 from "Athletic Field Reservation Fees" to "Charges and Fees for
usage of Athletic Fields", and by deleting the existing Section 42.02 Athletic Field Reservation
for Tournament Use, and substituting the following therefore:
" Section 42.02 Use of Athletic Fields For Tournaments
(a) Requests for athletic fields for tournament use should be made in writing 30 days in
advance.
(b) The fees for reserving and using a filed are as follows:
1) Tournaments running on Friday night and all day Saturday,
including light usage $75.00
2) Tournaments running on Friday, all day Saturday through
Sunday, including light usage $150.00
(c) The fees provide for in the preceding section shall be waived for the first five Wylie
Sports Association (WSA) Youth Baseball/Softball Tournaments in each calendar year.
(d) The WSA may, but shall not be required to, charge a gate fee (or team entry fee) for
P.B.I. Tournaments held at Wylie, which said fee shall be retained by WSA to offset the cost
of putting on such a tournament."
Section XIII
Any person violating the provisions of this ordinance, or any part hereof, shall be guilty
commits an unlawful act and shall be subject to the general penalty provisions of the Wylie City
Code as set forth in Section 1.06 of Chapter 1, therein, as the same now exists or is hereafter
amended and shall not be allowed the permit, privilege, or license to which the fee pertains.
SECTION XIV
Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity
of this ordinance as a whole or any part or provision thereof, other than the part or parts as
declared to be invalid, illegal, or unconstitutional.
I? ;!
SECTION XV
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 XVI
That all other ordinances and code provisions in conflict herewith are hereby repealed to the
extent of any such conflict or consistency and all other provisions of the Wylie City Code not
in conflict herewith shall remain in full force and effect.
SECTION XVII
The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not
be construed as abandoning any action now pending under or by virtue of such ordinance; nor
shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or
to accrue, nor as effecting any rights of the municipality under any section or provisions of any
ordinances at the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this
23rd day of February, 1993.
By
John W. Akin
Mayor
ATTEST:
Mary Nichols
City Secretary
Approved:
Steven P. Deiter
City Attorney H
[11 xa °
APPENDIX A
WYLIE FEE SCHEDULE
TABLE OF CONTENTS
§ 1.00 WATER AND SEWER RATES AND FEES A-3
§ 1.01 Water and Sewer Service Deposit A-3
§ 1.02 Water Rates A-3
§ 1.03 Sewage Collection and Treatment Rates A-4
§ 1.04 Returned Check Charge A-4
§ 1.05 Utility Account Establishment Charge A-4
§ 1.06 Past Due Account Penalty;Restoration Charge A-4
§ 1.07 Temporary Connection Charge A 5
§ 1.08 Special Service Connection Charge A-5
§ 1.09 Special Meter Reading Charge A-5
§ 1.10 Water and Sewer Tap Fees A-6
§ 1.11 Resetting Meter Charge A-7
§ 1.12 Pro Rata Water and Sewer Charges
§ 1.13 Development/Subdivision Water Charges A-7
§ 1.14 Charge for Replacing Meter Box A 7
§ 1.15 Charge for Replacing Sewer Clean-out Caps A-8
§ 1.16 Meter Testing Fee A-8
§ 2.00 CONSTRUCTION PERMITS AND FEES A-8
§ 2.01 Building Permits and Fees A-8
§ 2.02 Plumbing Permits and Fees A-9
§ 2.03 Electrical Permits and Fees A-10
§ 2.04 Mechanical Permits and Fees A-11
§ 2.05 Investigation Fees-Work without a Permit A-12
§ 2.06 Subdivision Development Inspection Fee A-12
§ 3.00 IMPACT FEES A-12
§ 4.00 SPECIAL DISTRICT FEES A-14
§ 5.00 STREET RECONSTRUCTION FEES A-14
§ 6.00 PERIMETER STREETS FEE IN LIEU OF CONSTRUCTION A-15
§ 7.00 MAINTENANCE BONDS A-15
§ 8.00 ZONING AND PLATTING FEES A-15
9 00 GARBAGE,TRASH,AND BRUSH FEES A-16
§ 9.01 Residential Fee;Deposits A-16
§ 9.02 Commercial Hand Collection Fees A-16
§ 9.03 Commercial Dumpster Charges A-16
,§ 9.04 Fees for Tree,Shrub and Brush Trimmings,Newspapers and Magazines A-17
OS Landfill Disposal Charges A-18
§ 1 PEDDLER'S AND SOLICITOR'S FEE A-18
§ 11.00 EMERGENCY MEDICAL SERVICE CHARGES A-19
§ 12.00 COPYING CHARGES A-19
§ 13.00 SWEEPING FEE FOR PRIVATELY OWNED PARKING LOTS, STREETS,ETC. A-20
§ 14.00 TAXICAB FEES A-20
§ 15.00 TAX CER I'll-TCATE FEES A-20
§ 16.00 PARKLAND DEDICATION FEES A-20
§ 17.00 ALARM SYSTEM FEES AND CHARGES A-21
§ 17.01 Commercial Permit Fee A-21
§ 17.02 Service Charge on False Alarms A-21
§ 17.03 Charge for Direct Alarm Systems for Financial Institutions A-22
§ 18.00 ANIMAL FEES AND CHARGES A-22
§ 18.0i Registration Permit Fee A-22
§ 18.02 Fee for Lost Permit Tag A-22
§ 18.03 Impoundment and Adoption Fees A-22
§ 18.04 Trap Deposits A-22
A-1
APPENDIX A
WYLIE FEE SCHEDULE
§ 1.00 WATER AND SEWER RATES AND FEES
§ 1.01 Water and Sewer Service Deposit
Each water customer shall make a deposit to the City of Wylie for water service, sewerage service in
accordance with the following schedule:
(a) Residential Customers:
(1) water service $30.00
(2) sewer service $30.00
(b) Commercial Customers:
(1) water service $62.50
(2) sewer service $62.50
(Ord.87-48,Sec. 1-A,adopted 9-22-87)
§ 1.02 Water Rates
(a) The following monthly water rates shall apply to all customers within the corporate limits of the City
of Wylie,Texas:
(1) Monthly minimum charge for the first 1,000
gallons of metered water consumption 't• '4-
(2) Volume Charge for all consumption exceeding 1,000 gallons(per 1,000 gallons)
(a) 1,001 to 2,000 gallons (per 1,000 gallons) $1.82
(b) Over 2,000 gallons (per 1,000 gallons) $2.55
(b) The monthly water charge for residential and commercial customers located outside the corporate limits
of the City of Wylie,Texas shall be at the rate of one hundred fifteen percent(115%)of the rate charged
customers inside the corporate limits of the city.
(Ord.No.90-18,Sec. 1-B,adopted 10-9-90)
(c) Any bulk water customer who desire to withdraw water from a hydrant or other source not metered and
charged directly to him or her shall make a deposit for bulk water service with the City of Wylie in the
amount of $50.00, the customer shall fill out a water application form and sign the form in the same
manner as a regular metered customer. Bulk water rate charges shall be set in minimums of twenty-five
(25)gallon increments and are established as follows:
(1) 0 to 1,000 gallons - 4.7'f
(2) 1,001 to 2,000 gallons $1.82
(3) Over 2,000 gallons (per 1,000 gallons) $2.55
(Ord.90-18,Sec.3,adopted 10-9-90)
A-3
holiday under which condition such bill shall be due by 5:00 p.m. Central time,on the next working day
following such Saturday,Sunday,or legal holiday.
(b) All payments made after the sixteenth (16th) day will bear a late charge of penalty of$1.00 or five
percent(5%),whichever is larger,on such monthly charge.
(c) A customer's utility service may be disconnected if a bill has not been paid or a deferred payment
agreement entered into within twenty-six (26)days from the date of issuance of a bill and if proper notice
has been given. Proper notice shall consist of a separate mailing or hand delivery at least ten (10) days
prior to a stated date of disconnection,with the words"termination notice"or similar language prominently
displayed on the notice. The information included in the notice shall be provided in English and Spanish as
necessary to adequately inform the customer. Attached to or on the face of the termination notice shall
appear a statement notifying the customer that if they are in need of assistance with payment of their bill,
they may be eligible for alternative payment programs,such as deferred payment plans,and to contact the
Water Department of the City of Wylie for more information. If mailed,the cutoff day may not fall on a
holiday or weekend,but will be on the next working day after the tenth (10th)days. Service may not be
discontinued to a delinquent residential customer permanently residing at that residence becoming seriously
ill or more seriously ill if service is discontinued. If a customer seeks to avoid termination on this basis,
the customer must have the attending physician call or contact the Water Department within sixteen (16)
days of the issuance of the bill. A written statement must be received by the Water Department from the
physician within twenty-six (26) days of the issuance of the bill. The limit on termination shall last sixty-
three (63)days from the issuance of the bill or a lesser period if agreed by the parties. The customer who
makes such request shall enter into a deferred payment plan to accomplish payment of the bill.
(d) If it is necessary to terminate water service for nonpayment,a charge of$30.00 shall be paid prior to
restoration of the service if the service is restored between the hours of 8:00 a.m. and 5:00 p.m., Central
time,on weekdays. At other times,the restoration charge shall be$45.00.
(e) If water and sewer service are terminated by customer request,the charge for restoring the service shall
be$10.00 which will be added to the next months' bill.
(Ord.90-18,Sec.2,adopted 10-9-90)
§ 1.07 Temporary Connection Charge
A fee of$20.00 shall be paid in advance for temporary water service to a utility customer for activities such
as cleaning, plumbing checks, remodeling and so forth. This service will be for three (3) working days,
excluding the date the fee is paid.
(Ord.87-48,Sec. 1-H,adopted 9-22-87)
§ 1.08 Special Service Connection Fee
Upon receipt of an application for service and payment of all required deposits,connection of utility service
shall be made by the city. If requested by the customer,and if the application and deposit are received prior
to 10:00 a.m.,all reasonable efforts will be made to connect service by the end of the same working day. If
the application and deposit are received after 10:00 a.m.,and upon payment in advance of a$25.00 special
service connection fee, service will be connected by the end of the same working day. Otherwise, all
reasonable efforts will be made to connect service by the end of the following day.
(Ord.87-48,Sec. 1-I,adopted 9-22-87)
§ 1.09 Special Meter Reading Charge
A special meter reading charge of$10.00 shall be charged on the existing water bill when requested by a
customer if the reading is determined to be correct. No reading charge will be made if it is determined the
original reading was not correct.
(Ord.84-12,Sec. 1-I,adopted 3-13-84)
A-5
§ 1.11 Resetting Meter Charge
The charge for resetting a water meter at the request of the customer shall be the rate shown in § 1.10(a)
hereinabove.
