Loading...
02-23-1992 (City Council) Agenda Packet WYLIE CITY COUNCIL FEBRUARY 23, 1993 7:00 P.M. MUNICIPAL COMPLEX 6121/k L e rptiti,24, 07 at/i 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) A-11 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 A-13 (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) A-23 § 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