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03-12-1996 (City Council) Agenda Packet Wylie City Council Mgetin8 Mçirch 12 , 1996 AGENDA WYLIE CITY COUNCIL Wylie Municipal Complex March 12, 1996 7:00 p.m. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE PROCLAMATION March 25-29, 1996, "Texas Public Schools Week" ACTION ITEMS 1. Discuss and Consider Approval of Minutes for January 23, 1996 2. Discuss and Consider Approval of the Reconstruction of Steel Road 3. Discuss and Consider the Appointment of an Ad Hoc Planning Committee to Meet Jointly With the Wylie Independent School District Regarding the Development of the Central Park Athletic Field Complex STAFF REPORTS CITIZEN PARTICIPATION ADJOURNMENT Posted on this the 8th day of March, 1996 at 5:00 p.m. THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED ATTENDEES MUST BE REQUESTED 48 HOURS IN ADVANCE BY CONTACTING THE CITY SECRETARY'S OFFICE AT 442-8100 OR TDD 442-8170 v yU�� city Coy #1 g+ nda Communication for March 12 1996 Minutes for January 23, 1996 Minutes of the Wylie City Council January 23,1996 CALL TO ORDER Mayor Jim Swartz called the City Council Meeting to order, January 23, 1996 at 7:00 p.m. with the following Councilmembers present: John Mondy, Reta Allen, Steve Wright, J. C. Worley and Cleo Adams. Joel Scott was absent. ACTION ITEMS APPROVAL OF ALTERNATE TRIAL JUDGE Judge Suzanne Marsh thanked the Council for their support and highly recommended Mr. James Blume. With no discussion, Mondy made the motion to approve Mr. Blume's appointment as Alternate Trial Judge. Allen seconded the motion. The motion was approved unanimously. APPROVAL OF MINUTES FOR DECEMBER 19, 1995 With no discussion, Mondy made the motion to approve the minutes as written and Adams seconded the motion. The motion passed unanimously. APPROVAL OF RESOLUTION 96-5 ADOPTING THE PARK AND OPEN SPACE MASTER PLAN Mike Collins, City Manager, noted that J. T. Dunkin of Dunkin and Associates, and Mindy Manson, Assistant to the City Manager, had worked on this master plan for some time. Adams made the motion to approve the resolution and Mondy seconded the motion. The motion was approved unanimously. PUBLIC HEARING TO RECEIVE PUBLIC COMMENT REGARDING THE GRANT APPLICATION FOR THE WYLIE CENTRAL PARK/ATHLETIC FIELD COMPLEX FROM THE TEXAS PARKS AND WILDLIFE DEPARTMENT Mayor Swartz opened the public hearing. With no comments from the public, the hearing was closed. APPROVAL OF RESOLUTION 96-3 AUTHORIZING THE APPLICATION OF A GRANT FROM THE TEXAS PARKS AND WILDLIFE DEPARTMENT Collins stated plans for the submittal of the grant application and that the City would work closely with the Parks &Wildlife. The City is asking the Parks & Wildlife to contribute $500,000 toward the development of the Central Park. The Parks & Wildlife will have on sight inspection of the raw land to ensure that all information on application is accurate. He also stated the submittal deadline is approaching and the results should be made public in August. Mondy expressed his thanks for the work that Manson, Collins and representatives from J. T. Dunkin had done on the grant application. Swartz also agreed. Mondy made the motion to approve the resolution and Adams seconded. The motion was approved unanimously. APPROVAL OF AMBULANCE CONTRACT Collins gave the provisions of the new ambulance contract and that a quality level of service will be expected for the City. He highlighted some of the general conditions that the citizens would receive: 8 minute response time for first response, 12 minute back-up; and primarily dedicated ambulance to Wylie. The contract would be a two year contract for a subsidy amount not to exceed $186,000 with no changes to the base rate for basic or life support services. Central Ambulance was the only contractor that submitted a bid. Station enhancement or new building will not be recommended by staff. Wright made the motion that a two year contract be approved with Central Ambulance not to exceed $186,000 with no changes to the base rate. Worley seconded the motion. The motion passed unanimously. APPROVAL OF ORDINANCES ANNEXING PROPERTY IDENTIFIED ALONG THE FM 544 CORRIDOR Ordinance 96-3 annexing a 22.4 acre tract of land, more or less, situated in the M. Sparks Survey,Abstract No.849,Tract 21,Volume 645, Page 470,Collin County,Texas; providing that the owners and inhabitants of the above-described tract of land shall be entitled to the rights and privileges of other citizens of Wylie and be bound by the acts and ordinances now in effect and hereinafter adopted; providing for a penalty for a violation of this ordinance and comprehensive zoning ordinance No. 91-24, Chapter 12, Exhibit "A" of Wylie's Code of Ordinances; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. Wright made the motion to approve, Worley seconded. Adams abstained. The motion passed. Ordinance 96-4 annexing a 5.0 acre tract of land, more or less, situated in the M. Sparks Survey, Abstract No. 849, Tract 22, 22-9, Volume 864, Page 279, Collin County, Texas; providing that the owners and inhabitants of the above-described tract of land shall be entitled to the rights and privileges of other citizens of Wylie and be bound by the acts and ordinances now in effect and hereinafter adopted; providing for a penalty for a violation of this ordinance and comprehensive zoning ordinance No. 91-24, Chapter 12, Exhibit "A" of Wylie's Code of Ordinances; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. Mondy made the motion to approve, Wright seconded. Adams abstained. The motion passed. Ordinance 96-5 annexing a 28.81 acre tract of land, more or less, situated in the M. Sparks Survey, Abstract No. 849, Tract 17, Volume 2165, Page 795, Collin County, Texas; providing that the owners and inhabitants of the above-described tract of land shall be entitled to the rights and privileges of other citizens of Wylie and be bound by the acts and ordinances now in effect and hereinafter adopted; providing for a penalty for a violation of this ordinance and comprehensive zoning ordinance No. 91-24, Chapter 12, Exhibit "A" of Wylie's Code of Ordinances; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. Mondy made the motion to