(Ord.84-12,Sec. 1-K,adopted 3-13-84)
§ 1.12 Pro-Rata Water and Sewer Charges
(a) The city may extend water and sanitary sewer mains in the streets,alleys and utility easements in the
City of Wylie in order to permit connections for those persons desiring water and sewer service. The
individual,corporation or partnership requesting the service shall pay the city an amount equal to the cost of
all materials, labor,equipment and other costs to provide the requested extension. At any time additional
connections are made to the water and/or sewer mains. The city shall collect from the individual connecting
to the main(s) an amount equal to the proportional amount of footage of the connectors land abutting the
sewer and repay the same to the original requestors(s)of service or designated recipients.
(Ord.84-12,Sec. 1-L,adopted 3-13-84)
(b) Existing mains adjacent to property other than subdivisions.
(1) Where an area,lot or tract of land abuts any existing water or sanitary sewer main,and when such
water or sanitary sewer main spans the complete frontage of the area, lot or tract of land, the
following charges.known as"pro-rata"shall be made against the owner of the area,lot or tract of
land seeking a connection to the water or sanitary sewer main.
Fifty percent(50%)of the total cost for the installation of the water or sanitary sewer main at the
time the main was constructed,as determined by the city engineer,based upon the greater amount
determined by the front foot method and the acreage method. The cost assessment is to be
determined from existing cost records maintained by the city with the total cost (construction,
engineering,and inspection)distributed for the total length of the project on a linear footage basis
and the total service area on an acreage basis. Front foot cost is defined as the total cost of the
project divided by the total length of the main extension (i.e. S100,000 divided by 1000 L.F. =
S 10/L.F.). Acreage cost is defined as the total cost of the project divided by the service area of the
main extension (i.e. S 100.000 divided by 100 acreage). In no instance shall the front foot cost be
less than seven dollars and fifty cents(S7.50)per front foot nor shall the acreage cost be less than
five hundred dollars(S500.00)per acre.
(Ord.90-5 adopted 3-8-88,Sec.2.01)
§ 1.13 Development/Subdivision Water Charges
All developers or subdividers who are tieing into the water and sewer system of the City of Wylie shall pay
an initial fee equivalent to the gallon capacity of their water system distribution lines multiplied by a factor
of three at the prevailing rate per 1,000 gallons of the lowest rate per 1,000 currently in effect at the time
actual usage occurs. The final determination of the amount of gallons to be charged shall be determined by
the city engineer. Any water used subsequent to the initial loading and flushing of the installed lines shall
be accomplished by the developer or subdivider securing a meter attachment to a fire hydrant. This fee shall
be due and payable prior to approval of the final plat.
(Ord.86-87,Sec. 1-M,adopted 9-23-86)
§ 1.14 Charge for Replacing Meter Box
The cost for replacement of any plastic water meter box is S 15.00.
(Ord.86-87,Sec. 12(1),adopted 9-23-86)
A-7
(b) A determination of value or valuation under any of the provisions of this section shall be made by the
building official. The value to be used in computing the building permit fee,for any structures shall be the
total value of all construction work for which the permit is issued as well as all fmish work, painting,
roofing,electrical,plumbing,heating,air conditioning,elevators,fire-extinguishing systems and any other
permanent equipment.
OTHER INSPECTIONS AND FEES:
(1) Inspections outside of normal business hours....$15.00 per hour(minimum charge-two hours)
(2) Reinspection fee assessed under provisions of Section 305 (g) $15.00 each
(3) Inspections for which no fee is specifically indicated(minimum charge-one-half hour) $15.00
per hour
(4) Additional plan review required by changes,additions or revisions to approved plans $15.00
per hour(minimum charge-one half hour)
(c) The inspection fee for repairs, modifications,etc.,shall be $12.00 up to$100.00 valuation and$12.00
plus$8.00 per$1000 valuation over$100.00 or fraction thereof.
(d) The inspection fee for fence,driveway,etc.,shall be$15.00.
(Ord.84-12,Sec.2-A,adopted 3-13-84)
§ 2.02 Plumbing Permits and Fees
The following charges are made for plumbing projects in conjunction with residential, commercial and
industrial structures prior to the start of construction.
(a) Each plumbing certificate fee shall be$10.00 for each project.
(b) The plumbing inspection fee shall be as follows:
SCHEDULES OF FEES:
For each plumbing fixture or trap or set of fixtures on one trap
(including water, drainage piping and backflow protection therefor) $3.00
For each building sewer and each trailer park sewer $6.00
Rainwater systems - per drain (inside building) $3.00
For each cesspool $10.00
For each private sewage disposal system $25.00
For each water heater and/or vent $3.00
For each gas piping system of one (1) to four (4) outlets $4.00
For each gas piping system of five (5) or more, per outlet $1.00
For each industrial waste pre-treatment interceptor,including its trap and vent,
excepting kitchen type grease interceptors functioning as fixture traps $3.00
For installation,alteration or repair of water piping and/or water treating equipment. $3.00
For repair or alteration of drainage or vent piping $3.00
For each lawn sprinkler system on any one meter,
including backflow protection devices therefor $25.00
For vacuum breakers or backflow protective devices on tanks,vats,etc.or for installation
on unprotected plumbing fixtures,including necetw.wry water piping-
One(1) to four (4) $4.00
Five (5) or more, each $1.00
(Ord.84-12,Sec.2-B,adopted 3-13-84)
A-9
Feeders:
No. 3 or smaller, each $1.00
Larger than a No. 3, each $1.50
Circuits:
Circuit connection to sign, each $1.50
To neon transformer, first $2.00, each added $1.00
Circuit wiring only for equipment to be connected by others
No. 3 or smaller, each $1.00
Larger than No. 3, each $1.50
Special circuits in dwellings for approved window air
conditioners, washers, dryers, etc., each $1.00
Motion Picture Machines, each $5.00
Elevators, each $5.00
Welders: transformer type, each $2.00
Rewiring: same as new installation.
Other electrical work:
When fees are not set up herein, the enforcement official shall set fees that are consistent with fees
named herein above.
(c) An electrical improvement inspection fee of $25.00 shall be charged for each inspection of any
modification of an existing electrical system in a residential structure, commercial building or industrial
building inside the City of Wylie,Texas.
(Ord.84-12,Sec.2-C,adopted 3-13-84)
§ 2.04 Mechanical Permits and Fees
The following charges are made for mechanical projects in conjunction with residential, commercial or
industrial projects prior to the start of construction.
(a) Each mechanical certificate fee shall be$10.00 for each project.
(b) The mechanical inspection fee shall be as follows:
MECHANICAL VALUE INSPECTION FEE
Up to $1,000 in value $30.00
Over$1,000 in value but
less than $10,000 in value $30.00 plus$20.00 for each
$1,000 in value or fraction thereof
not to exceed$100.00
Over$10,000 in value but
less than $100,000 in value 1%of total valuation
In excess of $100,000 in value 0.5%of total valuation
(Ord.87-6,Sec.2-D,adopted 1-13-87)
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less than one hundred eighty (180)days. In the event that accurate flow records or consumption
data is not available in order to establish an ERU, the person, firm or corporation may stipulate
and agree with the city manager concerning the ERU which should be applied in reference thereto,
then said stipulation shall be presented to the city council by the city manager for the ratification
and approval.
(c) For each ERU to be served by the water system there shall be a water impact fee of two hundred twenty
five dollars ($225.00). For each ERU to be served by the sewerage system, there shall be a sewerage
impact fee of two hundred seventy-five dollars($275.00).
(d) These impact fees shall be due and payable not later than-or at the time of the issuance of a building
permit,water and/or sewer tap requests,or the request for the provisions for water or sewer service and the
,�.. actual connection to the existing system. These fees may be paid on individual construction projects or by
development or phases of development. In the case of extraordinary increased water use or sewer production
as determined by a review of the city's consumption records, such calculations shall be referred to as
subsequent impact fees and shall be due and payable thirty(30) days after written notification is received
from the City of Wylie that said fees are due and an explanation provided to the affected customer.
(e) There shall be at least one primary water meter at each site to measure the flow of water, which is
delivered to such site that is being serviced by the municipal water system in this city;provided, however,
if additional meters are installed at any such site at the request of the person, firm or corporation whose
water corresponds with such site and if such additional meters are installed to measure the flow of water at
said site for irrigational or swimming pool purposes,only one impact fee,based on the total flow from all
meters shall be charged but such person,firm or corporation shall be required to pay a separate water meter
charge for each such meter in accordance with the fee schedule hereinabove set forth.
(f) Water meter installation rates and charges as provided herein shall be reimposed in the event of the
discontinuance of the water account where such water meter is located and where the water meter has been
removed from the premises. However, an impact fee shall be imposed once only,at the time of the initial
connection onto the water and sewerage system of the city,subject to the following qualifications:
(1) An additional water impact fee in the amount of two hundred and twenty-five dollars($225.00)and
an additional sewerage impact fee in the amount of two hundred seventy-five dollars ($275.00)
shall be imposed against any commercial,industrial,hotel,motel,multi-family dwelling complex,
mobile home park,travel trailer or recreational vehicle park,hospital,nursing home,extended care
facility,professional office facility,clinic or similar establishment where the same are expanded or
otherwise increased in capacity so that the number of ERU's therein are increased beyond the
immediately pre-existing ERU capacity thereof, as determined by the ERU definition that is set
forth in§3.00(a)(1)hereinabove,and in accordance with the calculation procedure that is stipulated
in § 3.00(b)(2).
(2) Such additional fees shall be referred to as subsequent impact fees, and shall be paid prior to the
issuance of a building permit/sewerage connection permit for any additions to the size and capacity
of such building(s),development,park or complex.
- (3) Subsequent impact fees shall be imposed whether or not a new or replacement water meter is
installed due to such expansion, capacity or addition; provided, however, in the event that the
customer shall request the replacement of a water meter which shall increase the size of the meter
which measures the flow of water into any such building(s),development, park or complex, the
cost of such additional or replacement water meter shall be in accordance with the cost schedule
that is set forth in this section.
(Ord.84-12,Sec.3,adopted 3-13-84)
(g) All funds received from the impact fee for all future water and sewerage connections,as aforesaid,and
all charges thus imposed,heretofore,shall be deposited into the"Water and Sewer System Impact Fund"and
shall be expended from that fund only for the purpose of providing for major improvements,debt service,
expansion,emergency repairs and extending or constructing new additions or replacements to the water and
sewer system of this city which are required and needed because of the impact upon said water and sewer
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(c) Financing costs for repayment by adjacent property owners of their portion of the materials for projects
done under provisions of the street reconstruction ordinance, the following interest rates shall apply and
shall be calculated on a simple interest basis and billed on the monthly water bill. Said payments shall be
_LL subject to the normal provisions for late charge penalties etc.
