08-12-2003 (City Council) Agenda Packet NOTICE OF MEETING
WYLIE CITY COUNCIL AGENDA
Tuesday, August 12, 2003
6:00 p.m.
Wylie Municipal Complex—Council Chambers/Council Conference Room
2000 State Highway 78 North
Wylie,Texas 75098
CALL TAD ORDER
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roun::t ike.0 A. Approval of the Minutes from the Called Meeting of July 21, 2003, the Regular Meeting of July 22,
2003, and the Work Session of July 29, 2003.
ItDUA (i<ISIflRATf3i
1. Consider and Act Upon Accepting the proposed Ad Valorem Tax Rate and Calculation of an Effective Tax Rate
for Fiscal Year 2003-2004.
Executive Summary
In accordance with the"Truth in Taxation"laws of the State of Texas,notices must be published and a public hearing must be held if an
entity's proposed tax rate exceeds 103 percent of the effective tax rate. Therefore,the City is required to vote on the proposed tax rate
and publish the results of the roll call vote on the proposed tax rate.
2. Consider and Act Upon the Master Contract for Paramedic Ambulance Services between East Texas
Medical Center d/b/a East Texas Medical Center Emergency Medical Service("ETMC-EMS")and the City of
Wylie, Texas and other Southeast Collin County Coalition Members including the City of Lavon, Lucas,
Murphy, Parker, Collin County, and St. Paul for the period of October 1, 2003 - September 30, 2008 and
approval of the Interlocal Cooperation Agreement for Emergency Medical Services Coalition between the City
of Wylie and other members of the southeast Collin County EMS Coalition and east Texas Medical Center.
Executive Summary
The City of Wylie entered into an Interlocal Cooperative Purchasing Agreement for Ambulance Services with the cities of Sachse,St.
Paul,Murphy,Lucas,Lavon and Parker. This interlocal agreement established the ad hoc Southeast Collin County EMS Coalition.The
construction of the original contract originated in 1998 and has suited the Coalition with minor amendments throughout the past five
years. On October 1,2003,the City of Sachse will begin operating their own ambulance service and terminating their agreement with
the Coalition.
The Southeast Collin County E.M.S.Coalition has voted to approve these contracts and city appointed representatives will be taking the
contract back to each of the member's cities for approval during the month of August.
3. Consider and act upon approval of Ordinance #2003-15 adopting changes and additions to the Fire
Department/Dispatch Service Alarm Monitoring Program Rates and Fees schedule.
Executive Summary
The City of Wylie has an ordinance regulating fees that allows the city to charge for services rendered by city departments that have
been approved by City Council.The attached is a list of fees and proposed charges that are based on area cities providing like services.
These services are provided by the Fire Department and Dispatch Services Alarm Monitoring Program.
Occasionally,it is necessary to adjust fees in order to keep up with rising costs in relation to city expenses.Cities undergoing similar
growth enact permits and fee schedules in order to maintain a high level of a service and ensure fire safety issues important to public
safety have been addressed. See attachments for explanations.
4. Consider and act upon an Ordinance annexing all of a certain 17.419 acre tract of land out of the Francisco de la
Pina Survey,Abstract 688,Collin County,Texas,and generally located south of Brown St.,east of Kreymer.
Executive Summary
A request for voluntary annexation has been submitted by the owner of the above referenced property. The property is located east of
Kreymer and south of Brown Street. Both required public hearings have been satisfied with no opposition to the annexation. Staff
recommends that Ordinance#2003-16 be approved.
Notice published for Public Hearings July 9,2003
First Public Hearing July 21,2003
Second Public Hearing July 22,2003
Adoption of Ordinance August 12,2003
5. Consider and act upon an Ordinance annexing all of a certain a.83 acre tract of land out of the James
Truett Survey,Abstract 920, Collin County, Texas,and located at 520 N.Ballard.
Executive Summary
A request for voluntary annexation has been submitted by the owner of the above referenced property. The property is located east of
Kreymer and south of Brown Street. Both required public hearings have been satisfied with no opposition to the annexation. Staff
recommends that Ordinance#2003-16 be approved.
Notice published for Public Hearings July 9,2003
First Public Hearing July 21,2003
Second Public Hearing July 22,2003
Adoption of Ordinance August 12,2003
6. Consider and act upon awarding a contract for audit services to Rutledge Crain & Company, PC for
Fiscal Year 2002-2003.
Executive Summary
The City is required to engage independent outside auditors annually (see "Other Considerations"). In 1996 a Request for Proposal
(RFP)for audit services was completed and the audit firm of Pattillo,Brown,&Hill,L.L.P.was selected.Pattillo,Brown,&Hill,L.L.P.
has audited the City the past seven fiscal years,beginning with Fiscal Year 1995-96. It is recommended that municipalities schedule
audit firms on a three to five year rotation. Therefore,a Request for Proposal(RFP)was issued for the selection of a new audit firm for a
period up to five years. Proposals were received from two audit firms on July 21,2003. The Finance and Assistant Finance Directors
evaluated the technical proposals,then the sealed dollar cost bids were opened and added to the technical evaluation results.After careful
deliberation,the Finance Staff recommends the audit firm of Rutledge Crain&Company,PC to perform the audit for September 30,
2003,with the option of auditing each of the four subsequent fiscal years.
WOE ISSIONi
• Budget Work Session
• Sign Regulation Ordinance Work Session
INDI DU.A ,CONSUW ` 'IOl!T
7. Consider and act upon Ordinance#2003-14, adopting new sign regulations, repealing Ordinance#2002-27 and
repealing all conflicting ordinances.
Executive Summary
Last August,the City Council adopted new sign regulations. Two issues were specifically discussed at the council meeting regarding the
new regulations. The first issue involved the appeal process. A question arose whether the Board of Adjustment had final authority over
sign variances or if someone had a right to appeal the decision of the Board of Adjustment to the City Council. The second issue involved
directional signs for residential subdivisions. The new ordinance only allowed for directional signs that were off-premise to be placed in
the public right-of-way.
The proposed ordinance attempts to resolve the two issues above as well as several other issues that staff feels should be changed See
attached item for additional changes.
OP ORDl 1" C� 1<'fT l CAM ONAPPRON% BYMMINCI AS RI OTtMD BY:
2003-14 2003-15 2003-16 2003-17
In accordance with Chapter 551, Government Code,Vernon's Texas Code Annotated(Open Meeting Act), Section 551.
SS 551.072 Deliberatithi Regarding Real Property;Closed'Meeting
A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real
property if deliberation in an open meeting would have a detrimental effect on the position of the governmental
body in negotiations with a third person.
• Discussion of Alanis Property
• Discussion of real property near the intersection of Highway 78 and Oak Street
RECON'C NE::INTO OPEN iEEI'IN+I;
Take any action as a result of the Executive Session.
• Discussion of Alanis Property
• Discussion of real property near the intersection of Highway 78 and Oak Street
ADJ�OU TENT
In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open
meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be
open. Should Council elect to convene into Executive Session,those exceptions will be specifically identified and announced. Any
subsequent action,as a result of this Executive Session,will be taken and recorded in open session.
I certify that this Notice of Meeting was posted on this 8th day of August, 2003 at 5:00 p.m. as required by law in accordance
with Section 551.042 of the Texas Government Code and that the appropriate news media contacted. As a courtesy,this agenda
is also posted to the City of Wylie Website at www.ci.wylie.tx.us
Carole Ehrlich,City Secretary Date Notice Removed
The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be
requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170.
MINUTES
Wylie City Council
Monday, July 21, 2003 — 6:00 p.m.
Wylie Municipal Complex—Council Chambers
2000 State Highway 78 North
CALL TOtEll
Mayor Mondy called the meeting to order at 6:00 p.m. with the following Council members present: Mayor Pro
Tern, Eric Hogue, Councilwoman Reta Allen, Councilman Chris Trout,and Councilman J. C. Worley present and
Councilman Merrill Young and Councilman Randal Shinn absent.
Staff members present were: City Manager, Biff Johnson; Assistant City Manager, Mindy Manson; City Attorney,
Richard Abernathy, and City Secretary, Carole Ehrlich.
Mayor Pro Tern Eric Hogue gave the invocation and Councilman Chris Trout lead the Pledge of Allegiance.
There were no citizens present to address the council.
Public Hearings
1. Hold the first of two Public Hearings for the annexation of a 17.419 acre tract of land out of the Francisco de la
Pina Survey, Abstract 688, Collin County, Texas,and generally located south of Stone Road, east of Kreymer.
Staff Comments
Ms. Mindy Manson, Assistant City Manager addressed this item, providing Council with a brief background on
the request for annexation. Ms. Manson provided a description of the property location and detailed the
annexation schedule. She stated that the second public hearing is scheduled for tomorrow evening, June 22, 2003
at 6:00 p.m. with consideration of approval by ordinance on August 12, 2003. She stated that this annexation is at
the request of the property owner. Should the City Council approve the proposed annexation,the property will be
zoned as A(Agricultural).
Council Discussion
Mayor Mondy asked Ms. Manson what water district the property was in. Ms Manson stated that it was in the
East Fork District. Mayor Mondy asked how the annexation/development process worked once the annexation
was approved and how the development process was brought forward. Ms. Manson stated that the City would
contact the development company and give them information pertaining to the water district and require from the
developer some type of documentation showing confirmation that the water district had signed off on the
development before presentation to council for plat approval.
Mayor Mondy opened the Public Hearing on the annexation at 6:02 p.m.
Minutes—July 21,2003
Wylie City Council
Page 1
Public Comments
Mr. Scott Massey of Eagleton Capitol Corporation addressed the council. Mr. Massey stated that he was
affiliated with the company who presently has the property under contract. The development consists of three
pieces of land. This property is comprised of about 85 acres in total. He stated that the property addressed tonight
was the only property of the three mentioned that was not already annexed into the City of Wylie. He said the
reason they needed this piece of land was to complete a parks and trail system thru the back of the property. He
also stated they would be going before the Parks Board on July 28, 2003 addressing that issue.
Mayor Mondy closed the public hearing at 6:03 p.m.
2. Hold the first of two Public Hearings for the annexation of a .83 acre tract of land out of the James Truett
Survey, Abstract 920, Collin County, Texas,and located at 520 N. Ballard.
Staff Comments
Ms. Mindy Manson, Assistant City Manager addressed this item, providing Council with a brief background on
the request for annexation. Ms. Manson provided a description of the property location and detailed the
annexation schedule. She stated that the second public hearing is scheduled for tomorrow evening, June 22, 2003
at 6:00 p.m. with consideration of approval by ordinance on August 12, 2003. She stated that this annexation is at
the request of the property owner. Should the City Council approve the proposed annexation,the property will be
zoned as A(Agricultural).
Council Discussion
Mayor Mondy asked Ms. Manson if the property was already under construction. Ms Manson stated that there
was an existing building there that had been a TV repair store just east of the tracks on the north side of Allen.
Mayor Mondy opened the Public Hearing at 6:04 p.m.
There was no one present to address the council.
Mayor Mondy closed the Public Hearing at 6:06 p.m.
EXECUTI' ESE ION..
Mayor Mondy then adjourned into Executive Session in accordance with Chapter 551, Government Code,
Vernon's Texas Code Annotated (Open Meeting Act), Section 551.074 Personnel Matters to deliberate the
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or
employee; (City Manager's Evaluation), and Section 551.071, Government Code. Meeting with city attorney
concerning potential litigation and on a matter in which the duty of the city attorney under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act, at 6:06 p.m.
RECON E INTO O E M
Take any action as a result of the Executive Session.
Mayor Mondy reconvened into open session at 7:10 p.m.
Minutes—July 21,2003
Wylie City Council
Page 2
No action was taken as a result of the Executive Session.
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With no further business to come before Council,the meeting was adjourned at 7:11 p.m.
John Mondy,Mayor
ATTEST:
Carole Ehrlich, City Secretary
Minutes—July 21,2003
Wylie City Council
Page 3
MINUTES
Wylie City Council
Tuesday, July 22, 2003 — 6:00 p.m.
Wylie Municipal Complex—Council Chambers
2000 State Highway 78 North
Mayor Pro Tern Eric Hogue called the meeting to order at 6:03 p.m. with the following Council Members
present: Councilwoman Reta Allen, Councilman Chris Trout, and Councilman J. C. Worley. Mayor John
Mondy, Councilman Merrill Young, and Councilman Randal Shinn were absent.
Staff members present were: City Manager, Biff Johnson; Assistant City Manager, Mindy Manson; Finance
Director, Brady Snellgrove; Planning Director, Claude Thompson; City Engineer, Chris Holstead; Public
Information Officer, Mark Witter, and City Secretary, Carole Ehrlich
Assistant Finance Director, Ron Hutchison gave the invocation and Councilwoman Reta Allen lead the Pledge
of Allegiance.
There was no one present to address the Council.
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A. Approval of the Minutes from the Regular Meeting of July 8, 2003 and Special Called Meeting of
July 14, 2003.
B. Consider and Act upon Resolution #2003-14 (R) approving the Interlocal Agreement between the
Cities of Allen, Frisco, Plano, and the City of Wylie for use of the Allen, Frisco, and Plano 800 MHz
Trunked Communications System.
C. Consider and act upon authorizing the City Manager to execute and award a contract to The Hogan
Corporation, in the amount of$34,200 for engineering services related to the replacement of the west
extension of the Muddy Creek regional sewer system.
D. Consider and act upon authorizing the City Manager to execute and award a contract to The Hogan
Corporation, in the amount of $46,500 for engineering services related to paving and utility
improvements along Cotton Belt, Jackson, and Cooper Streets.
E. Consider and act upon a Final Plat for Lot 1, Block A of the Chili's— F.M. 544 Addition, being all of
a certain 1.628 acre tract of land and being a part of a called 45 acre tract, generally located north of
FM 544 and east of Westgate Way, as described as Tract One in a deed to Sal Del Rey Properties in
Minutes—January 22,2003
Wylie City Council
Page 1
E. Consider and act upon a Final Plat for Lot 1, Block A of the Chili's— F.M. 544 Addition, being all of
a certain 1.628 acre tract of land and being a part of a called 45 acre tract, generally located north of
FM 544 and east of Westgate Way, as described as Tract One in a deed to Sal Del Rey Properties in
Volume 1663, Page 451 of the Deed Records of Collin County, Texas (DRCCT), and being situated in
the E.C. Davidson Survey,Abstract No. 266,City of Wylie, Collin County, Texas.
A motion was made by Councilman Trout, seconded by Councilman Worley to approve the Consent Agenda.
A vote was taken and passed 4-0.
Public Hearings
1. Hold the second of two Public Hearings for the annexation of a 17.419 acre tract of land out of the
Francisco de la Pina Survey,Abstract 688, Collin County, Texas, and generally located south of Stone
Road, east of Kreymer.
Staff Comments
Ms. Mindy Manson, Assistant City Manager addressed this item, providing Council with a brief background on
the request for annexation. Ms. Manson provided a description of the property location and detailed the
annexation schedule. She stated that this was the second of two public hearings after which consideration of
approval by ordinance was scheduled for August 12, 2003. She stated that this annexation is at the request of
the property owner. Should the City Council approve the proposed annexation,the property will be zoned as A
(Agricultural).
Mayor Pro Tem Hogue opened the Public Hearing on the annexation at 6:04 p.m.
There was no one present to address the Council.
Mayor Pro Tern Hogue closed the Public Hearing at 6:06 p.m.
2. Hold the second of two Public Hearings for the annexation of a.83 acre tract of land out of the James
Truett Survey,Abstract 920, Collin County, Texas, and located at 520 N.Ballard.
Ms. Mindy Manson, Assistant City Manager addressed this item, providing Council with a brief background on
the request for annexation. Ms. Manson provided a description of the property location and detailed the
annexation schedule. She stated that this was the second of two public hearings after which consideration of
approval by ordinance was scheduled for August 12, 2003. She stated that this annexation is at the request of
the property owner. Should the City Council approve the proposed annexation,the property will be zoned as A
(Agricultural).
Mayor Pro Tem Hogue opened the Public Hearing on the annexation at 6:07 p.m.
There was no one present to address the Council.
Mayor Pro Tem Hogue closed the Public Hearing at 6:08 p.m.
Minutes—January 22,2003
Wylie City Council
Page 2
Consideration and Action
3. Consider and Act upon authorizing the purchase of a new financial computer system from
INCODE,INC.
Staff Comments
Mr. Brady Snellgrove addressed the Council stating that the City purchased its current computer system from
CPS Systems (CPS) in August of 1992 for a total cost of$81,360.00. The system purchased from CPS consisted
of various financial software modules, hardware and a cabling network only for use in the Finance Department.
CPS went bankrupt in 2001 and United Systems Technology, Inc. now services their software. Incode is
located in Lubbock, Tx. and is a wholly owned subsidiary of Tyler Technologies, Inc. Incode was founded in
1981 and began specializing in software and services for local governments in 1984. Their software is widely
used by cities from a population of 2,000 to 100,000. Incode specializes in being the high quality vendor in the
market for cities in the 5,000 to 50,000 population range. The major difference between the old finance system
and the new system is that all city departments will have on line access to reports, initiate purchasing
requisitions, submit time sheets and many other services. He stated that the system cost was $177,535.and
annual maintenance would run$20,634,which is in the proposed 2003-2004 budget.
Council Discussion
Councilman Trout asked how much the current annual maintenance was on the existing unit. Mr. Snellgrove
stated that it ran around $12,000 per year but that was for the Finance Department only. There will be a lot
more modules to serve with the new system and every department will have access to their information.
Councilman Trout asked about the security of the system. Mr. Johnson asked the representative present from
Incode to address that question.
Consultant/Representative Comments
Patrick Boswick, local representative of Incode, Inc. addressed the council. He stated that the system was
devised to handle security on several levels: can they modify existing records, can they add brand new records
into the system, can they delete existing records from the system. He stated that all the user's rights and
privileges basically filtered in these ways. Mr. Johnson asked about the fire walls. Mr. Boswick stated it would
be a function of the server itself. He stated it was not in his realm of expertise but the security within the City's
hardware would be the front line of defense for that.
Council Action
A motion was made by Councilman Worley, seconded by Councilman Trout to authorize the purchase of a new
financial computer system from Incode, Inc. A vote was taken and passed 4-0.
• 1999 Bond Project Update
• Sign Regulation Ordinance Work Session
It was the consensus of the Council to table the Work Session for 1999 Bond Project Update and the Sign
Regulation Ordinance Work Session until a full council was present.
Minutes—January 22,2003
Wylie City Council
Page 3
'LVWUAL CONSIDER, TIO
4. Consider and act upon Ordinance No. 2003-14, adopting new sign regulations, repealing Ordinance number
2002-27 and repealing all conflicting ordinances.
A motion was made by Councilman Worley, seconded by Councilman Trout to table item four (4.) until a full
Council was present and a Work Session could be held. A vote was taken and passed 4-0.
'IREADINC OF ORDDINANI > T TL1 A; i.FTION AFFI iOVED Rr COV TCIL ASr R.l QDIRED 8Y
There were no ordinances to read into the record.
A motion was made by Councilman Worley, seconded by Councilman Trout to adjourn the meeting at 6:15 p.m. A vote
was taken and passed 4-0.
John Mondy,Mayor
ATTEST:
Carole Ehrlich,City Secretary
Minutes—January 22,2003
Wylie City Council
Page 4
MINUTES
WYLIE CITY COUNCIL
Work Session
Tuesday, July 29, 2003
6:00 p.m.
Wylie Municipal Complex—Council Chambers/Council Conference Room
2000 State Highway 78 North
Wylie, Texas 75098
CALL:Tom`:°ORDEi ::..
Mayor Mondy called the meeting to order at 6:03 p.m. with the following council members present: Mayor Pro Tern
Eric Hogue, Councilwoman Reta Allen, Councilman J. C. Worley, and Councilman Chris Trout. Councilman Merrill
Young and Councilman Randal Shinn were absent.
The following staff members were present: Finance Director, Brady Snellgrove; Chief of Police, Jeff Butters; City
Engineer, Chris Hoisted; Library Director, Mignon Morse; Wylie Economic Development Director Sam Satterwhite;
Public Information Officer, Mark Witter,and City Secretary, Carole Ehrlich.
I.N VOCA`i ION #' , i OF A> GIAr l c
City Manager, Buff Johnson gave the invocation.
There was no one present to address the Council.
• Budget 2003-2004
Staff Comments
Mr. Biff Johnson addressed the Council stating that when staff and council met two weeks ago to review the 2004 fiscal
budget, there were a couple of things that Council said at that meeting that have had some consideration and brought
back in the proposed budget now presented. He stated that the proposed budget still showed a decrease to a$0.705 tax
rate and that another building inspector had been added along with cutting the part time secretary in parks and a
communication piece of equipment in the Fire Department. He stated that the goal of making these changes was to not
affect services that are currently in place while at the same time prioritizing the needs of the City Departments. He also
stated that the need for the building inspector outweighed the need for the part time secretary in the Parks Department
and the addition of Fire Department Personnel would enhance the services they provide.
Council Discussion
Council asked some questions pertaining to services in the building permit department and their desire to improve the
time involved with the current work load. Mr. Johnson stated that the inspection time would be improved with the
Minutes—July 29,2003
Wylie City Council
Page 1
addition of another inspector, but that the time element also depended on the volume of inspections requested to the
City. He stated that another inspector would definitely enhance the inspection process.
Dale Jackson, Building Official stated that with another inspector and some additional assistance by another permit
technician, the inspection process could be even more thorough and at the same time more inspections could be
performed.
Staff Comments
Finance Director, Brady Snellgrove addressed the Council. He reviewed some of the highlights of the proposed 2004
fiscal budget stating that the current tax rate would be reduced by 1 cent and the Preliminary Tax Roll of
$1,130,974.581 had an increase of$201,727,976 over last years tax base. The increase in the tax roll will generate an
additional $1,335,570 in tax revenues. He also stated that there would be no long-term debt issued in FY2004. He
stated that the Fund Balance for the proposed FY 2004 would be 13.4%for the General Fund and 20.0%for the Utility
Fund. Mr. Snellgrove presented the budget planning calendar stating that there would be no called meetings to satisfy
the budget hearing process. All meetings will be conducted on the Regular Sessions of the City Council.
Mr. Snellgrove introduced Karla Stovall, as the new Budget Analyst for the City.
Council Discussion
Some questions were posed in reference to the fund balances and reduction of taxes. Mr. Johnson stated that the fund
balance had a direct affect on bond ratings and should be kept high enough to address unforeseen disasters as well as a
good bond rating. He stated that interest rates on bonds are directly tied to the conservative planning of the City and
focus is given to the amounts held in the General and Utility Fund balances. He stated that taxes are going down and
hopefully will continue to be reduced while at the same time attention to fund balances will be an ongoing issue until
they are at a secure level.
Staff Comments
Wylie Economic Development Director, Sam Satterwhite was present to address the council on ongoing projects and
new projects for the year ahead.
With no further business coming before Council the meeting was adjourned at 7:40 p.m.
n Mondy,Mayor
ATTEST:
Carole Ehrlich,City Secretary
Minutes—July 29,2003
Wylie City Council
Page 2
WYLIE CITY COUNCIL
AGENDA ITEM NO. 1.
August 12, 2003
Issue
Consider and Act Upon Accepting the proposed Ad Valorem Tax Rate and Calculation of an Effective
Tax Rate for Fiscal Year 2003-2004.
Background
In accordance with the"Truth in Taxation"laws of the State of Texas, notices must be published and a
public hearing must be held if an entity's proposed tax rate exceeds 103 percent of the effective tax rate.
Therefore,the City is required to vote on the proposed tax rate and publish the results of the roll call
vote at least seven(7) days prior to the first scheduled public hearing on August 26t. The purpose of
the first public hearing is to give the taxpayers an opportunity to express their views on the increase. The
Council may not adopt the tax rate at this hearing. Instead, at the end of the hearing, it must set and
announce the date,time and place of the meeting at which it will note on the final proposed tax rate. The
second public hearing on September 9th to vote on the tax rate must take place no less than three(3)days
and no more than fourteen (14) days after the first public hearing.
The official detailed effective tax rate calculation is available in the office of the Collin County Tax
Assessor/Collector (Kenneth L. Maun) in McKinney. A copy is also maintained in the Finance
Department for the Council and public to view.
Financial Considerations
The proposed budget is based on the proposed tax rate of$0.705 per $100 valuation. This is the rate
previously discussed by the Council. Any change in the proposed rate will require revision of the
proposed budget.
Other Considerations
The City is required by law to follow certain meeting and notice(publication)guidelines as shown on the
attached calendar excerpt from the"Truth in Taxation" guide.
Staff Recommendation
It is recommended that the City Council approve the proposed tax rate and schedule the next required
public hearing on the tax rate for August 26, 2003.