approve, Worley seconded. Adams abstained. The motion passed. Ordinance 96-6 annexing a 27.45 acre tract of land, more or less, situated in the M. Sparks Survey, Abstract No. 849, Tract 20, 20-9, Volume 2165, Page 795, Collin County, Texas; providing that the owners and inhabitants of the above-described tract of land shall be entitled to the rights and privileges of other citizens of Wylie and be bound by the acts and ordinances now in effect and hereinafter adopted; providing for a penalty for a violation of this ordinance and comprehensive zoning ordinance No. 91-24, Chapter 12, Exhibit "A" of Wylie's Code of Ordinances; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. Wright made the motion to approve, Worley seconded. Adams abstained. The motion passed. Ordinance 96-7 annexing a 29.0 acre tract of land, more or less, situated in the M. Sparks Survey, Abstract No. 849, Tract 15, Volume 3180, Page 615-617, Collin County, Texas; providing that the owners and inhabitants of the above-described tract of land shall be entitled to the rights and privileges of other citizens of Wylie and be bound by the acts and ordinances now in effect and hereinafter adopted; providing for a penalty for a violation of this ordinance and comprehensive zoning ordinance No. 91-24, Chapter 12, Exhibit "A" of Wylie's Code of Ordinances; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. Wright made the motion to approve, Worley seconded. Adams abstained. The motion passed. Ordinance 96-8 annexing a 30.0 acre tract of land, more or less, situated in the M. Sparks Survey, Abstract No. 849, Tract 16, 16-9, Volume 2324, Page 194, Collin County, Texas; providing that the owners and inhabitants of the above-described tract of land shall be entitled to the rights and privileges of other citizens of Wylie and be bound by the acts and ordinances now in effect and hereinafter adopted; providing for a penalty for a violation of this ordinance and comprehensive zoning ordinance No. 91-24, Chapter 12, Exhibit "A" of Wylie's Code of Ordinances; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. Allen made the motion to approve, Mondy seconded. Adams abstained. The motion passed. Ordinance 96-9 annexing a 10.95 acre tract of land out of 67.6 acres,more or less,situated in the M. Sparks Survey, Abstract No. 849, Tract 19, Volume 1376, Page 94-96, Collin County, Texas; providing that the owners and inhabitants of the above-described tract of land shall be entitled to the rights and privileges of other citizens of Wylie and be bound by the acts and ordinances now in effect and hereinafter adopted; providing for a penalty for a violation of this ordinance and comprehensive zoning ordinance No. 91-24,Chapter 12, Exhibit"A" of Wylie's Code of Ordinances; providing for repealing,savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. Wight made the motion to approve, Worley seconded. Adams and Mondy abstained. The motion passed. Ordinance 96-10 annexing a 10.956 acre tract of land, more or less, situated in the I. Clifton Survey,Abstract No. 193,Tract 9, 9-1,Volume 1383, Page 136-139, in the H.J. Hardin Survey, Abstract No. 438, Tract 2, Volume 1383, Page 136-139, in the Richard D. Newman Survey, Abstract No. 660,Tract 33,Volume 1383, Page 136-139,Collin County,Texas; providing that the owners and inhabitants of the above-described tract of land shall be entitled to the rights and privileges of other citizens of Wylie and be bound by the acts and ordinances now in effect and hereinafter adopted; providing for a penalty for a violation of this ordinance and comprehensive zoning ordinance No. 91-24, Chapter 12, Exhibit "A" of Wylie's Code of Ordinances; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. Wright made the motion to approve, Worley seconded. Adams opposed, Mondy abstained. The motion passed. Ordinance 96-11 annexing a 10.2953 acre tract of land, more or less, situated in the I.Clifton Survey,Abstract No.193,Tract 10,Volume 1383, Page 170, in the Richard D. Newman Survey, Abstract No. 660, Tract 34,Volume 1383, Page 170,and the H.J. Hardin Survey,Abstract No. 438, Tract 3, Volume 1383, Page 170, Collin County, Texas; providing that the owners and inhabitants of the above-described tract of land shall be entitled to the rights and privileges of other citizens of Wylie and be bound by the acts and ordinances now in effect and hereinafter adopted; providing for a penalty for a violation of this ordinance and comprehensive zoning ordinance No. 91-24, Chapter 12, Exhibit "A" of Wylie's Code of Ordinances; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. Allen made the motion to approve, Wright seconded. Adams opposed, Mondy abstained. The motion passed. Ordinance 96-12 annexing a 10.278 acre tract of land,more or less,situated in the H.J. Hardin Survey,Abstract No.438,Tract 6,Volume 2364, Page 510, Collin County,Texas; providing that the owners and inhabitants of the above-described tract of land shall be entitled to the rights and privileges of other citizens of Wylie and be bound by the acts and ordinances now in effect and hereinafter adopted; providing for a penalty for a violation of this ordinance and comprehensive zoning ordinance No. 91-24, Chapter 12, Exhibit "A" of Wylie's Code of Ordinances; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. Worley made the motion to approve, Wright seconded. Adams opposed, Mondy abstained. The motion passed. APPROVAL OF RESOLUTION 96-4 DECLARING THE MONTH OF FEBRUARY "FAIR HOUSING MONTH" Collins stated that the City received a Texas Community Development Program grant in 1995 for water and sewer improvements. He also stated that requirement for this grant is to designate February as "Fair Housing Month". Mondy made the motion to approve, and Allen seconded. The motion passed unanimously. PUBLIC HEARING AND APPROVAL OF A ZONE CHANGE FROM SF-E TO B-E FOR PROPERTY LOCATED AT 300 E. MARBLE, LOT 1, BLOCK 36 IN THE RAILROAD ADDITION Collins explained Conley Equipment Company submitted plans for an addition to their existing building and upon review approval was given in 1993 for construction of the original existing building on land that was not zoned properly. He also stated the land use was consistent