(1) 90 day payout no interest
(2) One-year payout 10%interest
(3) Two-year payout 10%interest
(4) Three-year payout 10%interest
(Ord.86-70 adopted 6-24-86)
(d) Senior citizens who qualify under the criteria set forth for discounted water and sewer rates may also
qualify for a 50%discount on the assessed amount of their portion of the street to be reconstructed.
(Ord.85-50 adopted 8-13-85)
§ 6.00 PERIMETER STREETS FEE IN LIEU OF CONSTRUCTION
As referenced in the City of Wylie Subdivision Ordinance, developers may in certain approved
circumstances make a payment to the City of Wylie of funds in an appropriate amount to provide for the
cost of construction of the required perimeter streets in association with their development. The fee for such
payment in lieu of construction shall be as follows:
(a) Six inch (6") thick required street construction $2.00 a square foot.
(b) Eight inch (8") thick required street construction $2.25 a square foot.
(Ord.85-8,Sec.6,adopted 3-12-85)
§ 7.00 MAINTENANCE BONDS
As required by the City of Wylie's Subdivision Ordinance, maintenance bonds to cover the cost of any
repairs that may be required during the one year warranty period to public works improvements and facilities
dedicated to the City of Wylie at the time of final plat acceptance shall be in the amount of ten(10)percent
of the total value of all improvements dedicated and shall be delivered to the City of Wylie prior to the
Council's consideration of final acceptance.
(Ord.85-8,Sec.7,adopted 3-12-85)
§ 8.00 ZONING AND PLATTING FEES
(a) Zoning Fees - Zoning application or rezoning fees shall be $200.00 plus $25.00 per type of zoning
requested on a tract of land.
(b) Plat Fees-The following fees shall be paid at the time of submission of plats in accordance with the
Subdivision Ordinance:
(1) The preliminary plat fee shall be $125.00 plus $2.00 per lot in the subdivision or $5.00 per acre
whichever is greater.
A-15
TIMES PER WEEK MO. CHARGE
2 cu.yd 1 x week $65.58
2 x week 106.58
3 x week 147.56
3 cu.yd 1 x week 72.61
2 x week 117.12
3 x week 160.45
4 cu.yd 1 x week 89.00
2 x week 131.18
3 x week 182.70
6 cu.yd 1 x week 100.72
2 x week 167.48
3 x week 237.75
8 cu.yd 1 x week 125.31
2 x week 199.15
3 x week 257.66
10 cu.yd 1 x week 146.40
2 x week 248.29
3 x week 349.00
EXTRA PICKUPS/DUMPSTER-EACH REQUEST
Upon request, extra pickups shall be made of commercial dumpsters and a fee charge made for each
request in accordance with the following schedule,to-wit:
2-4 cu. yd $30.45
6-10 cu. yd $36.11
SPECIAL CHARGES:
Compactor containers (42 cu. yd.) $267.01
Roll-off containers (30 cu. yard) $238.92 per haul
Per day rent of roll-off containers $8.27
Per month rent of roll-off containers $248.10
Delivery and exchange of roll-off containers $82.88
Delivery and exchange of front-end containers $57.62
Return check charge $25.00
Past due service charge(Over 25 days from
statement due date, commercial dumpsters only) 1.5%per month
§ 9.04 Fees for Tree, Shrub and Brush Trimmings, Newspapers and Magazines
Trees,shrub and brush trimmings,newspapers and magazines securely tied together and forming an easily
handled package not exceeding four feet(4)in length or thirty-five(35)pounds in weight shall be collected
4-D
A-17
(c) Surety bond to be a minimum of$1,000.00
(Ord.84-12,Sec.8,adopted 3-13-84)
§ 11.00 EMERGENCY MEDICAL. SERVICE CHARGES
(a) Emergency,non resident pick-up outside the
corporate limits of the city $150.00 plus mileage charges
(see other charges below)
(b) Emergency,resident of city picked up within
the corporate limits of the city $125.00
(c) Non-emergency transfer service for non-resident picked up
picked up outside the corporate limits of the city $100.00 plus mileage
(see other charges below)
(d) Non-emergency transfer service for resident of the city $75.00 plus mileage
(see other charges below)
OTHER CHARGES:
Mileage $2.00 per mile
Oxygen use (base) $15.00
Oxygen use base plus $0.10 per minute for each minute over ten(10)minutes
Standby charge $30.00 per hour
Additional persons(over 1)transported $25.00 per person
4 x 4 Bandages $0.75 each
Triangle Bandages $0.75 each
(Ord.87-31 adopted 6-23-87)
§ 12.00 COPYING CHARGES
The following fees shall be charged for copies made using the City of Wylie machine and paper for any
purpose other than City of Wylie business. No discount is allowed for quantity copies.
SIZE(INCHES) COST PER COPY
Up to 8-1/2" x 14"
50 pages or less of readily available information $0.10 each
50 pages or more of readily available information:
First page S0.85
Additional pages $0.15 each
For any quantity of information deemed to be not readily available:
First page $0.70
Additional pages $0.15
Plus actual labor costs incurred in providing the requested information
14" x 18" $0.50
(Ord.88-8 adopted 4-26-88)
A-19
land shall be made at or prior to the time of final plat approval. Nonpayment of fee shall constitute
grounds sufficient to deny approval of proposed plat.
(b) The city may, from time to time, decide to purchase land for parks in or near the area of actual oz•
potential development. If the city does purchase parkland in a park zone,subsequent parkland dedications
for that zone shall be in cash only, and calculated to reimburse the city's actual cost of acquisition and
development of such land for parks. The fee amount shall be equal to the sum of(1) the average price per
acre of such land,and(2)the actual cost of adjacent streets and on-site utilities,or an estimate of such actual
cost provided by the city engineer. Once the city has been reimbursed entirely for all such parkland within a
park zone, this section shall cease to apply, and the other subsections of this section shall again be
applicable.
(c) To the extent that paragraph(b)hereinabove is not applicable,the dedication requirement shall be met
by a payment in lieu of land at a per acre price set from time to time by resolution by the city council,
sufficient to acquire land and provide for adjacent streets and utilities for a neighborhood park to serve the
park zone in which such development is located. Unless changed by the city council,such per acre price
shall be computed on the basis of two hundred twenty five dollars ($225.00) per dwelling unit. Cash
payments may be used only for acquisition or improvement of a neighborhood park located within the same
zone as the development.
(Ord.87-15 adopted 1-27-87,Sec.3)
§ 17.00 ALARM SYSTEM FEES AND CHARGES
§ 17.01 Commercial Permit Fee
A non-refundable fee of twenty dollars($20.00)per year is required for each commercial permit or renewal
of a commercial permit. A commercial permit is issued for the balance of the calendar year and must be
renewed on or before December 31st,each year thereafter by the submission of an application and payment
of the commercial permit fee and any service fees that have been assessed. It is the responsibility of the
permit holder to pay the renewal commercial permit fee and service fees,if any,prior to the expiration date
of the permit. Although a permit is required for private residences,no fee will be charged.
(Ord.90-6 adopted 3-27-90,Sec.3)
§ 17.02 Service Charge on False Alarms
(a) If after five (5) false burglar alarms in the twelve(12) month period immediately preceding any false
burglar alarm,the permit holder shall be assessed a service fee of fifty dollars($50.00)for such false alarm.
(Ord.adopting Code)
(b) If after two (2) false fire alarms in the twelve (12) month period immediately preceding any false
robbery alarm, the permit holder shall be assessed a service fee of one hundred dollars ($100.00) for such
false alarm.
(d) If after two(2) false medical assistance alarms in the twelve(12) month period immediately preceding
any false medical assistance alarm,the permit holder shall be assessed a service fee of fifty dollars($50.00)
for such false alarm.
(e) If after two (2) false emergency assistance alarms in the twelve (12) month period immediately
preceding any false emergency assistance alarm,the permit holder shall be assessed a service fee of fifty
dollars($50.00)for such false alarm.
(Ord.90-6 adopted 3-27-90,Sec.4)
A-21
License (Mg ilia Renewal w
Master electrician $100.00 $60.00
Journeyman electrician $25.00 $10.00
Apprentice $5.00 $5.00
§ 19.02 Electrician's License Examination Fee
(b) The fees required for the examination shall be fifty dollars($50.00)for master and twenty-five dollars
($25.00)journeyman applicants.
(Ord.85-7 adopted 2-26-85,Sec.5.8)
§ 19.03 Duplicate License Fee
In the event that an apprentice,journeyman or master electrician's license issued under the provisions of
this electrical code is lost or destroyed,the person to whom the same was issued may obtain a duplicate of
substitute thereof upon furnishing proof satisfactory to the enforcement official that such permit or license
was lost or destroyed,and upon payment of a fee of three dollars($3.00).
(Ord.85-7 adopted 2-26-85,Sec.5.12)
§ 20.00 EXCAVATION PERMIT FEES
(a) Fees for permits to open or excavate any street within the city shall be as follows:
(1) Paved Streets: Concrete two dollars($2.00); Asphalt one dollar($1.00)per lineal foot of paving
cut for a standard trench,with a minimum charge of five dollars($5.00)per trench.
(2) Dirt or Gravel Streets: Fifty cents($0.50)per lineal foot of street cut,measured from the property
line for a standard trench, with a minimum charge of five dollars ($5.00) per trench. If the
excavation involves both paving and dirt or gravel shoulder, the total cost of the permit will be
figured by adding the cost of cutting the pavement and the cost of cutting the dirt or gravel
shoulder.
(b) The payment of such surfacing cost,.computed-as set out above, shall be made to the City of Wylie
simultaneously with the filing of the application for cutting street and prior to cutting said street. A
standard trench shall be interpreted as one whose excavation width does not exceed thirty inches (30").
Further and at the same time each such applicant shall be required to pay any extra cost,as estimated by the
plumbing inspector,of repairing street surfaces where the width of trench exceeds that of the standard.
(c) The charges set out herein shall not be collected by the city if the proposed excavation is to be made in
a street which is neither in use by the public nor cut to grade for such use; likewise,such charges shall not
be collected if the proposed excavation is to be made in a street located in a subdivision then in process of
development if all street improvements are being made by the developer at his or her expense and said
excavation is made before such streets are accepted by the city.
(Ord.74-14 adopted 11-12-74,Sec.5)
§ 21.00 HOUSE MOVING PERMIT FEES
Along with the application for a permit to move any building or structure in the city,the applicant therefor
shall pay to the city an inspection fee of one hundred dollars($100.00). In the event the structure is located
outside the city limits of the City of Wylie an additional fee of thirty-five cents ($0.35) per mile shall be
acpsseri
(Ord.85-34A adopted 5-14-85,Division 1,Sec.3)
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§ 27.00 j)ANCE HALL LICENSE FEES
The license fee to be charged and collected for any license to operate a dance hall within the city shall be one
hundred dollars($100.00),and all licenses to expire December 31st of the year issued.