Attachments
Resolution Reporting Record Vote
2003 Planning Calendar from the "Truth in Taxation" guide
2003 Property Tax Rates in the City of Wylie and Effective Tax Rate Calculation
Prepared by Revi ve by Fina ce City Manager Approval
RESOLUTION NO. 2003-15(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, ACCEPTING THE PROPOSED PROPERTY TAX RATE FOR
FISCAL YEAR 2003-2004; ACCEPTING THE CALCULATION OF AN
EFFECTIVE TAX RATE; ESTABLISHING A DATE FOR PUBLIC
HEARING ON THE PROPOSED PROPERTY TAX RATE; AND
PROVIDING FOR THE PUBLICAITON AS PROVIDED BY THE TEXAS
PROPERTY TAX CODE
WHEREAS, the City of Wylie has received the calculated effective tax rate as presented by the
Collin County Tax Assessor/Collector's Office; and
WHEREAS, the proposed tax rate exceeds 103 percent of the effective tax rate and the Statute
requires an additional public hearing in order to entitle the City Council to consider acceptance
and adoption of an ordinance levying a proposed tax rate of$0.705 per$100 valuation; and
WHEREAS, the Texas Property Tax Code Chapter 26, as heretofore amended, provides the
specific procedures in which to consider the proposed tax rate;
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Wylie, Texas,
SECTION 1. The City Council of the City of Wylie, Texas, does hereby accept the rate of
$0.705 per$100 valuation as the proposed property tax rate for fiscal year 2003-2004.
SECTION 2. The City Council of the City of Wylie, Texas, met in a public meeting on August
12, 2003,and accepted this resolution with a majority vote as follows:
Mayor John Mondy YEA NAY ABSTAIN ABSENT
Mayor Pro Tern Eric Hogue YEA NAY ABSTAIN ABSENT
Councilmember Reta Allen YEA NAY ABSTAIN ABSENT
Councilmember J.C. Worley YEA NAY ABSTAIN ABSENT
Councilmember Merrill Young YEA NAY ABSTAIN ABSENT
Councilmember Randal Shinn YEA NAY ABSTAIN ABSENT
Councilmember Chris Trout YEA NAY ABSTAIN ABSENT
SECTION 3. A public hearing shall be held on August 26, 2003, at 6:00 p.m. in the City
Council Chambers at the Wylie Municipal Complex, 2000 Highway 78 North, Wylie, Texas, to
receive public comment regarding the proposed tax rate.
SECTION 4. The content and vote taken on this resolution shall be published in the official
newspaper of the City as provided by the Texas Property Tax Code.
DULY RESOLVED by the City Council of the City of Wylie, Texas, on this the 12th day of
August 2003.
John Mondy, Mayor
Carole Ehrlich, City Secretary
2003 Planning Calendar
City of Wylie
May Mailing of notices of appraised value by chief appraiser.
May 15 Deadline for submitting appraisal records to ARB.
July 22 Deadline for ARB to approve appraisal records.
July 25 Deadline for chief appraiser to certify rolls to taxing units.
August Certification of anticipated collection rate by collector.
Aug 6 Calculation of effective and rollback tax rates.
Aug 6 Publication of effective and rollback tax rates;statement of schedules;submission to
governing body.
Aug 8 72-hour notice for meeting (Open Meetings notice).
Aug 12 Meeting of governing body to discuss tax rate: if proposed tax rate will exceed the
rollback rate or 103 percent of the effective tax rate (whichever is lower),take record
vote and schedule public hearing.
Aug 18 &20 "Notice of Public Hearing on Tax Increase" (1st quarter-page notice) published at least
seven days before public hearing. (18th McKinney paper,20th Wylie paper)
Aug 22 72-hour notice for public hearing (Open Meetings notice).
Aug 26 Public hearing:schedule and announce meeting to adopt tax rate 3-14 days from this
date.
Sept 3 "Notice of Vote on Tax Rate" (2nd quarter page-notice) published before meeting to
adopt tax rate. Also posted on web-site.
Sept 5 72-hour notice for meeting at which governing body will adopt tax rate.
Sept 9 Meeting to adopt tax rate. Meeting is 3-14 days before public hearing. Taxing unit must
adopt tax rate by September 30, or within 60 days of receiving certified appraisal roll.
2003 Effective Tax Rate Worksheet
Entity Name: City of Wylie Date: 07/30/2003
(Note:School districts are not required to publish an effective tax rate. School districts may complete this worksheet,at their option,
or may skip to the Rollback Tax Rate Worksheet.)
1. 2002 total taxable value.Enter the amount of 2002 taxable value on $923,309,946
the 2002 tax roll today.Include any adjustments since last year's
certification;exclude the Section 25.25(d)one-third over-appraisal
corrections from these adjustments. This value includes the taxable
value of over-65 homesteads(will deduct in line 2 below)and the
captured value for tax increment financing(will deduct taxes in line
14 below).
2. SCHOOL DISTRICTS.Enter 2002 taxable value of over-65 $0
homesteads with tax ceilings.Other units enter"0".
3. Preliminary 2002 adjusted taxable value.Subtract line 2 from line 1. $923,309,946
4. 2002 total tax rate(per$100). 0.715000
5. 2002 taxable value lost because court appeals of ARB decisions
reduced 2002 appraised value.
A Original 2002 ARB values: $0
B 2002 values resulting from final court decisions: $0
C 2002 value loss. Subtract B from A: $0
6. 2002 taxable value,adjusted for court-ordered reductions. Add line $923,309,946
3 and line 5C.
7. 2002 taxable value of property in territory the unit deannexed after $0
January 1,2002. Enter the 2002 value of property in deannexed
territory.
8. 2002 taxable value lost because property first qualified for an
exemption in 2003. Note that lowering the amount or percentage of
an existing exemption does not create a new exemption or reduce
taxable value. If the taxing unit increased an original exemption,use
the difference between the original exempted amount and the
increased exempted amount. Do not include value lost due to
freeport exemptions or tax abatements.
A Absolute exemptions. Use 2002 market value: $883,851
B Partial exemptions.2003 exemption amount,or 2003 percentage $1,756,955
exemption times 2002 value:
C Value loss. Total of A and B. $2,640,806
Truth In Taxation July 2003 Page: 1
2003 Effective Tax Rate Worksheet
Entity Name: City of Wylie Date: 07/30/2003
9. 2002 taxable value lost because property first qualified for
agricultural appraisal(1-d or 1-d-1),timber appraisal,
recreational/scenic appraisal,or public access airport special
appraisal in 2003. Use only those properties that first qualified in
2003:do not use properties that qualified in 2002.
A 2002 market value: $0
B 2003 productivity or special appraised value: $0
C Value loss. Subtract B from A: $0
10. Total adjustments for lost value.Add lines 7,8C,and 9C. $2,640,806
11. 2002 adjusted taxable value. Subtract line 10 from line 6. $920,669,140
12. Adjusted 2002 taxes. Multiply line 4 times line 11 and divide by $6,582,784
100.
13. Taxes refunded for years preceding tax year 2002: Enter the amount $7,263
of taxes refunded during the last budget year for tax years preceding
tax year 2002. Types of refunds include court decisions,Section
25.25(b)and(c)corrections,and Section 31.11 payment errors. Do
not include refunds for tax year 2002.This line applies only to tax
years preceding tax year 2002.
14. Taxes in tax increment financing(TIF)for tax year 2002: Enter the $0
amount of taxes paid into the tax increment fund for a reinvestment
zone as agreed by the taxing unit. This line does not apply to school
districts or to taxing units in counties with 500,000 or more
population.
15. Adjusted 2002 taxes with refunds. Add lines 12 and 13,subtract line $6,590,047
14.
16. Total 2003 taxable value on the 2003 certified appraisal roll today.
This value includes only certified values and includes the taxable
value of over-65 homesteads with school tax ceilings.
A Certified values only: $1,130,974,581
B Counties: Include railroad rolling stock values certified by the State $0
Comptroller:
C Pollution control exemption: Deduct the value of property exempted $0
for the current tax year for the first time as pollution control property
(use this line based on attorney's advice):
D Tax increment financing: Deduct the 2003 captured appraised value $0
of property taxable by a taxing unit in a tax increment financing zone
for which the 2003 taxes will be deposited into the tax increment
fund. This line does not apply to school districts or to taxing units in
counties with 500,000 or more population. Other units,enter"0".
E Add A and B,Subtract C and D: $1,130,974,581
Truth In Taxation July 2003 Page: 2
2003 Effective Tax Rate Worksheet
Entity Name: City of Wylie Date: 07/30/2003
17. Total value of properties under protest or not included on certified
appraisal roll.
A 2003 taxable value of properties under protest. The chief appraiser $0
certifies a list of properties still under ARB protest. The list shows
the district's value and the taxpayer's claimed value,if any,or an
estimate of the value if the taxpayer wins. For each of the properties
under protest,use the lowest of these values. Enter the total here.
B 2003 value of properties not under protest or included on certified $0
appraisal roll. The chief appraiser gives taxing units a list of those
taxable properties that the chief appraiser knows about but are not
included at appraisal roll certification. These properties also are not
on the list of properties that are still under protest. On this list of
properties,the chief appraiser includes the market value,appraised
value,and exemptions for the preceding year and a reasonable
estimate of the market value,appraised value,and exemptions for
the current year. Use the lower market,appraised,or taxable value
(as appropriate). Enter the total here.
C Add A and B: $0
18. School Districts. Enter 2003 taxable value of over-65 homesteads $0
with tax ceilings. Other units enter"0".
19. 2003 total taxable value. Add lines 16E and 17C. Subtract line 18. $1,130,974,581
20. Total 2003 taxable value of properties in territory annexed after $3,470,080
January 1,2002. Include both real and personal property. Enter the
2003 value of property in territory annexed,including any territory
annexed by the school district.
21. Total 2003 taxable value of new improvements and new personal $135,664,000
property located in new improvements. "New"means the item was
not on the appraisal roll in 2002. An improvement is a building,
structure,fixture or fence erected on or affixed to land. A
transportable structure erected on its owners land is also included
unless it is held for sale or is there only temporarily. New additions
to existing improvements may be included if the appraised value can
be determined. New personal property in a new improvement must
(1)have been brought into the unit after January 1,2002,and(2)be
located in a new improvement. New improvements does include
property on which a tax abatement agreement has expired for 2003.
New improvements do not include mineral interests produced for the
first time,omitted property that is back assessed,and increased
appraisals on existing property.
22. Total adjustments to the 2003 taxable value. Add lines 20 and 21. S139,134,080
23. 2003 adjusted taxable value. Subtract line 22 from line 19. $991,840,501
Truth In Taxation July 2003 Page: 3
2003 Effective Tax Rate Worksheet
Entity Name: City of Wylie Date: 07/30/2003
24. 2003 effective tax rate. Divide line 15 by line 23 and multiply by 0.664426
100.(/$100)
25. COUNTIES ONLY. Add together the effective tax rates for each
type of tax the county levies. The total is the 2003 county effective
tax rate.(/$100)
A county,city,or hospital district that adopted the additional sales tax in August or November 2002,or in January or May 2003,must
adjust its effective tax rate. The Additional Sales Tax Rate Worksheet,immediately following the rollback worksheet,sets out this
adjustment. Do not forget to complete the Additional Sales Tax Rate Worksheet if the taxing unit adopted the additional sales tax on
these dates.
Truth In Taxation July 2003 Page: 4
2003 Rollback Tax Rate Worksheet
Entity Name: City of Wylie Date: 07/30/2003
26. 2002 Maintenance and Operations tax rate.(/$100) 0.503896
27. 2002 adjusted taxable value. Enter the amount from line 11. $920,669,140
28. 2002 maintenance and operations taxes.
A Multiply line 26 by line 27 and divide by 100: $4,639,214
B Cities,counties,and hospital districts with additional sales tax: $0
Amount of additional sales tax collected and spent on maintenance
and operations in 2002. Enter amount from full year's sales tax
revenue spent for M&O in 2002 fiscal year,if any. Other units,
enter"0". Counties exclude any amount that was spent for economic
development grants from the amount of sales tax spent:
C Counties: Enter the amount for the state criminal justice mandate. If $0
second or later year,the amount is for increased cost above last
year's amount. Other units,enter"0".
D Transferring function:If discontinuing all of a department,function $0
or activity and transferring it to another unit by written contract,
enter the amount spent by the unit discontinuing the function in the
12 months preceding the month of this calculation. If the unit did
not operate this function for this 12-month period,use the amount
spent in the last full fiscal year in which the unit operated the
function. The unit discontinuing the function will subtract this
amount in H below. The unit receiving the function will add this
amount in H below. Other units,enter"0".
E Taxes refunded for years preceding tax year 2002: Enter the amount $4,951
of M&O taxes refunded during the last budget year for tax years
preceding tax year 2002. Types of refunds include court decisions,
Section 25.25(b)and(c)corrections,and Section 31.11 payment
errors. Do not include refunds for tax year 2002. This line applies
only to tax years preceding tax year 2002:
F Enhanced indigent health care expenditures: Enter the increased $0
amount for the current year's enhanced indigent health care
expenditures above the preceding tax year's enhanced indigent health
care expenditures,less any state assistance:
G Taxes in tax increment financing(TIF): Enter the amount of taxes $0
paid into the tax increment fund for a reinvestment zone as agreed by
the taxing unit. This line does not apply to school districts or to
taxing units in counties with 500,000 or more population. Other
units,enter"0:".
H Adjusted M&O Taxes. Add A,B,C,E and F. For unit with D, $4,644,165
subtract if discontinuing function and add if receiving function.
Subtract G.
29. SCHOOL DISTRICTS ONLY: Complete the Texas Education $0
Agency's worksheet entitled Worksheet to Assist Districts in
Calculating Rollback Rate. Enter amount on line 44 of the TEA
worksheet for the 2003-04 M&O component here.
Truth In Taxation July 2003 Page:
2003 Rollback Tax Rate Worksheet
Entity Name: City of Wylie Date: 07/30/2003
30. 2003 adjusted taxable value.
A Enter line 23 from the effective tax rate worksheet. School districts, $991,840,501
enter line 19;if a school district did not complete the Effective Tax
Rate Worksheet,the school district does the following steps(1)to
(5)below.
Al Total 2003 taxable value on the 2003 certified appraisal roll today. $0
This value includes only certified values and includes the taxable
value of over-65 homesteads with school tax ceilings. Include also
the taxable value in reinvestment zone,but remember that the unit
will deposit a portion of the taxes to a special tax increment fund.
A2 Total 2003 taxable value of properties under protest. The chief $0
appraiser certifies a list of properties still under ARB protest. The
list shows the district's value and the taxpayer's claimed value,if any,
or an estimate of the value if the taxpayer wins. For each of the
properties under protest,use the lowest of these values. Enter the
total here.
A3 Total 2003 value of properties not under protest or included on $0
certified appraisal roll. The chief appraiser gives taxing units a list
of those taxable properties that the chief appraiser knows about but
are not included at the time of appraisal roll certification. These
properties also are not on the list of properties that are still under
protest. On this list,the chief appraiser includes the market value,
appraised value,and exemptions for the preceding year and a
reasonable estimate of the market value,appraised value,and
exemptions for the current year. Use the lower market,appraised,or
taxable value(as appropriate). Enter the total here.
A4 2003 taxable value of over-65 homesteads with tax ceilings. $0
A5 2003 taxable value. Add lines(1),(2),and(3)and subtract(4)and
enter above at A.
B School Districts: Subtract the 2003 captured appraised value of real $0
property taxable by the school district in a tax increment financing
zone for which the 2003 taxes will be deposited into the tax
increment fund.Also,subtract any new property value that is subject
to a Chapter 313 tax limitation agreement. Other units,enter"0".
C Subtract B from A. $991,840,501
31. 2003 calculated maintenance and operations rate. Divide line 28H 0.468237
by line 30C and multiply by 100. School districts: Divide line 29 by
line 30C,and multiply by 100.
32. 2003 rollback maintenance and operation rate. County,cities,and 0.505695
others: Multiply line 31 by 1.08. School Districts: Add$0.06 to
line 31.(See lines 50 to 53 for additional rate for pollution control
expenses,and lines 54 to 57 for additional rate for school employee
health program.)
Truth In Taxation July 2003 Page: 2
2003 Rollback Tax Rate Worksheet
Entity Name: City of Wylie Date: 07/30/2003
33. Total 2003 debt to be paid with property taxes and additional sales $1,933,498
tax revenue. "Debt"means the interest and principal that will be
paid on debts that(1)are paid by property taxes,(2)are secured by
property taxes,(3)are scheduled for payment over a period longer
than one year,and(4)are not classified in the unit's budget as
maintenance and operations expenses. Debt also includes
contractual payments to other taxing units that have incurred debts
on behalf of this taxing unit,if those debts meet these four conditions
above. Include only amounts that will be paid from property tax
revenue(or additional sales tax revenue). Do not include appraisal
district budget payments. List the debt in"Schedule B:Debt
Service". If using unencumbered funds,subtract unencumbered fund
amount used from total debt and list remainder here. School districts
do not have a Schedule B requirement. School districts subtract
state aid received for paying principal and interest on debt for
facilities through the existing debt allotment(EDA)program and/or
instructional facilities allotment(IFA)program.
34. Certified 2002 excess debt collections. Enter the amount certified by $0
the collector.
35. Adjusted 2003 debt. Subtract line 34 from line 33. $1,933,498
36. Certified 2003 anticipated collection rate. Enter the rate certified by 100.000000%
the collector. If the rate is 100 percent or greater,enter 100 percent.
37. 2003 debt adjusted for collections. Divide line 35 by line 36. $1,933,498
38. 2003 total taxable value. Enter the amount on line 19. School $1,130,974,581
districts enter line 30C.
39. 2003 debt tax rate. Divide line 37 by line 38 and multiply by 100 0.170958
40. 2003 rollback tax rate. Add lines 32 and 39. 0.676653
41. COUNTIES ONLY. Add together the rollback tax rates for each
type of tax the county levies. The total is the 2003 county rollback
tax rate.
A taxing unit that adopted the additional sales tax must complete the lines for the Additional Sales Tax Rate. A taxing unit
seeking additional rollback protection for pollution control expenses completes the additional Rollback Protection for Pollution
Control.A school district seeking additional rollback protection for expenses with the school employee health program
completes the Additional Rollback Protection for School Employee Health Program.
Truth In Taxation July 2003 Page: 3
2003 Property Tax Rates
in City of Wylie
This notice concerns 2003 property tax rates for City of Wylie. It presents
information about three tax rates. Last year's tax rate is the actual rate the taxing unit
used to determine property taxes last year. This years effective tax rate would
impose the same total taxes as last year if you compare properties taxed in both years.
This year's rollback tax rate is the highest tax rate the taxing unit can set before
taxpayers can start tax rollback procedures. In each case these rates are found by
dividing the total amount of taxes by the tax base(the total value of taxable property)
with adjustments as required by state law. The rates are given per$100 of property
value.
Last year's tax rate:
Last years operating taxes $4,657,640
Last years debt taxes $1,951,289
Last years total taxes $6,608,929
Last years tax base $924,325,734
Last years total tax rate
0.715000/$100
This year's effective tax rate:
Last years adjusted taxes $6,590,047
(after subtracting taxes on lost property)
+This years adjusted tax base $991,840,501
(after subtracting value of new property)
=This years effective tax rate 0.664426/$100
x 1.03=maximum rate unless unit 0.684358/$100
publishes notices and holds hearing
This year's rollback tax rate:
Last years adjusted operating taxes(after $4,644,165
subtracting taxes on lost property and adjusting
for any transferred function,tax increment
financing,and/or enhanced indigent health care
expenditures)
+This years adjusted tax base $991,840,501
=This years effective operating rate 0.468237/$100
x 1.08=this years maximum operating rate 0.505695/$100
+This years debt rate 0.170958/$100
=This years rollback rate 0.676653/$100
Statement of Increase/Decrease
If City of Wylie adopts a 2003 tax rate equal to the effective tax rate of$0.664426
per$100 of value,taxes would increase compared to 2002 taxes by$905,560.
Schedule A
Unencumbered Fund Balances
The following estimated balances will be left in the units property tax accounts at the
end of the fiscal year. These balances are not encumbered by a corresponding debt
obligation.
Type of Property Tax Fund Balance
Maintenance&Operations $2,624,520
Interest&Sinking $354,930
Schedule B
2003 Debt Service
The unit plans to pay the following amounts for long-tens debts that are secured by
property taxes. These amounts will be paid from property tax revenues(or additional
sales tax revenues,if applicable).
Principal or Interest to be
Contract Payment Paid from Other
Description to be Paid from Property Amounts Total
of Debt Property Taxes Taxes to he Paid Payment
Tax $231,844 $60,063 $500 $292,407
Refunding
Bonds,
Series 1983
General $66,272 $58,435 $500 $125,207
Obligation
Bonds,
Series 1995
General $58,333 $65,140 $500 $123,973
Obligation
Bonds,
Series 1997
Tax Notes, $165,000 $11,031 $500 $176,531
Series 1998
General $110,000 $149,356 $500 $259,856
Obligation
Bonds,
Series 1999
General $65,000 $98,010 $500 $163,510
Obligation
Bonds,
Series 2000
General $140,000 $194,038 $500 $334,538
Obligation
Bonds,
Series 2001
Tax Notes, $100,000 $9,275 $500 $109,775
Series 2001
General $80,000 $99,641 $500 $180,141
Obligation
Bonds,
Series 2002
Tax Notes, $50,000 $4,805 $500 $55,305
Series 2002
Public $40,000 $3,220 $500 $43,720
Property
Fin.Contr.
Oblig.,
Series 1995
Public $60,000 $8,035 $500 $68,535
Property
Fin.Contr.
Oblig.,
Series 1999
Total Required for 2003 Debt Service $1,933,498
- Amount(if any)paid from funds listed in Schedule A $0
- Amount(if any)paid from other resources $0
- Excess collections last year $0
=Total to be paid from taxes in 2003 $1,933,498
+Amount added in anticipation that the unit will $0
collect only 100.00%of its taxes in 2003
=Total Debt Levy $1,933,498
This notice contains a summary of actual effective and rollback tax rates'calculations.
You can inspect a copy of the full calculations at 1800 North Graves,Suite 170
McKinney,Texas 75069.
Name of person preparing this notice:Kenneth L.Maun
Title:Collin County Tax Assessor Collector
Date Prepared: July 30,2003
WYLIE CITY COUNCIL
AGENDA ITEM NO. 2.
August 12, 2003
Issue
Implementation of the Master Contract for Paramedic Ambulance Services between East Texas
Medical Center d/b/a East Texas Medical Center Emergency Medical Service ("ETMC-EMS") and
the City of Wylie, Texas and other Southeast Collin County Coalition Members including the City of
Lavon, Lucas, Murphy, Parker, Collin County, and St. Paul. The initial term of this Agreement shall
commence on October 1, 2003.and terminate on September 30, 2008. In addition, current and new
members of the Coalition will be required to sign an Interlocal Cooperation Agreement for
Emergency Medical Services Coalition.
Background
The City of Wylie entered into an Interlocal Cooperative Purchasing Agreement for Ambulance
Services with the cities of Sachse, St. Paul, Murphy, Lucas, Lavon and Parker. This interlocal
agreement established the ad hoc Southeast Collin County EMS Coalition.
The construction of the original contract originated in 1998 and has suited the Coalition with minor
amendments throughout the past five years. On October 1, 2003, the City of Sachse will begin
operating their own ambulance service and terminating their agreement with the Coalition.
The Interlocal Agreement is the agreement between all members of the Southeast Collin County
EMS Coalition to stand as one regarding ambulance service. This agreement offers a default clause
to all members in the Coalition that protects them from another member of the Coalition withdrawing
from the Coalition. With the beginning of a new era for the Coalition, members of the Coalition will
be required to enter into a new Interlocal Cooperation Agreement for Emergency Medical Services
Coalition and to renegotiate the ambulance contract in order to protect Coalition members as well as
protecting the Coalition as a whole.
Changes in the new ambulance contract, as compared to the previous contract, include two new
(remounted) ambulances donated to the city by East Texas Medical Services which will be managed
and run out of the City of Wylie and Coalition members will be subsidizing the additional ambulance
costs. Additionally, subsidy numbers have been enhanced and based on the 2000 census including
Collin County subsidies.
Other Considerations
The interlocal agreement for a regional EMS/Ambulance Service and the resulting cooperative
procurement process were accomplished in accordance with the Interlocal Cooperation Act
(V.C.T.A. Government Code Chapter 791). The solicitation of competitive proposals and the
recommended contract award comply with Chapter 252.021 of the Local government Code.
Financial Considerations
City of Wylie's subsidy is $49,625.00 per year the first year and is by per capita amounts for the
following four years. The subsidy is locked and will only increase with the consumer price index
(CPI) annually. East Texas Medical Services will no longer be paying rent to the city because of the
amendment that ETMC employees are now supervised by on duty officers of the fire department.