with the Comprehensive Plan. Mayor Swartz opened the public hearing and with no comment from the public, the hearing was closed. Adams made the motion to approve the zone change and Worley seconded. The motion passed unanimously. APPROVAL OF RESOLUTION AMENDING THE ZONING CLASSIFICATION FOR BATCH PLANT Mondy stated he had many questions concerning the septic system and water control. Worley made the motion to table the item and ask that Bodin Concrete attend a Council worksession on February 6, 1996. Mondy seconded the motion. The motion passed unanimously. APPROVAL OF AN ORDINANCE ADOPTING A FLOODPLAIN MANAGEMENT PLAN IN COMPLIANCE WITH FEMA Ordinance 96-1 establishing regulations to minimize flood losses in accordance with 44CFR, Chapter 1, Part 60.3(b) of the National Flood Insurance Program(NFIP); establishing areas of special flood hazard in the jurisdiction of the City of Wylie, Texas; disclaiming liability for losses outside the areas of special flood hazards; providing for repealing, saving and severability clauses; and providing for an effective date of this ordinance. Gregg MacLean with The Hogan Corporation stated that National Flood Insurance Program requires participating communities to adopt certain floodplain management measures. He stated that the City had until January 19, 1996 to satisfy the requirements. MacLean also stated that Wylie would be suspended from the NFIP unless the measures were approved. He explained that due to the government shut down we were being allowed to comply by January 24, 1996. Adams made the motion to approve and Mondy seconded. The motion passed unanimously. APPROVAL OF AN ORDINANCE INCREASING THE WATER RATE Ordinance 96-2 establishing water rates for the City of Wylie, amending Section 1.02 of Appendix of the Wylie City Code (thereby amending Ordinance 84-12, Ordinance 90-18, Ordinance 91-7, Ordinance 93-5, and Ordinance 93-18) repealing portions of all conflicting ordinances; containing a severability clause; and providing for an effective date. Collins stated that in February 1995 the citizens approved a $7 million bond program. Snellgrove gave an overview of an estimate of the proposed rates. MacLean gave a summary of what has happened with the bond projects, which have been the utility relocation and new water main. He reported both were under budget. The new elevated tank is also under budget and the completion of the tank will be April. He stated sewer projects and water main projects will be ready for bidding in the next two to three weeks. Mondy wanted to know if everyone had previous knowledge of this rate increase before the bond election. Mondy made the motion to approve and Wright seconded the motion. The motion passed unanimously. STAFF REPORT Collins stated that a meeting will take place with Jerry Madden and the TNRCC to discuss the enforcement of air quality with regards to Griffin Industries. Collins also stated the Fire Chief and himself would be making the final inspection on the Quint. He explained that interviews with 3 final candidates for the Executive Director of the Development Corporation of Wylie. APPOINTMENT OF A REPLACEMENT TO THE LIBRARY BOARD Allen made the motion to appoint Gerry Whitt and Mondy seconded the motion. The motion passed unanimously. CITIZEN PARTICIPATION Glen Graves, 200 Douglas, Wylie, Texas - Appearing before council on behalf of Wylie United Methodist Church, he would like the city to take a look at Jefferson between 1st & Jackson which collects heavy amounts of water. Collins stated that he would have MacLean and Jack Jones, Public Works Supt. to look into the matter. ADJOURNMENT As there was no further business to come before Council for consideration, the meeting was adjourned. Jim Swartz, Mayor Susan Shuler, City Secretary Wylie City Council .2.3 Agenda Communication for March 19, 1996 Hear Petition, Grant or Refuse, Oct Upon Annexing Property from Wm. Campbell Issue Hear Petition, consider granting or refusing the petition, and act upon annexing the property from Mr. William E. Campbell, Jr. -McCreary Rd. Ltd. Partnership, William E. Campbell, Jr., General Partner being 114.178 acre tract of land located in the John W. Mitchell Survey, Abstract 589, Collin County, Texas. Background The City Council is asked to consider a petition for voluntary annexation from William E. Campbell, Jr. for a tract of land located in the vicinity of the northeast corner of McCreary and McMillan Roads (See Attached Map - Tract No. 3). The property was released from the City of Murphy's Extra Territorial Jurisdiction (ETJ) into Wylie's ETJ on January 15, 1996. The City of Murphy action allows Mr. Campbell to petition the City of Wylie for voluntary annexation. The Council will be asked to consider on March 26, 1996, a petition for voluntary annexation from William E. Campbell, Jr. for a tract of land located immediately to the North of the property being considered for annexation on March 19, 1996. ( See Attached Map - Tract No. 4). If the petition is accepted by City Council on March 19 for Property A, the petition for voluntary annexation of Tract No. 4 could be accepted on March 26, 1996 because the legal requirement that property must be adjacent to property located in the city's limits will have been satisfied. Tract No. 4, owned by Mr. Campbell, is located within the City of Parker's ETJ. Mr. Campbell is voluntarily exercising authority granted to a private property owner by the Texas Legislature under H. B. 2758. The City of Wylie did not initiate this action and is simply taking action in response to a private property owner's request for voluntary annexation. Mr. Campbell, has agreed to place in Escrow, an amount totaling $10,000, to be used to cover legal expenses relating to any suit filed against the City of Wylie for actions taken on Tract No. 4. Legal Consideration The Home Rule Charter states that an owner or owners of land contiguous with and adjacent to the city limits may, by petition in writing to the City Council, request said land to be annexed. The City Council may grant or refuse the petition as it sees fit. If the City Council grants the petition, it shall, by ordinance, annex said land as part of the corporate limits of the city in accordance with Article 970a, V.A.C.S. The petition requesting annexation is submitted pursuant to Section 43.028 of the Texas Local Government Code. The subject property is: 1. One-half mile or less in width 2. Contiguous to the City limits of the City of Wylie 3. Is vacant and without residents The action taken by the City Council to approve the property also approves adoption of a service plan attached to the ordinance. Financial Consideration The County has determined that the current market value of this property is $171,841 with a taxable market value of$22,265. Currently, the land is agricultural exempt, with $145.84 being paid in taxes. If the land was to lie as raw land the potential for taxes would be $1,125.56. Attachment Map Petition and Letter from Mr. Campbell's attorney Copy of the Ordinance and Service Plan ()(3fra?