(Ord.84-16 adopted 3-28-84,Art.III,Sec.8)
§ 28.00 POOL HALL LICENSE FEES
The license fee to be charged and collected for any license to operate a pool hall within the city shall be one
hundred dollars($100.00),all license to expire December 31st of the year issued.
(Ord.84-16 adopted 3-28-84,Art.IV,Sec.5)
§ 29.00 GARAGE SALE PERMIT FEES
The fee for a garage sale permit shall be five dollars($5.00).
(Ord.89-13 adopted 4-25-89,Sec.2)
§ 30.00 WRECKER SERVICE FEES
§ 30.01 Wrecker Rotation List Fee; Renewal Fee
(a) An application fee of ten dollars ($10.00) for each wrecker to be operated on the rotation list by the
applicant shall accompany each application.
(b) Each applicant shall, if he or she desires to continue his or her placement on the wrecker rotation list,
make a renewal application and pay a renewal fee of five dollars($5.00).
(Ord.82-23 adopted 11-22-82,Sec. 1)
§ 30.02 Wrecker Service Rate Schedule
No applicant, whose application has been approved hereunder and who has been placed on the wrecker
rotation list shall charge for wrecker service any sum in excess of the rates specified in the following
schedule:
(a) Towing of non-accident vehicles during regular business hours,8:00 a.m.to 6:00 p.m.—$25.00.
(b) Nights and weekends—$35.00.
(c) Vehicles requiring a dolly for reasons other than automatic transmission-additional charge—$15.00.
(d) Extra time in excess of one (1) hour (not including time spent waiting for officer to complete
investigation)per hour—$15.00.
(e) Charge for diesel rig or other heavy equipment per hour(with$45.00 minimum)—$45.00.
(Ord.82-23 adopted 11-22-82,Sec.7)
\f) Storage of vehicle per day or fraction thereof—$5.00
1(Ord.adopting Code)
A-25
arrest is required for an offense under Section 38.11, Penal Code, or under Section 149, Uniform Act
Regulating Traffic on Highways(Article 6701d,Vernon's Texas Civil Statutes),or for failure to appear in
response to a written promise contained in a personal bond given under the provisions of Article 17.04,
Code of Criminal Procedure,provided that due notice has been given to the defendant,prior to the issuance
and service of such warrant of arrest,that such special expense will be imposed.
(Ord.87-45 adopted 9-8-87,Sec. 1)
§ 37.00 SPECIAL EXPENSE FEE FOR DISMISSING OFFENSES
FOR DEFENSIVE DRIVING COURSE ATTENDANCE
The municipal court shall also collect a special expense of ten dollars ($10.00) for services performed in
cases in which the defendant is discharged by virtue of having attended,subsequent to the date of the alleged
offense, a defensive driving course in compliance with the provisions of Subsection (a), Section 143(A),
Article 6701d,Vernon's Texas Civil Statutes. This special expense shall apply only to offenses committed
after September 1, 1987.
(Ord.87-45 adopted 9-8-87,Sec.2 and 3)
§ 38.00 VEHICLE IMPOUNDING FEES
An impounding fee of five dollars($5.00)and a storage fee of fifty cents($.50)per day is hereby assessed
against, and shall be collected from, the owner or driver of any vehicle impounded by virtue of the
provisions of this section before the release of any such vehicle. The payment of this impounding fee shall
not excuse such owner or driver from the charge of violating any applicable provisions of state law, this
section,or other rules or regulations.
§ 39.00 WASTE HAULING PERMIT FEES
Waste hauling permits shall be issued by the city upon proper application and payment of a ten dollar
($10.00)permit fee. All such permits shall be valid for one(1)year.
(Ord.86-80 adopted 10-14-86,Sec. 16.6)
§ 40.00 WASTEWATER DISCHARGE PERMIT APPLICATION FEE
Major industrial/commercial users required to obtain a wastewater discharge permit shall complete and file
with the director, an application in the form prescribed by the city. A permit fee of twenty-five dollars
($25.00) shall accompany the application. New major industrial/commercial users shall apply at least
ninety (90) days prior to connecting to the sewage system. In support of the application, the major
industrial/commercial user shall submit the information requested by the application form.
(Ord.86-80 adopted 10-14-86,Sec. 16.9)
§ 41.00 CHARGES FOR MOWING AND REMOVING
BRUSH AND UNSIGHTLY MATTER
The expense incurred by the City of Wylie, pursuant to the correcting of conditions as set forth in this
section, shall be charged to and become a lien on the platted real estate or lot or lots upon which such
expense is incurred. Such charges to be levied shall be as follows:
(a) A charge of thirty seven dollars and fifty cents($37.50)plus the city's cost per hour of mowing on per
lot basis for each cutting of said weeds and brush shall be levied, assessed and collected against such
A-27
City of Wylie
AGENDA COMMUNICATION
SUBMITTED BY: COMMUNITY SERVICES DIRECTOR: BILL NELSON
DATE REFERENCE NO. SUBJECT
2/16/93 p COMMUNITY PARK CONCESSION STAND LEASE
SUMMARY OF SUBJECT:
Allen Weiss Enterprises has successfully operated the concession stand at Community Park
during 1991-1992. Since the Community Services Department has been pleased with their
operation, we proposed to Mr. Weiss that a longer term agreement might be in order. Mr.
Weiss responded (see attached proposal) and we responded (see attached counter proposal).
Mr. Weiss has verbally accepted our counter proposal.
ALTERNATIVES:
1.) Accept - Three (3) year contract with 21% of the gross sales proceeds, after sales tax are
deducted, going to the City of Wylie. Sales prices cannot increase more than ten percent
(10%) in the second and third years combined. Should the cost of product increase
substantially, Allen Weiss Enterprises has the right to go before Mr. Nelson and the City
Council to request permission for a price increase. Five hundred dollars ($500.00) per years
1 - 3 be spent on improvements and/or maintenance at concession stand.
2.) Deny - Alternative #1.
ACTION REQUESTED:
1.) Approve Alternative #1.
REVENUE SOURCES: EXPENDITURE ACCOUNTS:
N/A N/A
- BUDGETED FISCAL YEAR(s):
ESTIMATED EXPENDITURE:
$
PERSONNEL ❑ - OVER/UNDER PROJECTIONS BY:
OPERATIONS ❑ ONE-TIME ❑ • $
CAPITAL ❑ RECURRING ❑ OTHER COMMENTS:
USER DEPARTMENT COMMENTS:
SUPPORTING DOCUMENTS:
BACKGROUND MEMO MINUTES X LETTER
C.I.P. ORDINANCE/RESOLUTION X OTHER
BUDGET WYLIE CODE OTHER
MAP, PLAN, SKETCH BID TAB/SPECS OTHER
MINUTES LEGAL
REVIEWED BY:
X CITY MANAGER X DIRECTOR OF PARKS/REC. CITY SECRETARY
DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR
POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR.
. FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL
WORKS
APPROVED FOR SUBMISSION TO CITY COUNCIL
ITY MANAGER
Allan Weiss Enterprises 4266915 P. 02
•
ALLAN WEISS ENTERPRISES
CONCESSIONS&CATERING
February 16, 1993
Mr. Bill Nelson, Director
Community Services
City of Wylie
P. 0. Box 428
Wylie, Texas 75098
Dear Mr. Nelson:
We would agree to operate the concession stand at
Community Park for the City of Wylie on a three ( 3 )
year contract. Twenty-one percent ( 21 % ) of the gross
sales proceeds after sales tax is deducted, would go
to the City of Wylie. The sales prices of the items
sold would not increase more than ten percent ( 10%)
in the second and third years combined. However,
should the cost of product increase substantially,
we would like the right to go before Mr. Nelson and
the City Council to request permission for a price
increase.
We agree to contribute $300.00 in years one through
three to be spent on improvements and/or maintenance
of the concession stand. •
we will also give the baseball league $200. 00 per
year to help promote tournament play. If the City
Council elects to drop fees for tournament play, we
will give this $200. 00 to Parks and Recreation to
also be used on improvements to the concession stand.
Yours very truly,
ALLAN WEISS ENTERPRISES, INC.
Allan Weiss
AW:jt
NitY ie
CITY OF WY-LIL
2000 HWY.78N.-P.O. BOX 428
WYLIE,TEXAS 75098
(214)442-2236 • FAX 442-4302
February 18, 1993
Mr. Allen Weiss
Allen Weiss Enterprises
P.O. Box 15009
Dallas, Texas 75315
Dear Mr. Weiss:
This letter is in response to your contract proposal for operating the concession stand at
Community Park for the City of Wylie. The City of Wylie agrees to a three (3) year contract
with twenty-one percent (21%) of the gross sales proceeds after sales tax are deducted, going to
the City of Wylie. In addition, the sales prices of the items sold cannot increase more than ten
percent (10%) in the second and third years combined. Should the cost of product increase
substantially, you have the right to go before Mr. Nelson and the City Council to request
permission for a price increase.
In regard to your offer of five hundred dollars ($500.00) to the concession stand and tournament
play in years 1 - 3, we prefer that all the money be spent on improvements and/or maintenance
at the concession stand.
This item can be put on the February 23, 1993 City Council Agenda and must be approved by
them. Please respond so that the City Council can act on this item.
Sincerely,
Bill Nelson
Director
Community Services
cc: Steve Norwood
City Council
MEMORANDUM
DATE: February 3 , 1992
.. TO : Carolyn Jones , Acting City Manager
FROM: Bill Nelson , Park and Recreation Director V 4
RE : Concession Stand at Community Park
In March of 1991 , the city sought proposals for
Concessionaire Services at Community Park. This proposal
stated that the contract would commence on or about April 1 ,
1991 and continue for a twelve ( 12) month period , with an
option to renew at the discretion of the City .
_ In April of 1991 , a lease/contract was signed between the
City and Allen Weiss Enterprises . The lease commenced on
April 1 , 1991 and terminated on December 31 , 1991 . Even
though the time frame of the lease/contract probably takes
precedent over the proposal dates , the fact is the City
needs a new lease/contract for a concessionaire for the
upcoming year . „
Below is listed the menu and prices for 1991 :
Hamburger $ 1 . 75
Cheeseburger $2. 00
Nachos $ 1 . 75
Corny Dog $ 1 . 25
_. Hot Dog $ 1 .00
Smoked Sausage $2 . 25
Chopped Barbecue $2. 75
µ, French Fries $ . 75
Popcorn $ . 75
Peanuts $ . 75
Snow Cone $ . 75
Chips $ . 50
Candy Bars $ . 25
$ . 50
- $ . 75
Soft Drinks $ . 75 Regular $ 1 . 00 Large
Lemonade $ . 75 Regular $ 1 .00 Large
Punch $ . 75 Regular $ 1 .00 Large
Iced Tea $ . 75 Regular $ 1 .00 Large
Hot Chocolate $ . 75 Regular $ 1 . 00 large
Coffee $ . 50
Attached is the menu and prices for 1992 . Smoked Sausage
and Chopped Barbecue were dropped because of poor sales .
