02-14-1995 (City Council) Agenda Packet $ m4
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AGENDA
WYLIE CITY COUNCIL
Wylie Municipal Complex
February 14, 1995
7:00 p.m.
CALL TO ORDER
INVOCATION - Reverend Fred Hall
PLEDGE OF ALLEGIANCE
CONSENT AGENDA
1. Consider Approval of the Minutes of January 10, 1995 it/gc.,
2. Consider Approval of a Resolution Calling the 1995 Municipal Officers Election
3. Consider Approval of a Resolution Designating the Week of February 27th as
Public Schools Week
ok 4. Consider Approval of a Resolution Confirming the Appointment of Judges for
,,i' the February 18th Bond Election
5. Consider Approval of a Resolution Requesting Collin County to Provide an
Early Voting Polling Location in the City of Wylie
ACTION ITEMS
ofc„, 6. Presentation and Consider Acceptance of Comprehensive Annual Financial
Report for 1993-1994
7 7. Appointment with Tom Jernigan Related to Sewer Systems on FM-544 and
Take Any Necessary Action
„'�fi , 8. Discuss and Consider Approval of an Ordinance Amending the Wylie Code of
aP Ordinances as it Pertains to Juvenile Curfews
9. Discuss and Consider Approval of an Ordinance Amending the Wylie Code of
Ordinances as it Pertains to Smoke Detector Requirements
CL' HI `
10. Discuss and Consider Approval of a Resolution Authorizing Participation in the
NTCOG Electrical Examination Program
STAFF REPORTS
CITIZEN PARTICIPATION
EXECUTIVE SESSION
11. Hold Executive Session Under 551.074 Government Code - Personnel Matters
to Discuss:
(a) Appointment to Planning and Zoning Commission (one member)
(b) Appointments to Parks and Recreation Board (two members)
12. Hold Executive Session Under 551.072 Government Code - Real Property to
Discuss
(a) Land Acquisition for Park Improvements
13. Take Any Necessary Action as a Result of the Executive Session.
WORKSESSION
Hold Worksession to Discuss Upcoming Agenda Items
ADJOURNMENT
/127
Po ado 10/95at5:00p.m.
WYLIE CITY
COIJPICIL
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ISSUE
The proposed resolution will call the election, designate polling locations, and establish voting
procedures.
BACKGROUND
The offices currently held by Councilmen Jennings, Mondy and Messenger are subject to re-election.
The resolution proposed will call the election with a May 27 runoff date. The resolution does not appoint
election judges. We will do that at a later date.
LEGAL CONSIDERATIONS
The resolution, if approved Tuesday, will meet Statutory and Charter requirements for ordering
municipal election.
STAFF RECOMMENDATION
Staff recommends approval of the resolution.
ATTACHMENTS
(1) Resolution (2) Copy of Election Calendar
/ a. 1 �LAESa
Submitt d :e� App By
TEXAS MUNICIPAL CLERKS CERTIFICATION PROGRAM
Preliminary Election Calendar
for a city's general election held on May 6, 1995
This Calendar shows the dates for the various actions connected with a general
election of city officers held on May 6, 1995 (the first Saturday in May). It includes all
major actions for which the Election Code prescribes a specific date or deadline for
performance but it does not include all actions (e.g., preparation of ballot boxes and other
election equipment and of sets of precinct election forms) where the beginning date for
performance can vary widely from one city to another, depending on local factors such as the
size of the city and the number of election precincts, the type of voting equipment in use, the
size of the secretary's staff, and so on. Each secretary should use the chart in Section 9-02
of the manual in conjunction with this Calendar to fill in those dates on his own personal
calendar (see Section 9-03) in accordance with local conditions. If this Calendar
recommends a discretionary date but the secretary prefers a different date, he should draw a
line through the recommended date and enter the chosen date on his calendar.
Column 5 is included in the Calendar as an aid in making up a calendar for a general
election held on a uniform date other than the first Saturday in May (see Section 12-03 of the
manual). The column shows the time interval between the date of the action and election
day. For example, the notation "75th" in the entry for February 20 means that the first day
for filing an application for a place on the ballot is the 75th day before election day; the
notation "60th" in the entry for July 5 means that the normal preservation period for precinct
election records expires on the 60th day after election day. (See Section 18-10 of the manual
for an explanation of the timing for the first entry in the Calendar.)
In making up his calendar, the secretary should keep in mind the rule in E.C.Sec.
1.006 that if the last day for performance of an action falls on a Saturday, Sunday, or state
or national holiday, the deadline date usually is extended to the next regular business day
(see M.Sec. 2-16).
Major steps are in BOLD PRINT. Steps for early voting are in ITALICS.
By or With Sec. Ref. Col-
Date Action Whom Taken in Manual umn 5
Jan. Deadline for compliance with Americans Council
2 with Disabilities Act
2 If not already done, secretary should Secretary 7-11 124th
obtain or replenish, if necessary, a supply et seq.
of the following forms: candidate's appli- 18-10
cation for place on ballot; appointment of
campaign treasurer (candidate and
specific-purpose committee); report of
contributions and expenditures
(candidate-officeholder and specific-
purpose committee); application for mail
ballot. Also a set of administrative forms
if ordered from a supply house. (Set up
schedule for ordering precinct sets and
other forms if they are to be ordered
later.)
PRELIMINARY ELECTION CALENDAR FOR 1995-continued
By or With Sec. Ref. Col-
Date Action Whom Taken in Manual umn 5
(Continued)
Jan. Review recommended for following Secretary 9-02 124th
2-27 steps listed in Section 9-02 for pos- and 20-06 to
sible needed or desired action and Council 14-03 99th
submission for preclearance under
Voting Rights Act if necessary: Steps
1 through 5 (revising election pre-
cincts; designating polling places;
changing method of voting if equip-
ment is available but not adopted for
use or if acquisition of equipment by
city is desired); Step 12 (establish-
inp or changing terms of election
judges); also any other action already
taken by council for which preclear-
ance is required but not yet submitted.
[12]
15 Last day for timely filing of semi- Secretary 18-05
annual report of contributions and
expenditures. [7]
Jan.
19- Recommended period to submit Secretary 20-06 107th
Feb. requests for PRECLEARANCE. to 75th
20
Recommended period for ISSUING Mayor [1] 10-03 89th
Feb. ELECTION ORDER and POSTING 10-12 thru
6-17 NOTICE of ELECTION on bulletin 78th
board.
20 FIRST DAY FOR FILING Secretary 11-05 75th
APPLICATION for place on ballot. 11-07 [8]
20 Recommended beginning date for Secretary 4-08 75th
preliminary work on appointment of [8]
election judges.
20 First day a write-in candidate may file Secretary 11-01 75th
his declaration. (E.C. 146.055,
146.025)
Mar. Dist day to apply for mail ballot. Secretary 16-51 60th
7 Note 48 hour waiting period before a et seq.
voter's application is available to 17-01
public. Note the Federal postcard
exception.
2
PRELIMINARY CALENDAR FOR 1995-Continued
By or With Sec. Ref. Col-
Date Action Whom Taken in Manual umn 5
Mar. (Continued)
7 First day of the period TX. Ethics Secretary/ 18-01 60th
Commission will defer investigation TX. Ethics
until after election (or runoff) if an Commission
allegation is filed.
13-24 Recommended period for APPOINT- Council [1] 4-03 54th
ING ELECTION JUDGES [12]. 4-04 thru
(Schedule for first council meeting 4-05 43rd
after period if no meeting during 10-02
period.) Secretary sends notice of
appointment not later than 20th day
after appointment.
17 Beginning date of period for Secretary 2-15 50th
mandatory office hours.
19 Remove candidate's name from ballot Secretary 11-25 48th
if he dies on/before March 19 (cf. [10]
March 31).