/n'4' Prepared & Approved By City Manager Approval • F.M. 25/4 PARKER ROAD r___ _______ _ ; ;___ _____ , . 1 , , , , WILLIAM E.CAMPBELL,JR.— PARKER ROAD LTD.PARTNER- �- SHIP F LIS 44.53 acs. n • a m m a a TRACT NO. 5 PARKER CITY LIMITS<'// t r v m w V 4 . , F r ma, a a • WILLIAM E. CAMPBELL,JR.— WYLIE LTD. PARTNERSHIP �- PARKER CITY LIMITS 207.452 acs. n M1 mm a a E. Ft. DONIHOO +V 80 acs. Q . TRACT NO. 2 . TRACT NO. 4 ABST 529 A8ST.594 ABST. 589 ABST.589 m m n F- N N m 44 V h 1 • V " PATSY D. FLANAGAN WILLIAM E.CAMPBELL,JR.— m, McCREARY ROAD LTD.PARTNERSHIP a, IO acs. I I4.17 acs. • " NOR1N TRACT NO. I . TRACT NO. 3 ^ — SOO' J00' ' McM/LLAN ROAD I� - �'WYLIE CITY LIMITS-A- ]. NLIE CITY LIMITS 1 0.,,e/ (2 11519 cLi . fP4/9 An/ BOYLE & LOWRY, L.L.P. ATTORNEYS AND COUNSELORS 1700 W.PIONEER IRVING,TEXAS 75061-6842 (214)259-7000 FAX(214)259-7005 JOHN F. BOYLE, JR. L. STANTON LOWRY (214)259-7001 (214)259-7002 March 13, 1996 Mayor Jim Swartz and Members of the City Council City of Wylie 2000 Highway 78 North . Wylie, Texas 75098 Mr. Mike Collins City Manager City of Wylie Ms. Susan Shuler City Secretary City of Wylie Re: Petition for Annexation of Subject Property- 114.178 Acres Dear Mayor Swartz, Members of the City Council, City Manager Collins and City Secretary Shuler: On behalf of the William E. Campbell, Jr. - McCreary Rd. Ltd. Partnership, William E. Campbell, Jr., General Partner, the undersigned as attorney for the partnership respectfully requests that a petition for annexation of 114.1.78 acre tract (subject property) dated September 5, 1995, previously filed in the office of the City Secretary be reified as of this date. The petition as originally filed was not acted upon. The partnership requests that the petition be accepted for filing this date and that the City Council of the City of Wylie consider acting on the petition at its next meeting. The petition requesting annexation of the 114.178 acre tract (subject property) is submitted pursuant to section 43.028 of the Texas Local Government Code. The subject property is: 1. One-half mile or less in width 2. Contiguous to the City limits of the City of Wylie 3. Is vacant and without residents Please advise if any additional information is needed. Very truly yours, BOYLE &LOWRY, L.L.P. John F. Boyle, Jr. 11 r priP A.11), i i MAR 131996 /f.; .4 / TRACT NO. 3 #43.0561 Petition PETITION FOR ANNEXATION TO: THE MAYOR AND GOVERNING BODY OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS: The undersigned petitioners hereby request and represent as follows: 1. Petitioners are the sole owners of record of a tract of land described by metes and bounds on the attached Exhibit "A", which is incorporated herein for all purposes. 2. The tract is not situated within the corporate limits of any municipality and is contiguous to the City of Wylie, Collin County, Texas. 3. Pursuant to the provisions of Section 43.0561 of the Local Government Code, Petitioners represent that the tract is (a) more than forty (40) acres in size; (b) located entirely in a county with a population of more than 260,000 people; and (c) located in the extraterritorial jurisdiction of a general law municipality with a population of more than 1,000 but less than 2,500 people that provides water but not sewer services. 4. The Petitioners further represent that the property is adjacent to the corporate limits of the City of Wylie, Collin County, Texas, and the Petitioners do hereby request that the City of Wylie, Collin County, Texas, annex the area herein described and agree to a service plan to provide both water and sewer services to the tract herein described, not later than three and one-half years after the date of annexation. 5. Petitioners further represent that pursuant to Section 43.0561 of the Local Government Code, upon annexation by the City of Wylie, Collin County, Texas, the tract described herein is by statutory decree released from the extraterritorial jurisdiction of the adjacent general law municipality above described. 6. Petitioners request that such further action be taken as is appropriate under the circumstances. DATED this - date of September, 1995. Respectfully submitted, Wm E. Campbell, Jr. - McCreary Rd. Ltd. Partnership By: William ampbell, Jr. , General Partner STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me by William E. Campbell, Jr. , General Partner of William E. .Campbell, Jr.- McCreary Rd. Limited Partnership on the SY day of September, 1995. �ar p��' ♦~ Notary Public, S Texas � o� e� DORIS MOFFITT l3 ir.O.,.-13 NOTARY PUBLIC My Commission expires o3/ /9 7 ;°y J I �10% " STATE OF TEXAS take Com. Exp. 2-22-9774 EXIIIDIT A" ,. • Being par of the John W. Mitchell ' ^vey, Abstract 569, Coll.., County, Texas, being kne...n as the 112.96 acre tract conveyed to Morton Realty Assoc., Inc., by deed recorded in Volume ti43, Page 161 of tho Deed • Records of Collin County,. and being described more particularly as follows; d+ . • C2) Beginning at an "X" cut found on the south fork of • OO a double 12" elm tree, being the following; The northeast corner of the 1.17'acre tract con— pp veyed to Nathan Eldridge et ux •by deed 0O . • recorded in Volume 529, Page 515, c The northwest corner of the 112.18 acre tract . conveyed to J. 3. Prince. by deed reeorded . in Volume 624, Page 128. and . __ -_ An angle point on the south line of the •207.452 • • acre tract conveyed to William E. Campbell • Jr., by deed recorded in Volume 818, Pg. 530; • .Thence. S 00° 06' E, along the general lino of.'the old fence and row of trees on the west line of said Prince H . •..