ETMC will continue to provide medical control that would cost approximately $16,000.00 if it were
to be contracted out. The contract also requires ETMC to provide all disposable E.M.S. supplies.
Board/Commission Recommendations
The Southeast Collin County E.M.S. Coalition has voted to approve these contracts and city
appointed representatives will be taking the contract back to each of the member's cities for approval
during the month of August.
Staff Recommendation
Staff recommends that Council execute the new Master Contract for Paramedic Ambulance Services
including the Interlocal Cooperation Agreement for Emergency Medical Services Coalition between
the City of Wylie and other members of the Southeast Collin County EMS Coalition and East Texas
Medical Center d/b/a East Texas Medical Center Emergency Medical Service ("ETMC-EMS").
Attachments
Interlocal Cooperation Agreement for Emergency Medical Services Coalition and the proposed Master
Contract for Paramedic Ambulance Services.
Chief Shan A. English
Prepared by Revi ed y Finan City proval
CONTRACT FOR PARAMEDIC AMBULANCE SERVICES
This Contract for Paramedic Ambulance Services (hereinafter referred to as "Contract" or
"Agreement") is entered into by and between the Southeast Collin County EMS Coalition,
consisting of the following Texas cities: Parker, Wylie, St. Paul, Murphy, Lucas and Lavon
(hereinafter referred to as "Coalition") and East Texas Medical Center d/b/a East Texas Medical
Center Emergency Medical Service, a Texas not-for-profit corporation (hereinafter referred to as
"ETMC EMS"). Coalition and ETMC EMS are collectively referred to as the "Parties."
NOW, THEREFORE, for and in consideration of the premises and agreements herein contained
and other good and valuable consideration, including the award of exclusive market rights, the
receipt and adequacy of which are hereby forever acknowledged and confessed, the Parties agree
as follows.
ARTICLE I
DEFINITIONS
The following definitions shall apply to terms as used throughout this Agreement:
Agreement means this Contract.
Ambulance Patient means any person being transported to or from a health care facility in a
reclining position from any point within the "Regulated Service Area."
Ambulance Service Contract means an agreement between ETMC EMS and any local
governing unit incorporating clinical standards and financial provisions consistent with those set
forth in this Agreement.
Ambulance Service Contractor means East Texas Medical Center Emergency Medical Service
(ETMC EMS).
ANI/ALI means Automatic Number Identifier/Automatic Location Identifier and is one of the
enhancement features of 911 system that aids in identification of incoming calls.
CAD means Computer Assisted Dispatch including but not limited to primary dispatch data
entry and automated time-stamping, 911 data interface, demand pattern analysis, system status
management, automated patient locator aids, response time reporting and documentation, and
(when installed) automated vehicle tracking.
Contract Service Area means the geographic area encompassing the regulated Service Area
plus unincorporated areas of Collin County and such other counties as may choose to contract
with ETMC EMS pursuant to a contract incorporating clinical standards and financial provisions
consistent with those contained in this Contract.
EMS System means that network of individuals, organizations, facilities and equipment
including but not limited to ETMC EMS, whose participation is required to generate a clinically-
appropriate, pre-planned system-wide response to each request for pre-hospital care and/or inter-
facility transport, so as to provide each patient the best possible chance of survival without
Page 1 of 25
disability and given available financial resources.
Extraordinary Adjustment is an adjustment justified on the basis of either: (1) an increase in
the System Standard of Care whose cost of implementation and on-going compliance exceeds
the then-remaining balance of the "Upgrade Reserve"; or, (2) an unusual increase in the cost of a
factor of production when such increase in cost is industry wide and the result of causes beyond
ETMC EMS's reasonable control.
1st Response, 1st Responder, 1st Response Organization refers to that service and those units
(e.g., fire department 1st responders) which provide initial stabilization and trained assistance
on-scene and, when required, en route to medical facilities, as well as certain extrication and
rescue services. In accordance with Priority Dispatch Protocols, a 1st Response unit is routinely
sent to all presumptively-classified life-threatening calls within the ETMC EMS service area.
Contract (aka Contract for Ambulance Services; aka the "Agreement"; aka the "Contract") is
this Contract document labeled Contract For Paramedic Ambulance Service and is an agreement
between the Coalition and East Texas Medical Center Emergency Medical Service.
Medical Control Board means that board of physicians established and empowered by the
uniform EMS Ordinance to update from time-to-time the System Standard of Care, and to
monitor compliance with that System Standard of Care.
Medical Director means that Medical Director which shall be an emergency physician expert in
the pre-hospital practice of Emergency Medicine, appointed by ETMC EMS.
Member Jurisdiction means the individual Coalition member's corporate limits.
Primary Unit means that unit staffed by ETMC EMS personnel.
MICU means Mobile Intensive Care Unit as defined in the Texas Health and Safety Code.
Mutual Aid means the paramedic ambulance service provided within the Contract Service Area
by neighboring providers other than ETMC EMS at the request of ETMC EMS, pursuant to an
agreement governing the exchange of service assistance when requested. Such a unit shall be
judged by ETMC EMS to have acceptably trained personnel and equipment, and approved by the
Medical Control Board.
PSAP means Public Service Answering Point and is an auxiliary service in the 911 system.
Regulated Service Area means the combined corporate limits of all Member Jurisdictions that
adopt the Uniform EMS Ordinance.
Response Area of the Southeast Collin County EMS Coalition means the corporate limits of
the Member Jurisdictions of the Southeast Collin County EMS Coalition.
Southeast Collin County EMS Coalition means an interlocal cooperative group consisting of
the participating city governments of Lavon, Lucas, Murphy, Parker, St. Paul, Wylie and
portions of Collin County.
Page 2 of 25
Subscription Ambulance Membership Plan means an optional plan by which citizens in the
Member Jurisdictions can contract with ETMC EMS for prepaid, medically necessary,
ambulance transport services.
System Standard of Care means the combined compilation of all priority-dispatching
protocols, pre-arrival instruction protocols (i.e., ambulances), protocols for selecting destination
hospital, standards for certification of pre-hospital care personnel (i.e. telephone call-takers,
ambulance personnel and on-line medical control physicians), as well as standards governing
requirements for on-board medical equipment and supplies, and licensure of ambulance services
established by the Uniform EMS Ordinance. The System Standard of Care shall simultaneously
serve as both a regulatory and contractual standard.
Uniform EMS Ordinance means that Ordinance set forth in Schedule A.
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ARTICLE II
MUTUAL RESPONSIBILITIES AND UNDERSTANDINGS
2.1 FRANCHISE MODEL SYSTEM
a. ETMC EMS shall provide services under this Contract through a franchise model
system and shall furnish its own facilities, vehicles, on-board equipment, radio systems
and computer-aided dispatch hardware and software as provided in this Contract. Except
as otherwise set forth herein, ETMC EMS shall serve as the retail provider of 911
ambulance services, routine transport services and related ambulance services, financed
primarily or exclusively on a fee-for-service basis with or without subsidy according to
the agreement of each member jurisdiction and participating jurisdiction.
b. ETMC EMS may charge user fees for services rendered under this contract that are
consistent with the provisions of this Contract.
c. Except for subsidies paid to ETMC EMS under the Subsidy/Price Agreement with
each jurisdiction, ETMC EMS shall look for compensation for its services under this
Contract solely through the following sources:
(i) Third party payors;
(ii)Persons or entities who use ambulance services or other persons responsible
for such ambulance services; and
(iii) Contract purchasers of ambulance services.
2.2 ALL MICU, FULL-SERVICE SYSTEM. All ambulances rendering services pursuant
to this Contract shall be an MICU and shall be staffed and equipped to render paramedic-
level care.
2.3 "FIXED-PRICE TERM AGREEMENT FOR REQUIREMENTS." This Contract is a
"fixed-price term agreement for requirements," with provisions for inflation adjustment
and adjustment for externally-imposed upgrades to the System Standard of Care. At such
time that ETMC-EMS assumes full responsibility for dispatch, the Coalition guarantees
that every medical request including but not limited to 911 cases originating within the
Member Jurisdictions, except 911 calls originating from an area within the County which
has contracted for 911 ambulance services with a provider other than ETMC EMS, shall
be transferred to ETMC EMS (along with ANI/ALI data as available) for telephone
interrogation, pre-arrival instructions (if appropriate) and the dispatch and deliver of
ambulance service.
2.4 MEDICAL SUPPLIES. All medical supplies acquired or supplied for the performance
of the work that is the subject of this Contract shall be furnished by ETMC EMS at
ETMC EMS's own expense.
Page 4 of 25
2.5 SUBSCRIPTION AMBULANCE MEMBERSHIP PLAN.
a. Basic Objects of Program. ETMC EMS shall offer for sale to residents of all member
jurisdictions and participating jurisdictions under this Contract, a subscription ambulance
membership plan which fee for the first year of coverage under the plan will not exceed
forty-eight ($48) dollars per household. The fee for the subscription ambulance
membership plan is subject to an annual inflation adjustment equal to 100% of the
percentage increase in the CPI over the most recent 12-month period for which published
figures are then available as approved by the Board of Directors of ETMC EMS.
Additionally, ETMC EMS may offer discounts for renewal of subscription ambulance
membership plans.
b. Legal Obligations. The subscription ambulance membership plan offered to
residents of the member jurisdictions and participating jurisdictions under this Contract
shall comply with federal and state law relating to subscription ambulance membership
programs.
c. Medicaid Recipients. Persons whose medical expenses are covered under Medicaid
are not eligible to participate under the subscription ambulance membership plan.
d. Additional Benefits. ETMC EMS may, at its option, offer to persons who purchase
subscription ambulance membership plans under this subsection, additional benefits.
e. Periodic Membership Drives. ETMC EMS shall hold an open enrollment period
during each calendar year for the subscription ambulance membership program and
residents in the member jurisdictions and participating jurisdictions shall be entitled to
apply for participation in the subscription ambulance membership program during that
period.
f Beneficial Extension of Service. Each person requiring or requesting ambulance
service shall receive the quality of care and transportation required under the System
Standard of Care, without regard to membership status in the subscription ambulance
membership program.
g. Financial Assistance for Plan Purchase. A member jurisdiction or participating
jurisdiction may purchase or may assist its residents in purchasing and paying for
subscription ambulance membership' plans in accordance with a written agreement
between the member jurisdiction or participating jurisdiction and ETMC EMS.
2.6 USE OWN EXPERTISE AND JUDGMENT. ETMC EMS is specifically advised to use
its own best judgment in deciding upon the methods to be employed to achieve and
maintain the levels of performance required hereunder. Such "methods" include
compensation programs, shift schedules, personnel policies, supervisory structures,
vehicle deployment techniques, and other internal matters which, taken together,
comprise ETMC EMS's own strategies and tactics for performing its obligations under
this Agreement.
Page 5 of 25
2.7 EXCLUSIVITY. ETMC EMS is awarded exclusive rights and responsibilities for
provision of all emergency and non-emergency ambulance services, including special
events coverage, originating within the Member Jurisdictions, regardless of the manner in
which the request for service is conveyed. Notwithstanding the foregoing, in the event
that the Required MICU(as defined in Section 3.1) is on a transfer or otherwise
unavailable, ETMC EMS may use another EMS service provider for non-emergency
transfers to and from the Member Jurisdictions. ETMC EMS shall have the option to
transport non-emergency transports to and from the member jurisdiction but will limit the
number of such transports to be no more then five (5) per month and that this only applies
to the required ETMC EMS MICU unit. Such non-emergency transports by the required
MICU will only be transported when other Coalition Members' ambulances are available.
All emergency and non-emergency calls and requests for ambulance services originating
within the Member Jurisdictions will be dispatched through or to ETMC EMS's dispatch
center.
2.8 SELECTION OF PATIENT DESTINATION. Medical Protocols approved by the
Medical Control Board shall establish protocols for selection of the destination hospital,
which protocols shall be strictly followed by paramedic personnel and on-line medical
control physicians, except when a departure from protocol is justified on the basis of
special considerations of patient care or practical barriers to implementation (e.g.,
blocked roads, hospital divert status, etc.). This Contract is entered into by both parties
pursuant to a mutual assumption that transport protocols approved by the Medical
Control Board shall strictly adhere to the following priorities of consideration, and shall
recognize these priorities in the sequence presented:
a. First Consideration: patient care and safety;
b. Second Consideration: patient/family choice; and
c. Third Consideration: fairness in distribution of patients among hospitals. In this
regard, the following rules shall apply:
(i)Non-Emergencies. All "non-emergency patients" (as defined by patient-
assessment protocols approved by the Medical Control Board) shall be transported to the
destination selected by the patient, the patient's family or the patient's personal
physician, without exception.
(ii) Non Life-Threatening Emergencies. Patients experiencing a "non life-
threatening emergency" (as defined by patient-assessment protocols approved by the
Medical Control Board) shall be transported to the facility of choice designated by the
patient, the patient's family, or the patient's personal physician, or if no such preference
is stated, to the nearest hospital approved by the Medical Control Board for receipt of
patients experiencing non-life-threatening emergencies.
(iii) Life-Threatening Emergencies. Patients experiencing life-threatening
emergencies (as defined by patient-assessment protocols approved by the Medical
Control Board) shall, in accordance with transport protocols approved by the Medical
Page 6 of 25
Control Board, be delivered to the "nearest appropriate facility", taking into
consideration the patient's condition and location, the patient's medical requirements and
the respective capabilities of hospitals within and, for some types of patients, outside the
"Contract Service Area." Such transport protocols shall not be inconsistent with then-
currently-approved trauma system protocols (when available).
(iv)Enforcement. Inappropriate and unjustified deviations from these patient-
destination protocols by a paramedic without direct authorization by a Base Station
Physician or inappropriate and unjustified instructions regarding such deviation by a
Base Station Physician shall be subject to sanction by the Medical Control Board
provided such sanctions are applied in accordance with due process procedures approved
by the Coalition's attorney. Such sanctions may include reprimand, suspension of
certification, or revocation of certification) depending upon frequency and severity of
error.
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Page 7 of 25
ARTICLE III
SCOPE AND QUALITY OF SERVICES
3.1 AMBULANCE SERVICES TO COALITION. ETMC EMS shall provide emergency
and non-emergency ambulance service to the entire Response Area of the Coalition, and
shall provide staff and MICU's as set forth in this Contract, including but not limited to at
least one fully staffed MICU dedicated solely for response to the entire Response Area of
the Coalition (the "Required MICU"). ETMC EMS shall only use the Required MICU
for non-emergency transfers to and from the Coalition.
Baylor Garland North Central Medical
Richardson Medical Center Presbyterian Allen
Columbia Medical Center Plano Presbyterian Plano
Garland Community Sunbridge NH Wylie
Lake Pointe Medical Center Medical Center of Plano
In the event that no ambulance provided for in this Contract is available for service, or
additional ambulances are needed, each member of the Coalition will be required to rely
upon mutual aid plans for their city.
3.2 RESPONSE TIME RELIABILITY. ETMC EMS will maintain response time records on
all primary unit transports ETMC EMS provides under this Agreement as set forth below:
Goals within the Response Area of the Southeast Collin County EMS Coalition:
a. Life-Threatening Emergency Calls will have a response time 90% or better of 8
minutes and 59 seconds.
b. Non Life-Threatening Emergency Calls will have a response time 90% or better of 12
minutes and 59 seconds.
These commitments shall be calculated on a per one-hundred transport basis for the primary
unit only, and shall be calculated annually at the end of ETMC EMS's contract year. The
response time commitments set forth above shall constitute contractually binding
performance requirements under this Contract. In this regard, the following definitions and
protocols shall be employed for purposes of response time measurement, compliance
reporting, and late run penalty assessment:
a. Definition. Response time is herein defined as the elapsed time between the moment
a request for ambulance service is received at ETMC EMS's ambulance control center
(i.e., the moment callback number and location are acquired, either by voice or by
ANI/ALI 911 data transmission and confirmed) and the moment a first-arriving, fully-
equipped and staffed ETMC EMS paramedic ambulance, paramedic-level Mutual Aid
unit, paramedic-level 1st Response team, or advanced life support capable medical
Page 8 of 25
helicopter arrives at the scene; provided that in order to "stop the clock" such first-arriving
unit shall be operated by ETMC EMS or by a Mutual Aid unit or 1st Response
Organization approved by the Medical Control Board and operating under subcontract to
ETMC EMS. For scheduled patient transfers, "time call received" shall be the agreed-
upon appointment of time of patient pickup.
b. Use of Mutual Aid Providers. Subject to a finding by the Medical Control Board
that the clinical quality of care provided by a proposed MICU staffed Mutual Aid
provider, helicopter ambulance service, or 1st Response organization participating in
ETMC EMS's 1st Response Support Program and operating at the paramedic level, is
deemed substantially equivalent to the quality of care required under this Contract, such
paramedic units operated by Mutual Aid providers, e`Response organization, and
helicopter ambulance services responding at ETMC EMS's request to locations within
the Contract Service Area shall be deemed to "stop the clock" on behalf of ETMC EMS.
c. Method of Measurement. Response time standards shall be established and
response time performance shall be measured in terms of"fractile distributions" -- not
average response time measurements.
d. Call Classification. For purposes of response time measurement, the applicable
standard shall be based on each request's presumptive run code classification (i.e., life-
threatening emergency, non life-threatening emergency, unscheduled routine transport
and scheduled routine transport) as established at the time the call is dispatched by a
person trained in the use of and correctly employing Medical Priority Dispatch Protocols
proposed by the Medical Director and approved by the Medical Control Board.
(Retrospective classification of priority code shall not affect measurement of response
time compliance.)
e. En route Upgrades and Downgrades. If a presumptive run code classification is
upgraded to a higher priority while the ambulance is en route (as a result of information
provided by a physician or law enforcement officer at the scene), the applicable run code
designation shall be the upgrade priority and response time shall be measured from the
moment of upgrade. If a presumptive run code classification is downgraded to a lower
priority while the ambulance is en route(as a result of information provided by a
physician), the applicable run code designation shall be the downgraded priority and
response time shall be measured from the original time of call receipt.
f. 911 Interface Requirements. Upon ETMC EMS assuming full responsibility for
dispatch, ETMC EMS shall be free to employ, at its own expense, such CAD hardware
and software and 911 system interface arrangements as ETMC EMS deems most
conducive to efficient operation and response time reliability. The Coalition shall
cooperate fully with ETMC EMS's reasonable requests to establish telephone call-
transfer linkages and, where appropriate, 911 computer system interface arrangements
(e.g., with ETMC EMS functioning as a secondary PSAP), as requested by ETMC EMS.
911 personnel shall transfer medical calls and callers to the ETMC EMS Control Center
as per protocols approved by the Medical Control Board.
3.3 CUSTOMER SERVICE AND MEMBERSHIP PROGRAM. Except for changes
Page 9 of 25
adopted by the Board of Directors of ETMC EMS, ETMC EMS shall comply with
customer service and accounts receivable management practices as provided in this
Contract.
3.4 DISASTER ASSISTANCE. During a declared disaster, locally or in a neighboring
jurisdiction, the normal course of business under this Contract shall be interrupted from
the moment the disaster occurs. Immediately upon such notification, ETMC EMS shall
commit such resources as are necessary and appropriate, given the nature of the disaster,
and shall assist in accordance with disaster plans and protocols applicable in the locality
where the disaster occurred. The disaster-related provisions of this Contract are:
a. During such periods, ETMC EMS shall be released from response time
performance requirements, including late run penalties, until notified by the Coalition
that disaster assistance may be terminated. At the scene of such disasters, ETMC EMS
personnel shall perform in accordance with local disaster protocols established by that
community.
b. When disaster assistance has been terminated, ETMC EMS shall resume normal
operations as rapidly as is practical considering exhaustion of personnel, need for
restocking and other relevant considerations.
c. During the course of the disaster, ETMC EMS shall use best efforts to provide
emergency coverage throughout the "Contract Service Area" and shall suspend non-
emergency transport work as necessary, informing persons requesting such non-
emergency service of the reason for the temporary suspension.
3.5 NO AMBULANCE DEPLOYMENT RESTRICTIONS. Every member jurisdiction and
participating jurisdiction shall have access to the resources of the EMS System, as
dictated by fluctuations in consumer demand for service, weather conditions and disaster
events. To ensure such flexibility in responding to shifting needs, ETMC EMS will
refrain from contractually committing any of its ambulances to the exclusive benefit of
any jurisdiction.
3.6 GRANDFATHER CLAUSE. Nothing in this Contract shall be construed as preventing
ETMC EMS from honoring and fulfilling contractual commitments in effect as of the
commencement date of this Contract, even if provisions of such contracts are in conflict
with provisions set forth immediately above, provided, however, that no such existing
contract containing provisions in conflict with the provisions of this Contract shall be
extended or renewed unless amended to remove the conflicting provisions.
3.7 WYLIE AMBULANCE AND DEPLOYMENT. The City of Wylie will staff
ambulances (with MICU capabilities) donated by ETMC EMS ("Wylie Ambulance")
and will continue to do so. Two ambulances will be remounted, one with the
implementation of this contract and the other to be delivered within 90 days. Such Wylie
Ambulances shall be used to provide back-up ambulance service to the Coalition. ETMC
EMS shall pay a one hundred ($100.00) dollar stipend, per transport, to the Coalition
member city who provided the transport but only when ETMC EMS calls for back-up in
the event ETMC EMS's unit is out of service, subject to Section 3.10, below.
Page 10 of 25
3.8 DONATED AMBULANCE. With regard to the Wylie Ambulances (the "Donated
Ambulance"), as set forth in Section 3.7 above:
a. Wylie shall retain ownership of the Donated Ambulances, with ownership
surviving this Contract.
b. ETMC EMS shall provide all EMS supplies used on patients for the operation of the
Donated Ambulances (as described in 3.7 above). The supplies used must be recorded on
the patient care report.
c. Selected cities of the Coalition will staff and operate the Donated Ambulances.
d. The Coalition operating the Donated Ambulances shall provide for automobile
liability insurance coverage.
e. Wylie Fire Department shall be responsible for any maintenance to the Donated
Ambulances.
f. ETMC EMS shall provide the Coalition with another ambulance unit during any time
that a Donated Ambulance is out of service. ETMC EMS will provide such replacement
ambulance for a period of up to ten (10) days, but no longer. After ten(10) days, ETMC
EMS will negotiate a mutually acceptable short term lease for such replacement
ambulance with lease payments not to exceed ten dollars ($10) per month.
g. If the Coalition requests additional resources from ETMC EMS, the Parties agree to
renegotiate in good faith the annual total subsidy to be paid ETMC EMS in order to
provide sufficient resources for the services described in such Contract. If the Parties are
unable to reach such a mutual agreement, the current provisions shall remain in effect.
3.9 USE OF NON-COALITION OR NON ETMC EMS AMBULANCES. In the event a
Coalition Member utilizes an ambulance of an entity that is not a Coalition Member nor
an ETMC EMS unit, and a Coalition ambulance or an ETMC EMS ambulance was
available, then such Coalition Member shall reimburse ETMC EMS for ETMC EMS's
loss of revenue for such trip, excluding transfer.
3.10 CLEAN TICKET PROVISION. The One Hundred ($100)Dollar stipend as set forth in
3.7(b) above, is expressly conditioned upon the Coalition Members fully and accurately
completing the trip ticket and related paper work in accordance with the policies and
procedures that ETMC EMS requires of its own personnel in the completion of such trip
ticket ("Clean Ticket"). ETMC EMS will provide adequate training/education to
personnel filling out trip tickets.
3.11 CLINICAL STANDARDS AND QUALITY IMPROVEMENT. The initial standards of
clinical quality, as well as the clinical upgrade schedules to occur on or before listed
deadlines throughout the term of this Contract shall constitute contractually binding
performance requirements under this Agreement.
Page 11 of 25
ARTICLE IV
CONSIDERATION
Consideration for this Contract is an award of exclusive market rights subject to exemptions set
forth in Schedule A to this Contract for the term of the Contract.
4.1 AUTHORIZATION OF USER-FEE CHARGES. ETMC EMS shall charge user fees for
services originating within each Coalition Member Jurisdiction. Each Coalition Member
may assist its residents in purchasing and paying for membership rights by incorporating
voluntary provisions for billing and payment in conjunction with residential water bills.
4.2 USER-FEE AUTHORIZATION. ETMC EMS is hereby authorized to charge for ground
ambulance services user-fees as follows:
The maximum total average of all bills generated for ambulance service originating with
the Coalition (exclusive of mileage charges) shall not exceed $ $680.00.
4.3 ANNUAL INFLATION ADJUSTMENTS. The Coalition shall annually permit
adjustment of the ETMC EMS Maximum Total Average Bill (as discussed in 4.2), the
first such adjustment being authorized on October 1, 2004. Any increase made to the
Maximum Total Average Bill in such adjustment shall not exceed the percentage change
in the Consumer Price Index on a nationwide basis over the most recent twelve (12)
month period for which published figures are available. ETMC EMS has the discretion to
accept all or a portion of the maximum allowable inflation adjustment and may apply
those amounts in the manner determined by ETMC EMS provided that such adjustment
does not exceed the maximum allowable adjustment under this Contract.