20 Recommended last day to POST 72 Secretary 8-06 47th
IIOUR NOTICE OF DRAWING
before drawing for order of names
on ballot.
21 Recommended LAST DAY FOR City Council 3-06 46th
ORDER DESIGNATING ELEC- 3-08
TION PRECINCTS AND POLLING 10-12
PLACES. (Preclearance may be
needed.)
22 Firs/ day to mail early ballots, if Secretary 16-57 45th
available. Note 24 hour waiting 16-32
period before roster is available to
public.
22 LAST DAY FOR FILING APPLI- Secretary 11-05 45th
CATION FOR PLACE ON BAL- [6] 11-06
LOT (must he received by 5 p.m.).
22 Recommended LAST DAY TO Secretary 6-35 45th
REQUEST voter registrar to 7-42
prepare lists of registered voters and
3
PRELIMINARY CALENDAR FOR 1995-Continued
By or With Sec. Ref. Col-
Date Action Whom Taken in Manual umn 5
Mar. (continued)
22 furnish affidavit of residence forms to Secretary 6-35 45th
be used in conducting the election. 7-42
22 STATUTORY LAST DAY FOR Mayor [1] 10-03 45th
ORDERING ELECTION. [12] 10-01
22 Recommended deadline for early Secretary 16-72 45th
voting clerk to determine whether a
signature verification committee may
be needed.
27-28 Recommended period to CONDUCT Secretary 8-06 40th
DRAWING FOR ORDER OF thru
NAMES ON BALLOT and inform 39th
candidates of the Statement of
Elected Officials (M.Sec. 12-32).
Make up ballot format and send it to
the printer.
Mar. Last day for candidate to withdraw Secretary 8-05 36th
31 (withdrawal request must be received [6] 11-22
by 5 p.m.). E.C. 145.092(b). Last 112] 11-23
day that a declaration of ineligibility
causes omission of candidate's name
from ballot. E.C. 145.094. (Cf. Mar.
19)
31 Recommended last day to order Secretary 6-32 36th
updated list of registered voters to be
delivered ASAP after 30th day.
Apr.
3 RECOMMENDED DATE TO Secretary 8-06 33rd
PRINT BALLOTS which have been 6-32
prepared earlier. As soon as
printed ballots are received,
secretary designates the specimen
ballot(s).
6 LAST DAY FOR A REGULAR Secretary 11-01 30th
WRITE-IN CANDIDATE TO [6]
DECLARE CANDIDACY by 5 p.m.
for general election. [I]
4
PRELIMINARY CALENDAR FOR 1995-Continued
By or With Sec. Ref. Col-
Date Action Whom Taken in Manual umn 5
Apr. (Continued)
6 Due date for filing first report of Secretary 18-06 30th
campaign contributions and expendi-
tures by opposed candidates and
specific-purpose committees
supporting or opposing opposed
candidates by 5 p.m.
6 Last day for submitting voter Registrar 6-23 30th
registration application in time to vote 6-25
at the election or for requesting
transfer of registration in time to vote
in new precinct not in the same county
and territory.
6 RECOMMENDED LAST DAY TO Mayor 10-15 30th
NOTIFY PRESIDING JUDGES OF
DUTY TO IIOLI) ELECTION.
6 First day of period for inspecting and Secretary 7-38 30th
sealing voting machines to be used on
election day. Secretary posts notice at
least 48 hours before inspection.
6 Minimum 10th day to post continuous Secretary 16-72 30th
notice if signature verification
committee meets April 11.
6-26 PERIOD FOR PUBLISHING Mayor [1] 10-12 30th
NOTICE OF ELECTION. 3-06 thru 9th
20-04 [11]
10 Last day to declare by 5 p.m. Secretary 1 1-27 26th
replacement write-in candidacy for 161 if 131
office of a candidate who has a place applicable
on a ballot but who has died or has
been determined to be ineligible after
the 33rd day before election day. El]
12 Last day for posting notice of Secretary 16-22 24th
schedule for branch early voting
polling places.
12-27 Possible period for posting notice Secretary 16-22 24th
amending notice of branch early
polling places.
5
PRELIMINARY CALENDAR FOR 1995-Continued
By or With Sec. Ref. Col-
Date Action Whom Taken in Manual umn 5
Apr. (Continued)
12 Last day for inspecting and sealing Secretary 7-38 24th
voting machines to be used in early
voting. E.C. 135.031(a)
14 Last day to receive application in Secretary 16-51 22nd
person for a ballot to be voted by [9]
mail, by close of business.
E.C. 84.008
14 Recommended last day to request Secretary 9-45 22nd
waiver of partial manual recount of
electronically counted ballots.
17 LAST DAY for POSTING NOTICE Secretary 10-12 19th
OF ELECTION on bulletin board [1] [2][3]
for posting notices of city council
meetings.
17 First day a signature verification Secretary 16-22 19th
committee, if any, may begin [2]
operating.
17 First day for early voting by personal Secretary 16-21 19th
appearance. If voting will be [2]
conducted on a Saturday or Sunday,
notice of schedule must be posted at
least 72 hours before first hour of the
weekend voting.
21 STATUTORY DEADLINE FOR Mayor 10-15 15th
NOTIFYING JUDGES OF DUTY
TO HOLD TIDE ELECTION.
21 Last day to challenge write-in Secretary 11-01 15th
candidate for compliance.
26 LAST DAY FOR PUBLICATION Mayor [1] 10-12 10th
OF NOTICE OF ELECTION. [11]
L7 First day for new illness or disability Voter 17-02 9th
allowing late application for early
voting.
6
PRELIMINARY CALENDAR FOR 1995-Continued
By or With Sec. Ref. Col-
Date Action Whom Taken in Manual umn 5
Apr. (Continued)
28 Last day to receive application by Secretary 16-51 8th
mail fora ballot to be voted by mail, 16-55
by 12 noon or close of business. E.C.
84.007(c): E.C. 101.004(b), FPCA
28 Due date for tiling second report of Secretary 18-06 8th
campaign contributions and
expenditures by 5 p.m.
May
1 Last day for inspecting and sealing Secretary 7-38 5th
voting machines to be used on election
day. (Post notice 48 hours before
test.)
2 Last day of regular early voting by Secretary 16-21 4th
personal appearance.
2 As soon as early voting is over, and Secretary 16-74 4th thru
until 7:00 p.m. May 6, early voting close of
ballots may be delivered to the early polls
voting ballot board if notice
requirements have been followed.
2-5 Period to apply for late (emergency) Secretary 17-03 3rd thru
voting because of death in family I st
April 30 or later.
3-6 Period to apply for late (emergency) Secretary 17-02 3rd ff.
early voting because of disability
originating on or after April 27.
3-5 Prepare list of registered voters for Secretary 16-76 3rd thru
early voting ballot board if more than 1st
one early voting polling place.
3 Last day for conducting first test of Secretary 7-40 3rd
automatic tabulating equipment to be
used at a polling place (at least 48
hours before use on election day).
Notice must be published at least 48
hours before date of test.
7
PRELIMINARY CALENDAR FOR 1995-Continued
By or With Sec. Ref. Col-
Date Action Whom Taken in Manual umn 5
May (Continued)
4 Last day for first test of automatic Presiding 7-40 2nd
equipment to be used at central Judge
counting station. Notice must be
published at least 48 hours before date
of test.
5 Recommended date for delivery of Secretary 7-47 1st
precinct early voting lists and supplies 16-83
to presiding election judges.
5 Recommended date for delivery of Secretary 7-49 1st
equipment to polling places (statutory
deadline is 6 a.m. on election day).