-'tract, at 2648.5 feet passing the north line of an • undedicated road, 40 feet wide on the ground, a steel • rcid at the southeast corner of said Morton tract, in • . all a distance of 2668.5 feet to a steel rod on the . `• center line of said road, at the southwest corner of said Prince tract; Thence N 89° 39' W, along the center line of said • road, the north line of. the 122 acre tract conveyed to Mrs. Maggie Wood by deed recorded in Volume•288 Page 369 of said Deed Records, a distance of 1678.8 • feet to a steel rod for corner; Thence N 00° 36' E, along the east line of the 5.0 acre tract conveyed to Gene Lewis, et ux, by deed • recorded in Volume 600, Page 546 of said Deed Records, . being 264.0 feet east of and parallel with the west line of said 117 acre tract, at 20.0 feet passing a steel rod on the north line of said road, at 25.3 feet passing .a pipe found by post, and continuing along the east edge of a fence, in all a distance of 837.6 feet . to a steel rod for corner; •• Thence S 89° 43' w, clog► the north edge of the fence on the north line, ns occupied,of said Lewis tract, a distance of 264.0 feet 'to• a steel rod for corner on •• the west line of said 117 acre tract and the east line of the 55 acre tract conveyed to T. D. Turner by deed recorded in Volume 136, Page 574 of said Deed Records; Thence N 00° 36' E, along the old fence rag of trees and turn row on the east line of said Tiirner tract • and the east line of another Turner 55 acre tract . I described in Volume 131 , Page 555 of said Deed Records, a distance of 1863.6 feet to a pipe for corner on the i south line of the 60 acre tract described in deed to ' Edward Ray Donihoo, et ux, recordod in Volume 549, Page 1.61 of said Deed Records, said pipe being on the center line of a turn row running west and 11 feet . south of a turn row running east; ' Thence H 39° 28' E, along the south line of said Donihoo tract, a distance of 848.6 feet to a steel • rod found, the southwest corner of said Campbell tract; Thence S 87° 20' E, along the south line of said Campbell tract, being along the south high bank of a deep drainage ditch, a distance of 1062.4 feet to the place of beginning; 1 • Crr,t.ntning 1113 .t78 aer,:s, including 0.771 acre: in tho • north ?c .C.. fc,_.,, of .,;,id r ;gi, or 11:).1e07 acre:, not. ip • • kl( 11 N A ,../_ ARR3 Fax:214-562-0202 Mar 14 '96 16:52 P.02/04 CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A 114.17 ACRE TRACT OF LAND,MORE OR LESS, SITUATED IN THE CITY OF WYLIE, TEXAS IN THE JOHN W. MITCHELL SURVEY, ABSTRACT NO. 589 OF THE LAND RECORDS OF COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN Ei uCT AND HEREINAFTER ADOPTED; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas("City Council") on March 13, 1996 received a Petition from Wm. E. Campbell,Jr. -McCreary Rd. Ltd. Partnership,Wm. E. Campbell, General Partner, requesting annexation of an approximately 114.17 acre tract of land in Collin County,Texas pursuant to Sec. 43.028, Local Government Code(the"Petition"); and WHEREAS, the City Council finds the Petition submitted complies with the Local Government Code;and WHEREAS, the City Council finds that the property the subject of this Ordinance is within the extraterritorial jurisdiction of the City of Wylie,Texas("Wylie")and is adjacent and contiguous to the existing city limits of Wylie;and WHEREAS, the City Council finds the field notes of the property the subject of this Ordinance close;and WHEREAS, the City Council finds that the property the subject of this Ordinance is one- half mile or less in width;and WHEREAS,the City Council finds that the property the subject of this Ordinance is vacant and without residents; and ORDINANCE ANNEXING 114.17 ACRES IN THE JOHN W.MITCHELL SURVEY IN COLLIN COUNTY,TEXAS-Page 1 DANIAmboz8lwyllelwneYl2campbelloid\94O272.2O2 ARRJ Fax:214-562-0202 Mar 14 '96 16:53 P.03/04 WHEREAS,the City Council finds that it heard the Petition and arguments for and against the annexation on March 19, 1996; and WHEREAS, the City Council finds that it granted the Petition on March 19, 1996; and WHEREAS, the City Council finds the proposed service plan was available for review and inspection by citizens; and WHEREAS, the City Council finds it has completed the annexation process in compliance . with all applicable statutes;and WHEREAS, all legal notices required for annexation have been given in the manner and form set forth by law; and WHEREAS,the City Council has investigated and determined it will be advantageous and beneficial to Wylie and its inhabitants to annex such territory to Wylie; NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The property described as follows all public streets, roadways and alleyways located within or contiguous to the same be and the same is hereby annexed to Wylie, to-wit: Said tract of land situated in Collin County, Texas,being all of a called 114.17 acre tract of land,more or less, in the John W. Mitchell Survey, Abstract No. 589,located in Collin County, Texas. Said tract is more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes. SECTION 2: The Service Plan for such territory is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, said territory shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of ORDINANCE ANNEXING 114.17 ACRES IN THE JOHN W.MITCHELL SURVEY IN COLLIN COUNTY.TEXAS-Y*ge 2 DA\ UnboxSaryReNsoneeecanap eTdl940272.202 ARRJ Fax:214-562-0202 Mar 14 '96 16:54 P.04/04 the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and it shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Agricultural Zoning Classification. SECTION 5: Should any part or portion of this Ordinance, or of the use created herein affecting the aforementioned property,be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided any and all remaining portions and those provided for within this Ordinance shall remain in full force and effect. SECTION 6: This Ordinance shall be effective immediately upon its adoption. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 19th day of March 1996. JIM SWARTZ,Mayor ATTEST TO: APPROVED AS TO FORM: SUSAN SHULER RICHARD M. ABERNATHY City Secretary City Attorney Date of Publication: , Wylie Enterprise ORDINANCE ANNEXING 114.17 ACRES IN THE JOHN W.MITCHELL SURVEY IN COLLIN COUNTY.'11XAS-Page 3 DA' 1nnbosfiwyfkbnnealzwnpbdlord1940272.202 RRRJ Fax:214-562-0202 Mar 15 '96 9:32 P.03 CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO. DATE OF ANNEXATION ORDINANCE: MARSH 19, 1996 ACREAGE ANNEXED: 114.17 ACRES,MORE OR LESS SURVEY, ABSTRACT&COUNTY: JOHN MITCHELL SURVEY, ABSTRACT NO. 589, LOCATED IN COLLIN COUNTY, TEXAS Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas, at the following levels and in accordance with the following schedule: A. PQLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City of Wylie, Texas,extends police service to any other area of the municipality, will be provided within sixty(60)days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography,land utilization and population density within the area as determined by the City Council within two (2)years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection and emergency ambulance equipment by the present personnel and the present equipment of the Fire Department,within the limitations of available water and distances from existing fire stations, and in a mariner consistent with any of the methods of the City of Wylie, Texas, extends fire service to any other area of the municipality, will be provided to this area within sixty(60) days of the effective date of the annexation ordinance. SERVICE PLAN FOR ANNEXED AREA-page i r:bnbxBbvyYelwaeeiteervtce pin ARRJ Fax:214-562-0202 Mar 15 '96 9:33 P.04 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography,land utilization and population density within the area as determined by the City Council within two(2)years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area,the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to,weed and brush ordinances,junked and abandoned vehicle ordinances and animal control ordinances, chall be provided within this area sixty(60)days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty(60)days of the effective date of the annexation ordinance. 2. Inspection services, including the review of building plans,the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty(60)days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty(60) days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City of Wylie,but not mentioned above, will be provided to this area beginning within sixty(60)days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as arc furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty(60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES SERVICE PLAN FOR ANNEXED AREA-Page 2 IAn box$1w71k'annrslxrriccpio ARRJ Fax:214-562-0202 Mar 15 '96 9:34 P.05 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty(60)days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans, policies and programs and decisions of the City of Wylie. This property will be included in all plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall,upon dedication to and acceptance by the City,be maintained and operated by the City of Wylie,but not otherwise. F. SOLID WASTE COLLECTION l. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty(60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City of Wylie,upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty(60) days of the effective date of the annexation ordinance. G. STREETS 1. The City of Wylie's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty(60)days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City of Wylie. 2_ As development, improvement or construction of streets to City standards commences within this property,the policies of the City of Wylie with regard to participation in the costs thereof acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City of Wylie as is provided to City streets throughout the City. SERVICE PLAN FOR ANNEXED AREA-Page 3 I:LrboxglwyI\ W.X\$ervlcc.pla ARRJ Fax:214-562-0202 Mar 15 '96 9:35 P.06 4. Street lighting installed on streets improved to City standards shall be maintained accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Until development commences on this property,the owner agrees the City does not have an obligation to extend water services to the property. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty(60)days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. I. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty(60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable City ordinances and regulations. Until development commences on this property, the owner agrees the City does not have an obligation to extend water services to the property. J. MISCELLANEOUS SERVICE PLAN FOR ANNEXED AREA-Pane 4 l:lmboxx1w7lie1annexlseevke.pla ARRJ Fax:214-562-0202 Mar 15 '96 9:35 P.07 1. My facility or building located within the annexed area and utilized by the City of Wylie in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60)days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administration and administrative services of the City shall be available to the annexed area beginning within sixty(60)days of the effective date of the annexation ordinance. 3. Owner agrees to the existing level of service to the area even though those services may be in existence in the area of this annexation immediately preceding the date of the annexation and/or they are otherwise available in other parts of the municipality with land uses . and population density similar to those reasonably contemplated or projected within this annexation. 