4.4 ADJUSTMENT FOR EXCESS BILLINGS. In the event ETMC EMS's actual total
average bill (exclusive of mileage charges) for services rendered in a Member
Jurisdiction or Participating Jurisdiction during the preceding contract period is found to
be inadvertently in excess of the level permitted by the then-applicable "Subsidy/Price
Agreement", the Coalition shall delay the effective date of the inflation adjustment
increase in that jurisdiction by a number of days sufficient to fully offset the amount of
overpayment, as proposed by the Coalition and approved by the Board of Directors of the
Coalition.
4.5 EXTRAORDINARY ADJUSTMENTS FOR EXTERNALLY IMPOSED UPGRADES.
ETMC EMS may periodically apply for extraordinary rate adjustments to offset the
actual and reasonable marginal costs of implementing and maintaining clinical upgrades
required by the Medical Control Board and approved by the Coalition. Adjustment shall
be subject to optional review and confirmation or denial by the Coalition.
4.6 EXTRAORDINARY ADJUSTMENTS FOR UNUSUAL COST INCREASES. As may
be justified by circumstances beyond ETMC EMS's reasonable control (e.g., industry
Page 12 of 25
wide insurance cost increases of major magnitude, restoration of OPEC's pricing powers,
etc.), ETMC EMS shall be eligible for temporary but renewable (as justified and
approved by the Coalition) "extraordinary rate adjustments" when the governing body of
the Coalition finds that the cause of such extraordinary increase in the cost of one or more
factors of production necessary to produce quality pre-hospital care is due to an unusually
large, rapid increase in the cost to ETMC EMS of that factor of production, in which this
increase is industry wide, not the result of poor purchasing practices and not the result of
increased consumption of the factor of production. Provided, however, all such
approvals of Extraordinary Adjustment shall be subject to optional review and
confirmation or denial by the Coalition.
4.7 ANNUAL SUBSIDY. Beginning October 1, 2003, the Coalition will provide an annual
subsidy to ETMC EMS for the provision of EMS services in the amount of$88,683.00
which will be paid in four(4) quarterly installments of$ 22,170.75 each due on October
1, January 1, April 1 and July 1 of each year during the term of this Agreement. The
subsidy amount will be adjusted annually on October 1st of each year but not to exceed
the percentage change in the Consumer Price Index ("CPI") (nationwide) over the most
recent 12-month period for which published figures are available. ETMC EMS will
provide Coalition with at least sixty days' (60) notice of any increase in the subsidy. The
quarterly subsidy payment will be remitted to ETMC EMS within fifteen (15) days of the
invoice for such quarterly subsidy being sent to Coalition. In the event the Coalition fails
to remit such payment, ETMC EMS shall have the option to terminate this Agreement
upon thirty (30) days' notice.
The share of the subsidies to be paid by each Coalition member shall be as agreed to by
the Coalition.
In the event the Initial Term of this Agreement is continued into one or more renewal
terms, the Parties agree to negotiate in good faith relative to subsidy amounts for the
renewal term(s), if any by May 1, 2008. If the Parties cannot mutually agree on such
subsidy amounts for any renewal term, ETMC EMS may terminate this Agreement upon
One Hundred Twenty(120) days prior written notice, without penalty.
The amounts set forth above represent the amounts due ETMC EMS assuming the
Coalition members remain the same as of the effective date of the Contract. The
Coalition further agrees to reimburse ETMC EMS for any ETMC EMS loss in revenue
due to any current Coalition member no longer participating in this Agreement. EACH
COALITION MEMBER WHO WITHDRAWS FROM THE COALITION, CEASES TO
PARTICIPATE OR CONTRACTS WITH ANOTHER EMS PROVIDER, AGREES TO
MAKE ETMC EMS WHOLE FOR SUCH LOSS OF REVENUE FOR THE
DURATION OF THE CONTRACT (WHICH INCLUDES SUBSIDY AND PATIENT
TRANSPORT REVENUE RELATED TO SUCH COALITION MEMBER) TO ETMC
EMS. Such Coalition member agrees that its termination or withdrawal from the
Coalition irreparably harms ETMC EMS and knowingly and specifically agrees that its
agreement to make ETMC EMS whole as the result of such termination or withdrawal is
an essential provision in this Agreement. The Coalition agrees to the maximum extent
permitted by law to hold harmless ETMC EMS from such loss of revenue and loss of
subsidy. In the event such Coalition member refuses to reimburse ETMC EMS for such
Page 13 of 25
loss of revenue or loss of subsidy, ETMC EMS shall have all rights allowed by law to
pursue money damages, including its attorneys' fees in seeking to collect such loss of
revenue and subsidy from the Coalition Member. Additionally, the failure to pay such
monies to ETMC EMS is a material breach of this Agreement and notwithstanding any
other provisions to the contrary, ETMC EMS may terminate this Agreement upon sixty
(60) days prior written notice, without penalty.
4.8 ETMC EMS shall have the exclusive right to bill and collect any third party payor or
individual for services rendered by ETMC EMS, and for any transports rendered by the
Coalition.
4.9 ADDITIONAL UNITS. The Parties acknowledge that the Member Jurisdictions are
growing rapidly and the need for future EMS services may arise in the future. ETMC
EMS will periodically evaluate the services rendered and determine ETMC EMS's
capability and performance. As the result of such evaluation, ETMC EMS may consider
such information in evaluating the need to donate additional units or other alternatives to
the Coalition as sound business practices would dictate, and as the Parties mutually agree.
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Page 14 of 25
ARTICLE V
INSURANCE AND INDEMNIFICATION
5.1 INSURANCE REQUIREMENTS. At all times during the term of this Contract and
throughout any extension periods thereof, ETMC EMS shall obtain and pay all premiums
for ETMC EMS's owned and operated ambulances. For liability arising solely from the
actions or inactions of ETMC EMS or ETMC EMS's personnel, all such policies shall
name the Coalition and the Medical Control Board as "additional insureds". ETMC
EMS shall furnish the Coalition with an Accord Certificate of Insurance indicating that
the types and amounts of insurance required hereunder are in full force and effect and
that the insurance carrier shall give the Coalition thirty(30) days' written advance notice
of any cancellation, change, termination, failure to renew or renewal, or any change in
coverage of any such policy or policies reflected on said certificate. Nothing in this
Article V shall be deemed to prohibit the use of a program of insurance being "self-
insurance" as that term is normally used as being a formally organized system of
covering risks or to be a limitation upon the insured as to the deduction it may cause to be
provided in connection with any of its respective insurance policies. ETMC EMS's
insurance coverage shall meet the following minimum requirements:
a. WORKER'S COMPENSATION. Worker's Compensation Insurance as
permitted by the laws of the State of Texas.
b. COMMERCIAL GENERAL LIABILITY. Commercial general liability
insurance in an amount not less than one million dollars ($1,000,000)per occurrence
combined single limits (CSL) for all claims resulting from bodily injury (including death)
and/or property damage arising out of the operations of the ambulance service authorized
hereunder.
c. AUTOMOBILE LIABILITY. The following coverage is required:
(i) Uninsured Motorist. Uninsured/underinsured motorist coverage, covering all
automobiles and including all owned, hired, or leased vehicles in an amount equal to or
greater than the minimum liability limits required by law.
(ii) Employer's Non-owned Auto Coverage. Employer's non-owned liability
in an amount equal to the liability limits set forth in Subsection b, immediately above.
d. AMBULANCE LIABILITY. A policy covering the liability created by
ambulance operation to a limit called for in Subsection b hereof. It is further understood
that, due to the nature of this risk, it is presently necessary to obtain this coverage through
the Assigned Risk Pool and that policy form must be accepted as offered.
e. MALPRACTICE. Malpractice insurance in an amount not less than one million
($1,000,000) dollars for each claim.
Page 15 of 25
................. .......... ...........
f. EXCESS LIABILITY INSURANCE UMBRELLA. Excess liability insurance
umbrella policy providing two million dollars ($2,000,000) coverage per occurrence and
four million dollars ($4,000,000) annual aggregate coverage in excess of all other liability
policies prescribed herein.
g. SUBMISSION OF POLICIES. Said insurance policies required hereunder may be
submitted to the Coalition. Satisfactory evidence that such insurance is at all times in full
force and effect shall be furnished to the Coalition.
h. EFFECT OF CANCELLATION OR TERMINATION. The cancellation or other
termination of any policy of insurance required hereunder shall give the Coalition the
right to revoke and terminate this Contract for ambulance service granted hereunder,
unless another insurance policy complying with the provisions of this section shall be
provided and be in full force and effect at the time of such cancellation or other
termination.
i. "OCCURRENCE" FORM REQUIRED. All coverage furnished hereunder shall be
written on an "occurrence" basis) not a "claims made" basis, provided, however, a
combination of"claims made" coverage and "extended reporting endorsement" ("tail
coverage") for an indefinite period following expiration of this Contract shall be
considered equivalent to "occurrence" coverage. Furthermore, nothing in this
provision shall be construed as prohibiting partial self-funding of defined aspects of
coverage, provided self-funding financial arrangements and risk-management aspects are
approved by the Coalition, which approval shall not be unreasonably withheld.
5.2 INDEMNIFICATION. ETMC EMS covenants and agrees that it will indemnify and
hold harmless the Coalition, and each Member Jurisdiction and their officers and
employees, from any claim, loss, damage, cost, charge or expense arising out of any act,
action, neglect or omission by ETMC EMS during the performance of this Contract,
except that neither ETMC EMS, East Texas Medical Center Regional Healthcare System,
nor any of their subcontractors, or assignees, will be liable under this section for damages
arising out of injury or damage to persons or property directly caused or resulting from
the negligence of the Coalition, or any Member Jurisdiction or any of their officers,
agents, representatives or employees.
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Page 16 of 25
ARTICLE VI
MAJOR DEFAULT & REPLACEMENT PROVISIONS
6.1 MAJOR DEFAULT DEFINED. Conditions and circumstances that shall constitute a
major default by ETMC EMS shall include but not be limited to the following:
a. Supplying to the Coalition during the contracting process, false information or
information so incomplete as to effectively mislead;
b. Willful falsification of data supplied to the Coalition or to the Medical Control Board
during the course of operations, including by way of example but not by way of
exclusion, dispatch data, patient report data, response time data, financial data, or willful
downgrading of presumptive rim code designations or deliberate omission of any other
data required under this Contract;
c. Deliberate and unauthorized scaling down of operations to the detriment of
performance during a "lame duck" period;
d. Failure to maintain equipment in accordance with generally accepted maintenance
practices;
e. Willfill attempts by ETMC EMS to intimidate or otherwise punish non-management
employees who desire to interview with or to sign contingent employment agreements
with successful bidders following a subsequent bid cycle;
f Chronic and persistent failure of ETMC EMS's employees to conduct themselves in a
professional and courteous manner and to present a professional appearance;
g. Failure by ETMC EMS to cooperate with and assist the Coalition in its transfer of
ETMC EMS's operations after a major default has been declared by the Coalition, as
provided for in 6.2, next, even if it is later determined that such default never occurred or
that the cause of such default was beyond ETMC EMS's reasonable control;
h. Failure to substantially and consistently meet or exceed the various clinical and
response time standards required hereunder;
i. Intentional over billing in violation of provisions of this Contract.
6.2 DECLARATION OF MAJOR DEFAULT AND TRANSFER OF SERVICE. In the
event the Coalition determines that a major default has occurred, and if the nature of the
default is, in the opinion of the Coalition, such that public health and safety are
endangered, ETMC EMS shall be given written notice specifying the particular
complaints and identifying them as appropriate by date, place, etc. with a reasonable
opportunity(defined as 72 hours for deficiencies dangerous to public health and safety
Page 17 of 25
and thirty(30) days for any other deficiencies) to correct said deficiency. In the event
ETMC EMS fails to correct said deficiency within the time as set forth above, ETMC
EMS may thereafter be found to be in default (as set forth in Section 6.3). In such event,
ETMC EMS shall cooperate with the Coalition to effect a prompt and orderly transfer to
the Coalition of ETMC EMS's and the Coalitions responsibilities as set forth in Section
6.3.
6.3 MAJOR DEFAULT. In the event of a major default and the failure to cure same as set
forth in Section 6.2, ETMC EMS shall transfer its responsibilities within seventy-two
(72) hours thereafter upon such finding of a major default by the Coalition.
Notwithstanding the foregoing, ETMC EMS does not waive its rights to challenge such
declaration and may dispute such issue in a court of law and, if successful, recover all its
damages as allowed by law.
6.4 DEFAULT NOT DANGEROUS TO PUBLIC HEALTH AND SAFETY. If the Coalition
declares ETMC EMS to be in major default on grounds other than performance
deficiencies dangerous to public health and safety, ETMC EMS may dispute and legally
resolve the Coalition's claim of major default prior to transfer of ETMC EMS's operations
by the Coalition.
6.5 "LAME DUCK" PROVISIONS. Should ETMC EMS fail to prevail in a future
procurement cycle, the Coalition shall obviously depend upon ETMC EMS to continue
provision of all services required under this Contract until the new contractor assumes
service responsibilities. Under these circumstances, ETMC EMS would, for a period of
several months, serve as a "lame duck" contractor. To ensure continued performance
fully consistent with the requirements of this Contract throughout any such "lame duck"
period, the following "lame duck" provisions shall apply:
a. Throughout such "lame duck" period, ETMC EMS shall continue all operations and
support services at substantially the same levels of effort and performance as were in
effect prior to the award of the subsequent contract to a competing firm;
b. ETMC EMS shall make no changes in methods of operation that could
reasonably be considered to be aimed at cutting ETMC EMS's service and operating costs
to maximize profits during the final stages of this Contract; and,
c. The Coalition recognized that, if a competing firm prevails in a future procurement
cycle, ETMC EMS may reasonably begin to prepare for transition of service to the new
contractor during the "lame duck" period, and the Coalition shall not unreasonably
withhold its approval of ETMC EMS's requests to begin an orderly transition process,
including reasonable plans to relocate staff, scale down certain inventory items, etc., so
long as such transition activities do not impair ETMC EMS's performance during the
"lame duck" period and so long as such transition activities are prior-approved by the
Coalition.
6.6 PERFORMANCE BOND. To provide protection to the Coalition, a One-Hundred
Thousand Dollar($100,000)Performance Bond will be assessed ETMC EMS, pursuant
to the provisions for declaration of major default set forth herein.
Page 18 of 25
ARTICLE VII
TERM AND RENEWAL
7.1 TERM OF AGREEMENT.
This contract shall be for a period of five (5) years beginning October 1, 2003 ("Initial
Term").
7.2 RENEWAL TERMS. CONTRACT will automatically be renewed for an additional five
(5)year extension. Either party shall have the right to terminate this contract at the end
of the Initial Term by providing the other party with three hundred sixty five (365) days
written notice prior to such date.
ARTICLE VIII
REPORTS
8.1 RESPONSE TIME COMPLIANCE. Within ten(10) days after the close of each
calendar month, ETMC EMS shall provide to the Coalition an accounting of response
time performance relative to transports for ambulance service originating within that
jurisdiction.
ARTICLE IX
GENERAL PROVISIONS
9.1 CHARACTER AND COMPETENCE OF PERSONNEL. All persons employed by
ETMC EMS in the performance of work under this Contract shall be competent and
holders of appropriate permits in their respective trades or professions. The Coalition
may demand the removal of any person employed by ETMC EMS who chronically
misconducts himself or is chronically incompetent or negligent in the due and proper
performance of his duties, and such person shall not be reassigned by ETMC EMS for
production of services under this Contract without the written consent of the Coalition,
provided, however, that the Coalition shall not be arbitrary or capricious in exercising its
rights under this provision, and shall be required to document in writing the specific
reasons for exercising rights relative to any given employee, and shall also give that
Page 19 of 25
employee an opportunity to defend himself in the presence of ETMC EMS's chief
executive officer and Medical Director and the Directors of the Coalition's governing
board prior to removal.
9.2 PERMITS & LICENSES. ETMC EMS shall be responsible for obtaining all necessary
permits and licenses required for initiation and completion of its work under this
Contract.
9.3 ASSIGNMENT. ETMC EMS will have the right to assign this Agreement to any related
or affiliated entity of the East Texas Medical Center Regional Healthcare System without
any party's prior consent. Otherwise, this Agreement shall not be assigned or transferred
without the expressed written consent of the Coalition. Such written consent shall not be
unreasonably withheld.
9.4 RIGHTS AND REMEDIES NOT WAIVED. ETMC EMS agrees that the work specified
in this Contract shall be completed without further consideration of the market rights
provided for herein and that the acceptance of work and the payment of user fees and
subsidy amounts (if any) shall not be held to prevent maintenance of an action for failure
to perform such work in accordance with this Agreement. In no event shall payment by a
Member Jurisdiction (if any such payments are made) hereunder constitute or be
construed to be a waiver by the Coalition of any default or covenant or any default which
may then exist on the part of ETMC EMS, and the making of such payment while any
such default exists shall in no way impair or prejudice any right or remedy available to
the Coalition with respect to such default.
9.5 ATTORNEY FEES. If either the Coalition or ETMC EMS institutes litigation against the
other party to secure its rights pursuant to this Contract, the prevailing party shall be
entitled to the actual and reasonable costs of litigation and reasonable attorney's fees in
addition to any other relief to which such party may be entitled.
9.6 NON-DISCRINIINATION. ETMC EMS agrees as follows:
a. ETMC EMS will not discriminate against any employee or applicant for employment
because of race, religion, color, national origin, disability, sex or age. ETMC EMS will
take affirmative action to ensure that applicants are employed and that employees are
treated during employment without regard to their race, religion, color, national origin,
disability, sex or age. Such action shall include, but not be limited to the following: (i)
employment, upgrading, demotion or transfer; (ii) recruitment or recruitment advertising;
(iii) layoff or termination; (iv) rates of pay or other forms of compensation; and (v)
selection for training, including apprenticeship. ETMC EMS agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be
provided setting forth the provisions of this non-discrimination clause.
b. ETMC EMS will, in all solicitations or advertisements for employees placed by or on
behalf of ETMC EMS, state that all qualified applicants will receive consideration for
employment without regard to race, religion, color, national origin, disability, sex or age.
9.7 COMPLIANCE WITH LAWS. The services furnished by ETMC EMS under this
Page 20 of 25
Contract shall be rendered in substantially full compliance with applicable federal, state
and local laws, rules and regulations. It shall be ETMC EMS's responsibility to
determine which laws, rules and regulations apply to the services rendered under this
Contract and to maintain compliance with those applicable standards at all times.
9.8 SEVERABILITY. In the event any provision hereunder is determined to be illegal,
invalid or unenforceable under applicable law, said provision shall be deemed deleted
from this Agreement as if never contained herein and the remainder of this Agreement
shall remain enforceable.
9.9 HEADINGS. The Paragraph headings, articles, sections and captions contained in this
Contract are solely for the convenience of the Parties and shall in no manner be construed
as part of this Agreement.
9.10 CHOICE OF LAW. This Agreement shall be governed by the laws of the State of Texas,
and, in the event of litigation with respect to this Agreement or any of its terms, venue
shall rest in Collin County, Texas.
9.11 ENTIRE AGREEMENT. This Agreement supersedes any and all other agreements,
whether oral or in writing, between the Parties hereto with respect to the subject matter
hereof, and no other agreement, statement or promise relating to the subject matter of this
Agreement that is not contained herein shall be valid or binding unless in writing signed
by all Parties.
9.12 AMENDMENT. This Agreement may be amended by a writing upon the agreement of
both Parties so as to conform to the law or any changes in the law and/or regulations
applicable to the terms of this Agreement. If the Coalition refuses to amend the
Agreement in accordance with this Section, such action shall be considered a breach of
this Agreement and the Agreement may be terminated by ETMC EMS.
9.13 NO WAIVER. The failure of either party to insist at any time upon the strict observance
of performance of any provision of this Agreement or to exercise any right or remedy as
provided in this Agreement shall not impair any right or remedy of such party or be
construed as a waiver or relinquishment thereof with respect to subsequent defaults or
breaches. Every right and remedy given by this Agreement to the Parties hereto may be
exercised from time to time and as often as may be deemed expedient by the appropriate
party.
9.14 INCORPORATION OF SCHEDULES. Schedule A, Uniform EMS Ordinance and
Schedule B, Commitment to 1st Responder Support and Quality Care, Schedule C,
Quality Improvement Program are expressly incorporated within this Contract as though
written and contained directly within the text of this Contract.
9.15 CORRESPONDENCE. All notices hereunder by either Party to the other shall be in
writing, delivered personally, by certified or registered mail (postage prepaid), return
receipt requested or by overnight courier services (charges prepaid) and shall be deemed
to have been duly given when delivered personally, when deposited in the United States
mail or delivered to the overnight courier, addressed as follows:
Page 21 of 25
If to ETMC EMS:
Anthony J. Myers, Vice President/COO
East Texas Medical Center Emergency Medical Service
P.O. Box 387
Tyler, Texas 75710
If to Coalition:
Attention:
or to such other persons or places as either Party may, from time to time, designate by
written notice to the other.
9.16 INDEPENDENT CONTRACTOR. In performing this Contract, ETMC EMS is acting
as an independent contractor with respect to the Coalition and neither ETMC EMS nor
any ETMC EMS staff shall be considered employees of the Coalition. It is agreed and
acknowledged by the Parties that, as an independent contractor, ETMC EMS retains the
right to contract with and provide EMS services to entities and individuals other than the
Coalition; and nothing in this Agreement shall be interpreted as limiting or restricting in
any way ETMC EMS's right to do so. In no event shall this Agreement be construed as
establishing a partnership or joint venture or similar relationship between the Parties
hereto, and nothing herein shall authorize either Party to act as agent for the other, except
to the extent herein provided. The Coalition shall be liable for its own debts, obligations,
acts and omissions, including the payment of all required withholding, social security and
other taxes and benefits with respect to all Coalition personnel. Neither ETMC EMS nor
any ETMC EMS staff shall be subject to any Coalition policies solely applicable to the
Coalition's employees or be eligible for any employee benefit plan offered by the
Coalition.
9.17 FORCE MAJEURE. Neither Party shall be liable or deemed to be in default for any
delay or failure in performance under this Agreement or other interruption of service
deemed to result, directly or indirectly, from the acts of God, civil or military authority,
acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, failure of
transportation, strikes or other work interruptions by either Party's employees, or any
other similar cause beyond the reasonable control of either Party.
9.18 ACCESS TO RECORDS. As an independent contractor of the Coalition, ETMC EMS
shall, in accordance with 42 U.S.C., §1395x(v)(I)(I) (Social Security Act §1861 (v)(I)(I)
and 42 C.F.R., Part 420, Subpart D, §420.300, et seq., until the expiration of four(4)
years after the furnishing of Medicare reimbursable Services pursuant to this Contract,
upon proper written request, allow the Comptroller General of the United States, the
Department of Health and Human Services and their duly authorized representatives
access to this Agreement and to ETMC EMS's books, documents and records(as such
Page 22 of 25
terms are defined in 42 C.F.R., §420.301) necessary to verify the nature and extent of
costs of Medicare reimbursable Services provided under this Contract. In accordance
with such laws and regulations, if Medicare or Medicaid reimbursable services provided
by ETMC EMS under this Contract are carried out by the means of a subcontract with an
organization related to ETMC EMS, and such related organization provides the services
at a value or cost of$10,000 or more over a twelve (12)month period, then the
subcontract between ETMC EMS and the related organization shall contain a clause
comparable to the clause specified in the preceding sentence. No attorney-client,
accountant-client or other legal privilege shall be deemed to have been waived by
ETMC EMS or the Coalition by virtue of this Contract.
9.19 ENTIRE AGREEMENT; MODIFICATION. This Contract contains the entire
understanding of the Parties with respect to the subject matter hereof and supersedes all
prior agreements, oral or written, and all other communications between the Parties
relating to such subject matter. This Contract may not be amended or modified except by
mutual written agreement.
9.20 CHANGE IN LAW. Notwithstanding any other provision of this Agreement, if the
governmental agencies (or their representatives) which administer Medicare, any other
payor or any other federal, state or local government or agency passes, issues or
promulgates any law, rules, regulation, standard or interpretation, or any court of
competent jurisdiction renders any decision or issues any order, at any time while this
Agreement is in effect, which prohibits, restricts, limits or in any way substantially
changes the method or amount of reimbursement or payment for Services rendered under
this Agreement, or which otherwise significantly affects either Party's rights or
obligations here under, either Partly may give the other notice of intent to amend this
Agreement to the satisfaction of both Parties, to compensate for such prohibition,
restriction, limitation or change. If this Agreement is not so amended in writing within
ten (10) days after said notice was given, this Agreement shall terminate as of midnight
on the tenth (10th) day after said notice was given.