5 NOTICE OF COUNCIL MEETING Secretary 9-42 1st
to canvass the returns must be
posted at least 72 hours before time
of meeting. (G.C. 55I.001 If.)
6 ELECTION DAl". Polls are open Secretary 17-04
7 a.m. to 7 p.m.
Voting by sick or disabled voters at
main early voting place where
electronic voting devices are used at
precinct polling place, 8 a.m. to 2
p.m.; where lever voting machines
are used, 7 a.m. to 7 p.m. [121
6 7 a.m. to 7 p.m. early voting clerk's Secretary 9-23
1 office shall remain open for early
voting activities.
6 2 p.m. deadline for late applications Secretary 17-02
for ballots from voters who became ill
or disabled April 27th or later.
6 Deliver early voting ballots, etc. to Secretary 16-73
early voting ballot board. Second key
to ballot box is delivered by chief of
police or marshal.
6 After regular mail delivery, check Secretary 9-23
mail box for early mail ballots. 16-58
8
PRELIMINARY CALENDAR FOR 1995-Continued
By or With Sec. Ref. Col-
Date Action Whom Taken in Manual umn 5
May (Continued)
6 Receive precinct records, voted Secretary 9-33
ballots, etc. (Chief of police or Mayor 9-34
marshal receives keys to ballot boxes
containing voted ballots.)
6 UNOFFICIAL TABULATION OF Secretary 9-35
RESULTS.
8 PROVIDE STATEMENT OF Secretary 12-32 2nd
ELECTED OFFICIALS to
candidates who appear to have won,
or may win.
8-12 PERIOD FOR OFFICIAL Council 9-42 2nd thru
CANVASS. Mayor sets exact day 6th
and hour. Secretary records results in Secretary 9-44
election register as soon as practicable
after canvass.
8-12 Report of early votes cast for each Secretary 16-87 2nd thru
candidate or measure by election 6th
precinct.
8-12 AFTER CANVASS, ISSUE Mayor 12-23 2nd thru
CERTIFICATE OF ELECTION. 6th
8-17 MAYOR ORDERS RUNOFF Mayor [1] 14-04 2nd thru
ELECTION, if necessary. not later 11 th
than 5th day after canvass. (Open
meeting). [13]
9 Partial manual count of electron- Secretary 9-45 3rd
ically counted ballots if waiver not
obtained from Secretary of State.
12 Mail results of manual count to Secretary 9-45 6th
Secretary of State not later than 3rd
day after completion, if no waiver.
12 Type A elected officials may qualify Candidate 12-34 6th
and assume duties of office. L.G.C. with
22.006. Secretary
12 Voting machines or voting devices can Secretary 9-48 6th
be released if the canvass is complete
9
PRELIMINARY CALENDAR FOR 1995-Continued
By or With Sec. Ref. Col-
Date Action Whom Taken in Manual umn 5
May (Continued)
12 and if E.C.126.031 and 127.181 are Secretary 9-48 6th
complied with and no request for
extended security.
16 Last day of normal security period for Secretary 9-48 10th
voting machines and voting devices.
Ballot labels are detached for further
preservation after expiration of
security period.
May
28 POSSIBLE PERIOD FOR RUNOFF Secretary/ 14-03 (20th thru
thru ELECTION, depending on date of Council 30th day
Jun official canvass, unless a charter states after
1 I otherwise. [131 canvass)
Jun LAST DAY OF MANDATORY Secretary 2-15 40th
15 OFFICE HOURS.
Jul LAST DAY OF NORMAL Secretary 9-50 60th
5 PRESERVATION PERIOD for
ballots and other precinct election
records.
6 CONTENTS OF BALLOT BOXES Secretary 9-50 61st
may be destroyed unless there is a
contest, criminal investigation, or
open records request (or city records
management order).
IS Last day for timely filing of Secretary 18-05
semiannual report of contributions and
expenditures.
10
Footnotes
[1] Follow home-rule city's charter provision, if any.
[2] In a Tuesday election, voting begins on 20th day before election day.
[3] Deadline extended to next regular business day because regular deadline falls on a
Saturday, Sunday, or holiday. E.C. 1.006.
[4] In a Tuesday election, the last day is normally the 7th day before election day.
[5] Deadline is moved to preceding business day.
[6] City Secretary's office should remain open until 5 p.m.
[7j January 15, 1995, is a Sunday. The next business day on which the report would
ordinarily be filed is Monday. Because January 16 is a state holiday, the report is
timely if filed January 17, 1995.
181 February 20, 1995, is Presidents' Day. If your city offices are closed, move date to
February 21, 1995.
[9] April 14, 1995, is Good Friday. If your office is closed, April 13 is the last day you
may receive a request in person for a mail ballot.
[10] This date does not change even though it falls on a weekend; it is not an official
action.
[1 1] E.C. Sec. 4.003(a)(1) provides that the last day for publishing notice is the 10th day
before an election.
[ i 2 j Schools may conduct mock student elections. The major steps taken for a general
election should be taken for a student election. The student election may be held on
the first day before the election. But results shall not be published until after the polls
close on election day.
[ 13] There are 3 exceptions allowing the date for a runoff to be extended to a time no later
than the 45th day after the official canvass. E.C. sec. 2.025 allows the extension to
accommodate a joint runoff, to avoid a holiday, or to avoid a long holiday weekend.
Remember to preclear any date different from the past.
NOTE ON CALENDAR FOR SPECIAL OR RUNOFF ELECTION -
To make up a calendar for a special election to fill a vacancy in office, see Section
13-02 of the manual; for a special election on a measure, see Section 15-03; for a runoff
election, see Section 14-02.
NOTE ON CONTEXT
When reading a section of the Election Code, do not forget to read the chapter and
subchapter titles for the context of the section you are reading.
11
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ISSUE
This resolution will designate the week of February 27 through March 3 as Wylie Public Schools Week.
BACKGROUND
Betty Stephens with Wylie I.S.D. has requested this resolution for Council approval. This is the same
resolution Council adopted last year. She is proposing to bring students from the various campuses to
accept the resolution. She will be. inviting members of Council and Staff to visit the campuses and have
lunch with the students during this week as well.
STAFF RECOMMENDATION
Staff recommends approval of the resolution.
ATTACHMENTS
(1) Copy of Resolution
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Subm' ted Egi Approved By
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ISSUE
This resolution will designate election judges that Council has already appointed as well as appoint an
alternate at the Methodist Church.
BACKGROUND
At your last meeting, Council appointed election judges for the bond election on February 18th.
However, we neglected to appoint an alternate judge as required by statute. Bart Peddicord has
recommended Curtis Ratcliff who has worked with him on several school district elections. We have
drafted the resolution to reflect the following judges:
Bart Peddicord, Presiding Judge Methodist Church
Curtis Ratcliff, Alternate Presiding Judge Methodist Church
Joel Scott, Presiding Judge Southfork
Nathan Sheppard, Alternate Judge Southfork
STAFF RECOMMENDATION
Staff recommends approval of the resolution.
ATTACHMENTS
(1) Copy of Resolution
Submi e .d Appro By
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ISSUE
Attached is a resolution making requesting Collin County Commissioners Court to provide al least two
one-day Early Voting Polling Places in Wylie for their upcoming Bond Election and future elections.
BACKGROUND
Collin County does not provide early voting within our city limits. In elections past, residents have been
required to drive toi Allen, Plano or McKinney if they want to vote early. With as many registered voters
as are in Wylie it is staffs opinion that four-hour or six-hour polling locations can be provided on at
least two separate dates to accommodate not only our voters but other voters in our area of the county.
The resolution proposed will request this specifically for this bond election as Wylie has a vested
interest in the issues on the ballot. However, we want them to consider providing this service for all
countywide elections since early voting is limited to mail for elderly and handicapped voters who are
unable to drive long distances.