Ice cream on a stick, large pickle , sunflower seeds , and
bubble gum were added due to demand. Except for candy, all
the items that were available in 1991 and again in 1992 , are
the same price .
In addition , Allan Weiss has agreed to set up a satellite
stand ( s) on an experimental basis , to help service the
soccer/football fields better . This stand ( s) would be open
when the soccer/football fields are in use . It would also
be open along with the regular concession stand when soccer ,
softball and football are all playing at the same time .
Therefore , based on last year's service ,. quality of food and
reasonable prices , I think the City should renew it's
lease/contract with Allan Weiss Enterprises for 21 % of the
gross sales after the deduction of 7 . 75% sales tax. A
decision needs to be made very soon since the Soccer Season
begins the second week of February, 1992 .
M
AVAI
AL AN WEISS ENTERPRISES
CONCESSIONS&CATERING
MENU
HAMBURGER 1 .75 COLD DRINKS LG. 1 .00
REG. .75
CHEESEBURGER 2.00 DR . PEPPER
NACHOS 1 .75 7UP
R.C. COLA
CORNY DOG 1 . 25 BIG RED
FRUIT PUNCH
HOT DOG 1 .00 LEMONADE
ICED TEA
ICE CREAM ON A STICK 1 .00 HOT CHOCOLATE
FRENCH FRIES .75 COFFEE . 50
POP CORN .75
HOT PEANUTS
LARGE PICKLE
SNOW CONE
SUNFLOWER SEEDS
CHIPS . 50
CANDY .75
BUBBLE GUM ( 3 pc. ) . 25
P.O.BOX 150009/DALLAS,TEXAS 75315/(214)565.1511
W4e_t55 I.. e' pYLS•
ct
Wylie Dallas
Cheeseburger $ 2.00 $ 2. 75
Hamburger 1 .75 2.50
Hotdog 1 . 00 1 . 50
Corn Dog 1 .25 1 . 50
French Fries . 75 1 . 50
Nachos 1 .75 2. 00
Frito Pie 2. 25
Chili Dog 1 .50 1 .75
Chili Burger 2.25
Popcorn .75 1 . 00
Candy .75
Chips . 50 .75
Gum 3/ .25
Snocone .75 1 . 00
Hot Chocolate .75 1 .00
Coffee . 50 1 . 00
Large Soft Drink 1 .00 1 . 50
Regular Soft Drink .75 1 . 00
Spring Ice Water - regular . 25
Spring Ice Water - large . 50
City of Wylie
AGENDA COMMUNICATION
SUBMITTED BY: LEGAL DEPARTMENT DIRECTOR: STEVEN P . DEITER ` '
DATE REFERENCE NO. SUBJECT
. 2-18-93 7 ORDINANCE REGULATING SEXUALLY- ORIENTED BUSINESSES
SUMMARY OF SUBJECT:
COUNCIL HAS PREVIOUSLY DISCUSSED AND CONSIDERED .ADOPTION OF AN ORDINANCE
REGULATING SEXUALLY ORIENTED BUSINESSES WITHIN THE CITY .
THE PROPOSED ORDINANCE IS PATTERNED AFTER PLANO AND ROCKWALL ORDINANCES
AND REQUIRES LICENSING OF ALL SEXUALLY ORIENTED BUSINESSES AND RESTRICTS
THEIR LOCATION TO OUTSIDE 1 , 000 OF RESIDENTIAL AREA, SCHOOLS, ETC .
THE CITY CURRENTLY HAS NO ORDINANCE WHICH WOULD ALLOW IT TO HAVE ANY
CONTROL OVER SUCH BUSINESSE SHOULD THEY DESIRE TO LOCATE IN WYLIE
ALTERNATIVES:
1 ) ADOPT ORDINANCE AS PROPOSED
2) ADOPT ORDINANCE WITH APPROPRIATE CHANGES
3) TAKE NO ACTION REGARDING REGULATION OF SEXUALLY ORIENTED BUSINESSES
ACTION REQUESTED:
ALTERNATE 1) ADOPTION OF ORDINANCE REGULATING SEXUALLY ORIENTED
BUSINESSES
REVENUE SOURCES: EXPENDITURE ACCOUNTS:
N/A N/A
BUDGETED FISCAL YEAR(s):
ESTIMATED EXPENDITURE:
S
PERSONNEL ❑ OVER/UNDER PROJECTIONS BY:
OPERATIONS ❑ ONE-TIME ❑ • S
CAPITAL ❑ RECURRING ❑ OTHER COMMENTS:
USER DEPARTMENT COMMENTS:
SUPPORTING DOCUMENTS:
- XX BACKGROUND MEMO MINUTES LETTER
C.I.P. X X X ORDINANCE/RESOLUTION OTHER
BUDGET WYLIE CODE OTHER
MAP, PLAN, SKETCH BID TAB/SPECS OTHER
MINUTES XX LEGAL
REVIEWED BY:
x x x CITY MANAGER DIRECTOR OF PARKS/REC. x x CITY SECRETARY
DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR
POLICE CHIEF X X X X CITY ATTORNEY PUBLIC WORKS SUPR.
FIRE CHIEF • • DIRECTOR OF PUBLIC BUILDING OFFICIAL
WORKS
APPROVED FOR SUBMISSION TO CITY COUNCIL
CITY MANAGER
MEMORANDUM
TO: City Council
FROM: Steve Deiter 40
SUBJECT: Sexually Oriented Business a dinance
DATE: February 18, 1993
I am forwarding herewith for the Council's review and consideration a draft of a sexually
oriented business (SOB)ordinance for the City of Wylie. The ordinance is substantially the same
as the Rockwall SOB ordinance which you previously received a copy of. It is also very similar
to the Plano SOB which I used as a form.
As noted in previous discussions, this ordinance defines what a sexually oriented business
is (e.g. adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult
motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter
center); provides that if it is a SOB then it must be licensed (stringent license requirements), and
that it may not be located within 1,000 feet of a residential neighborhood, school, etc..
The ordinance will be followed up with a change to the Zoning Ordinance which would
provide for the location of sexually oriented business only as a conditional use within a specified
zoning classification. Currently no such use is provided for and the zoning ordinance may
therefore be prohibitive of any location, and as such subject to challenge.
Should any of you have questions or concerns over the content or effect of the Ordinance
please advise.
cc: Steve Norwood
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, PROVIDING THAT THE CODE
OF ORDINANCES OF THE CITY OF WYLIE, TEXAS, BE AMENDED BY ADDING
A CHAPTER TO BE NUMBERED 13, AND TITLED "SEXUALLY ORIENTED
BUSINESSES'; PROVIDING DEFINITIONS AND REGULATIONS FOR SEXUALLY
-,.A. ORIENTED BUSINESS ESTABLISHMENTS WITHIN THE CITY OF WYLIE BY
ESTABLISHING CRITERIA FOR ISSUANCE, SUSPENSION, REVOCATION,TERM,
AND FEES FOR LICENSES; PROVIDING PROCEDURES FOR APPEAL OF
DENIAL, S S�PENSION OR REVOCATION OF A LICENSE; PROVIDING FOR THE
INSPECT NIO OF SEXUALLY ORIENTED BUSINESSES AND EXEMPTIONS FROM
SAID RESTRICTIONS; ESTABLISHING ADDITIONAL REGULATIONS FOR
=-ESCORT AGENCIES, NUDE MODEL STUDIOS, ADULT THEATERS AND ADULT
MOTION PICTURE THEATERS, AND ADULT MOTELS; ESTABLISHING
REGULATIONS PERTAINING TO EX TION OF SEXUALLY EXPLICIT FILMS OR
VIDEOS; ESTABLISHING PENALTY FINES FOR VIOLATION; AND
PROVIDING AMENDMENT PROCEDURES, A SEVERABILITY CLAUSE, A
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the city council makes the following findings with regard to sexually oriented
establishments:
(1) Section 215.075 of the Local Government Code, V.T.C.A., authorizes home rule
cities to license any lawful business, occupation, or calling that is susceptible to the control of
the police power.
(2) Section 54.004 of the Local Government Code, V.T.C.A., authorizes home rule
cities to enforce all ordinances necessary to protect health, life, and property, and to preserve
the good government, order and security of such cities and their inhabitants.
(3) There are a potentially substantial number of sexually oriented businesses in the
area that would require special supervision from the public safety agencies of the city in order
to protect and preserve the health, safety, and welfare of the patrons of such businesses as well
as the citizens of the city.
(4) Sexually oriented businesses are frequently used for unlawful sexual activities,
including prostitution and sexual liaisons of a casual nature.
(5) the concern over sexually transmitted diseases is a legitimate health concern of
the city which demands reasonable regulation of sexually oriented businesses in order to
protect the health and well being of the citizens.
(6) Licensing is a legitimate and reasonable means of accountability to ensure that
operators of sexually oriented businesses comply with reasonable regulations and to ensure
that operators do not knowingly allow their establishments to be used as places of illegal sexual
activity or solicitation.
(7) there is convincing documented evidence that sexually oriented businesses,
because of their very nature, have a deleterious effect on both the existing businesses around
them and the surrounding residential areas adjacent to them, causing increased crime and the
downgrading of property values.
(8) It is recognized that sexually oriented businesses, due to their nature have serious
objectionable operational characteristics particularly when they are located in close proximity
to each other, there by contributing to urban blight and downgrading the quality of life in the
adjacent areas.
(9) the City Council desire to minimize and control these adverse effects and thereby
preserve the property values and character of surrounding neighborhoods, deter the spread of
urban blight, protect the citizens from increased crime, preserve the quality of life, and protect
the health, safety, and welfare of the citizenry; and
WHEREAS, the City council makes the following findings with regard to the licensing of
sexually oriented business establishments:
(1) It is in the interest of the public safety and welfare to prohibit persons convicted
of certain crimes from engaging in the occupation of operating a sexually oriented business.