9.21 CONSENTS, APPROVALS AND EXERCISE OF DISCRETION. Except as may be
herein specifically provided to the contrary, whenever this Agreement requires any
consent or approval to be given by either Party, or either Party must or may exercise
discretion, the Parties agree that such consent or approval shall not be unreasonably
withheld or delayed, and such discretion shall be reasonably exercised in good faith.
9.22 THIRD PARTIES. None of the provisions of this Agreement shall be for the benefit of
third parties or enforceable by any third party. Except as provided above, any agreement
to pay an amount and any assumption of a liability herein contained, expressed or
implied, shall only be for the benefit of the Parties hereto and such agreement or
assumption shall not inure to the benefit of any third party, including an obligee.
Page 23 of 25
9.23 PARAMEDIC SKILL LEVELS. Effective October 1, 2003, ETMC EMS Paramedic
skill levels will be implemented as follows:
a. Texas State EMS-P Certification
b. Basic Trauma Life Support or equivalent
c. Driver Training
d. Advanced Cardiac Life Support
e. Advanced-Pediatric Emergency Care or equivalent
9.24 TERMINATION OF CONTRACTS. In the event any of the Member Jurisdictions
signing below as a principal of this Contract have individual contracts with East Texas
Medical Center Emergency Medical Service for ambulance service as of the
Commencement Date of this Agreement, such contractual arrangements and agreements
shall terminate contemporaneously with the execution of this Agreement.
9.25 COUNTERPARTS. This Contract may be executed in multiple counterparts, and is
effective on the last date of execution indicated below.
City of Lavon, Texas East Texas Medical Center
d/b/a/East Texas Medical Center
Emergency Medical Service
Mayor Date Anthony J. Myers, V/P Date
Printed Name:
City Manager Date
Printed Name:
City of Lucas, Texas City of Murphy, Texas
Mayor Date Mayor Date
Printed Name: Printed Name:
City Manager Date City Manager Date
Printed Name: Printed Name:
Page 24 of 25
City of St. Paul, Texas City of Wylie, Texas
Mayor Date Mayor Date
Printed Name: Printed Name:
City Manager Date City Manager Date
Printed Name: Printed Name:
City of Parker, Texas
Mayor Date
Printed Name:
City Manager Date
Printed Name:
Page 25 of 25
WYLIE CITY COUNCIL
AGENDA ITEM NO. 3.
August 12, 2003
Issue
Consider and act upon Ordinance No. 2003-15 adopting changes and additions to the Fire
Department/Dispatch Service Alarm Monitoring Program Rates and Fees Schedule.
Background
The City of Wylie has an ordinance regulating fees that allows the city to charge for services rendered
by city departments that have been approved by City Council. The attached is a list of fees and proposed
charges that are based on area cities providing like services. These services are provided by the Fire
Department and Dispatch Services Alarm Monitoring Program.
Occasionally, it is necessary to adjust fees in order to keep up with rising costs in relation to city
expenses. Cities undergoing similar growth enact permits and fee schedules in order to maintain a high
level of a service and ensure fire safety issues important to public safety have been addressed. Basic
explanations for increases follow:
1. Many inspections require multiple visits in order to complete final inspection. A typical new fire
sprinkler system requires at least five inspections. These inspections include component verification and
system capabilities.
2. Fire alarm inspections routinely need at least three inspections to ensure proper functioning in the
event of an emergency. Systems are required to pass a central station test that requires flawless operation
and dispatch of emergency services in a time specific time frame.
3.Building plan reviews require site visits throughout the construction process to insure proper fire code
application and by request to facilitate changes that occur during the construction process. Plan reviews
require application of life safety related fire code issues and are an important public safety service
currently performed without compensation.
4. Permit fees for Fire Safety Plan reviews will be based on square footage and the associated cost will
reflect the scope of the development. This will compensate the fire department for time spent on larger
developments which require a great deal of time to address fire safety.
Other Considerations
The proposed fee schedule changes have been revised to ensure improved and timely customer service,
recover costs related to inspections, and to correspond with fees currently being charged by surrounding
cities. The City currently has budgeted for a new Fire Inspector and an IT position both of which are
necessary and directly related to the cities rapid growth. The Fire inspection and review services
activities that are in place to protect the public. The new IT position would be trained and equipped,in
part, to reprogram alarm panels for citizens and local businesses to be monitored by Dispatch Services.
The "burglar" alarm permit charges are capped by the state at $50. The "other" alarm permit which
would include; hold up,fire, EMS, panic, zone, water flow, detectors, or any other alarm activating
systems are not regulated.
Financial Considerations
The approval of these fees would also eliminate monthly charges currently charged to citizens for
monitoring systems in Dispatch Services. Citizens that may be paying up to$40 a month or more for the
monitoring of alarm systems, could save as much as $480 a year. Municipal alarm monitoring
electronically routes alarm activations straight into the CAD system which saves minutes in processing
calls and reduces response times. This service increases the level of service to our citizens in public safety
while potentially saving them hundreds of dollars a year. This system also eliminates the third party
monitoring reducing risk of misinformation and wrong addresses.
Board/Commission Recommendations
N/A
Staff Recommendation
Staff recommends that Council approve the proposed fee schedule changes.
Attachments
Ordinance 98-16 (current fee schedule)
Proposed Fee Schedule
Proposed Ordinance (to follow from Abernathy's office)
Chief Shan. A. English ,
Prepared by Revie d by Finance " City Manag pproval
ORDINANCE NO. 2003-15
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
ORDINANCE NO. 98-16 (CONSOLIDATED FEES AND CHARGES/FEE
SCHEDULE ORDINANCE), SECTION 16.00 (ALARM SYSTEM FEES
AND CHARGES), SUBSECTION 16.01 (COMMERCIAL PERMIT FEE)
AND SUBSECTION 16.02 (RESIDENTIAL PERMIT FEE); AMENDING
SECTION 14.00 (FIRE CODE PERMIT FEES), SUBSECTIONS (B) AND
(J); AND ADDING SECTION 14.01 (FIRE ADMINISTRATION FEES);
PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY
CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE.
WHEREAS, the City Council of the City of Wylie ("City Council") has determined a
need to change some existing fees in and add some additional fees by amending Wylie
Ordinance No. 98-16, Consolidated Fees and Charges/Fee Schedule Ordinance, Section 16.00
(Alarm System Fees and Charges), Subsection 16.01 (Commercial Permit Fee) and Subsection
16.02 (Residential Permit Fee), amending Section 14.00 (Fire Code Permit Fees), Subsections
(b) and (j) and adding Section 14.01 (Fire Administration Fees); and
WHEREAS, the City Council has determined that the increase in fees and additional fees
are necessary to help with the cost of permits and inspections, including, but not limited to, the
cost of personnel time, gasoline, water and record keeping.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated as if
fully set forth herein.
SECTION 2: Amendment to Wylie Ordinance No. 98-16 (Consolidated Fees and
Charges/Fee Schedule Ordinance) Section 16.00 (Alarm System Fees and Charges), Subsection
16.01 (Commercial Permit Fee). Wylie Ordinance No. 98-16 (Consolidated Fees and
Charges/Fee Schedule Ordinance) Section 16.00 (Alarm System Fees and Charges), Subsection
16.01 (Commercial Permit Fee) is hereby amended to read as follows:
§ 16.01 Burglar alarm permit fee. An annual fee of $50.00 shall be charged for a
permit for all burglar alarms, whether commercial, residential or otherwise.
SECTION 3: Amendment to Wylie Ordinance No. 98-16 (Consolidated Fees and
Charges/Fee Schedule Ordinance) Section 16.00 (Alarm System Fees and Charges), Subsection
16.02 (Residential Permit Fee). Wylie Ordinance No. 98-16 (Consolidated Fees and
Charges/Fee Schedule Ordinance) Section 16.00 (Alarm System Fees and Charges), Subsection
16.02 (Residential Permit Fee) is hereby amended to read as follows:
ORDINANCE NO. 2003-15 7/30/2003
Page 1
§ 16.02 Other alarms permit fee. An annual fee of$50.00 shall be charged for a permit
for all alarm systems that are not burglar alarms, including, but not limited to, panic, fire and
EMS alarms, whether commercial, residential or otherwise.
SECTION 4: Amendment to Wylie Ordinance No. 98-16 (Consolidated Fees and
Charges/Fee Schedule Ordinance), Section 14.00 (Fire Code Permit Fees), Subsections (b) and
Q). Wylie Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance)
Section 14.00 (Fire Code Permit Fees Allowable With The Adoption of Section 105 of the 1994
Uniform Fire Code), Subsections (b) and (j) are hereby amended to read as follows:
(b) Flammable and combustible liquids storage(one time fee-per location) $250.00
(j) Liquefied petroleum gasses (one time fee-per location) $250.00
SECTION 5: Amendment to Wylie Ordinance No. 98-16 (Consolidated Fees and
Charges/Fee Schedule Ordinance), Section 14.01 (Fire Administration Fees). Wylie Ordinance
No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance), Section 14.01 (Fire
Administration Fees) is hereby added to the Ordinance to read as follows:
SECTION 14.01 FIRE ADMINISTRATION FEES
(a) After Hour Inspections (Inspections done
other than between 8:00 a.m. and 5:00 p.m.) $100.00
(b) Back-flow Prevention Permit $10.00
(c) Fire Lane Enforcement $65.00 per occurrence
(d) Burn Permits—re-inspection $25.00
(e) Trench Burns $500 initial &$100 per re-inspection
(f) Plan Reviews
1-100,000 square feet $0.02 per square foot
$2,000.00 for the first 100,000 square feet
100,001-300,000 square feet plus$0.017 for each additional square foot
$5,400.00 for the first 300,001 square feet
300,001 + square feet plus$0.01 for each additional square foot
$250.00 (permit fee includes the five
inspections required to receive the permit,
(g) Fire Sprinkler Permit plus one re-inspection at no charge, if needed)
$150.00 (permit fee includes the two
inspections required to receive the permit,
(h) Fire Alarm Permit plus one re-inspection at no charge, if needed)
$100.00 (fee will be waived if the Contractor
(i) Annual Contractor Registration (residential has paid a registration fee to Building
and commercial) Inspections
ORDINANCE NO. 2003-15 7/30/2003
Page 2
(j) Fire Plan Zoning (DIRT fees) $50.00
$25.00 (includes primary inspection and one
(k) Certificate of Occupancy Inspection re-inspection at no charge, if needed)
(I) Commercial Re-inspections (after the first
free re-inspection, if any) $75.00
(m) Hydrant Flow Testing Permit $50.00
SECTION 6: Savings/Repealing Clause. Wylie Ordinance No. 98-16 shall remain in full
force and effect, save and except as amended by this or any other ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in
conflict; but such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if
occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall
remain in full force and effect.
SECTION 7: Severability. Should any section, subsection, sentence, clause or phrase
of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it
is expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. Wylie hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 8: Effective Date. This Ordinance shall become effective from and after its
adoption.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS on this 12th day of August, 2003.
JOHN MONDY, Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
Carole Ehrlich, City Secretary
Date of Publication
ORDINANCE NO. 2003-15 8/6/2003
Page 3
Office Collecting
Fee Additional Items Proposed for Existing Fee Schedule
Proposed
Existing Fee Type of Permit Current Fee Fee Further Explanation Increase Justification
Typically,these types of inspections occur when a companies Overtime must be paid to the inspector and
business hours vary from the normal 8-5 hours(I.e.Wylie Opry, costs needs to be recovered when after
Utility Billing No After Hour Inspections N/A $100.00 driving schools,etc.) hour inspections are needed.
Fire Admin. No Hydrant Flow Testing Permit N/A $50.00 This requires the usage of hydrant water. Covers cost of water.
We have to track these facilities annually and provide necessary There is a lot of record keeping involved in
Fire Admin. Yes Flammable&combustible liquids storage $25 $250.00 paperwork to other entities. these facilities.
We have to track these facilities annually and provide necessary There is a lot of record keeping involved in
Fire Admin. Yes Liquefied petroleum gasses $25 $250.00 paperwork to other entities, these facilities.
Although fire sprinkler contractors are
required to be permitted and to register with
the city,currently maintenance contractors
Requires all companies specializing in back-flow prevention to be are not. Requiring such permitting will be
permitted within the City of Wylie to regulate Fire Sprinkler consistent with other cities and will enable
Fire Admin. No Back-flow Prevention Permit N/A $10.00 Systems fire prevention to monitor certifications.
Not currently fining individuals that block fire
Courts No Fire Lane Enforcement N/A $65.00 Per occurrence lanes.
Burn permits charges are currently$25 with no reinspection fees. Applicants are given the rules and
Rules®ulations are issued when the application is applied for. regulations at the time of application. It is
Inspections should pass the first time. This charge will)be necessary to cover the inspector costs for
Fire Admin. No Burn Permits--reinspection N/A $25.00 charged per reinspection reinspections(gasoline,time,etc.)
Applicants are given the rules and
regulations at the time of application. It is
$500 initial& necessary to cover the inspector costs for
$25 with no $100 per Trench burns are high risk burns,that requires TNRCC approval reinspections(gasoline,time,etc.)Fees
Fire Admin. Yes Trench Burns reinspection fee reinspection prior to WFD approval. adopted from surrounding cities.
No
Plan Reviews N/A (each review dependent on bldg.Sq.footage)
1-100,000 square feet $0.02 per square foot Plan reviews take a great deal of time.
Comm.Dev. Currently we do not charge for plan reviews.
for the first 100,000 square feet and.0.017 fore each addtion We adopted pricing from surrounding cities.
100,001-300,000 square feet $2,000.00 square foot
300,001+square feet $5,400.00 for the initial 300,001 and.01 for each addition square foot.
Fire Sprinkler inspections require a
minimum of five inspections taking
approximately one hour per inspection. The
current cost of fire sprinkler permits is$75
which does not cover the cities costs(I.e.
Fire Admin. Yes Fire Sprinklers $50 $250.00 Per permit;includes five inspections and one free reinspection gasoline,payroll,etc.)
Increasing permit fees will encourage
contractors to request inspections when
systems are correctly set up and cover
Fire Admin. Yes Fire Alarm $50 $150.00 Per permit;includes two inspections and one free reinspection inspection costs(I.e.gasoline,payroll,etc.)
Office Collecting
Fee Additional Items Proposed for Existing Fee Schedule
Type of Permit Fee Further Explanation Increase Justification
Building Inspections charges contractor
fees and currently the fire department only
charges contractor fees for sprinkler
contractors. This will allow us to require all
commercial/residential contractors to
register with the city. These contractor fees
will be fire department specific;however if a
contractor has already registered with
$100 per calendar year for all contractors--currently only charging Building Inspections,the contractor will not
Fire Admin. Yes Annual Contractor Fees $100 $100.00 fire sprinkler contractors be charged additional registration fees.
Currently the fire department does not
charge for DIRT reviews as Planning&
Zoning does. Fees will cover city costs for
fire department attendance at development
Planning&Zone No Fire Plan Zoning(DIRT fees) N/A $50.00 Per submittal meetings.
Currently the fire department does not
charge for C/O inspections.C/O inspections
generally take longer than annual
Comm.Dev. No C/O Inspection N/A $25.00 Primary inspection and one free reinspection inspections.Fees will cover city costs.
All permits allow for one free reinspection.
A company should be able to pass the
second inspection as all corrections were
noted on first inspection. Reinspection fees
Each inspection after the first free reinspection is charged$75 per will help recover city fees(I.e.gasoline,
Utility Billing No Re-inspections(after the first free reinspection) N/A $75.00 re-inspection for all commercial inspections. payroll,etc.)
Currently individuals pay$20 per month for
both services with the City of Wylie's service
Utility Billing Yes Burglar Alarm $20 per month $50.00 Annual fee or more for commercial services.
Currently individuals pay$20 per month for
Misc.Alarms(all others I.e.panic,fire,EMS, both services with the City of Wylie's service
Utility Billing Yes zone,water flow,hold up,etc.) $20 per month $50.00 Annual fee or more for commercial services.
Fee schedule (already approved by Wylie Council)
Aerosol products storage $ 25.00
Aircraft refueling vehicles $ 25.00
Aircraft repair hangar $ 25.00
Automobile Wrecking Yard $ 25.00
Bowling pin or alley refinishing $ 25.00
Candles and open flames in assembly areas $ 25.00
Cellulose nitrate film$25 $ 25.00
Cellulose nitrate storage$25 $ 25.00
Combustible fiber storage$25 $ 25.00
Combustible material storage$25 $ 25.00
Commercial rubbish handling operation $ 25.00
Compressed gasses $ 25.00
Cryogens $ 25.00
Dry cleaning plants $ 25.00
Dust-producing operations $ 25.00
Explosives&blasting agents $ 25.00
Flammable and combustible liquids storage $ 25.00
Fruit Ripening $ 25.00
Fumigation or thermal insecticidal fogging $ 25.00
Hazardous materials storage $ 50.00
Hazardous production materials $ 25.00
High-piled combustible storage $ 25.00
Liquefied petroleum gasses $ 25.00
Liquid or gas fueled vehicles or equipment in
assembly buildings $ 25.00
Lumber yards $ 25.00
Magnesium working $ 25.00
Mall,covered $ 25.00
Organic coatings $ 25.00
Ovens,industrial baking and drying $ 25.00
Places of assembly $ 25.00
Radioactive material $ 25.00
Refrigeration materials $ 25.00
Spraying or dipping $ 25.00
Tents and temporary membrane structures $ 25.00
Tire storage $ 25.00
Welding&Cutting Operations $ 25.00
Asbestos removal $ 25.00
Carnivals&Fairs $ 25.00
Fire Hydrants&water control valves $ 25.00
Fireworks event $ 500.00
Pyrotechnical special effects material $ 25.00
CITY OF WYLIE, TEXAS ORDINANCE NO. 9 -I(p
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, PROVIDING FOR THE
ESTABLISHMENT OF A CONSOLIDATED FEES AND CHARGES ORDINANCE
INCLUDING WATER AND SEWER RATES AND FEES; CONSTRUCTION
PERMITS AND FEES; IMPACT FEES; SPECIAL DISTRICT FEES; STREET
RECONSTRUCTION FEES PERIMETER STREETS FEE IN LIEU OF
CONSTRUCTION; MAINTENANCE BO&DS; ZONING AND PLATTING FEES;
GARBAGE,TRASH AND BRUSH FEES;PEDDLERS'AND SOLICITORS'FEES;
COPYING CHARGES;FINGERPRINTING;TAXICAB FEES;FIRE CODE PERMIT
FEES;PARKLAND DEDICATION FEES;ALARM SYSTEM FEES AND CHARGES;
ANIMAL FEES;LIBRARY FEES;EXCAVATION PERMIT FEES;COMMUNITY
CENTER FEES; MANUFACTURED HOME LICENSE AND PERMIT FEES;
SIDEWALK AND DRIVEWAY APPROACH PERMIT FEES; WASTEWATER
PRETREATMENT PERMIT FEE;CARNIVAL LICENSE FEE;COIN-OPERATED
MACHINE TAX;DANCE HALL LICENSE FEES;POOL HALL LICENSE FEES;
GARAGE SALE PERMIT FEES; WRECKER SERVICE FEES; MASSAGE
ESTABLISHMENT AND SERVICE FEES; JUNKYARD AND SALVAGE YARD
LICENSE FEES; ANNUAL TAX ON AUCTIONEERS; FOOD SERVICE
ESTABLISHMENT FOOD STORE PERMIT FEES; GARAGE KEEPER'S
ABANDONED VEHICLE REPORT FEE; MUNICIPAL COURT SPECIAL FEES;
VEHICLE IMPOUNDING FEES; WASTE HAULING PERMIT FEES;
WASTEWATER DISCHARGE PERMIT APPLICATION FEE; MOWING AND
RUBBISH CLEAN UP CHARGES AND FEES;ATHLETIC FACILITY CHARGES
AND FEES; RIGHT-OF-WAY ABANDONMENT FEE; SEXUALLY ORIENTED
BUSINESS FEES;MUNICIPAL COURT BUILDING SECURITY FEES;AMENDING
ALL CONFLICTING ORDINANCES; PROVIDING A PENALTY CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS,The City Council of the City of Wylie,has determined a need to have a consolidated fees and charges
ordinance for the City of Wylie,Texas;and, •
WHEREAS,The City of Wylie does not have such a consolidated fees and charges ordinance;and,
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS,THAT:
The following fees and charges are adopted by the City Council of the City of Wylie,Texas for the City and outside the
City limits where applicable.
SECTION 1.00 WATER AND SEWER RATES AND FEES.
§1.01 Water and sewer service deposit.
Each water customer shall make a deposit to the City of Wylie for water service and sewerage service in accordance
with the following schedule:
(a) Residential customers:
(1) Water service $30.00
(2) Sewer service 30.00
(b)Commercial customers:
(1) Water service 62.50
(2) Sewer service 62.50
§ 1.02 Water rates.
(a) The following monthly water rates shall apply to all residential customers within the corporate limits of the City
of Wylie,Texas:
(1) Monthly minimum charge for first 1,000 gallons of metered water consumption $8.90
(2) Volume charge for all consumption exceeding 1,000 gallons(per 1,000 gallons):
1,001 to 2,000 gallons(per 1,000 gallons) 1.92
Over 2,000 gallons(per 1,000 gallons) 2.65
(b)The following monthly water rates shall apply to all commercial customers,(other than apartments,mobile home
parks and other multi-unit dwellings not individually metered)within the corporate limits of the City of Wylie,Texas:
(1) Monthly minimum charge for first 1,000 gallons of metered water consumption $12.15
(2) Volume charge for all consumption exceeding 1,000 gallons(per 1,000 gallons):
1,001 to 2,000 gallons(per 1,000) 2.02
Over 2,000 gallons(per 1,000) 2.65
(c) The following water rates shall apply to all apartments,mobile home parks,and other multi-unit dwellings,not
individually metered,within the corporate limits of the City of Wylie,Texas:
(1) Monthly minimum charge for first 1,000 gallons of metered water consumption $12.15
(2) Volume charge for all consumption exceeding 1,000 gallons(per 1,000 gallons):
1,001 to 2,000 gallons(per 1,000 gallons) 2.02
Over 2,000 gallons(per 1,000) 2.65
(3) An additional charge of$4.00 per occupied unit,with occupancy being determined as of the fifth day of the
month preceding the billing.
(d) The monthly water charge for any customers(residential,commercial,apartment,mobile home park,or other
multi-unit dwelling not individually metered)located outside the corporate limits of the City of Wylie,Texas,shall be at the
rate of 115 percent of the rate charged customers inside the corporate limits of the city.
(e) Any bulk water customer who desires to withdraw water from a hydrant or other source,not metered and charged
directly to them,shall fill out a water application form and sign the form in the same manner as a regular metered customer.
Bulk water rate charges are to be charged in 25-gallon increments at the same rates as the commercial customers.
§1.03 Sewage collection and treatment rates.
(a) The following monthly sewage collection and treatment rates shall apply to all residential customers of the City
of Wylie,Texas:
(1) Monthly minimum charge(first 1,000 gallons of metered consumption) $10.00
(2) Volume charge for all consumption exceeding 1,000 gallons(per 1,000 gallons) 1.45
(3) The total charge for any month shall be subject to maximum of 29.57
(b) The following monthly sewage collection and treatment rates shall apply for all nonresidential customers of the
City of Wylie,Texas:
(1) Monthly minimum charge(first 1,000[gallons]of metered consumption) $14.00
(2) Volume charge for all consumption exceeding 1,000 gallons(per 1,000 gallons) 1.45
(c) A sewer fee of$18.00 shall be charged for each apartment unit,multiple-family unit,or mobile home space and
special areas such as washateria,swimming pools,etc.,where the apartment,multiple-family development or mobile home
park is on a master meter for water consumption with the City of Wylie.
(d) In addition to the charges listed above for sewage collection and treatment service,a flat rate pass-through charge
shall be applied monthly to each customer account in order to recover the projected annual increase in costs related to debt
service requirements for expansion of the city's wastewater treatment plant,as follows:
(1) For residential customers the fee shall be$2.00 for the first 1,999 gallons and$5.00 for all amounts
thereafter for maximum of$5.00 per month.
(2) For commercial customers the fee shall be$7.50 per month.
(3) For apartments and mobile home parks,and other multi-unit dwellings the fee shall be$5.00 per month
per occupied unit,with occupancy being determined as of the fifth of the month preceding the billing.
CONSOLIDATED FEES AND CHARGES ORDINANCE-page 2
(e) The monthly water and sewer rate charge for residential and commercial customers located outside the corporate
limits of the City of Wylie,Texas,shall be at the rate of 115 percent of the rate charged customers inside the corporate limits
of the city,including sewer pass-through fees.