LEGAL CONSIDERATIONS
There are no Statutory requirements for Collin County to provide this service. They are able to select
their early voting locations just as the City of Wylie has done for our own bond election.
STAFF RECOMMENDATION
Staff recommends approval of the resolution.
ATTACHMENTS
(1) Copy of Resolution
L/4 aiLe5
Submi ted Approved By
•
Presentation of the Annual Financial Report for the Fiscal Year 1993/94.
Background
The City's outside firm, Rutledge Crain & Company, PC, will be presenting the Comprehensive
Annual Financial Report (CAFR) for the Fiscal Year ended September 30, 1994 at the February
14, 1994 Council meeting.
The auditors will briefly discuss some of the financial highlights for the year and will answer any
questions the City Council might have in respect to the reports.
Financial Considerations
NONE
Legal Considerations
This report is being submitted to the City Council as a requirement under the City Charter,
Article VII, Section 13.
Board/Commission Recommendation
NONE
Staff Recommendation
The staff is recommending that the City Council acknowledge the receipt of the annual report
(CAFR).
Attachments
NONE
Prepared by Approved by
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ISSUE
Attached is a request from Mr. Jernigan to be on the City Council agenda for Tuesday. He has been
before Council in the past to request disannexation.
BACKGROUND
At your December Council meeting, Mr. Jernigan asked Council to provide sewer to his property. You
will also recall that he submitted a petition for disannexation. Council, at that time, did not vote to
disannex the property but instead instructed Greg MacLean, City Engineer, to develop a cost analysis
for providing sewer to the property and determine the amount of existing right of way.
LEGAL CONSIDERATIONS
Since Mr. Jernigan has not given us any indication regarding his request of Council Tuesday night,
we've included all of the information from your last packet as well as the minutes. As City Attorney
Richard Abernathy told Council last month, Statute requires us to make sewer available and provide a
service plan. It does not require the City to extend sewer directly to the property. Greg MacLean has
estimated a cost of $10,000 to $15,000 to bore under FM-544.
ATTACHMENTS
(1) Request to be on Agenda
(2) Minutes from December 13, 1994
(3) Agenda Communication from December 13th and Supporting materials
Subm. ted Approved By
REQUEST TO BE PLACE ON AGENDA
Date of next Council (agenda
, wish to speak to
the City Council for the reason listed below:
-_L._ C U 5 SJQ A) O A-) lr0 S S S c_LL)W 5 0'7ti-- - ---
'4102_ ()(01)C, /r e 5 U N I ' I 5 F 7 V.
Thank you,
Signatur
t' 13 1&i F71/1 _S 4 it
Street
City, State Zip Code
4I 4-- Bic 7
Phone Number
RESOLUTION NO. 94-36 CALLING FOR FEBRUARY 18, 1995 BOND ELECTION
Wright made a motion to approve a resolution calling for a February 18, 1995 bond
election on the following measures: $4 million for water ad wastewater improvements and
$3 million for street improvements. Adams seconded the motion. The motion was voted
on and passed unanimously.
A RESOLUTION ORDERING A BOND ELECTION TO BE HELD IN THE CITY OF WYLIE,
TEXAS, ON FEBRUARY 18, 1995; MAKING PROVISION FOR THE CONDUCT OF THE
ELECTION AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH
ELECTION
PRESENTATION BY KERRY CAROTHERS, REPRESENTING THE PARKS &
RECREATION BOARD AND RESOLUTION NO. 94-37 ADOPTING A PROJECT LIST
FOR SUBMISSION TO THE WYLIE PARKS AND RECREATION FACILITIES
DEVELOPMENT CORPORATION FOR FUNDING AUTHORIZATION
Kerry Carothers presented a project list to Council for presentation to the Parks and
Recreation Facilities Development Corporation for funding authorization. He noted that
the Park Board's priorities for 1995 included developing a master parks and recreation
plan and promoting the upgrade of existing parks and recreation facilities. Councilman
Bobby Jennings arrived during this segment of the meeting. Wright me a motion to
approve a resolution accepting the project list. Mondy seconded the motion. The motion
was voted on and passed unanimously.
A RESOLUTION OF THE CITY COUNCIL OF WYLIE,TEXAS,ADOPTING A PROJECT LIST
OF PARK AND LIBRARY IMMEDIATE NEEDS FOR SUBMISSION TO THE WYLIE PARKS
AN RECREATION FACILITIES DEVELOPMENT CORPORATION FOR FUNDING
AUTHORIZATION IN FY95
APPOINTMENT WITH DON JERNIGAN REGARDING REQUEST FOR DISANNEXATION
Mr. Jernigan requested Council to disannex his property for failure to provide city
services. He introduced Thomas K Jernigan, co-owner of the property, and neighboring
property owners C.B. Watts and Mr. and Mrs. Waldner who had each signed a petition by
Mr. Jernigan for disannexation. They stated that sewer was within 500 feet but cost
prohibitive for hooking on and that Marshall Road had been paved and a street light
installed by personal funding since the road was a non-dedicated street. City Manager
Steve Norwood noted that research at the County had shown that Marshall Road from FM-
544 to the curve of the road was a dedicated street and would be maintained by the City.
Council discussed the disannexation petition with City Attorney Richard Abernathy
and the cost of boring under FM-544 with City Engineer Greg MacLean. Council
considered exchanging right of way for the cost of boring under FM-544 and discussed the
Council Minutes 12/13/94 Page 4
differences in obtaining utilities when developing raw land as opposed to building in a
developed subdivision.
Mondy made a motion to take no action but instruct the City engineer to prepare a
cost analysis and instruct the staff to investigate the amount of existing and required right
of way. Allen seconded the motion. The motion was voted on and passed unanimously.
APPEAL FROM DAVID AND CAROLYN TUTTLE TO DECISION OF THE HOUSING
ADVISORY BOARD
David Tuttle, 112 Fairmount, explained that his residence had retained storm
damage that did not become evident until insurance had settled his claim. He stated that
unsettled damage included a warped and weather damaged garage door and vapor locked
windows. The Housing Advisory Board had not recommended forwarding his application
to the State until all storm victims who suffered major damage had been given an
opportunity to apply. Tuttle presented photos to the Council and discussed his insurance
policy and the number of vapor-locked windows. Council took no action on this request.
PUBLIC HEARING AND REQUEST FROM DAN SCARBOROUGH FOR CHANGE IN
ZONING FROM "B-2" TO "SF-2" ON APPROXIMATELY 5 ACRES LOCATED A WEST
BROWN AND WINDING OAKS
Mayor Swartz opened the public hearing and Dan Scarborough of Shepard Place
Homes, presented his application to the City Council to develop ten "SF-2" lots an
estimated 275 feet deep fronting Brown Street. Council questioned the developer
regarding parking and the provision of circular drives as well as the average structure size.
Jennings stated that the property had been designated "B-2" and was inappropriate for
anything other than retail uses. As there was no one else wanting to address this issue,
the public hearing was closed.
Wright made a motion to deny the zone change request. Jennings seconded the
motion. The motion was voted on and passed with all in favor except Adams who was
opposed.
REPLAT REQUEST FROM SHEPARD PLACE HOMES
This application was withdrawn following denial of the zone change application.
FINAL PLAT FOR PREMIER BUSINESS PARK ADDITION
Norwood explained that the Wylie Development Corporation had submitted the final
plat for three lots consisting of approximately 51 acres at County Road 297 and Sanden
Boulevard for future industrial development. He stated that the final plat as submitted met
Council Minutes 12/13/94 Page 5
. ........ .
• n
ISSUE
Mr. Don Jernigan will be requesting the City Council to consider disannexing his property along with
properties of other owners.