4. Owner agrees this Service Plan does not require a uniform level of municipal services to be provided to each area of the City if different characteristics of topography, land use, and population density are considered by the City a sufficient basis for providing different levels of service. SERVICE PLAN FOR ANNEXED AREA-Page S I:Lab atcatylle annestxrrke.pba Wylie City Council if Cm Agenda Communication for March 12, 1996 Approval of Resolution for the Reconstruction of Steel Road Issue Discuss and consider approval of a Resolution for the reconstruction of Steel Road. Background Mr. Scott Foster, President of Apex Plastics and Tooling Inc. has approached the Development Corporation and the City regarding the possibility of repaving Steel Road. Mr. Foster has indicated that he is wishing to build a new building on Steel Road in order to expand his business and add approximately 20 new employees. The current condition of Steel Road, however, is such that he is reluctant to make the investment. The City's engineer prepared cost estimates for three reconstruction options for Steel Road including: 1. A 2 inch asphalt overlay with an approximate lifespan of 2 - 4 years at a cost of $63,000; 2. Pulverize the existing street and work to a total thickness of 9 inches with a 3 - 4 inch asphalt cap with an approximate lifespan of 7 - 10 years at a cost of$113,000; or, 3. A new concrete, curb and gutter street costing approximately $670,000. Option#2 was determined to be the most logical and cost effective option. During their January 16 meeting, the Development Corporation met with Mr. Foster to discuss possible alternatives. The proposal being brought before the City Council consists of the City and the Development Corporation each contributing approximately $50,000 toward the reconstruction costs, and the property owners adjacent to Steel Road contributing the balance of the funding required, in addition to dedicating the appropriate amount of public right-of-way needed for the project. A meeting with the City's consulting engineer and the Steel Road business and property owners is scheduled for March. Among the issues to be discussed is the drainage in the area. Financial Considerations Steel Road will be the access road for the new water tower and can be considered an integral part of the infrastructure needed for the operation of the tower. Because the water tower project is currently under budget, the funding for the Steel Road reconstruction is available. This project will come back to the Council through the formal bid process. If the actual bids vary significantly from the estimated costs, this proposal may be reevaluated at that time. Legal Considerations Revenue Bond were approved by voters in 1995 for water and wastewater projects including the construction of a $750,000 Elevated Water Tower and related improvements. Board/Commission Recommendation The Development Corporation considered this project during their January 16 meeting, and responded favorably to the Steel Road business and property owner's proposal. Because all Development Corporation expenditures exceeding $50,000 must be approved by the City Council, the Corporation chose to not take formal action until after the Council takes formal action. Staff Recommendation Staff recommends that the Council approve the Resolution regarding the shared costs for the reconstruction of Steel Road, contingent on the affected property owners contributing their share of the funding and dedicating the appropriate amount of right-of-way as needed, and the project bids reflecting the estimated $113,000. Attachment N/A ,,� o `A Prepared & pproved By City Manager Approval RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS APPROVING THE RECONSTRUCTION OF STEEL ROAD WITH JOINT PARTICIPATION BY THE CITY OF WYLIE, THE DEVELOPMENT CORPORATION OF WYLIE AND THE BUSINESS OWNERS ON STEEL ROAD WHEREAS, Steel Road business owners submitted a letter requesting the City of Wylie (City) and the Development Corporation of Wylie (DCW) participate in funding improvements to Steel Road on January 9, 1996; and, WHEREAS, it is strongly believed by those owners that if improvements are made to Steel Road that private investment will follow with new business expansions and relocations; and, WHEREAS, the contribution on the part of the business owners represents both symbolically and financially, a commitment to Wylie; and, WHEREAS, the City recognizes that the option selected to provide an asphalt overlay is not the permanent solution, and is temporary until financing can be arranged for a concrete street; and, WHEREAS, the contributions of the DCW and the City represent an investment in the economic viability of a business park located at a gateway into our Community. NOW THEREFOR BE IT RESOLVED THAT the City of Wylie agrees to pay an amount not to exceed $50,000 for the resurfacing of Steel Road by pulverizing the existing street, working to a total thickness of 9 inches with a 3 -4 inch asphalt cap which will yield a lifespan of 7 - 10 years. This agreement is contingent on the following conditions: 1. The contribution of an amount not less that $13,000; and, 2. The donation of the necessary right-of way required for the Steel Road project. 3. The project bids reflect the estimated $113,000. DULY PASSED AND APPROVED on this the 12th day of March, 1996. James D. Swartz, Mayor Susan Shuler, City Secretary Wylie City Council #3 Agenda Communication for March 12, 1996 Appointment of Ad Plot Planning Committee to Meet Jointly with WISD Issue Discuss and consider the appointment of an ad hoc Planning Committee to meet jointly with the Wylie Independent School District (WISD) regarding the development of the Central Park Athletic Field Complex. Background During the January 9, 1996 City Council meeting, the Council approved a Joint Use Agreement between the City and the WISD regarding the use of the 150 acre Central Park property located at FM 1378 and FM 544, south of the new WISD High School campus. The Agreement established a Planning Committee which will oversee the planning and design of the Park. The Planning Committee will consist of two members appointed by the Council and two members appointed by the WISD in addition to designated staff members to be appointed by the City Manager and the Superintendent. The Committee will continue the process of identifying the specific location for each facility within the Park and will identify the method and source of funding for the facilities. J.T. Dunkin and Associates, the consultants who developed the Parks and Open Space Master Plan and the conceptual plan for the park, will be a resource for the Committee. The work of the Planning Committee is not only