(2) The City Council, in accordance with Article 6252-13c of Vemon's Texas Civil
Statutes, has considered the following criteria:
(a) the nature and seriousness of the crimes;
(b) the relation ship of the crimes to the purposes for requiring a license to
engage in the occupation;
(c) the extent to which a license might offer an opportunity to engage in further
criminal activity of the same type as that in which the person previously
had been involved and
(d) the relationship of the crimes to the ability, capacity, or fitness required to
perform the duties and discharge the responsibilities of the licensed
occupation; and has determined that the crimes listed in Sections 13-5(a)
(8) of Chapter 13 "SEXUALLY ORIENTED BUSINESSES," of the Wylie City
Code, as set forth in this Ordinance, are serious crimes which are directly
related to the duties and responsibilities of the occupation of operating a
sexually oriented business. The City Council has further determined that
the very nature of the occupation of operating a sexually oriented business
brings a person into constant contact with persons interested in sexually
oriented materials and activities thereby giving the person repeated
opportunities to commit offenses against public order and decency or
crimes against the public health, safety, or morals should he be so inclined.
Thus, the listed crimes render a person unable, incompetent, and unfit to
perform the duties and responsibilities accompanying the operation of a
sexually oriented business in a manner that would promote the public
safety and trust.
(3) No person who has been convicted of a crime listed in, as set forth in this
Ordinance, is presently fit to operate a sexually oriented business until the respective time
periods designated in that section have expired.
(4) It is the intent of the City Council to disqualify a person from being issued a
sexually oriented business license by the City of Wylie if he is currently under indictment or
misdemeanor information for, or has been convicted within the designated time period of, any
of the crimes listed in Section 13-5 (a) (8), as set forth in this Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, AS FOLLOWS:
Section I. That the Wylie city code, as amended, is hereby further amended by adding
Chapter 13, "Sexually Oriented Businesses", to read as follows:
CHAPTER 13. SEXUALLY ORIENTED BUSINESSES
SEC. 13-1. PURPOSE AND INTENT.
(a) It is the purpose of Chapter 13 to regulate sexually oriented businesses to promote
the health, safety, morals, and general welfare of the citizens of the city, and to establish
reasonable and uniform regulations to prevent the continued concentration of sexually oriented
businesses within the city. the provisions of this Chapter have neither the purpose nor effect
of imposing a limitation or restriction on the content of any communicative materials, including
sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or
deny access by adults to sexually oriented materials protected by the First Amendment, or to
deny access by the distributors and exhibitors of sexually oriented entertainment to their
intended market.
(b) It is the intent of the City Council that the locational regulations of Section 13-13
of this Chapter are promulgated pursuant to Chapter 243 of the Local Government Code of the
State of Texas. It is the intent of the City Council that all other provisions of this chapter are
promulgated pursuant to the Wylie City Charter, the Texas Local Government Code V.T.C.A.,
and Article 1175, V.A.C.S.
SEC. 13-2. DEFINITIONS.
In this chapter:
(1) ADULT ARCADE means any place to which the public is permitted or invited
wherein coin-operated or slug operated or electronically, electrically, or mechanically controlled
still or motion picture machines, projectors, or other image-producing devices are maintained
to show images to five (5) or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by the depicting or describing of "specified
sexual activities" or "specified anatomical areas".
(2) ADULT BOOKSTORE means a commercial establishment which as one of its
principal business purposes offers for sale or rental for any form of consideration any one or
more of the following:
(a) books, magazines, periodicals or other printed matter which depict or
describe "specified sexual activities" or "specified anatomical areas"; or
(b) instruments, devices, or paraphernalia which are designed for use in
connection with "specified sexual activities".
(3) ADULT VIDEO STORE means a commercial establishment which as one of its
principal business purposes offers for sale or rental for any form of consideration any one or
more of the following:
(a) photographs, films, motion pictures, video cassettes or video
reproductions, slides, or other visual representations which depict or
describe "specified sexual activities" or "specified anatomical areas", and
are either unrated or rated "X" by the Motion Picture Association of America
(4) ADULT CABARET means a nightclub, bar, restaurant, or similar commercial
establishment which regularly features:
(a) persons who appear in a state of nudity; or
(b) live performances which are characterized by the exposure of "specified
anatomical areas" or by "specified sexual activities"; or
(c) films, motion pictures, video cassettes, slides, or other photographic
reproductions which are characterized by the depiction or description of
"specified sexual activities" or "specified anatomical areas".
(5) ADULT MOTEL means a hotel, motel or similar commercial establishment which:
(a) offers a sleeping room for rent for a period of time that is less than ten (10)
hours; or
(b) offers a tenant or occupant of a sleeping room to subrent the room for a
period of time that is less than ten (10) hours.
(6) ADULT MOTION PICTURE THEATER means a commercial establishment where,
for any form of consideration, films, motion pictures, video cassettes, slides, or similar
photographic reproductions are regularly shown which are characterized by the depiction of
description of "specified sexual activities" or "specified anatomical areas".
(7) ADULT THEATER means a theater, concert hall, auditorium,or similar commercial
establishment which regularly features persons who appear in a state of nudity or live
performances which are characterized by the exposure of "specified anatomical areas" or by
"specified sexual activities".
(8) BOARD OF ADJUSTMENT shall mean the Board of Adjustment of the City of
Wylie, Texas, which Board shall act as the appeals board for all purposes of this ordinance.
The Board shall hear all appeals from denial, suspension or revocation of a license hereunder.
-u.. All appeals shall be heard by a minimum number of four (4) members, and the concurring vote
of a majority of the members shall be necessary to affirm, modify or reverse any decision.
(9) CHIEF OF POLICE means the chief of police of the City of Wylie or his designated
agent.
(10) ESCORT means a person who, for consideration, agrees or offers to act as a
companion, guide, or date for another person, or who agrees or offers to privately model
lingerie or to privately perform a striptease for another person.
(11) ESCORT AGENCY means a person or business association who furnishes, offers
to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee,
tip, or other consideration.
(12) ESTABLISHMENT means and includes any of the following:
(a) the opening or commencement of any sexually oriented business as a new
business:
(b) the conversion of an existing business, whether or not a sexually oriented
business, to any sexually oriented business;
(c) the addition of any sexually oriented business to any other existing sexually
oriented business; or
(d) the relocation of any sexually oriented business
(13) LICENSEE means a person in whose name a license to operate a sexually
oriented business has been issued, as well as the individual listed as an applicant on the
application for a license.
(14) NUDE MODEL STUDIO means any place where a person who appears in a state
of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn,
painted, sculptured, photographed, or similarly depicted by other persons who pay money or
any form of consideration.
(15) NUDITY or a STATE OF NUDITY means:
(a) the appearance of a human bare buttock, anus, male genitals, female
genitals, or female breast, or
(b) a state of dress which fails to opaquely cover a human buttock, anus, male
genitals, female genitals, or areola of the female breast.
(16) OPERATES OR CAUSES TO BE OPERATED means to cause to function or to put
or keep in operation. A person may be found to be operating or causing to be operated a
sexually oriented business whether or not that person is an owner, part owner, or licensee of
the business.
(17) RESIDENTIAL DISTRICT means a single family, duplex,townhouse, multiple family
or mobile home zoning district as defined in the Comprehensive Zoning Ordinance of the City
of Wylie, as amended.
(18) PERSON means an individual, proprietorship, partnership, corporation, association,
or other legal entity.
(19) RESIDENTIAL USE means a single family, double family, multiple family, single
family attached, mobile home park, or mobile home subdivision as defined in Chapter 12 of the
City Code, the Comprehensive Zoning Ordinance of the City of Wylie.
(20) SEMI-NUDE means a state of dress in which clothing covers no more than the
genitals, pubic region, and areolae of the female breast, as well as portions of the body covered
by supporting straps or devices.
(21) SEXUAL ENCOUNTER CENTER means a business or commercial enterprise that,
as one of its primary business purposes, offers for any form of consideration:
(a) physical contact in the form of wrestling or tumbling between persons of
the opposite sex; or
(b) activities between male and female persons and/or persons of the same sex
when one or more the persons is in a state of nudity or semi-nudity, including "tub clubs" or
"exotic tan centers".
(22) SEXUALLY ORIENTED BUSINESS means an adult arcade,adult bookstore or adult
video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency,
nude model studio, or sexual encounter center.
(23) SPECIFIED ANATOMICAL AREAS means human genitals in a state of sexual
arousal.
(24) SPECIFIED SEXUAL ACTIVITIES means and includes any of the following:
(a) the fondling or other erotic touching of human genitals, pubic regions,
buttocks, anus, or female breasts;
(b) sex acts, normal or pervert, actual or simulated, including intercourse, oral
copulation, or sodomy;
(c) masturbation, actual or simulated; or
(d) excretory functions as part of or in connection with any of the activities set
for in (a) through (c) above.
(25) SUBSTANTIAL ENLARGEMENT of a sexually oriented business means the
increase in floor area occupied by the business by more than twenty-five (25) percent, as the
floor area exists as of the date of adoption of this ordinance.
(26) TRANSFER OF OWNERSHIP OR CONTROL of a sexually oriented business means
and includes any of the following:
(a) the sale, lease, or sublease of the business;
(b) the transfer of securities which constitute a controlling interest in the
business, whether by sale, exchange, or similar means; or
(c) the establishment of a trust, gift, or other similar legal device which
transfers the ownership or control of the business, except for the transfer
by bequest or other operation of law upon the death of the person
possessing the ownership or control.
SEC. 13-3. CLASSIFICATION.
Sexually oriented businesses are classified as follows:
(a) adult arcades;
(b) adult bookstores or adult video stores;
(c) adult cabarets;
(d) adult motels;
(e) adult motion picture theaters;
(f) adult theaters;
(g) escort agencies;
(h) nude model studios; and
(i) sexual encounter centers
SEC. 13-4. LICENSE REQUIRED.
(a) A person commits an offense if he operates a sexually oriented business without
a valid license, issued by the City for the particular type of business.
(b) An application for a license must be made on a form provided by the chief of
police. The application must be accompanied by a sketch or diagram showing the
configuration of the premises to scale, including a statement of the total floor space occupied
by the business. The sketch or diagram need not be professionally prepared but must be
drawn to a designated scale or drawn with marked dimensions of the interior of the premises
to an accuracy of plus or minus six inches. Applicants who must comply with Section 13-19
of this Chapter shall submit a diagram meeting the requirements of Section 13-19.
(c) The applicant must be qualified according to the provision of this Chapter.
(d) If a person who wishes to operate a sexually oriented business is an individual,
he must sign the application for a license as applicant. If a person who wishes to operate a
sexually oriented business is other than an individual, each individual who has a twenty (20)
percent or greater interest in the business must sign the application for license as applicant.
Each applicant must be qualified under Section 13-5 and each applicant shall be considered
a licensee if a license is granted.
(e) The fact that a person possesses a valid license for any other type of business
does not exempt him from the requirement of obtaining a sexually oriented business license.
SEC. 13-5. ISSUANCE OF LICENSE.
(a) The chief of police shall approve and issue any license required hereunder to an
applicant within forty-five (45) days after receipt of an application unless the chief of police finds
one (1) or more of the following to be true:
(1) An applicant is under eighteen (18) years of age.