BACKGROUND
Mr. Jernigan was annexed involuntarily and is opposed to owning property within the city limits if no se
provided. Mr. Jernigan would like to be disannexed based on failure to provide city services. While this
valid argument for disannexation, the statutes state that "a majority of qualified voters of an area may
petition for disannexation" under this provision. Mr. Jernigan, not being a resident voter would not be
able to petition for disannexation alone. However, his petition contains more than one tract and may
contain a majority of petitioners are resident voters. Statutes are not specific regarding a petitioner's
ability to collectively petition to include non-resident property owners. The petition is not valid as it is
not in compliance with statutory posting, publication and affidavit requirements.
LEGAL CONSIDERATIONS
Council has no obligation to accept this petition. However, should they re-submit a valid petition from a
majority of resident qualified voters on the properties to be disanexed, Council will be obligated to
accept and act on the petition. Council may:
(1) Instruct Staff to draft disannexation ordinances for next agenda - Council has the ability to
disannex these properties without being "forced".
(2) Deny his request - Since the petition is not in statutory compliance, Council has no
obligations in this matter.
(3) Instruct the City Attorney to review the criteria for disannexation to determine if Mr.
Jernigan is eligible to petition for disannexation if he groups his property with resident
qualified voters.
STAFF RECOMMENDATION
On discretionary disannexation issues like this one, staff has • made rec• - • rendations,
f://iti,e, c/1/
Submitted By App • ed By
§ 43.136 LOCAL GOVERNMENT CODE
(d) This section does not authorize the municipality ' the filing of an answer by the governing body. Disannex:
to extend its boundaries to include area that is part of application of either party, the case shall be ad cant,,, Charter
or belongs to another municipality. and heard without further delay in accordance Nr.
„e-rule muni:
(e) A municipality may not tax the property over the Texas Rules of Civil Procedure. The distrl. „•cipality actor
which the boundaries are extended under this section court shall enter an order disannexing the area if char of the
unless the property is within the general municipal I court finds that a valid petition was filed with ty =„e procedural
boundaries. municipality and that the municipality failed to pr, , 70th Leg..
form its obligations in accordance with the sen�, "'(f) After the adoption of the ordinance extending plan or failed to perform in good faith.
the municipal boundaries, the municipality may fully 43_ Disannex
regulate navigation, wharfage, including wharfage (c) If the area is disannexed under this section. - in Gen
rates, and all facilities, conveniences, and aids to navi- may not be annexed again within five years after ti', 1
date of the disannexation. If it is reannexed wit - When at leas:
gation or wharfage. The municipality may adopt ordi-
nances, including those imposing criminal penalties, seven years after the date of the disannexatior, in a general
and may otherwise police navigation on the stream service plan for the area must be implemented r.. :on to the ma
and the use of the wharves or other facilities and aids later than one year after the date of the reannexati.. - .. the area by
to navigation or wharfage. (d) The petition for disannexation must: ' the area be dec_
(g) The municipality may designate all or part of ,,the mayor sh
(1) be written; in the municipa.
the added area as an industrial district, as the term is (2) request the disannexation: 5tst uniform elk-
customarily used, and may treat the designated area (3) be signed in ink indelible
in a manner considered by the governing body to be in or pencil h} t . xection Code. t:
the best interest of the municipality. The governing appropriate voters; petition is filed
body may make written contracts or agreements with (4) be signed by each voter as that person's nary the election i
the owners of land in the industrial district, to guaran- appears on the most recent official list of registers-. ,) When a majc
tee the continuation of the limited purpose annexation voters;
-:,n favor disco
status of the district and its immunity from general (5) contain a note made by each voter stating t. - .,,;pality, the m.
purpose annexation for a period not to exceed 10 ' person's residence address and the precinct numb - 'pager a part of-
years. The contract or agreement may contain other and voter registration number that appear on tn, to that effec-
terms considered appropriate by the parties. The person's voter registration certificate: • g body of
governing body and landowners may renew or extend (6) describe the area to be disannexed and hay' - _The a part of t:r.
the contract for successive periods not to exceed 10 plat or other likeness of the area attached: :,rAlien However. -.
years each. (7) be presented to the secretary of the mum tthe munic:
Added by Acts 1989. 71st Leg.. ch. 1. § 3(k), eff. Aug. 28. pality, the mum
1989.
(e) The signatures to the petition need not be at• mile or one
[Sections 43.137 to 43.140 reserved for expansion] pended to one paper. riginal mur
SLBCH_�PTER G. DISA\VEXATION (f) Before the petition is circulated among the vo( the area
ers, notice of the petition must be given by posting 3 d by this
§ 43.141. Disannexation for Failure to Provide copy of the petition for 10 days in three public ply` wal• the m
Services in the annexed area and by publishing a copy of t`' otherwise.the a
(a) A majority of the qualified voters of an annexed Petition once in a newspaper of general circulau of that index
area may petition the governing body of the munici- serving the area before the 15th day before the d:,t. ; _ •..ue to levy
pality to disannex the area if the municipality fails or the petition is first circulated. Proof of the po rr4 • in the ar
andpublication must be made b, attachingto t'"
refuses to provide services or to cause services to be ) property it
provided to the area within the period specified by petition presented to the secretary: from the
Section 43.056 or by the service plan prepared for the (1) the sworn affidavit of any voter who signed ' •. ess. Th
area under that section. the petition, stating the places and dates of t.7 cost of levyin
(b) If the governing body fails or refuses to disan- posting; and shall be alp):
flex the area within 60 days after the date of the (2) the sworn affidavit of the publisher of u Iwo rats ahar�
newspaper in which the notice was published. ,a:. 4 does not prey
receipt of the petition, any one or more of the signers
of the petition may bring a cause of action in a district ing the name of the newspaper and the issue :uod '': in full at
court of the county in which the area is principally
date of publication. •' ess.
19located to request that the area be disannexed. On Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1. 1987. , 70th Leg
56
December 6, 1994
Mary Nichols
Wylie City Secretary
2000 HWY 78N- P.O. Box 428
Wylie, Texas 75098
Subject: Transmittal letter for "De-Annexation Petition"
Dear Ms Nichols,
In accordance with our telephone conversation concerning possible de-annexation
requirements, our petition is attached and delivered to you in a timely manner, based on
your defined schedule. It is understood that this subject will become an agenda item for
the December 1994 Wylie City Council meeting.
Please advise the date, time and meeting location of that Council meeting so the
respective people/owners can be present for the discussions leading to a firm decision.
Sincerely,
Aiii41044)
Don Jernigan
1408 Hillside
Plano, Texas 75074
214-424-6014
Attachment: Petition (December 6, 1994)
Petition
December 6, 1994
The Land Owners signing this petition were annexed into the City
of Wylie, Texas by Ordinance No. 86-96, dated 23rd day of
December of the year 1986;
whereas the first paragraph of Ordinance No. 86-96 is
written, "AN ORDINANCE OF THE CITY OF WYLIE, TEXAS
ANNEXING THE HEREINAFTER DESCRIBED TERRITORY INTO
THE CITY OF WYLIE, TEXAS, AND EXTENDING THE BOUNDARY
LIMITS OF THE CITY SO AS TO INCLUDE SAID HEREINAFTER
DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND
GRANTING ALL THE RIGHTS AND PRIVILEGES OF OTHER
CITIZENS AND BINDING ALL INHABITANTS BY ALL THE
ORDINANCES, ACTS, RESOLUTIONS AND REGULATIONS OF THE
CITY, PROVIDING A SEVERABILITY CLAUSE,AND PROVIDING
THE EFFECTIVE DATE OF SAID ORDINANCE.";
whereas the third paragraph of said Ordinance No. 86-96 is
written, "WHEREAS, the City has prepared a service plan for the
area, a copy of which is attached hereto as Exhibit "A"; and"
whereas the City of Wylie has not within eight years of
annexation provided public services consistent with the rights and
privileges of all other citizens, and specifically has not provided
Sanitary Sewer Service; and
therefore it is respectively submitted that the owners of
tracts listed herein, having been a part of the territory annexed by
Ordinance No. 86-96, do hereby petition to the City of Wylie, Texas,
for de-annexation from the City of Wylie as of this year 1994.