critical to the success of the joint use of the property but also to the success of the grant application with the Texas Parks and Wildlife Department. The Committee may also meet as needed to ensure compliance with the policies established, such as maintenance and facility use policies, and to resolve any issues which may arise. Financial Considerations The Planning Committee will identify the financial obligations for both the City and the WISD. The Joint Use Agreement states: The site development costs shall generally be incurred by the primary using entity. In the case of joint development of facilities, such as parking lots, each entity will pay its own proportionate share of the costs consistent with applicable State law and local policies. The respective shares will be mutually agreed upon in advance by the respective governing bodies, based on the proportionate benefit to each entity. Legal Consideration Upon agreement of the joint committee, both parties will agree to the terms and conditions set forth in V.T.C.S. Chapter 791 of the Texas Government Code. Board/Commission Recommendation N/A Staff Recommendation Staff recommends that the Council appoint a member of the Parks and Recreation Advisory Board to the Planning Committee. Their experience with the regular oversight of Wylie's parks and in setting park and recreation policy would be a valuable perspective to the Planning Committee. Attachment Joint Use Agreement 1114')1 iik4 - edQ, �V'"�'Prepared & In - —)proved By City Manager Approval JOINT USE AGREEMENT - CENTRAL PARK/ATHLETIC FIELD COMPLEX WYLIE INDEPENDENT SCHOOL DISTRICT CITY OF WYLIE POLICY Through the adoption of a joint Resolution, the WISD and the City have established a working partnership by which the two entities agree to actively support each other's missions at all levels of their organizations in order to provide for the continuous improvement of services to the community. Specifically, WISD and the City recognize that a cooperative effort to provide such services as park and recreational facilities will result in the provision of higher quality services at lower costs to the citizens of Wylie. PURPOSE The purpose of this Joint Use Agreement is to define, subject to later agreements, the implementation of the joint use of the Central Park area (the Property), the methodology by which such joint use shall be shared during the term of this agreement, the method of communications between the parties, and general administrative issues. The rules and regulations contained in this Joint Use Agreement shall be reviewed and renewed annually with the goal of maintaining an efficient procedure for implementing joint use of the Property which is mutually beneficial to the WISD and the City. PLANNING, DESIGN AND IMPLEMENTATION It is recognized that the WISD has the responsibility for designing and providing facilities for educational purposes and the City shares similar responsibilities for recreational purposes. This Joint Use Agreement acknowledges the need for joint planning and design of the facilities to more effectively use the tax dollar through joint utilization. Toward this effort, each entity shall be represented in the planning and design process through the establishment of a Planning Committee to consist of two members appointed by the WISD and two members appointed by the City in addition to designated staff to be determined by the Superintendent and the City Manager. Through this committee, either entity may request that features be included in the plan, at their expense, which may be of benefit for their programming but not normally provided by the other entity. The same committee may meet as needed to ensure compliance with the procedures and to resolve any issues which may arise. PROGRAMMING/APPROVED USES WISD and the City agree to cooperate with each other for the operation of the Property. The scheduling and coordination of the Property shall be governed by the following provisions. The individual responsible for scheduling events and representing the WISD shall be the Superintendent, or his designee. The individual responsible for the scheduling of events and representing the City shall be the City Manager or his designee. The WISD shall have scheduling responsibilities and priority use of the Football Stadium and WISD practice fields. The City shall have scheduling responsibilities and priority use of the soccer fields and the softball/baseball complex. The WISD and the City agree to supply to each other any known scheduled use of the fields and park area as soon as those schedules become available. All facilities shall be available to the general public as scheduling permits. Consideration should be given to the provision of service by one entity to the other to prevent duplication of services where one entity possesses the expertise, staff, equipment and facility to better provide the service. MAINTENANCE The maintenance of grounds, equipment and facilities utilized for joint programming shall be performed as agreed by both entities in such a manner as to realize the greatest savings to the taxpayer, and which best meets the standards adopted for specific facilities. CAPITAL EXPENDITURES Both parties anticipate that additional capital expenditures will be required from time to time to improve the joint facilities, to replace existing improvements and equipment, and to acquire or develop other facilities. All capital expenditures shall require the consent and approval of both entities and allocation of the cost and expense thereof, and any other matters relating to such capital expenditures shall be made by agreement of the entities. FINANCES The site development costs shall generally be incurred by the primary using entity. In the case of joint development of facilities, such as parking lots, each entity will pay its own proportionate share of the costs consistent with applicable State law and local policies. The respective shares will be mutually agreed upon in advance by the respective governing bodies, based on the proportionate benefit to each entity. AMENDMENT This Agreement is dynamic in nature and is subject to change with the mutual agreement of both the WISD and the City.