(2) An applicant or an applicant's spouse owes delinquent taxes, delinquent
paving assessments or any other delinquent debts or obligations to the City
unless an arrangement satisfactory to the City Manager has been made for
the payment of such debt or obligation.
(3) An applicant has failed to provide information reasonably necessary for
issuance of the license or has falsely answered a question or request for
information on the application form.
(4) An applicant or an applicant's spouse has been convicted of a violation of
a provision of this Chapter, other than the offense of operating a sexually
oriented business without a license, within two (2) years immediately
preceding the application. The fact that a conviction is being appealed
shall have no effect.
(5) The license fee required by this Chapter has not been paid.
(6) An applicant has been employed in a sexually oriented business in a
managerial capacity within the preceding twelve (12) months and has
demonstrated an inability to operate or manage a sexually oriented
business premises in a peaceful and law-abiding manner, thus
necessitating action by law enforcement officers.
(7) An applicant or the proposed establishment is in violation of or is not in
compliance with Section 13-7, 13-12, 13-15, 13-16, 13-17, 13-18, 13-19 or
13-20 of this ordinance.
(8) An applicant or an applicant's spouse has been convicted of a crime:
(A) involving:
(1) any of the following offenses as described in Chapter 43 of
the Texas Penal Code:
(aa) prostitution;
(bb) promotion of prostitution;
(cc) aggravated promotion of prostitution;
(dd) compelling prostitution;
(ee) obscenity;
(ff) sale, distribution, or display of harmful material to a
minor
(gg) sexual performance by a child
(hh) possession of child pornography;
-(2) any of the following offenses as described in Chapter 21 of
the Texas Penal Code:
(aa) public lewdness;
(bb) indecent exposure
(cc) indecency with a child;
(3) sexual assault or aggravated sexual assault as described in
Chapter 22 of the Texas Penal Code;
(4) incest, solicitation of a child, or harboring a runaway child as
described in Chapter 25 of the Texas Penal Code;
(5) criminal attempt, conspiracy, or solicitation to commit any of
the foregoing offenses;
(B) for which:
(1) less than two (2) years have elapsed since the date of
conviction or the date of release from confinement imposed
for the conviction, whichever is the later date, if the conviction
is of a misdemeanor offense;
(2) less than five (5) years have elapsed since the date of
conviction or the date of release from confinement for the
conviction, whichever is the later date, if the conviction is of
a felony offense; or
(3) less than five (5) years have elapsed since the date of the last
conviction or the date of release from confinement for the last
conviction, whichever is the later date, if the convictions are
of two (2) or more misdemeanor offenses or combination of
misdemeanor offenses occurring within any twenty-four (24)
month period.
(9) An applicant is residing with a person who has been denied a license by
the City of Wylie to operate a sexually oriented business within the
preceding 12 months or residing with a person whose license to operate
a sexually oriented business has been revoked within the preceding 12
months
(b) The fact that a conviction is being appealed shall have no effect on the
disqualification of the applicant or applicant's spouse.
(c) An applicant who has been convicted or whose spouse has been convicted of an
offense listed in Subsection (a)(8) may qualify for a sexually oriented business license only
when the time period required by Section 13-5(a)(8)(B) has elapsed.
(d) The license, if granted, shall state on its fact the name of the person or persons
to whom it is granted, the expiration date, and the address of the sexually oriented business.
The license shall be posted in a conspicuous place at or near the entrance to the sexually
oriented business so that it may be easily read at any time.
SEC. 13-6. FEES.
(a) The annual fee for a sexually oriented business license is FIVE HUNDRED AND
NO/100 DOLLARS ($500.00).
SEC. 13-7. INSPECTION.
(a) An applicant or licensee shall permit representatives of the police department,
health department, fire department, and building inspection department of the City of Wylie to
inspect the premises of a sexually oriented business for the purpose of insuring compliance with
the law, at any time it is occupied or open for business.
(b) A person who operates a sexually oriented business or his agent or employee
commits an offense if he refuses to permit a lawful inspection of the premises by a
representative of the City as outlined in paragraph (a) above, at any time it is occupied or open
for business.
(c) The provisions of this Section do not apply to areas of an adult motel which are
currently being rented by a customer for use as a permanent or temporary habitation.
SEC. 13-8. EXPIRATION OF LICENSE.
Each license shall expire one (1) year from the date of issuance and may be renewed
only by making application as provided in Section 13-4. Application for renewal should be
made at least thirty (30) days before the expiration date, and when made less than thirty (30)
days before the expiration date, the expiration of the license will not be affected.
SEC. 13-9. SUSPENSION.
The chief of police may suspend a license for a period not to exceed thirty (30) days if
he determines that a licensee or an employee of a licensee has:
(1) violated or is not in compliance with Section 13-7, 13-12, 13-13, 13-15, 13-16, 13-
.- 17, 13-18, or 13-20 of this Chapter;
(2) engaged in excessive use of alcoholic beverages while on the sexually oriented
business premises;
(3) refused to allow an inspection of the sexually oriented business premises as
authorized by this Chapter;
(4) knowingly permitted gambling by any person on the sexually oriented business
premises;
(5) demonstrated inability to operate or manage a sexually oriented business in a
peaceful and law-abiding manner thus necessitating action by law enforcement officers.
SEC. 13-10. REVOCATION
(a) The chief of police shall revoke a license if a cause of suspension in Section 13-9
occurs and the license has been suspended within the preceding twelve (12) months.
(b) The chief of police shall revoke a license if he determines that:
(1) a licensee gave false or misleading information in the material submitted
to the chief of police during the application process;]
(2) a licensee or an employee has knowingly allowed possession, use, or sale
of a controlled substance on the premises;
(3) a licensee or an employee has knowingly allowed prostitution on the
premises;
(4) a licensee or an employee knowingly operated the sexually oriented
business during a period of time when the licensee's license was
suspended;
(5) a licensee has been convicted of an offense listed in Section 13-5(a) (8)(A)
for which the time period required in Section 13-5(a)(8)(B) has not elapsed;
(6) on two (2) or more occasions within a twelve (12) month period, a person
or persons committed an offense occurring in or on the licensed premises
of a crime listed in Section 13-5(a)(8)(A), for which a conviction has been
obtained, and the person or persons were employees of the sexually
oriented business at the time the offenses were committed;
(7) a licensee or an employee has knowingly allowed any act of sexual
intercourse, sodomy, oral copulation, masturbation, or sexual contact to
occur in or on the licensed premises. The term "sexual contact" shall have
the same meaning as it is defined in Section 21.01, Texas Penal Code; or
(8) a license is delinquent in payment to the City for hotel occupancy taxes, ad
valorem taxes, or sales taxes related to the sexually oriented business.
(c) The fact that a conviction is being appealed shall have no effect on the revocation
of the license.
(d) Subsection (b)(7) does not apply to adult motels as a ground for revoking the
license unless the licensee or employee knowingly allowed the act of sexual intercourse,
sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within
public view.
(e) When the chief of police revokes a license, the revocation shall continue for one
(1) year and the licensee shall not be issued a sexually oriented business license for one (1)
year from the date revocation became effective. If, subsequent to revocation, the chief of police
finds that the basis for the revocation has been corrected or abated, the applicant may be
granted a license if at least ninety (90) days have elapsed since the date the revocation became
effective. If the license was removed under Subsection (b)(5), an applicant may not be granted
another license until the appropriate number of years required under Section 13-5(a)(8)(B) has
elapsed.
SEC.13-11. APPEAL.
If the chief of police denies the issuance of a license, or suspends or revokes a license,
the chief of police shall send to the applicant, or licensee, by certified mail, return receipt
requested, written notice of the action and the right to an appeal. In the case of a suspension
or revocation of an existing license, written notice shall also be posted upon the business
premises. Upon receipt of a written notice of a denial, suspension, or revocation, the licensee
whose application for a license has been denied or whose license has been suspended or
revoked shall have the right to appeal to the Board of Adjustments of the City of Wylie. The
appeal shall be filed with the City Secretary and when filed shall have the effect of staying the
action of the chief of police in suspending, denying or revoking a license until the Board of
Adjustments makes a final decision. The decision of the Board of Adjustments shall be final
and any appeal therefrom shall be made directly to the state district court. An appeal to the
state district court must be filed within (30) days after the receipt of notice of the Board of
Adjustments. The licensee shall bear the burden of proof in court.
SEC.13-12. TRANSFER OF LICENSE.
A licensee shall not transfer his license to another, nor shall a licensee operate a sexually
oriented business under authority of a license at any place other than the address designated
in the application.
SEC.13-13. LOCATION OF SEXUALLY ORIENTED BUSINESSES.
(a) A person commits an offense if he operates or causes to be operated a sexually
oriented business within one thousand (1,000) feet of:
(1) a church;
(2) a public or private elementary or secondary school, or a school zone in
which the speed of traffic is regulated by posted signs during certain
school hours;
(3) a boundary of a residential or historical district as defined in this chapter;
(4) a public park; or
(5) the property line of a lot devoted to residential use as defined in this
chapter.
(b) A person commits an offense if he causes or permits the operation establishment,
substantial enlargement, or transfer of ownership or control of a sexually oriented business
within one thousand (1,000) feet of another sexually oriented business.
(c) A person commits an offense if he causes or permits the operation, establishment,
or maintenance of more than (1) sexually oriented business in the same building, structure, or
portion thereof, or the increase of floor area of any sexually oriented business in any building,
structure, or portion thereof containing another sexually oriented business.
(d) For the purposes of Subsection (a), measurement shall be made in a straight line,
without regard to intervening structures or objects, from the nearest portion of the building or
structure used as a part of the premises where a sexually oriented business is conducted, to
the nearest property line of the premises of a church or public or private elementary or
secondary school, or to the nearest boundary of an affected public park, residential district, or
residential lot.
(e) For the purposes of Subsection (b) of this Section, the distance between any (2)
sexually oriented businesses shall be measured in a straight line, without regard to intervening
structures or objects, from the closest exterior wall of the structure in which each business is
located.
(f) Any sexually oriented business lawfully operating on the effective date of this
ordinance that is in violation of Subsections (a), (b), or (c) of this Section shall be deemed a
nonconforming use. The nonconforming use will be permitted to continue for a period not to
exceed one (1) year, unless sooner terminated for any reason or voluntarily discontinued for a
period of thirty (30) days or more. Such nonconforming uses shall not be increased, enlarged,
extended or altered except that the use may be changed to a conforming use. If two (2) or
more sexually oriented businesses are within one thousand (1,000) feet of one another and
otherwise in a permissible location the sexually oriented business which was first established
and continually operating at a particular location is the conforming use and the later-established
business(es) is nonconforming.