SIGNED:
Name: Tract No. See Attachment
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Page 3 of Petition
EXHIBIT A
Description of property: Address: 2813 W. FM544
Wylie, Texas 75098
Owner of record: T. K. Jernigan
4909 Orchard
Sachse, Texas 75048
City of Wylie Ordinance No. 86-96, dated 23rd December 1986 defined property as,
"Tract 29 consisting of .53 acres".
Collin County Records defines the property as:
Being part of a 40 acre tract of land out of the MOSES SPARKS SURVEY,
ABSTRACT NO. 849, recorded in Volume 385, Page 33 of the Deed Records of
Collin County, Texas and a portion of a 5.84 acre tract as deeded to Norman R.
McCord and wife, Betty Alice McCord by L. L. Gayler and wife, Evelyn Gayler
on June 1, 1971 and recorded in Volume 786, Page 782 of the Deed Records of
Collin County, Texas, and described as follows:
BEGINNING at a point for Southwest corner in the South line of said 5.84 acre
tract and in the North line of State Farm Road No. 544, said point bears South 89
degrees 52 minutes East 338.0 feet from the Southwest corner of said 5.84 acre
tract;
THENCE North 0 degrees 03 minutes West along the East line of adjacent Lot 3
a distance of 213.44 feet to a point for corner therein;
THENCE South 84 degrees 09 minutes East, a distance of 112.56 feet to a point
for corner in the West line of adjacent Lot 5;
THENCE South 0 degrees 03 minutes East along the West line of said Lot 5, a
distance of 207.24 feet to a point for corner in the South line of said 5.84 acre
tract;
THENCE North 89 degrees 52 minutes West along the South line of said 5.84
acre tract and the North line of said State Farm Road No. 544, a distance of
112.00 feet to the POINT OF BEGINNING.
Owner Policy of Title Insurance (No. OP-A 06698) indicates:
"Being a portion of a 5.84 acre tract in the Moses Survey, Abstract No. 849; also
being known as Lot 4 of McCord's Little Six Subdivision, an unrecorded addition
in Collin County, Texas."
Page 4 of Petition
EXHIBIT B
Description of property: Address: 2819 W. FM544
Wylie, Texas 75098
Owner of record: Curtis Watts
Registered Voter, precinct #25
City of Wylie Ordinance No. 86-96, dated 23rd December 1986 defined property as,
"Tract 26 consisting of.57 acres".
Collin County Records defines the property as:
BEGINNING at a point for corner in the South line of said 5.84 acre tract and in
the North line of State Farm Road No. 544, said corner bears South 89 degrees 52
minutes East 20.00 feet from the Southwest corner of said 5.84 acre tract;
THENCE North 0 degrees 03 minutes West along the East line of a county road,
a distance of 245.24 feet to a point for corner therein;
THENCE South 84 degrees 09 minutes East, 90.02 feet to a point for corner;
THENCE South 0 degrees 03 minutes East, 5.00 feet to a point for corner;
THENCE South 84 degrees 09 minutes East, 14.50 feet to a point for corner;
THENCE South 0 degrees 03 minutes East, 229.78 feet to a point for corner in
the North line of said Farm Road No. 544;
THENCE North 89 degrees 52 minutes West, along the South line of said 5.84
acre tract and the North line of said Farm Road No. 544, a distance of 104.00 feet
to the place of BEGINNING, and being Lot 1 of McCords LITTLE SIX
SUBDIVISION, an unrecorded subdivision in Collin County, Texas.
Page 5 of Petition
EXHIBIT C
Description of property: Address: 2815 W. FM544
Wylie, Texas 75098
Owner of record: William Steven Orban
Registered Voter, precinct #25
City of Wylie Ordinance No. 86-96, dated 23rd December 1986 defined property as,
"Tract 28 consisting of.54 acres".
Collin County Records defines the property as:
Being part of a 40 acre tract of land out of the MOSES SPARKS SURVEY,
ABSTRACT NO. 849, recorded in Volume 385, Page 33 of the Deed Records of
Collin County, Texas and a portion of a 5.84 acre tract as deeded to Norman R.
McCord and wife, Betty Alice McCord by L. L. Gayler and wife, Evelyn Gayler
on June 1, 1971 and recorded in Volume 786, Page 782 of the Deed Records of
Collin County, Texas, and described as follows:
All of Lot No. 3;
BEGINNING at a point for Southwest corner in the South line of said 5.84 acre
tract and in the North line of State Farm Road No. 544, said point bears South 89
degrees 52 minutes East 229.00 feet;
THENCE North 0 degrees 03 minutes West parallel to the West line of said 5.84
acre tract and along the East line of adjacent Lot No. 2, a distance of 224.34 feet
to a point for corner therein;
THENCE South 84 degrees 09 minutes East, parallel to the North line of said
5.84 acre tract, a distance of 109.54 feet to a point for corner in the West line of
adjacent Lot No. 4;
THENCE South 0 degrees 03 minutes East along the West line of said Lot No. 4,
a distance of 213.44 feet to a point for corner in the South line of said 5.84 acre
tract;
THENCE North 89 degrees 52 minutes West along the South line of said 5.84
acre tract and the North line of said State Farm Road No. 544, a distance of
109.00 feet to the POINT BEGINNING.
Page 6 of Petition
EXHIBIT D
Description of property: Address: 2809 W. FM544
Wylie, Texas 75098
Owner of record: Jake D. Waldner
Registered Voter, precinct #25
City of Wylie Ordinance No. 86-96, dated 23rd December 1986 defined property as,
"Tract 31 consisting of.52 acres".
Collin County Records defines the property as:
BEING PART OF A 40 acre tract of land out of the Moses Sparks Survey, Abstract 849,
recorded in Volume 385, Page 33, of the Deed Records of Coffin County, Texas, and a
portion of a 5.84 acre tract as deeded to Norman R. McCord and wife, Ruby Alice
McCord, by L. L. Gayler and wife, Evelyn Gayler, on June 1, 1971, and recorded in
Volume 786, Page 728, of the Deed Records of Coffin County, Texas, and described as
follows:
All of Lot No. 6, (McCords Little Six Subdivision)
BEGINNING at a point for SW corner in the South line of said 5.84 acre tract and in
the North line of State Farm Road No. 544, said point bears South 89 degrees 52
minutes East, 568.00 feet from the SW corner of said 5.84 acre tract;
THENCE North 0 degrees 03 minutes West along the East line of adjacent Lot No. 5, a
distance of 190.43 feet to a point for corner therein;
THENCE South 84 degrees 09 minutes East, a distance of 124.62 feet to a point corner
in the West line of adjacent Lot No. 7;
THENCE South 0 degrees 03 minutes East along the West line of said Lot No. 7, a
distance of 178.04 feet to a point for corner in the South line of said 5.84 acre tract;
THENCE North 89 degrees 52 minutes West along the South line of said 5.84 acre tract
and the North line of State Farm Road No. 544, a distance of 124.00 feet to the point
BEGINNING.
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ISSUE
The proposed ordinance will amend the Wylie curfew requirements to reflect those requirements which
have withheld court challenges. Our City Attorney has prepared this ordinance which was modeled after
the City of Dallas' regulations. The Dallas ordinance has been challenged for constitutionality and has
been held up in court.