(1) All references to gallons and consumption in this section shall mean water usage,which shall be used to determine
the sewer rates herein imposed.
§1.04 Returned check charge.
Each and every check or bank draft,used as payment to the city for services,which is returned for insufficient funds,
shall have a charge of$20.00 assessed against the account.
§1.05 Utility account establishment charge.
Each time a customer changes his place of occupancy and requests water service or a change in billing address or a new
account is established,a charge of$5.00 shall be made.
§1.06 Past due account penalty; restoration charges.
(a) The charges for water and/or sewer service shall be billed and collected monthly as a utility charge payable to the
City of Wylie.All charges not paid within 16 days from the date that the bill is rendered shall be delinquent,except when
the 16th day falls on Saturday,Sunday,or a legal holiday under which condition such bill shall be due by 5:00 p.m.Central
Time,on the next working day following such Saturday,Sunday,or legal holiday.
(b) All payments made after the 16th day will bear a late charge or penalty of$1.00 or five percent,whichever is
larger,on such monthly charge.
(c) A customer's utility service may be disconnected if a bill has not been paid or a deferred payment agreement
entered into within 26 days from the date of issuance of a bill and if proper notice has been given.Proper notice shall consist
of a separate mailing or hand delivery at least ten days prior to a stated date of disconnection,with the words"termination
notice"or similar language prominently displayed on the notice.The information included in the notice shall be provided
in English and Spanish as necessary to adequately inform the customer.Attached to or on the face of the termination notice
shall appear a statement notifying the customer that if they are in need of assistance with payment of their bill,they may be
eligible for alternative payment programs,such as deferred payment plans,and to contact the water department of the City
of Wylie for more information.If mailed,the cgtoff day may not fall on a holiday or weekend,but will be on the next
working day after the tenth day. Service may not be discontinued for non-payment of a residential account if a permanent
occupant of the residence will become seriously ill as a result of discontinued service. If a customer seeks to avoid
termination on this basis,the customer must have the attending physician call or contact the water department within 16 days
of the issuance of the bill.A written statement must be received by the water department from the physician within 26 days
of the issuance of the bill.The limit on termination shall last 63 days from the issuance of the bill or a lesser period if agreed
by the parties. The customer who makes such request shall enter into a deferred payment plan to accomplish payment of
the bill.
(d) If it is necessary to terminate water service for nonpayment,a charge of$30.00 shall be paid prior to restoration
of the service if the service is restored between the hours of 8:00 a.m.and 5:00 p.m.,Central Time,on weekdays.At other
times,the restoration charge shall be$45.00.
(e) If water and sewer service are terminated by customer request,the charge for restoring the service shall be$10.00
which will be added to the next month's bill.
§1.07 Temporary connection charge.
A fee of$20.00 shall be paid in advance for temporary water service to a utility customer for activities such as cleaning,
plumbing checks,remodeling and so forth.This service will be for three working days,excluding the date the fee is paid.
§ 1.08 Special service connection fee.
Upon receipt of an application for service and payment of all required deposits,connection of utility service shall be
made by the city. If requested by the customer,and if the application and deposit are received prior to 12:00 noon, all
CONSOLIDATED FEES AND CHARGES ORDINANCE-page 3
reasonable efforts will be made to connect service by the end of the same working day.If the application and deposit are
received after 12:00 noon, and upon payment in advance of a $25.00 special service connection fee, service will be
connected by the end of the same working day.Otherwise,all reasonable efforts will be made to connect service by the end
of the following day.
§1.09 Special meter reading charge.
A special meter reading charge of$10.00 shall be charged on the existing water bill when requested by a customer if
the reading is determined to be correct.No reading charge will be made if it is determined the original reading was not
correct.
§1.10 Water and sewer tap fees.
The following represent the charges the City of Wylie shall require to be paid for tapping a water main and sanitary
sewer for service and the extension of that service to the property line.All water and sewer service lines on private property
are the responsibility of the individual property owner under the current Uniform Plumbing Code adopted by the city council
of the City of Wylie.
(a) Water taps.The tapping fee for single unit residences and commercial connections with the city water distribution
system shall be:
Meter Size(inches) Meter and Tap Cost
1"or Smaller $750
Greater than 1" Total cost of meter,materials and labor
(b) Water laps. The tapping fee for master meter connections for multifamily dwellings,mobile home parks,office
buildings,etc.,shall be$25.00 per living unit plus the cost of meter,materials and labor.
(c) Sewer taps. The tapping fee for single unit residences and conuncrcial connections with the city sanitary sewer
collection system shall be:
Size of Service 1,ine(inches) Cost
4" $160.00,plus cost of materials and labor
6"and over $220.00,plus cost of materials and labor
(d) Sewer taps. The tapping fcc for single sanitary sewer for multifamily dwellings, mobile home parks, office
buildings,etc.,shall be$20.00 per living unit or separate place of business plus the cost of materials and labor.
(e) Water and sewer connection inspection fees. The fee for inspecting developer made water and sewer taps shall
be$25.00 per connection made.
§1.11 Resetting meter charge.
The charge for resetting a water meter at the request of the customer shall be the rate shown in section 1.10(a)
hercinabovc.
§1.12 Pro rata water and sewer charges.
(a)The city may extend water and sanitary sewer mains in the streets,alleys and utility easements in the City of Wylie
in order to permit connections for those persons desiring water and sewer service.The individual,corporation or partnership
requesting the service shall pay the city an amount equal to the cost of all materials,labor,equipment and other costs to
provide the requested extension.At any time additional connections are made to the water and/or sewer mains,the city shall
collect from the individual connecting to the main(s) an amount equal to the proportional amount of footage of the
connectors land abutting the sewer and repay the same to the original requestors of service or designated recipients.
CONSOLIDATED FEES AND CHARGES ORDINANCE-page 4
(b)Existing mains adjacent to property other than subdivisions.
Where an area,lot or tract of land abuts any existing water or sanitary sewer main,and when such water or sanitary
sewer main spans the complete frontage of the area,lot or tract of land,the following charges,known as pro rata
shall be made against the owner of the area,lot or tract of land seeking a connection to the water or sanitary sewer
main.The charge shall be 50 percent of the total cost for the installation of the water or sanitary sewer main at the
time the main was constructed,as determined by the city engineer,based upon the greater amount determined by
the front foot method and the acreage method.The cost assessment is to be determined from existing cost records
maintained by the city with the total cost(construction,engineering and inspection)distributed for the total length
of the project on a linear footage basis and the total service area on an acreage basis.Front foot cost is defined as
the total cost of the project divided by the total length of the main extension(i.e.$100,000.00 divided by 1,000
L.P.=$10.00/L.F.).Acreage cost is defined as the total cost of the project divided by the service area of the main
extension(ie.$100,000.00 divided by 100 acreage).In no instance shall the front foot cost be less than$7.50 per
front foot nor shall the acreage cost be less than$500.00 per acre.
§1.13 Development/subdivision water charges.
All developers or subdivider who are tying into the water and sewer system of the City of Wylie shall pay an initial fee
equivalent to the gallon capacity of their water system distribution lines multiplied by a factor of three at the prevailing rate
per 1,000 gallons of the lowest rate per 1,000 currently in effect at the time actual usage occurs.The final determination of
the amount of gallons to be charged shall be determined by the city engineer.Any water used subsequent to the initial
loading and flushing of the installed lines shall be accomplished by the developer or subdivider securing a meter attachment
to a fire hydrant.This fee shall be due and payable prior to approval of the final plat.
§1.14 Charge for replacing meter box.
The cost for replacement of any plastic water meter box is$55.00.
§ 1.15 Charge for replacing sewer clean out caps.
The cost for replacement of property line sewer clean out caps is$5.00.
§1.16 Meter testing fee.
When any utility customer is of the opinion that a water meter is registering incorrectly,the customer may make a
request to the city for testing of the meter.A field test will be provided for the customer's meter without charge once every
two years.If the customer desires a calibration and certification test,then at the time such request is made,the customer shall
make a$20.00 deposit with the city.If the test shows that the meter is registering consumption in excess of actual flow by
more than two percent,the meter shall be replaced with an accurate one at the expense of the city,and the$20.00 deposit
shall be returned to the customer.If the test shows that the meter is registering consumption at less than actual flow or in
excess of actual flow by two percent or less,the$20.00 deposit shall be retained by the city to defer the cost of such test.
SECTION 2.00 CONSTRUCTION PERMITS AND FEES.
§2.01 Project permits.
(a) For the purposes of this section a project fee shall mean a permit that encompasses all phases and subphases of
construction of a new structure (including single-family, multifamily, commercial and industrial installations), and is
inclusive of all building,plumbing,mechanical and electrical installations that are usual and customary to new building
erection;but shall not include signage,fences,irrigation systems,fire sprinklers or other installations not customary and
usual to typical new structure construction.A project permit for reconstruction and/or extensive remodel or add-on may be
issued only with the prior approval of the building official.
(b) A non-refundable application processing fee of$50.00 per project shall be paid at the time of submittal.
(c) In addition to the application processing fee the following permit fees shall be imposed:
(1) New dwellings,up to four units(per unit) $420.00+$0.10 per square foot
CONSOLIDATED FEES AND CHARGES ORDINANCE-page 5
(2) Pool or spa 125.00
(3) Temporary buildings 80.00
(4) New commercial,apartments,accessory,additions,remodels,and finish outs/per 1,000 3.00
($50.00 minimum)
(d) A determination of value or valuation under any provision of this section shall be made by the building official.
The value to be used in computing the permit fees shall be the total value of all construction work for which the permit is
issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire
extinguishing systems and any other permanent equipment.
§2.02 Special permits.
Special permit fees are as follows:
(a) Building(minor) 50.00
(b) Certificate of occupancy 50.00
(c) Demolition 35.00
(d) Electrical fixtures:
Residential 35.00
Commercial 50.00
(e) Fence 20.00
(f) Fire sprinkler
Residential 35.00
Commercial 50.00
(g) House moving 50.00
(h) Lawn sprinkler
Residential 35.00
Commercial 50.00
(i) Mechanical
Residential 35.00
Commercial 50.00
(j) Plumbing
Residential 35.00
Commercial 50.00
(k) Sign 50.00
(1) Banner(temporary,30 day) 35.00
(m) Clean and show 35.00
(n) Weekend directional signs(per sign per year) 75.00
§2.03 Inspection,service fees.
Service fees for inspections are as follows:
(a) Reinspection 50.00
(b) Pre-brick inspection 35.00
(c) Temporary service/construction heat
Residential 35.00
Commercial 50.00
§2.04 License and registration fees.
License and registration fees are as follows:
(a) Plumbing contractor(annual registration) $75.00
(b) Electrical contractor(annual registration) 75.00
(c) Fire sprinkler contractor(annual registration) 75.00
(d) Lawn sprinkler contractor(annual registration) 75.00
CONSOLIDATED FEES AND CHARGES ORDINANCE-page 6
(e) Mechanical contractor(annual registration) 75.00
(f) Master electrician:
New license $100.00
Annual license 75.00
(g) Journeyman electrician(annual license) 25.00
§2.05 Subdivision development inspection fee.
A subdivision fee shall be charged each subdivision for inspection in the amount of one percent of the city's estimates
of the costs of the public works utilities and streets of new construction which are to be dedicated to the City of Wylie.Such
items shall include,but not be limited to,examples such as,street paving,storm drainage,water and sewer mains and other
items designated for conveyance to the city after completion of improvements through the process of public dedication.
These fees shall be paid prior to the start of construction.
SECTION 3.00 IMPACT FEES.
Whenever any such water meter or sewer tap is installed,in addition to the above and foregoing water meter installation
or sewer tap charge,there is also imposed an impact fee for all future water and sewerage connections to the city water and
sewerage system,in order to defray the impact burden thereof on said water and sewerage system of producing,treating,
distributing,transmitting or collecting such water and sewerage. The impact charge imposed shall be calculated on the basis
of equivalent residential units,as outlined below.
(a) Definitions.For the purpose of this section, the following words shall have the meaning indicated unless their
context clearly requires otherwise.
Living unit equivalent (LUE). A unit that,consumes the amount of water or discharges the amount of
wastewater that a standard low density(3.2 D.U.per acre)residential unit would(1.00 LUE per connection).
(b) For the purpose of calculating impact charges,the following guidelines apply:
(1) Each single-family residence served by the city through a single service and/or master connection shall be
considered an LUE.
(2) The number of LUE corresponding to a given commercial,industrial,multifamily,mobile home,hospital,
nursing home or extended care facility or other establishment,shall be determined on the basis of anticipated
annual average daily flow.
(c) For each LUE to be served by the water system there shall be a water impact fee of$700.00.For each LUE to be
served by the sewerage system,there shall be a sewerage impact fee of$1,412.
(d) In developments or lots platted prior to March 19,1997,these impact fees shall be due and payable not later than,
or at the time of, the issuance of a building permit, water and/or sewer tap requests, or the request for the
provisions for water or sewer service and the actual connection to the existing system according to Section(i).
Developments platted alter March 19, 1997 will pay impact fees designated in Section(c)above.These fees may
be paid on individual construction projects or by development or phases of development. In the case of
extraordinary increased water use or sewer production as determined by a review of the city's consumption records,
such calculations shall be referred to as subsequent impact fees and shall be due and payable 30 days after written
notification is received from the City of Wylie that said fees are due and an explanation provided to the affected
customer.
(e) There shall be at least one primary water meter at each site to measure the flow of water,which is delivered to such
site that is being serviced by the municipal water system in this city;provided,however,if additional meters are
installed at any such site at the request of the person,firm or corporation whose water corresponds with such site
and if such additional meters are installed to measure the flow of water at said site for irrigational or swimming
pool purposes,only one impact fee,based on the total flow from all meters shall be charged but such person,firm
CONSOLIDATED FEES AND CHARGES ORDINANCE-page 7
or corporation shall be required to pay a separate water meter charge for each such meter in accordance with the
fee schedule hereinabove set forth.
(I) Water meter installation rates and charges as provided herein shall be reimposed in the event of the discontinuance
of the water account where such water meter is located and where the water meter has been removed from the
premises.However,an impact fee shall be imposed once only,at the time of the initial connection onto the water
and sewerage system of the city,subject to the following qualifications:
(1) An additional water impact fee in the amount of$700.00 and an additional sewerage impact fee in the amount
of$1,412 shall be imposed against any commercial,industrial,hotel,motel,multifamily dwelling complex,
mobile home park,travel trailer or recreational vehicle park,hospital,nursing home,extended care facility,
professional office facility, clinic or similar establishment where the same arc expanded or otherwise
increased in capacity so that the number of LUE's therein are increased beyond the immediately preexisting
LUE capacity thereof,as determined by the LUE definition that is set forth in§3.00(a)(1)hereinabove,and
in accordance with the calculation procedure that is stipulated in§3.00(b)(2).
(2) Such additional fees shall be referred to as subsequent impact fees,and shall be paid prior to the issuance of
a building permit/sewerage connection permit for any additions to the size and capacity of such building(s),
development,park or complex.
(3) Subsequent impact fees shall be imposed whether or not a new or replacement water meter is installed due
to such expansion,capacity or addition;provided,however,in the event that the customer shall request the
replacement of a water meter which shall increase the size of the meter which measures the flow of water into
any such building(s),development,park or complex,the cost of such additional or replacement water meter
shall be in accordance with the cost schedule that is set forth in this section.
(g) All funds received from the impact fee for all future water and sewerage connections,as aforesaid,and all charges
thus imposed,heretofore,shall be deposited into the water and sewer system impact fund and shall be expended
from that fund only for the purpose of providing for major improvements,debt service,expansion,emergency
repairs and extending or constructing new additions or replacements to the water and sewer system of this city
which are required and needed because of the impact upon said water and sewer system due to such additional
connections or any other lawful purpose,authorized by state statute or city Charter.
•
(h) Any person,firm or corporation that is subject to the assessment of a water and sewer impact fee may request that
the city consider the award of credits toward the impact fee for improvements,land or etc.which the person,firm
or corporation dedicates to the city without charge,for the purposes of improving the overall water distribution
and treatment system and/or the sewerage collection and treatment system. In such cases,the person,firm or
corporation shall submit for consideration,such proposal in advance of the approval for the preliminary plat and
such dedication for credit of impact fees shall have an agreed upon value which is negotiated by the person,firm
or corporation and the city staff in advance.Following preliminary agreement between the parties,such proposal
will be submitted to the city council of the City of Wylie for their approval,amendment or rejection.
(i) An impact fee of$600.00 per service unit or LUE for water supply,treatment and distribution facility is hereby
imposed in accordance with the LUE for water set out in Table 10,Exhibit B,and an impact fee of$500.00 per
service unit or LUE of new development for wastewater collection and treatment facilities is hereby imposed in
accordance with the LUE for wastewater set out in Table 18,Exhibit B.These exhibits are on file in the office of
the city secretary. The amount of each impact fee due shall be determined by multiplying the number of LUE
generated by the new development by the impact fee due per LUE.If a new development's water or wastewater
uses will exceed the LUE's set out in Exhibit B by more than ten percent consumption or flow,the city engineer
shall calculate the amount of impact fees for each category based on actual use.
SECTION 4.00 SPECIAL DISTRICT FEES.
In addition to all other fees,the city council may designate by ordinance,certain special districts.These districts shall
CONSOLIDATED FEES AND CHARGES ORDINANCE-page 8
be formed in order to collect pro rata fees to offset the cost of capital improvements to the water and sewer system that
benefit only a particular section of the city.
When such action is deemed appropriate by the city council,said area shall be defined by clearly understood boundaries.
Then the fee per unit shall be determined by using the following formula:
No.of Units per Total Cost of Project
Acres x Acre = No.of Shares = Special District Fee
Units existing within the special district prior to the establishment by the city council shall not be charged the
determined special district fee unless the parties involved request such service be provided.
Rush Creek Lift Station District No. 1 $110.00 per equivalent residential unit.
(No less than four units per acre.)
Muddy Creek Lift Station District $165.00 per equivalent residential unit.
(No less than four units per acre.)
For specific details,see Lift Station District Ordinance(section 114-181 et seq.of the Code of Ordinances).
SECTION 5.00 STREET RECONSTRUCTION FEES.
The fee per square foot for reconstruction materials accomplished by city crews and equipment under the provisions
of the city's reconstruction ordinance shall be:
(a) For streets which have been improved,i.e.,some base and/or asphalt regardless of existing condition $0.40
per square foot
(b) For streets which are completely unimproved,i.e.,.uo asphalt or oil base material and little or no rock or
paving material $0.50
per square foot
• (c) Financing costs for repayment by adjacent property owners of their portion of the materials for projects done under . •
provisions of the street reconstruction ordinance,the following interest rates shall apply and shall be calculated
on a simple interest basis and billed on the monthly water bill. Said payments shall be subject to the normal
provisions for late charge penalties,etc.
(1)Ninety-day payout No interest
(2)One-year payout Ten percent interest
(3)Two-year payout Ten percent interest
(4)Three-year payout Ten percent interest
SECTION 6.00 PERIMETER STREETS FEE IN LIEU OF CONSTRUCTION.
As referenced in the City of Wylie Subdivision Regulations,developers may in certain approved circumstances make
a payment to the City of Wylie of funds in an appropriate amount to provide for the cost of construction of the required
perimeter streets in association with their development.The fee for such payment in lieu of construction shall be as follows:
(a) Six-inch thick required street construction(regular and collector streets):
$2.00 per square foot x frontage x V2 width of street pavement,including the integral curb
(b) Eight-inch thick required street construction(thoroughfares,State and Federal roads):
$2.25 per square foot x frontage x one lane of traffic or 12 feet of street paving,including the
integral curb
CONSOLIDATED FEES AND CHARGES ORDINANCE-page 9
SECTION 7.00 MAINTENANCE BONDS.
The maintenance bonds required by Wylie's subdivision ordinance to cover the cost of any repairs that may be required
during the one-year warranty period to public works improvements and facilities dedicated to the City of Wylie at the time
of final plat acceptance shall be in the amount of 100 percent of the total value of all improvements dedicated and shall be
delivered to the City of Wylie prior to the council's consideration of final acceptance.
SECTION 8.00 ZONING AND PLATTING FEES.
(a)Zoning Fees. The following fees shall be paid at the time application for rezoning is made:
0-25 acres = $200,plus$25 per each type of zoning requested on a tract of land.
$350 if PD(Planned Development).
26-50 acres = $250,plus$25 per each type of zoning requested on a tract of land.
$400 if PD(Planned Development).
51 -75 acres = $300,plus$25 per each type of zoning requested on a tract of land.
$450 if PD(Planned Development).
76- 100 acres = $350,plus$25 per each type of zoning requested on a tract of land.
$500 if PD(Planned Development).
> 100 acres = $400,plus$25 per each type of zoning requested on a tract of land.
$550 if PD(Planned Development).
(b) Site Plan Fees.The following fees shall be paid at the time of submission of a site plan in accordance with the
zoning ordinance:
The Site Plan review fee shall be$75.00,plus$10.00 per acre or any part of an acre.
(c) Plat Fees. The following fees shall be paid at the time of submission of plats in accordance with the subdivision
ordinance:
(1) The land study fee shall be$50.00.
(2) The preliminary plat fee shall be$125.00,plus$2.00 per lot in the subdivision or$5.00 per acre or any part
of an acre,whichever is greater.
(3) The final plat fee shall be$150.00,plus$3.00 per lot in the subdivision or$7.00 per acre or any part of an
acre,whichever is greater.
(4) The replat fee shall be$125.00,plus$2.00 per lot in the subdivision or$5.00 per acre or any part of an acre,
whichever is greater.
(5) The amended plat fee shall be$50.00.
SECTION 9.00 GARBAGE,TRASH AND BRUSH FEES.
§9.01 Residential fee;deposits.
(a) The collection and removal of garbage,rubbish and brush in one polycart container from residential premises,one
times per week shall be made for a fee charge of$9.64 per residential unit for each calendar month.
(b) Nonresidential customers shall be required to make a deposit equivalent to three months'charges,or a minimum
of$30.00.
(c) Residential fees for each unit of single-family detached or duplex(not master metered)either curbside or alley side
service,shall be$9.64 per month and shall be charged each month on the utility bill.
CONSOLIDATED FEES AND CHARGES ORDINANCE-page 10
(d) The following collection fees are based upon the type of establishment or collection,to wit:
Tyke_ Charge per Month
Duplex,per unit $9.64 per unit
Multifamily 9.64 per unit
Trailer park 9.64 per unit
§9.02 Commercial polycart collection fees.
NOTE: Commercial rates are approved by Council but commercial activity is handled
exclusively by BFI. No billing or collection is done by the City staff
Fee charges for commercial polycart collection:
(a) One 90-gallon polycart twice per week $11.20
(b) Each additional polycart collected twice per week 3.92
§9.03 Commercial dumpster charges.
Commercial dumpsters shall be provided by lease to customers requiring them and shall be subject to the following
charges,to-wit:
2 cubic yards- 1 x $41.44/month;2 x$88.48/month;3 x $117.60/month
3 cubic yards- 1 x 57.12/month;2 x 106.40/month;3 x 164.64/month
4 cubic yards- 1 x 85.12/month;2 x 135.52/month;3 x 191.52/month
6 cubic yards- 1 x 99.68/month;2 x 162.40/month;3 x 240.80/month
8 cubic yards- 1 x 122.08/month;2 x 209.44/month;3 x 278.88/month
Extra pickups/dumpster,each request
Upon request, extra pickups shall be made of commercial dumpsters and a fee charge made for each request in
accordance with the following schedule,to wit:
2 to 4 cubic yards.. ..$31.36
6 to 10 cubic yards....35.84
§9.04 Special Charges:
Compactor containers(42 cubic yards),per haul $280.00
Roll-off containers(30 cubic yards),per haul 252.00
Per day rent of roll-off containers 7.00
Delivery and exchange of roll-off containers 75.00
Delivery and exchange of front-end containers 50.00
Return check charge 20.00
Past due service charge
(over 25 days from statement due date,commercial dumpsters only),per month 1.5 percent
Polycart purchase,each 60.00
Tire collection/disposal,each 5.00
Additional residential cart,per month 2.52
§9.05 Fees for special collection of brush and bulky waste items.
Special collection of brush and bulky items will be made available to residents at the rate of$1.50 per minute for time
spent on collection,with a minimum charge of$15.00 per collection.
§9.06 Denial of service.
In the event of nonpayment of charges for the above services,the city shall have the right to deny further service to such
nonpaying person or customer.
SECTION 10.00 PEDDLER'S AND SOLICITOR'S FEE.
(a) Each itinerant merchant,peddler,itinerant vendor or solicitor taking orders for sale or offering of any items or
CONSOLIDATED FEES AND CHARGES ORDINANCE-page 11
service must comply with the conditions of chapter 82,article II,of the Code of Ordinances,City of Wylie,Texas,and will
pay the fee or fees indicated below and also submit an acceptable surety bond.