(g) A sexually oriented business lawfully operating as a conforming use is not
rendered a nonconforming use by the location, subsequent to the grant or renewal of the
sexually oriented business license, of a church, public or private elementary or secondary
school, public park, residential district, or residential lot within one thousand (1,000) feet of the
sexually oriented business. This provision applies only to the renewal of a valid license, and
does not apply when an application for a license is submitted after a license has expired or has
been revoked.
SEC.13-14. APPEAL FROM LOCATION RESTRICTIONS.
(a) If the chief of police denies the issuance of a license to an applicant because the
location of the sexually oriented business establishment is in violation of Section 22-13 of this
Ordinance, then the applicant may, not later than ten (10) calendar days after receiving notice
of the denial, file with the chief of police a written request for an exemption from the locational
restrictions of section 13-13.
(b) If the written request is filed with the chief of police within the ten (10) day limit,
the Board of Adjustment selected in accordance with Section 13-11 of this Ordinance, shall
consider the request. the chief of police shall set a date for the hearing of said appeal within
sixty (60) days from the date the written request is received.
(c) A hearing by the Board of Adjustment may only proceed if attest four (4) of the
five (5) board members are present. The board shall hear and consider evidence offered by
any interested person. the formal rules of evidence do not apply.
(d) the Board of Adjustments may, in its discretion, grant an exemption from the
locational restrictions of Section 13-13 if it makes the following findings:
(1) That the location of the proposed sexually oriented business will not have
a detrimental effect on nearby properties or be contrary to the public safety
or welfare;
(2) That the granting of the exemption will not violate the spirit and intent of
this Chapter of the City Code;
(3) That the location of the proposed sexually oriented business will not
downgrade the property values or quality of life in the adjacent areas or
encourage the development of urban blight;
(4) That the location of an additional sexually oriented business in the area will
not be contrary to any program of neighborhood conservation nor will it
interfere with any efforts of urban renewal or restoration; and
(5) That all other applicable provisions of this Chapter will be observed.
(e) The Board of Adjustment shall grant or deny the exemption by a majority vote of
those members present. Failure to reach a majority vote shall result in denial of the exemption.
Disputes of fact shall be decided on the basis of a preponderance of the evidence. The
decision of the Board of Adjustment shall be final.
(f) If the Board of Adjustment grants the exemption, the exemption is valid for one
(1) year from the date of the Board of Adjustment's action. Upon the expiration of an
exemption, the sexually oriented business is in violation of the locational restrictions of Section
13-13 until the applicant applies for and receives another exemption.
(g) If the Board of Adjustment denies the exemption, the applicant may not reapply
for an exemption until at least twelve (12) months have elapsed since the date of the Board of
Adjustment's action.
(h) The grant of an exemption does not exempt the applicant from any other
provisions of the Chapter other than the locational restrictions of Section 13-13.
SEC. 13-13. ADDITIONAL REGULATIONS FOR ESCORT AGENCIES.
(a) An escort agency shall not employ any person under the age of eighteen (18)
years.
(b) A person commits an offense if he acts as an escort or agrees to act as an escort
for any person under the age of eighteen (18) years.
SEC. 13-16. ADDITIONAL REGULATIONS FOR NUDE MODEL STUDIOS.
(a) A nude model studio shall not employ any person under the age of eighteen (18)
years.
(b) A person under the age of eighteen (18) years commits an offense if he appears
in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution
under this subsection if the person under eighteen (18) years was in a restroom not open to
public view or persons of the opposite sex.
(c) A person commits an offense if he appears in a state of nudity or knowingly allows
another to appears in a state of nudity or knowingly allows another to appear in a state of
nudity in an area of a nude model studio premises which can be viewed from the public right-of-
way.
(d) A nude model studio shall not place or permit a bed, sofa, or mattress in any room
on the premises, except that a sofa may be placed in a reception room open to the public.
SEC. 13-17. ADDITIONAL REGULATIONS FOR ADULT THEATERS AND ADULT
MOTION PICTURE THEATERS.
(a) The requirements and provisions of this Ordinance remain applicable to adult
theaters and adult motion picture theater.
(b) A person commits an offense if he allows a person under the age of eighteen (18)
years in or on the premises of an adult theater or adult motion picture theater.
(c) A person under the age of eighteen (18) years commits an offense if he knowingly
appears in a state of nudity in or on the premises of an adult theater or adult motion picture
theater.
SEC. 13-18. ADDITIONAL REGULATIONS FOR ADULT MOTELS.
(a) Evidence that a sleeping room in a hotel, motel, or similar commercial
establishment has been rented and vacated two (2) or more times in a period of time that is less
than ten (10) hours creates a rebuttable presumption that the establishment is an adult motel
as that term is defined in this chapter.
(b) A person commits an offense if, as the person in control of a sleeping room in a
hotel, motel, or similar commercial establishment that does not have a sexually oriented
business license, he rents or subrents a sleeping room to a person and, within ten (10) hours
from the time the room is rented, he rents or subrents the same sleeping room again.
(c) For purposes of Subsection (b) of this Section, the terms"rent"or"subrent" means
the act of permitting a room to be occupied for any form of consideration.
SEC. 13-19. REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY EXPLICIT FILMS OR
VIDEOS.
(a) A person who operates or causes to be operated a sexually oriented business,
other than an adult motel, which exhibits on the premises in a viewing room of less than one
hundred fifty (150) square feet of floor space, a film, video cassette, or other video reproduction
which depicts specified sexual activities or specified anatomical areas, shall comply with the
following requirements:
(1) Upon application for a sexually oriented business license, the application
shall be accompanied by a diagram of the premises showing a plan thereof
specifying the location of one (1) or more manager's stations and the
location of all overhead lighting fixtures and designating any portion of the
premises in which patrons will not be permitted. A manager's station may
not exceed thirty-two (32) square feet of floor area. the diagram shall also
designate the place at which the permit will be conspicuously posted, if
granted. A professionally prepared diagram in the nature of an engineer's
or architect's blueprint shall not be required; however, each diagram
should be oriented to the north or to some designated street or object and
should be drawn to a designated scale or with marked dimensions
sufficient to show the various internal dimensions of all areas of the interior
of the premises to an accuracy of plus or minus six (6) inches. The chief
of police may waive the foregoing diagram for renewal applications if the
applicant adopts a diagram that was previously submitted and certifies that
the configuration of the premises has not been altered since it was
prepared.
(2) The application shall be sworn to be true and correct by the applicant.
(3) No alteration in the configuration or location of a manager's station may be
made without the prior approval of the chief of police or his designee.
(4) It is the duty of the owners and operator of the premises to ensure that at
least one (1) employee is on duty and situated in each manager's station
at all times that any patron is present inside the premises.
(5) The interior of the premises shall be configured in such a manner that there
is an unobstructed view from a manager's station of every area of the
premises to which any patron is permitted access for any purpose
excluding restrooms. Restrooms may not contain video reproduction
equipment. If the premises has two (2) or more manager's stations
designated, then the interior of the premises shall be configured in such a
manner that there is an unobstructed view of each area of the premises to
which any patron is permitted access for any purpose from at least one (1)
of the manager's stations. The view required in this subsection must be by
direct line of sight from the manager's station.
(6) It shall be the duty of the owners and operator, and it shall also be the duty
of any agents and employees present in the premises to ensure that the
view area specified in Subsection (5) remains unobstructed by any doors,
walls, merchandise, display racks or other materials at all times that any
patron is present in the premises and to ensure that no patron is permitted
access to any are of the premises which has been designated as an area
in which patrons will not be permitted in the application filed pursuant to
Subsection (1) of this Section.
(7) The premises shall be equipped with overhead lighting fixtures of sufficient
intensity to illuminate every place to which patrons are permitted access at
an illumination of not less than one (1.0) footcandle as measured at the
floor level.
(8) It shall be the duty of the owners and operator and it shall also be the duty
of any agents and employees present in the premises to ensure that the
illumination described above is maintained at all times that any patron is
present in the premises.
(b) A person having a duty under Subsections (1)through (8) of Subsection (a) above
commits an offense if he knowingly fails to fulfill that duty.
SEC. 13-20. ENFORCEMENT.
(a) Except as provided by Subsection (b), any person violating Section 13-13 of this
chapter, upon conviction, is punishable by a fine not to exceed TWO THOUSAND AND NO/100
DOLLARS ($2,000.00).
(b) If the sexually oriented business involved is a nude model studio or sexual
encounter center, then violation of 13-13 of this chapter is punishable as a Class A
misdemeanor.
(c) Except as provided by Subsection (b), any person violating a provision of this
chapter other than Section 13-13, upon conviction, is punishable by a fine not to exceed FIVE
HUNDRED AND NO/100 DOLLARS ($500.00).
(d) It is a defense to prosecution under Section 13-4(a), 13-13, or 13-16(d) that a
person appearing in a state of nudity did so in a modeling class operated:
(1) by a proprietary school licensed by the State of Texas; a college, junior
college, or university supported entirely or partly by taxation;
(2) by a private college or university which maintains and operates educational
programs in which credits are transferrable to a college, junior college, or
university supported entirely or partly by taxation; or
(3) in a structure:
(A) which has no sign visible from the exterior of the structure and no
other advertising that indicates a nude person is available for
viewing; and
(B) where in order to participate in a class a student must enroll at least
three (3) days in advance of the class; and
(C) where no more than one (1) nude model in on the premises at any
one time.
(e) It is a defense to prosecution under Section 3-4(a) or Section 13-13 that each item
of descriptive, printed, film, or video material offered for sale or rental, taken as a whole,
contains serious literary, artistic, political, or scientific value.
(f) A violation of this chapter shall be deemed committed each day during on or
which a violation occurs or continues.
SEC. 13-21. INJUNCTION.
A person who operates or causes to be operated a sexually oriented business without
a valid license or in violation of Section 13-13 of this chapter is subject to a suit for injunction
as well as prosecution for criminal violations.
SECTION 2. Should any paragraph, sentence, sub-division, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall
not affect the validity of this ordinance as a whole or any part or provision thereof, other than
the part or parts as declared to be invalid, illegal, or unconstitutional.
SECTION 3. 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 4. That all other ordinances and code provisions in conflict herewith are
hereby repealed to the extent of any such conflict or inconsistency and all other provisions of
the Wylie City Code not in conflict herewith shall remain in full force and effect.
SECTION 5. The repeal of any ordinance, of parts thereof, by the enactment of this
Ordinance, shall not be construed as abandoning any action now pending under or by virtue
of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering
any penalty accruing or to accrue, nor as affecting 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 the 23rd
day of February, 1993.
John W. Akin, Mayor
Mary A. Nichols, City Secretary
Steven P. Deiter, City Attorney