BACKGROUND
The Wylie Code currently prohibits children between the ages of 12 and 17 from being in public and
unsupervised between the hours of 6:00 a.m. and midnight. These regulations are clearly
unconstitutional and all ordinances of this nature that have been challenged have failed. The revised
ordinance:
(1) provides specific defenses for violating the curfew
(2) changes the hours to 11:00 p.m. to 6:00 a.m. on weeknights and Midnight to 6:00 a.m. on
weekends
(3) requires the staff to review the ordinance in six months
LEGAL CONSIDERATIONS
Richard Abernathy, City Attorney, is not only comfortable that this ordinance is constitutional, but he has
stated that cities all over Texas are amending their ordinances to reflect the provisions we are
considering.
ATTACHMENTS
(1) Copy of Ordinance
' nt ei—ei-e.
Submit ed Approved By
§ 3.00 J.FAVING DEBRIS OR DIRT § 4.02 Contributing to Neglect or
ON CITY STREETS Delinquency of Children
Any parent,legal guardian,or other person having
§ 3.01 Leaving Debris or Dirt on City the care or custody of a minor child under the age
Streets Unlawful of seventeen(17)years who shall by any act,or by
lack of supervision and control over said minor
It shall hereafter be unlawful for any person, firm, child,encourage,contribute toward,cause or tend
or corporation to leave debris and/or dirt on a city to cause said minor child to commit any delinquent
street unless the person, firm, or corporation or criminal act shall be guilty of a misdemeanor.
provides, erects, places, and maintains warning
signs,lighting devices,barricades and channelizing (Ord.79-23 adopted 10-9-79,Sec.2)
devices required in Part VI —Traffic Controls for
Street and Highway Construction and Maintenance § 4.03 Curfew for Children Under
Operation of the Texas Manual on Uniform Traffic Twelve (12) Years of Age
control Devices for Streets and Highways No minor under the age of twelve (12) years shall
published by the State Department of Highways
and Public Transportation. loiter, idle, or congregate in or on any public
street, highway, alley, park, school, or any other
(Ord.adopting Code) public place, or the place normally open to the
public, including but not limited to shopping
§ 3.02 Penalty for Violations centers, places of amusement, private recreation
areas, or similar places, between the hours of
Any person violating any of the provisions of this 10:00 p.m. and 6:00 a.m., unless the minor is
section shall be deemed guilty of a misdemeanor accompanied by a parent or guardian,or some adult
and upon conviction, shall be subject to a fine of delegated by the parent or guardian to accompany
not more than that established by Texas state law. the child.
Each day the violation continues shall be
considered a separate offense. (Ord.79-23 adopted 10-9-79,Sec.3)
(Ord.87-13 adopted 1-27-87,Sec.2) § 4.04 Curfew for Children Between
Twelve (12) and Through Sixteen
(16) Years Old
§ 4.00 CONTRIBUTING TO NEGLECT No minor between the ages of twelve (12) and
OR DE OF CHILDREN; through sixteen (16) years of age shall loiter, idle
CURFEWURFEW DELINOUENCY R MINORS or congregate in or on any public street,highway,
alley, park, school,or other public place,or other
§ 4.01 Finding of Necessity place normally open to the public, including but
not limited to shopping centers, places of
The citycouncil finds that offenses against the amusement, private recreation areas or similar
g places, between the hours of 12:00 midnight and
laws of the United States, the statutes of the State 6:00 a.m., unless the minor is accompanied by a
of Texas,and the ordinances of the City of Wylie parent or guardian, or some adult over the age of
by minors under the age of seventeen(17)years are twenty-one (21) years delegated by the parent or
increasing at a substantial rate; that in a great guardian to accompany the minor child or where
many of the cases,a lack of proper supervision and the minor child is upon an errand or other
control of the minor child by his or her parents or legitimate business directed by his or her parent or
guardian is evident; that the increasing problem of
criminal offenses by children will not be solved by guardian.
sanctions imposed upon the children alone, but (Oral 79-23 adopted 10-9-79,Sec.4)
that it is necessary that sanctions be imposed upon
parents whose neglect of their duty to properly § 4.05 Violation of Curfew Hours
supervise and control their children is a proximate
cause of the delinquency of those children. Any parent, legal guardian or other person having
(Ord.79-23 adopted 10-9-79,Sec. 1) the care or custody of any minor child under the
age of seventeen (17) years who shall assist, aid,
abet, allow, permit, or encourage said minor to
violate the provisions of§ 4.03 and § 4.04 of this
section,either by overt act,by failing to act or by
7-8 Supp. No. 1
lack of supervision and control over said minor is those regarding public nuisance with
guilty of a misdemeanor. The fact that a child excessive noise from loudspeakers etc.,
under twelve (12) years or under the age of public intoxication, and/or disturbing the
seventeen (17) years is apprehended while on the peace.
public street, highway, alley, park, school, or
other public place,or other place normally open to (b) The chief of police, or his or her designated
the public during the hours defined in above§4.03 representative will be responsible for posting the
and § 4.04, shall be prima facie evidence of a fact of the block party in question for the
violation of this section on the part of the parents, information of the police officers on duty during
legal guardian, or other person having the care or the hours of the celebration and for the information
custody of said minor child. of the dispatcher on duty, in case of inquiries by
citizens.
(Ord.79-23 adopted 10-9-79,Sec.5)
(Ord.86-82 adopted 8-12-86,Sec. 1)
§ 4.06 Penalty
Any person found guilty of a misdemeanor under § 6.00 LOUD NOISF,
the terms of this section shall, upon conviction
thereof,be subject to a fine.
§ 6.01 General
(Ord.79-23 adopted 10-9-79,Sec.6)
(a) It shall be unlawful for any person to make or
cause any unreasonably loud, disturbing,
§ 5.00 GATHERINGS ON PUBLIC unnecessary noise which causes or may cause
,STREETS material distress,discomfort or injury to persons of
ordinary sensibilities in the immediate vicinity
thereof.
(a) Parties, gatherings, etc. which involve the
blocking or closing off of public streets and/or (b) It shall be unlawful for any person to make or
thoroughfares are prohibited in the City of Wylie cause any noise of such character, intensity and
except under the circumstances and provisions continued duration as to substantially interfere with
listed below: the comfortable enjoyment of private homes by
persons or ordinary sensibilities.
(1) Contact the chief of police of the City of
Wylie, or his or her designated (Ord.86-81 adopted 8-12-86,Sec. 1)
representative and advise of the date and
time of the desired party. § 6.02 Acts Creating, Enumerated
(2) The chief of police or his or her (a) The playing of any phonograph, television,
designated representative will advise the radio or any musical instrument in such manner or
organizer(s)of the following: with such volume,particularly between the hours
of 10:00 p.m. and 7:00 a.m., as to annoy or
(a) Must have letter signed by residents disturb the quiet, comfort or repose of persons of
affected by such party, giving their ordinary sensibilities in any dwelling, hotel or
consent and approval of such party,to be other type of residence.
placed on file with the police department.
(b) The use of any stationary loud-speaker,
(b) Contact the director of public works, amplifier or musical instrument in such a manner
or designated representative and make or with such volume in the immediate vicinity
arrangements to pick up city barricades thereof, particularly between the hours of 10:00
with which to block off street where party p.m. and 7:00 a.m.; provided however, that the
is to be held. city council may make exceptions upon
application when the public interest will be served
(c) Streets must be left open to the thereby.
extent that emergency vehicles can gain
entrance without delay of any kind. (c) The blowing of any steam whistle attached to
any stationary boiler or the blowing of any other
(d) Parties must be conducted in such a loud or far-reaching steam whistle within the
manner as not to be in violation of any corporate limits,except to give notice of the time
other ordinance of the city particularly to begin or stop work or as a warning of danger.