(b) The fee shall be as follows:
(1) An agent fee of$30.00.
(2) Each additional agent fee of$15.00.
(c) The surety bond to be a minimum of$1,000.00.
SECTION 11.00 COPYING CHARGES.
The following fees shall be charged for copies made using the City of Wylie machine and paper for any purpose other
than City of Wylie business.No discount is allowed for quantity copies.
18"x 24" --24"x 36" $3.00
Map Scale 1"= 1000' 6.00
Map Scale 1"=500'(2 sheets) 15.00
Map Scale 1"=500'(4 sheets) 20.00
Map Scale 1"=200'per sheet 15.00
Computer Generated Color Maps, 1"= 1000' 12.00
Computer Generated Color Maps, 1"=500'(4 sheets) 48.00
SECTION 12.00 FINGERPRINTING FEE.
The fee for fingerprinting an adult shall be$5.00 per fingerprinting card.
SECTION 13.00 TAXICAB FEES.
Taxicab fees are as follows:
Street rental charge $25.00 per permit per year
SECTION 14.00 FIRE CODE PERMIT FEES ALLOWABLE WITH THE ADOPTION OF SECTION 105 OF
THE 1994 UNIFORM FIRE CODE.
The following fees shall be charged for fire code permits for the time period specified:
(a) Aerosol products storage(annual) $25.00
(b) Flammable and combustible liquids storage(annual) 25.00
(c) Underground tank-install or remove(per job) 50.00
(d) Burn permit(14 days) 25.00
(e) Fruit ripening(annual) 25.00
(f) Fumigation or thermal insecticidal fogging(annual) 25.00
(g) Hazardous materials storage(annual) 50.00
(h) Hazardous production materials(annual) 25.00
(i) High-piled combustible storage(annual) 25.00
(j) Liquefied petroleum gasses(annual) 25.00
(k) Places of assembly(annual) 25.00
(1) Pyrotechnical special effects material(annual or per event) 25.00
(m) Radioactive material(annual) 25.00
(n) Refrigeration materials(annual) 25.00
(o) Spraying or dipping(annual) 25.00
(p) Tents and temporary membrane structures(annual) 25.00
(q) Tire storage(annual) 25.00
CONSOLIDATED FEES AND CHARGES ORDINANCE-page 12
(r) Welding and cutting operations(annual) 25.00
(s) Liquid or gas fueled vehicles or equipment in assembly buildings(annual or event) 25.00
(t) Lumber yards(annual) 25.00
(u) Magnesium working(annual) 25.00
(v) Mall,covered(annual or per event) 25.00
(w) Organic coatings(annual) 25.00
(x) Ovens,industrial baking and drying(annual) 25.00
(y) Aircraft refueling vehicles(annual) 25.00
(z) Aircraft repair hangar(annual) 25.00
(aa) Asbestos removal(per job) 25.00
(ab) Automobile wrecking yard(annual) 25.00
(ac) Bowling pin or alley refinishing(per job) 25.00
(ad) Candles and open flames in assembly areas(annual) 25.00
(ae) Carnivals and fairs(duration of event) 25.00
(af) Cellulose nitrate film(annual) 25.00
(ag) Cellulose nitrate storage(annual) 25.00
(ah) Combustible fiber storage(annual) 25.00
(ai) Combustible material storage(annual) 25.00
(aj) Compressed gasses(annual) 25.00
(ak) Commercial rubbish handling operation(annual) 25.00
(al) Cryogen(annual) 25.00
(am) Dry cleaning plants(annual) 25.00
(an) Dust-producing operations(annual) 25.00
(ao) Explosives and blasting agents(annual or per job permit) 25.00
(ap) Fire hydrants and water control valves(per job) 25.00
(aq) Fireworks event(per event) 500.00
SECTION 15.00 PARKLAND DEDICATION FEES.
(a) The city may, from time to time, decide to purchase land for parks in or near the area of actual or potential
development.If the city does purchase parkland in a park zone,subsequent parkland dedications for that zone shall be in
cask only,and calculated to reimburse the city's actual cost of acquisition and development of such land for parks.The fee
amount shall be equal to the sum of(1)the average price per acre of such land,and(2)the actual cost of adjacent streets
and onsite utilities,or an estimate of such actual cost provided by the city engineer. Once the city has been reimbursed
entirely for all such parkland within a park zone,this section shall cease to apply,and the other subsections of this section
shall again be applicable.
(b)To the extent that paragraph(a)hereinabove is not applicable,the dedication requirement shall be met by a payment
in lieu of land at a per acre price set from time to time by resolution by the city council,sufficient to acquire land and provide
for adjacent streets and utilities for a neighborhood park to serve the park zone in which such development is located.Unless
changed by the city council,such per acre price shall be computed on the basis of$225.00 per dwelling unit.Cash payments
may be used only for acquisition or improvement of a neighborhood park located within the same zone as the development.
SECTION 16.00 ALARM SYSTEM FEES AND CHARGES.
§16.01 Commercial permit fee.
The commercial alarm system permit fee shall be in the amount of$20.00 per year.
§16.02 Residential permit fee.
The residential alarm permit fee shall be$20.00 per year.
§ 16.03 Service charge on false alarms.
(a)If after five false burglar alarms in the 12-month period immediately preceding any false burglar alarm,the permit
holder shall be assessed a service fee of$50.00 for such false alarm.
CONSOLIDATED FEES AND CHARGES ORDINANCE-page 13
(b)If after two false fire alarms in the 12-month period immediately preceding any false robbery alarm,the permit
holder shall be assessed a service fee of$100.00 for such false alarm.
(c) If after two false medical assistance alarms in the 12-month period immediately preceding any false medical
assistance alarm,the permit holder shall be assessed a service fee of$50.00 for such false alarm.
(d)If after two false emergency assistance alarms in the 12-month period immediately preceding any false emergency
assistance alarm,the permit holder shall be assessed a service fee of$50.00 for such false alarm.
§16.04 Charge for direct alarm systems for financial institutions.
A signal line directly to the Wylie police department for the purpose of reporting burglaries and robberies shall be
limited to financial institutions and an annual,non-refundable fee of$20.00 for each indicator installed shall be charged.
SECTION 17.00 ANIMAL FEES AND CHARGES.
§17.01 Registration permit fee.
For each spayed or neutered canine or feline the registration permit shall be$2.00 per year.Proof of spay or neutering
shall rest with the owner of said animal,and for non-spayed or non-neutered canines or felines the registration permit shall
be$5.00.
§17.02 Fee for lost permit tag.
If a permit tag issued under this section is lost or stolen, it may be replaced by payment of a fee of$1.00 and
presentation of the registration permit.
§17.03 Impoundment and adoption fees.
The owner,keeper or harborer of any animal impounded under this section may redeem same within three days by
payment of this impounding fee and boarding fee as follows:
Shelter(Impound)Fees - All animals
First offense $20.00
Second Offense 30.00
Third Offense 40.00
Boarding Fees Daily Rates
Dog or Cat $5.00
Other Animals 10.00
Adoption fees shall be no less than$10.00 for all canines and felines.
§17.04 Trap deposits.
The deposit fee for traps shall be$60.00.
§17.05 Dangerous dogs.
The annual registration fee for a dangerous dog shall be$50.00.The fcc for a dangerous dog at a new address shall be
$25.00.
SECTION 18.00 LIBRARY FEES.
Fines for overdue items shall be assessed as follows:
(a) Materials $0.10/day
(b) Video cassettes,overhead projectors,and film projectors 1.00/day
CONSOLIDATED FEES AND CHARGES ORDINANCE-page 14
(c) Lost Books 3.00 processing fee
and the cost of the book
(d) Damaged Books 3.00 processing fee
and the cost of the book
(e) Lost Library Cards 1.00 each
(f) Copies 0.10 per page
(g) Laminating Fee 0.50 per inch
SECTION 19.00 EXCAVATION PERMIT FEES.
Fees for permits to open or excavate any street within the city shall be as follows:
(1) Paved streets:Concrete$2.00;asphalt$1.00 per linear foot of paving cut for a standard trench,with a minimum
charge of$5.00 per trench.
(2) Dirt or gravel streets:Fifty cents per linear foot of street cut,measured from the property line for a standard trench,
with a minimum charge of$5.00 per trench. If the excavation involves both paving and dirt or gravel shoulder,
the total cost of the permit will be figured by adding the cost of cutting the pavement and the cost of cutting the dirt
or gravel shoulder.
SECTION 20.00 RENTAL FOR THE BART PEDDICORD COMMUNITY CENTER.
Usage charges for the Bart Peddicord Community Center shall be as follows:
Rental Fees Deposit Required
Civic groups no charge none
Individuals and nonbusiness groups-Wylie Residents $10.00/hour $100.00
Business Uses and Non-Wylie Residents 15.00/hour $100.00
SECTION 21.00 MANUFACTURED HOME LICENSE AND PERMIT FEES.
§21.01 Manufactured home permit fee.
All applications shall be accompanied by the,deposits of a fee of$300.00,plus$50.00 for each manufactured home
space.
§21.02 Manufactured home park annual inspection fee.
Ten dollars per occupied space is payable by the licensee or his or her agent.
§21.03 Manufactured home park license fee.
All original license applications and license transfers shall be accompanied by a fee of$500.00.
SECTION 22.00 SIDEWALK AND DRIVEWAY APPROACH PERMIT FEES.
Any person desiring a permit required by this section shall at the time of filing an application therefore,pay a fee of
$35.00.
SECTION 23.00 WASTEWATER PRETREATMENT PERMIT FEE.
An annual fee of$100.00 per calendar year shall be paid by all persons,firms or entities required to pay such fee under
the city's pretreatment ordinance,as amended.
SECTION 24.00 CARNIVAL LICENSE FEES.
As a condition and requirement of the licensing of any carnival to show in the city,the applicant for such license shall
pay a license fee in the sum of$250.00.
CONSOLIDATED FEES AND CHARGES ORDINANCE-page 15
SECTION 25.00 COIN-OPERATED MACHINE TAX.
There is hereby levied an annual occupation tax of$7.50 for each and every coin-operated machine as defined herein.
SECTION 26.00 DANCE HALL LICENSE FEES.
The license fee to be charged and collected for any license to operate a Dance hall within the city shall be$100.00.
SECTION 27.00 POOL HALL LICENSE FEES.
The license fee to be charged and collected for any license to operate a pool hall within the city shall be$100.00.
SECTION 28.00 GARAGE SALE PERMIT FEES.
The fee for a garage sale permit shall be$5.00.
SECTION 29.00 WRECKER SERVICE FEES.
§29.01 Wrecker rotation list fee;renewal fee.
(a)An application fee of$10.00 for each wrecker to be operated on the rotation list by the applicant shall accompany
each application.
(b) Each applicant shall,if he or she desires to continue his or her placement on the wrecker rotation list,make a
renewal application and pay a renewal fee of$5.00.
§29.02 Wrecker service rate schedule.
No applicant,whose application has been approved hereunder and who has been placed on the wrecker rotation list,
shall charge any sum in excess of the rates specified in the following schedule:
(a) Towing of non-accident vehicles during regular business hours(8:00 a.m.to 6:00 p.m) $40.00
, (b) Nights and weekends 50.00
(c) Vehicles requiring a dolly for reasons other than automatic transmission,additional charge 40.00
(d) Extra time in excess of one hour(not including time spent waiting for officer to complete
investigation)per hour 25.00
(e) Charge for diesel right or other heavy equipment per hour with one-hour minimum 175.00
(f) Storage of vehicle per day or fraction thereof 15.00
(g) Wrecked vehicles 60.00
(h) If drive line must be dropped to tow vehicle(additional) 11.00
(i) If necessary to change wheel and tire(additional) 11.00
(j) Rolled over or upset vehicle 60.00
(k) Roll over with dolly tow 70.00
(1) If winch required,additional for each 50 feet of pull 23.00
SECTION 30.00 MASSAGE ESTABLISHMENT AND SERVICE FEES.
§30.01 Massage establishment permit fee.
Any person desiring to obtain a license or permit to operate a massage establishment shall make application to the chief
of police and pay a non-refundable application fee of$75.00,which said fee shall be used to defray,in part,the costs of the
investigation and report.
§30.02 Fee for sale,transfer or change of name.
A fee of$200.00 shall be payable for each such application involving the sale,transfer of any interest in,or the name
change of an existing massage establishment.
CONSOLIDATED FEES AND CHARGES ORDINANCE-page 16
SECTION 31.00 JUNKYARD AND SALVAGE YARD LICENSE FEES.
Before any license is issued under the provisions of this section,the applicant shall pay an annual fee of$250.00.
SECTION 32.00 ANNUAL TAX ON AUCTIONEERS.
An annual tax of$15.00 is hereby levied against every auctioneer selling anything of value for profit within the
corporate limits of the City of Wylie,Texas.
SECTION 33.00 FOOD SERVICE ESTABLISHMENT FOOD STORE PERMIT FEES.
A permit fee of$150.00 shall accompany each application,and the permit so issued shall thereafter be renewed by
payment of an additional annual fee of$150.00 and meeting any and all other Code provisions applicable to said business.
SECTION 34.00 GARAGE KEEPER'S ABANDONED VEHICLE REPORT FEE.
A fee of$5.00 shall accompany the report of the garage keeper to the police department.
SECTION 35.00 SERVICE FEE FOR SERVING WARRANTS OF ARRESTS.
The special expense for serving a warrant of arrest shall be in the amount of$25.00.
SECTION 36.00 SPECIAL EXPENSE FEE FOR DISMISSING OFFENSES FOR DEFENSIVE DRIVING
COURSE ATTENDANCE.
The municipal court shall also collect a special expense of$10.00 for services performed in cases in which the
defendant is discharged by virtue of having attended,subsequent to the date of the alleged offense,a defensive driving course
in compliance with the provisions of V.T.C.A.,Transportation Code§543.101 et seq.This special expense shall apply only
to offenses committed after September 1, 1987.
SECTION 37.00 VEHICLE IMPOUNDING FEES.
An impounding fee of$5.00 and a storage fee of$0.50 per day is hereby assessed against,and shall be collected from,
the owner or driver of any vehicle impounded by virtue of the provisions of this section before the release of any such
vehicle.
SECTION 38.00 WASTE HAULING PERMIT FEES.
Waste hauling permits shall be issued by the city upon proper application and payment of a$10.00 permit fee.All such
permits shall be valid for one year.
SECTION 39.00 WASTEWATER DISCHARGE PERMIT APPLICATION FEE.
Major industrial/commercial users required to obtain a wastewater discharge permit shall complete and file with the
director,an application in the form prescribed by the city.A permit fee of$25.00 shall accompany the application.New
major industrial/commercial users shall apply at least 90 days prior to connecting to the sewage system.In support of the
application,the major industrial/commercial user shall submit the information requested by the application form.
SECTION 40.00 Charges For Mowing and Removing Brush and Unsightly Matter.
The expense incurred by the City of Wylie,pursuant to the correcting of conditions as set forth in this section,shall be
charged to and become a lieu on the platted real estate or lot or lots upon which such expense is incurred.Such charges to
be levied shall be as follows:
(a) A charge of$37.50,plus the city's cost per hour of mowing on per lot basis for each cutting of said weeds and
CONSOLIDATED FEES AND CHARGES ORDINANCE-page 17
brush shall be levied,assessed and collected against such property each time such cutting of said weeds shall be
performed where the area does not exceed 44,000 square feet.On tracts and lots of land exceeding 44,000 square
feet,an additional charge of$37.50 shall be levied,assessed and collected for each additional 44,000 square feet
or the major portion thereof. In the event that there are obstructions such as rocks, trees, shrubs, bushes,
excavations, foundations of demolished structures or other impediments, an additional charge can be levied,
assessed and collected from such premises for the actual cost resulting from the additional expenses incurred
therefrom.
(b) In the event that it becomes necessary for the City of Wylie,Texas,to go upon property and do or cause to be done
the work necessary to seek compliance with section 54-114 of the Code of Ordinances, the actual expenses
incurred shall be charged,levied,assessed and collected against such property.
SECTION 41.00 CHARGES AND FEES FOR USAGE OF ATHLETIC FIELDS
§41.01Athletic field reservation usage fee.
A fee of$2.00 per person,per sport season,for individuals,organizations or groups will be charged for the use of
reserved athletic fields.This fee shall be paid to the City of Wylie Parks and Recreation Department by the responsible
individual,organization or group within 30 days after the start of game play.If field usage fees are not paid within 30 days ..
of the start of game play,an additional charge of ten percent of the original balance due will also be levied.If the original
balance due plus the ten percent additional charge is not paid within 45 days of the start of game play,field use privileges
are subject to being denied until all monies due are paid in full.Those using fields on a one-time basis shall pay field usage
fees before field use.
§41.02 Use of athletic fields for tournaments.
(a)The price per field reservation fees arc as follows:
Saturday and Saturday nights/Sunday mornings,8:00 a.m.--1:00 a.m.
includes light fee and field marking $100.00
Saturday and Saturday night/Sunday morning,8:00 a.m.Saturday--6:00 a.m. Sunday
includes light fee and field marking 130.00
Saturday,Saturday night/Sunday morning,8:00 a.m.--1:00 a.m.,and Sunday,
Sunday night,9:00 a.m.--11:00 p.m.,includes light tee and field marking 160.00
(b) A security deposit of$50.00 per field reserved shall be paid at least seven days in advance of the scheduled
tournament.The deposits shall be credited toward any monies due for said tournament,with any remaining monies due
payable before scheduled tournament begins.All monies paid will not be refundable unless a field or fields are not playable
due to weather conditions,wet field conditions or for necessary maintenance.If a field or fields are not playable due to said
conditions,a refund or credit will be given.The City of Wylie Parks and Recreation Department will be the fmal authority
as to athletic field use.
§41.03 Athletic field light usage fee.
A fee of$4.00 per hour per field will be charged for reservation in which lights are utilized.Reservation sessions vary
through the course of a calendar year to coincide with sunset.The City of Wylie Parks and Recreation Department shall
determine the reservation sessions.
§41.04 Athletic field marking/chalk usage fees.
All fees for athletic marking/chalk usage on any athletic field(s)(except baseball/softball tournament use)will be split
50/50 between the City of Wylie Parks and Recreation Department and those reserving a field(s).The 1996 fee for standard
field marking is as follows:
Baseball/softball,per field/per marking *$4.00
Soccer,per field/per marking *5.00
CONSOLIDATED FEES AND CHARGES ORDINANCE-page 18
Football None
(Football marks their field at this time.If they choose for the city to contract out this
marking,a price will need to be agreed upon at that time.)
Chalk cost,per bag
* 1.50
* All above fees already take into account the 40/50 split between the City of Wylie
Parks and Recreation Department and those reserving a field(s).Any special markings
above and beyond accepted standard markings will be subject to an additional charge
due to extra labor/chalk costs and will need to be agreed upon between the city and
those requesting special markings.The 50/50 split will also apply in these instances.
SECTION 42.00 RIGHT-OF-WAY ABANDONMENT FEE.
Under state law,cities arc precluded from giving property away.Cities must,under V.T.C.A.,Local Government Code
§272.001,obtain an appraisal to establish fair market value.The city is then not allowed to convey,sell or exchange that
land and those interests for less than the fair market value of the land or interest.
SECTION 43.00 SEXUALLY ORIENTED BUSINESS.
The annual fee for a sexually oriented business license shall be$500.00.
SECTION 44.00 MUNICIPAL COURT BUILDING SECURITY FEE.
The amount of the municipal court building security fee shall be$3.00.
SECTION 45.00 PENALTY.
Any person violating the provisions of this fee schedule,or any part hereof,commits an unlawful act and shall be
subject to the general penalty provisions of the Wylie City Code as set forth in section 1-9,therein,as the same now exists
or is hereafter amended and shall not be allowed the permit,privilege or license to which the fee pertains.
141
PAS ED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS,THIS THE 9— DAY
OFit .4/ -1998.
John Mondy,Mayor
•
era Salinas Secretary
tris
muuuauit t.o
CONSOLIDATED FEES AND CHARGES ORDINANCE-page 19
WYLIE CITY COUNCIL
AGENDA ITEM NO. 4.
August 12, 2003
Issue
Consider and act upon an Ordinance annexing all of a certain 17.419 acre tract of land
out of the Francisco de la Pina Survey, Abstract 688, Collin County, Texas, and generally
located south of Brown St., east of Kreymer.
Background
A request for voluntary annexation has been submitted by the owner of the above
referenced property. The property is located east of Kreymer and south of Brown St.
Should the City Council approve the proposed annexation, the property will be
temporarily zoned as A (Agricultural) until permanent zoning is established. The
procedure for establishing the permanent zoning on annexed territory shall conform to the
procedures established by law for the adoption of zoning regulations.
Before a municipality may begin annexation proceedings, the governing body of the
municipality must conduct two (2) public hearing at which persons interested in the
annexation are given the opportunity to be heard. In compliance with state law, staff has
prepared the following public hearing schedule:
Notice published for Public Hearings July 9, 2003
First Public Hearing July 21, 2003
Second Public Hearing July 22, 2003
Adoption of Ordinance August 12, 2003
Financial Consideration
N/A
Other Considerations
Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust
boundaries. The City will also be required when the annexation is considered to comply
with the Local Government Code for the provision of services, (please see attached
Service Plan).
This annexation is being conducted in compliance with Sections 43.063 of the Local
Government Code.
Board/Commission Recommendations
N/A
Staff Recommendations
Approval
Attachments
Area Map
Ordinance
epared Rev ed by Finance City ana pproval
ORDINANCE NO. 2003-16
AN ORDINANCE ANNEXING A CERTAIN 17.419 ACRE TRACT
OF LAND OUT OF THE FRANCISCO DE LA PINA SURVEY,
ABSTRACT 688, 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 HEREAFTER ADOPTED; PROVIDING FOR A
PENALTY FOR A VIOLATION OF THIS ORDINANCE AND
COMPREHENSIVE ZONING ORDINANCE NO. 2001-48;
PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THE
ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF
THE CAPTION THEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under
the authority of Section 43.021. Local Government Code and the City of Wylie, Texas'
(Wylie) Home Rule Charter, investigated and determined that it would be advantageous
and beneficial to Wylie and its inhabitants to annex the below-described property (the
"Property") to Wylie; and
WHEREAS, prior to conducting the public hearings required under Section
43.063, Local Government Code, the City Council also investigated and determined that
the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and
contiguous to the existing city limits of Wylie; and
WHEREAS, before the publication of the notice of the first public hearing
regarding the annexation of the Property, the City Council directed the appropriate
persons to prepare a service plan that provides for the extension of full municipal services
to the Property to be annexed; and
WHEREAS, the City Council finds that the service plan has been prepared in full
compliance with Section 43.056, Local Government Code, and has been made available
for public inspection and was available for explanation to the inhabitants of the Property
at the public hearings; and
WHEREAS, the City Council finds that the field notes close the boundaries of
the Property being annexed; and
WHEREAS, the City Council has conducted at least two (2) public hearings at
which persons interested in the annexation were given an opportunity to be heard
regarding the proposed annexation and the proposed service plan; and
WHEREAS, the City Council finds that the public hearings were conducted on or
after the fortieth (40th) day but before the twentieth (20th) day before the date of
institution of the annexation proceedings; and
WHEREAS, the City Council finds it has completed the annexation process
within ninety (90) days after the City instituted the annexation proceedings; and
WHEREAS, the City Council finds that all legal notices, hearings, procedures
and publishing requirements for annexation have been performed and completed in the
manner and form set forth by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF WYLIE, TEXAS:
SECTION 1: The Property described in "Exhibit A" and all public streets,
roadways and alleyways located within or contiguous to the same is hereby annexed to
Wylie.
SECTION 2: The Service Plan for the Property is attached hereto as "Exhibit B"
and made a part hereof for all purposes.
SECTION 3: That from and after the passage of this Ordinance, the Property shall
be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and
privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and
regulations enacted pursuant to and in conformity with the City Charter and the laws of
the State of Texas.
SECTION 4: That the official map and boundaries of Wylie are hereby amended
to include the property as part of the City of Wylie, Texas, and that a certified copy of
this Ordinance shall be filed in the County Clerk's office of Collin County, Texas.
SECTION 5: It shall be unlawful for any person, firm or corporation to make use
of the Property in some manner other than as authorized by this Ordinance and
Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto; and it
shall be unlawful for any person, firm or corporation to construct on the Property any
upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars
($500.00). Each continuing day's violation under this Ordinance shall constitute a
separate offense. The penal provisions imposed under this Ordinance shall not preclude
Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies
available to it pursuant to local, state and federal law.
SECTION 5: Savings/Repealing Clause: All provisions of any ordinance in
conflict with this Ordinance are hereby repealed, but such repeal shall not abate any
pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent
a prosecution from being commenced for any violation if occurring prior to the repeal of
the ordinance. Any remaining portions of said ordinance shall remain in full force and
effect.