7-9 Supp. No. 1
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Issue
In an effort to promote fire safety and reduce the cost of providing fire protection, the following are proposed
revision to the city's Code of Ordinances, Chapter 5, Fire Protection, for consideration:
To ensure the life safety of the citizens of Wylie, add an ordinance that requires a working smoke
detector in all occupied residential dwellings.
Background
This ordinance will help prevent the loss of lives in the city limits of Wylie. Smoke detectors are now very affordable
and there are agencies that will provide them to those families who cannot afford them. The Wylie Fire Department
also has a program for families on limited income that has been very successful and is still in tact.
Legal Consideration
The City Attorney has reviewed and produced the finished ordinance for the council's approval. The City will not
legally be able to inspect all existing homes for detectors. However, if an incident does occur and the home does not
have a detector, that resident will then be subject to penalty of fine and/or prosecution.
Staff Recommendations
Staff recommends approval of the changes and additions to the Code of Ordinances in Chapter 5, Fire Protection.
Attachments
Copy of Ordinance
Submitted By Approved By
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Summary
An issue of concern to all municipalities is the existing burden on municipal staff to be
administratively involved with the competency testing of electricians as part of their municipality's
electrician licensing requirements. In an effort to remove this burden from the municipalities and
continue to protect the health, safety, and welfare of the citizens of North Texas a regional testing
program is being implemented by the North Texas Council of Governments and administered by
Southern Building Code Congress International, Inc.
Background
The Regional Electrical Advisory Board was dissolved in the fall of 1994. This was a group formed
by area municipalities to administer the testing of electricians in this region. The problem with this
program was that electricians who passed this examination were considered to have received their
license from the city where they applied for the test. Under the new program, all member cities will
honor the examination results as their own.
Financial Considerations
The examination administration process will be the complete responsibility of SBCCI and will be
financially supported fully by the testing fee of$45 to be paid by the applicant. There will be no
funding or administrative responsibilities expected from the participating municipalities.
Legal Considerations
There will be legislation proposed in the near future for State licensing of electricians. This is one of
the first steps towards that direction but this is the best program to date.
Board/Commission Recommendations
No recommendation is necessary.
Staff Recommendations
Staff recommends passage of the resolution.
Attachments-Proposed resolution and agreement
Submitted By Approved By
•
THE STATE OF TEXAS
THE REGION OF NORTH CENTRAL TEXAS
INTERLOCAL AGREEMENT FOR THE
TESTING OF ELECTRICIANS
THIS INTERLOCAL Agreement ("Agreement") effective is entered into
between the city of , a municipal corporation duly incorporated under
the Constitution and laws of the State of Texas; the North Central Texas Council of
Governments ("NCTCOG"), a political subdivision of the State of Texas acting by and through
its Executive Board; and other North Central Texas governmental entities consenting hereto,
WITNESSETH
WHEREAS, pursuant to the Interlocal Cooperation Act, Texas Government Code, Chapter
791, as amended (the "ACT"), cities, counties, special districts and other legally constituted
political subdivisions of the State of Texas are authorized to enter into interlocal contracts and
agreements with each other regarding governmental functions and services as set forth in the
Act; and,
WHEREAS, the parties to this Agreement have been cooperating together through
NCTCOG to develop a cooperative regional program to accomplish competency testing of
electricians in North Central Texas; and,
WHEREAS, other entities will become involved in the regional electrician testing program,
hereinafter referred to as the North Central Texas Electrical Examination Program, and benefit
from cooperation through this Interlocal Agreement; and,
WHEREAS, the parties to this Agreement understand that entering into this Agreement in
no way obligates any party to participate in any associated program without the express
approval of the party;
NOW, THEREFORE, for and in consideration of the promises and the mutual covenants
herein contained, and subject to the conditions herein set forth, the parties hereto covenant,
agree and bind themselves as follows:
ARTICLE 1 -- PURPOSE OF AGREEMENT
The purpose of this Agreement includes accomplishing the following objectives:
• Protect the health, safety, and welfare of citizens of North Central Texas through a
cooperative regional program for the competency testing at various grade levels of
electricians desiring to perform electrical work in this region;
• Remove the burden of local testing of electricians from municipalities as part of their
electrician licensing requirements;
• Engage, through the North Central Texas Council of Governments, a qualified testing
agency or agencies to prepare, administer, and grade the electrical examinations; and
Page 1 of 3 3/2/94
• Provide quality testing opportunities that are cost efficient and convenient for prospective
electricians at their desired grade levels.
ARTICLE 2 -- ADMINISTRATIVE AND POLICY STRUCTURE
The administrative and policy structure under this Agreement is as follows:
• NCTCOG's Regional Codes Coordinating Committee ("RCCC") will approve
recommendation of the qualified testing agency or agencies to be used, provide policy
guidance for the cooperative program, and make recommendations to the participating
entities to accomplish the purposes of this Agreement.
• The RCCC will appoint whatever supporting subcommittees it deems necessary and
desirable to provide technical guidance and assistance to the selected testing agency or
agencies, including a validation task force of representatives from the region.
• NCTCOG will be the administrative agent under the Agreement pursuant to the Interlocal
Cooperation Act and enter into an agreement on behalf of the participating parties with the
selected testing agency or agencies.
• The selected testing agency or agencies and its testing program are fiscally supported by
the testing fees collected from the applicants. No funds will be solicited from the parties to
this agreement or NCTCOG and no party hereto shall be liable or responsible for the
payment of funds in support of this regional testing program beyond the testing fees from
the applicants. The RCCC will approve the testing fee.
• This Agreement is recognized as a supplemental level of service, and is not intended to
duplicate or diminish the products, assistance, representation, or services received by
participating entities through NCTCOG membership.
ARTICLE 3 -- ADDITIONAL PARTIES
Additional political subdivisions within or serving the North Central Texas region may become
parties to this Agreement by approving the terms and conditions of this Agreement and affixing
hereto the signature of its authorized representative indicating the date of approval of this
Agreement by said entity.
ARTICLE 4 -- RENEWAL AND AMENDMENTS
This Agreement will be in effect for one year from the effective date of this Agreement, and will
be considered automatically renewed for each succeeding year. A party may withdraw from
this Agreement provided that it has notified the Executive Director of NCTCOG of such action
in writing at least 60 days before its intended withdrawal date. Amendments may be made to
this Agreement upon the approval of the affected parties.
ARTICLE 5 -- SEVERABILITY CLAUSE
If any provision of this Agreement or any application hereof shall be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions and
applications shall not in any way be affected or impaired thereby.
Page 2 of 3 3/2/94
ARTICLE 6 -- GOVERNING LAW
This Agreement shall be construed in accordance with and governed by the laws of the State
of Texas.
ARTICLE 7 -- INDEMNIFICATION
It is agreed that no party to this Agreement shall be responsible for the acts of another party to
this Agreement.
ARTICLE 8 -- MISCELLANEOUS
It is expressly understood and agreed that in the execution of this Agreement, neither the
parties to this Agreement nor NCTCOG waive, nor shall be deemed to waive, any immunity or
defense that would otherwise be available to each against claims arising in the exercise of
governmental powers and functions.
The undersigned officers and/or agents are properly authorized to execute this contract on
behalf of the parties hereto, and each hereby certifies to the other that any necessary
resolutions extending such authority have been duly passed and are now in full force and
effect.
By entering into this Interlocal Agreement, the parties do not create any obligations, express or
implied, other than those set forth herein, and this Agreement shall not create any rights in
parties not signatories hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed as of the date and year noted below.
Signature Mike Eastland
Executive Director
Title
North Central Texas
Agency Council of Governments
Date Date
Page 3 of 3 3/2/94