SECTION 6: Severability: Should any section, subsection, sentence, clause or
phrase of this Ordinance be declared unconstitutional or invalid by a court of competent
jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance
shall remain in full force and effect. Wylie hereby declares that it would have passed
this Ordinance, and each section, subsection, clause or phrase thereof irrespective of
the fact that any one or more sections, subsections, sentences, clauses and phrases be
declared unconstitutional or invalid.
SECTION 7: Effective Date: This Ordinance shall become effective from and
after its adoption and publication as required by law the City Charter and by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on this 12th day of August, 2003.
John Mondy, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Date of Publication:
L:\ORDINANCES\Ordinance No.2003-14(Sign Ordinance.doc).doc Page 3
EXHIBIT"A"
Being a tract or parcel of land situated in the Francisco de la Pina Survey, Abstract No.
688, in Collin County, Texas, being part of the called 50 acre tract described in the deed
to Neva Lou Kreymer and Robert Brooks Kreymer recorded in Volume 2787, Page 251
in the Collin County Deed Records, and being more particularly described as follows:
BEGINNING at a fence corner post at the northwest corner of said 50 acre tract and the
southwest corner of the called 8.374 acre tract described in the deed to Mary Lynn Matter
recorded in Volume 2139, Page 982, in the CCDR, said corner being on the east side of
the called 14.771 acre tract described in the deed to Tim R. Kreymer and Robin A.
Kreymer recorded as CC #96-0071696 in the CCDR, said corner being South 129.54 feet
from a found 1/2-inch iron rod at the northeast corner of said 14.771 acre tract;
THENCE, South 89°45'00" East, 779.45 feet along the north side of said 50 acre tract
and along the south side of said 8.374 acre tract and along a wire fence to the east high
bank of a creek;
THENCE, Southerly generally along the meanders of the east high bank of the creek the
following:
THENCE, South 00°15'00" West, 17.23 feet;
THENCE, North 86°50'00" East, 41.43 feet;
THENCE, South 23°12'45" East, 110.02 feet;
THENCE, South 16°36'28" West, 93.94 feet;
THENCE, South 18°46'56" East, 38.61 feet;
THENCE,North 53°10'29" East, 37.39 feet;
THENCE, South 46°23'24" East, 118.09 feet;
THENCE, South 58°39'42" West, 79.76 feet;
THENCE, South 58°16'56" West, 172.08 feet;
THENCE,North 70°14'43" West, 38.57 feet;
THENCE, South 42°30'17" West, 49.40 feet;
THENCE, South 30°10'37" East, 119.46 feet;
THENCE, South 50°55'03" East, 76.52 feet;
THENCE, South 03°55'27" West, 69.75 feet;
THENCE, South 37°21'08" West, 85.66 feet;
THENCE, South 82°32'19" West, 74.00 feet;
THENCE, South 00°48'49" West, 217.81 feet to a '/2-inch iron rod on the south side of
said 50 acre tract;
THENCE, South 89°57'O1" West, 661.72 feet along the south side of said 50 acre tract
and along the north side of the 9.635 acre tract described in the deed to The Kathleen M.
Kerin Revocable Living Trust recorded in Volume 4770, Page 1994 in the CCDR and
continuing along the north side of the 2.000 acre tract described in the deed to William J.
Hubney and Phyllis J. Hubney recorded in Volume 3849, page 460 in the CCDR and
continuing along the north side of the 1.995 acre tract described in the deed to Chad
Meredith Packard and Bethany Lynn Packard recorded as CC #93-0093792 in the CCDR,
and along a wire fence to a found capped 5/8-inch iron rod at a fence corner;
THENCE, North 00°19'08" West, 977.59 feet along the west side of said 50 acre tract
and along the east side of the 9.184 acre tract described in the deed to John F. Reschke
recorded in Volume 3389, Page 097 in the CCDR, and along the east side of the 12.499
acre tract and the remaining 7.499 acre tract described in the deed to John A. Yates and
wife, Diana Kay Yates recorded as CC #96-0070802 in the CCDR and along the east side
of the 5.00 acre tract described in the deed to Joe Tolleson and wife, Amy Tolleson
recorded in Volume 4298, Page 1653 in the CCDR, and along the east side of said 14.771
acre tract and along a wire fence to the POINT OF BEGINNING and CONTAINING
17.4190 acres of land, more or less.
EXHIBIT`B"
CITY OF WYLIE, TEXAS
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE NO. 2003-16
DATE OF ANNEXATION ORDINANCE: August 12, 2003
ACREAGE ANNEXED: 17.419 acres
SURVEY, ABSTRACT & COUNTY: Francisco de la Pina Survey, Abstract 688, Collin
County
Municipal Services to the acreage described above shall be furnished by or on behalf of
the City of Wylie, Texas (the "City"), at the following levels and in accordance with the
following schedule:
A. POLICE SERVICE
1. Patrolling, responses to calls and other routine police services, within the
limits of existing personnel and equipment and in a manner consistent
with any of the methods of the City, extends police service to any other
area of the municipality, will be provided within sixty (60) days of the
effective date of the annexation ordinance.
2. As development and construction commence in this area, sufficient police
personnel and equipment will be provided to furnish this area the
maximum level of police services consistent with the characteristics of
topography, land utilization and population density within the area as
determined by the City Council within four and one-half (4-1/2) years
from the effective date of the annexation ordinance, or upon
commencement of development within the area, whichever occurs later.
3. Upon ultimate development of the area, the same level of police services
will be provided to this area as are furnished throughout the City.
B. FIRE SERVICES
1. Fire protection by the present personnel and the present equipment of the Fire
Department, within the limitations of available water and distances from
existing fire stations, and in a manner consistent with any of the methods of
the City, extends fire service to any other area of the municipality, will be
provided to this area within sixty (60) days of the effective date of the
annexation ordinance.
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
1. Residents of this property may utilize all existing park and recreational
services, facilities and sites throughout the City, beginning within sixty (60)
days of the effective date of the annexation ordinance.
2. Additional facilities and sites to serve this property and its residents will be
acquired, developed and maintained at locations and times provided by
applicable plans for providing parks and recreation services to the City.
3. Existing parks, playgrounds, swimming pools and other recreational facilities
within this property shall, upon dedication to and acceptance by the City, be
maintained and operated by the City of Wylie, but not otherwise.
F. SOLID WASTE COLLECTION
1. Solid waste collection shall be provided to the property in accordance with
existing City policies, beginning within sixty (60) days of the effective
date of the annexation ordinance. Residents of this property utilizing
private collection services at the time of annexation shall continue to do so
until it becomes feasible because of increased density of population to
serve the property municipally. Commercial refuse collection services
will be provided to any business located in the annexed area at the same
price as presently provided for any business customer within the City,
upon request.
2. As development and construction commence in this property and
population density increases 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's existing policies with regard to street maintenance, applicable
throughout the entire City, shall apply to this property beginning within sixty
within this property has been constructed or is improved to the City's
standards and specifications, that street will not be maintained by the City.
2. As development, improvement or construction of streets to City standards
commences within this property, the policies of the City with regard to
participation in the costs thereof, acceptance upon completion and
maintenance after completion, shall apply.
3. The same level of maintenance shall be provided to streets within this
property which have been accepted by the City as is provided to City streets
throughout the City.
4. Street lighting installed on streets improved to City standards shall be
maintained in accordance with current City policies.
H. WATER SERVICES
1. Connection to existing City water mains for water service for domestic,
commercial and industrial use within this property will be provided in
accordance with existing City policies. Upon connection to existing mains,
water will be provided at rates established by City ordinances for such service
throughout the City.
2. As development and construction commence in this property, water mains of
the City will be extended in accordance with provisions of the Subdivision
Regulations and other applicable ordinances and regulations. City
participation in the costs of these extensions shall be in accordance with the
applicable City ordinances and regulations. Such extensions will be
commenced within two (2) years from the effective date of the annexation
ordinance and substantially completed with four and one-half (4 1/2) years
after that date.
3. Water mains installed or improved to City standards which are within the
annexed area and are within 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.
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 Regulations and other applicable City ordinances and
regulations. Such extensions will be commenced within two (2) years
from the effective date of the annexation ordinance and substantially
completed within four and one-half(4 1/2) years after that date.
J. MISCELLANEOUS
1. Any facility or building located within the annexed area and utilized by
the City in providing services to the area will be maintained by the City
commencing upon the date of use or within sixty (60) days of the effective
date of the annexation ordinance, whichever occurs later.
2. General municipal 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. Notwithstanding, anything set forth above, this Service Plan does not
require all municipal services be provided as set forth above if different
characteristics of topography, land use and population density are
considered a sufficient basis for providing different levels of service.
4. The Service Plan is valid for ten (10) years from the effective date of this
Ordinance.
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LOCATION MAP
PROPOSED ANNEXATION
WYLIE CITY COUNCIL
AGENDA ITEM NO. 5.
August 12, 2003
Issue
Consider and act upon an Ordinance annexing all of a certain a .83 acre tract of land out
of the James Truett Survey, Abstract 920, Collin County, Texas, and located at 520 N.
Ballard.
Background
A request for voluntary annexation has been submitted by the owner of the above
referenced property. The property is located on N. Ballard, north of the Cottonbelt
Railroad. Should the City Council approve the proposed annexation, the property will be
temporarily zoned as A (Agricultural) until permanent zoning is established. The
procedure for establishing the permanent zoning on annexed territory shall conform to the
procedures established by law for the adoption of zoning regulations.
Before a municipality may begin annexation proceedings, the governing body of the
municipality must conduct two (2) public hearing at which persons interested in the
annexation are given the opportunity to be heard. In compliance with state law, staff has
prepared the following public hearing schedule:
Notice published for Public Hearings July 9, 2003
First Public Hearing July 21, 2003
Second Public Hearing July 22, 2003
Adoption of Ordinance August 12, 2003
Financial Consideration
N/A
Other Considerations
Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust
boundaries. The City will also be required when the annexation is considered to comply
with the Local Government Code for the provision of services, (please see attached
Service Plan).
This annexation is being conducted in compliance with Sections 43.063 of the Local
Government Code.
Board/Commission Recommendations
N/A
Staff Recommendations
Approval
Attachments
Area Map
Ordinance
Prepare y Revie76 by Finance City M. r oval
ORDINANCE NO. 2003-17
AN ORDINANCE ANNEXING A CERTAIN .83 ACRE TRACT OF
LAND OUT OF THE JAMES TRUETT SURVEY, ABSTRACT 920,
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
HEREAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A
VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE
ZONING ORDINANCE NO. 2001-48; PROVIDING FOR
REPEALING, SAVINGS AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE OF THE ORDINANCE;
AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
THEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under
the authority of Section 43.021. Local Government Code and the City of Wylie, Texas'
(Wylie)Home Rule Charter, investigated and determined that it would be advantageous
and beneficial to Wylie and its inhabitants to annex the below-described property(the
"Property")to Wylie; and
WHEREAS, prior to conducting the public hearings required under Section
43.063, Local Government Code, the City Council also investigated and determined that
the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and
contiguous to the existing city limits of Wylie; and
WHEREAS, before the publication of the notice of the first public hearing
regarding the annexation of the Property, the City Council directed the appropriate
persons to prepare a service plan that provides for the extension of full municipal services
to the Property to be annexed; and
WHEREAS, the City Council finds that the service plan has been prepared in full
compliance with Section 43.056, Local Government Code, and has been made available
for public inspection and was available for explanation to the inhabitants of the Property
at the public hearings; and
WHEREAS, the City Council finds that the field notes close the boundaries of
the Property being annexed; and
WHEREAS, the City Council has conducted at least two (2) public hearings at
which persons interested in the annexation were given an opportunity to be heard
regarding the proposed annexation and the proposed service plan; and
WHEREAS, the City Council finds that the public hearings were conducted on or
after the fortieth (40th) day but before the twentieth (20th) day before the date of
institution of the annexation proceedings; and
WHEREAS, the City Council finds it has completed the annexation process
within ninety (90) days after the City instituted the annexation proceedings; and
WHEREAS, the City Council finds that all legal notices, hearings, procedures
and publishing requirements for annexation have been performed and completed in the
manner and form set forth by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF WYLIE, TEXAS:
SECTION 1: The Property described in "Exhibit A" and all public streets,
roadways and alleyways located within or contiguous to the same is hereby annexed to
Wylie.
SECTION 2: The Service Plan for the Property is attached hereto as "Exhibit B"
and made a part hereof for all purposes.
SECTION 3: That from and after the passage of this Ordinance, the Property shall
be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and
privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and
regulations enacted pursuant to and in conformity with the City Charter and the laws of
the State of Texas.
SECTION 4: That the official map and boundaries of Wylie are hereby amended
to include the property as part of the City of Wylie, Texas, and that a certified copy of
this Ordinance shall be filed in the County Clerk's office of Collin County, Texas.
SECTION 5: It shall be unlawful for any person, firm or corporation to make use
of the Property in some manner other than as authorized by this Ordinance and
Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto; and it
shall be unlawful for any person, firm or corporation to construct on the Property any
building that is not in conformity with the permissible use under this Ordinance and
Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto.
SECTION 6: Any person, firm or corporation who violates any provision of this
Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendment
thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a
sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every
day such violation continues shall be considered a separate offense; provided, however,
such penal provision shall not preclude a suit to enjoin such violation.
SECTION 7: Should any part or portion of this Ordinance, or the use created
herein or under Comprehensive Zoning Ordinance No. 2001-48, and any amendments
thereto, be declared unconstitutional or invalid by any court of competent jurisdiction, it
is expressly provided that any and all remaining portions shall remain in full force and
effect.
SECTION 8: All ordinances in conflict with this Ordinance are repealed to the
extent they are in conflict, and any remaining portions of the conflicting ordinance shall
remain in full force and effect.
SECTION 9: The caption of this Ordinance shall be published in accordance with
the law and the City Charter and shall be effective immediately upon its passage or as
required by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS on this 12th day of August, 2003.
JOHN MONDY, Mayor
ATTESTED TO AND CORRECTLY RECORDED BY:
CAROLE EHRLICH, City Secretary
Date of Publication
EXHIBIT"A"
All that tract of land situated in Collin County, Texas, being a part of an original 12 acre
first tract out of the James Truett Survey, Abstract No. 920, conveyed to Orville
Kreymer, et al, by Media Kreymer, a widow, recorded in volume 645, Page 627 of the
Deed Records of Collin County, Texas, and more fully described as follows:
Beginning at the junction of the east line of Farm Road No. 2514 (Ballard Avenue) with
the north line of the St. Louis South West Railroad right-of-way near the southwest
corner of the 12 acre tract;
Thence, North along the east line of Farm Road No. 2541 (Ballard Avenue), a distance of
221.30 feet to corner;
Thence, East a distance of 353.70 feet to corner in the north right-of-way of the St. Louis
South West Railroad;
Thence, along the north right-of-way of the St. Louis South West Railroad, along an arc
of curve to the left, a distance of 417.93 feet, said curve has a central angle of 11 40',
radius of 2,050.00 feet and a long chord of 417.23 feet, continuing to the Place of
Beginning, and containing a total of 0.83 acres
EXHIBIT"B"
CITY OF WYLIE, TEXAS
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE NO.: 2003-17
DATE OF ANNEXATION ORDNANCE: August 12,2003
ACREAGE ANNEXED: .83 acres
SURVEY, ABSTRACT & COUNTY: James Truett Survey, Abstract 920, Collin County
Municipal Services to the acreage described above shall be furnished by or on behalf of
the City of Wylie, Texas (the "City"), at the following levels and in accordance with the
following schedule:
A. POLICE SERVICE
1. Patrolling, responses to calls and other routine police services, within the
limits of existing personnel and equipment and in a manner consistent
with any of the methods of the City, extends police service to any other
area of the municipality, will be provided within sixty (60) days of the
effective date of the annexation ordinance.
2. As development and construction commence in this area, sufficient police
personnel and equipment will be provided to furnish this area the
maximum level of police services consistent with the characteristics of
topography, land utilization and population density within the area as
determined by the City Council within four and one-half (4-1/2) years
from the effective date of the annexation ordinance, or upon
commencement of development within the area, whichever occurs later.
3. Upon ultimate development of the area, the same level of police services
will be provided to this area as are furnished throughout the City.
B. FIRE SERVICES
1. Fire protection by the present personnel and the present equipment of the Fire
Department, within the limitations of available water and distances from
existing fire stations, and in a manner consistent with any of the methods of
the City, extends fire service to any other area of the municipality, will be
provided to this area within sixty (60) days of the effective date of the
annexation ordinance.
2. As development and construction commence in this area, sufficient fire and
emergency ambulance equipment will be provided to furnish this area the
maximum level of fire services consistent with the characteristics of
topography, land utilization and population density within the area as
determined by the City Council within four and one-half(4-1/2) years from
the effective date of the annexation ordinance, or upon commencement of
development within the area, whichever occurs later.
3. Upon ultimate development of the area, the same level of fire and emergency
ambulance services will be provided to this area as are furnished throughout
the City.
C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES
1. Enforcement of the City's environmental health ordinances and
regulations, including but not limited to, weed and brush ordinances,
junked and abandoned vehicle ordinances and animal control ordinances,
shall be provided within this area sixty (60) days of the effective date of
the annexation ordinance. These ordinances and regulations will be
enforced through the use of existing personnel.
2. 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.
3. 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.
4. 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.
5. All inspection services furnished by the City, but not mentioned above,
will be provided to this area beginning within sixty (60) days of the
effective date of the annexed ordinance.
6. As development and construction commence in this area, sufficient
personnel will be provided to furnish this area the same level of
Environmental Health and Code Enforcement Services as are furnished
throughout the City.
D. PLANNING AND ZONING SERVICES
The planning and zoning jurisdiction of the City will extend to this area within
sixty (60) days of the effective date of the annexation ordinance. City planning
will thereafter encompass this property, and it shall be entitled to consideration
for zoning in accordance with the City's Comprehensive Zoning Ordinance and
Comprehensive Plan.
E. PARK AND RECREATION SERVICES
1. Residents of this property may utilize all existing park and recreational
services, facilities and sites throughout the City, beginning within sixty (60)
days of the effective date of the annexation ordinance.
2. Additional facilities and sites to serve this property and its residents will be
acquired, developed and maintained at locations and times provided by
applicable plans for providing parks and recreation services to the City.
3. Existing parks, playgrounds, swimming pools and other recreational facilities
within this property shall, upon dedication to and acceptance by the City, be
maintained and operated by the City of Wylie, but not otherwise.
F. SOLID WASTE COLLECTION
1. Solid waste collection shall be provided to the property in accordance with
existing City policies, beginning within sixty (60) days of the effective
date of the annexation ordinance. Residents of this property utilizing
private collection services at the time of annexation shall continue to do so
until it becomes feasible because of increased density of population to
serve the property municipally. Commercial refuse collection services
will be provided to any business located in the annexed area at the same
price as presently provided for any business customer within the City,
upon request.
2. As development and construction commence in this property and
population density increases 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's existing policies with regard to street maintenance, applicable
throughout the entire City, shall apply to this property beginning within sixty
(60) days of the effective date of the annexation ordinance. Unless a street
within this property has been constructed or is improved to the City's
standards and specifications, that street will not be maintained by the City.
2. As development, improvement or construction of streets to City standards
commences within this property, the policies of the City with regard to
participation in the costs thereof, acceptance upon completion and
maintenance after completion, shall apply.
3. The same level of maintenance shall be provided to streets within this
property which have been accepted by the City as is provided to City streets
throughout the City.
4. Street lighting installed on streets improved to City standards shall be
maintained in accordance with current City policies.
H. WATER SERVICES
1. Connection to existing City water mains for water service for domestic,
commercial and industrial use within this property will be provided in
accordance with existing City policies. Upon connection to existing mains,
water will be provided at rates established by City ordinances for such service
throughout the City.
2. As development and construction commence in this property, water mains of
the City will be extended in accordance with provisions of the Subdivision
Regulations and other applicable ordinances and regulations. City
participation in the costs of these extensions shall be in accordance with the
applicable City ordinances and regulations. Such extensions will be
commenced within two (2) years from the effective date of the annexation
ordinance and substantially completed with four and one-half (4 1/2) years
after that date.
3. Water mains installed or improved to City standards which are within the
annexed area and are within 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.
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 Regulations and other applicable City ordinances and
regulations. Such extensions will be commenced within two (2) years
from the effective date of the annexation ordinance and substantially
completed within four and one-half(4 1/2) years after that date.
J. MISCELLANEOUS
1. Any facility or building located within the annexed area and utilized by
the City in providing services to the area will be maintained by the City
commencing upon the date of use or within sixty (60) days of the effective
date of the annexation ordinance, whichever occurs later.
2. General municipal 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. Notwithstanding, anything set forth above, this Service Plan does not
require all municipal services be provided as set forth above if different
characteristics of topography, land use and population density are
considered a sufficient basis for providing different levels of service.
4. The Service Plan is valid for ten (10) years from the effective date of this
Ordinance.
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LOCATION MAP
PROPOSED ANNEXATION
WYLIE CITY COUNCIL
AGENDA ITEM NO. 6.
August 12, 2003
Issue
Consider and act upon awarding a contract for audit services to Rutledge Crain &
Company, PC for Fiscal Year 2002-2003.
Background
An audit involves the examination of the City's general-purpose financial statements in
order to provide reasonable assurance that the City's financial condition is accurately
stated. The audit also addresses the City's internal control structure and compliance
with various policies, laws and regulations. One of the products of the audit is the
Comprehensive Annual Financial Report (CAFR). The purpose of the CAFR is to
provide the City Council, management, staff, bond rating agencies, and the public a
detailed source of information reflecting the City's financial condition. Included in the
CAFR are the following sections: Introductory, Financial, and Statistical. The
"Independent Auditors' Report" is the statement of opinion regarding the Financial
Section of the CAFR. The other CAFR sections are provided as supplemental
information for interested parties.
The City is required to engage independent outside auditors annually (see "Other
Considerations"). In 1996 a Request for Proposal (RFP) for audit services was
completed and the audit firm of Pattillo, Brown, & Hill, L.L.P. was selected. Pattillo,
Brown, & Hill, L.L.P. has audited the City the past seven fiscal years, beginning with
Fiscal Year 1995-96. It is recommended that municipalities schedule audit firms on a
three to five year rotation. Therefore, a Request for Proposal (RFP) was issued for the
selection of a new audit firm for a period up to five years.
Proposals were received from two audit firms on July 21, 2003. A third audit firm
submitted a letter stating their intent not to submit a proposal. The Finance and
Assistant Finance Directors evaluated the technical proposals, then the sealed dollar
cost bids were opened and added to the technical evaluation results. After careful
deliberation, the Finance Staff recommends the audit firm of Rutledge Crain &
Company, PC to perform the audit for September 30, 2003, with the option of auditing
each of the four subsequent fiscal years.
Financial Considerations
The estimated cost of audit services for Fiscal Year 2002-2003 is $29,120. This
estimate includes the Basic Audit, GASB 34 Review, Preparation of the CAFR and the
WEDC Audit. No Federal Single Audit is required this year. The 2003-2004 Proposed
Finance Department budget includes $45,000 for audit fees. The Fiscal Year 2001-
2002 audit cost was $14,995. The invoiced fee will be based on actual time spent on
the audit plus expenses. The City must approve any significant additional audit cost in
advance.
Other Considerations
Section 13 of the City Charter requires an annual outside audit of the City's financial
statements. In addition, the Federal Government may require a single audit of all the
City's federal grants if the total of the grants exceeds $300,000 in a given fiscal year.
The City's outside audit firm will be completing the annual audit required for the Wylie
Economic Development Corporation (WEDC).
Staff Recommendation
The staff recommends the City Council authorize the City Manager to contract for audit
services as proposed by Rutledge Crain & Company, PC for Fiscal Year 2002-2003.
Attachments
Attachment A - Dollar & Technical Proposals from Rutledge Crain & Company, PC
Attachment B - Engagement Letter from Rutledge Crain & Company, PC
Attachment C - Summary of Audit Cost Estimates Submitted by Audit Firms
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Flared By Revi ed by Financ City Mana royal
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ORIGINAL
COMPENSATION PROPOSAL FOR THE
FINANCIAL AND COMPLIANCE AUDIT OF
THE CITY OF WYLIE, TEXAS
September 30, 2003
RUTLEDGE CRAIN&COMPANY,PC
Certified Public Accountants
2401 Garden Park Court,Suite B
Arlington,Texas 76013
Metro(817)265-9989
RUTLEDGE CRAIN & COMPANY, PC
CERTIFIED PUBLIC ACCOUNTANTS
2401 Garden Park Court, Suite B
Arlington, Texas 76013
•
July 21, 2003
Honorable Mayor and Council Members
City of Wylie,Texas
This compensation proposal contains all pricing information relative to performing the audit
engagement as described in the request for proposal. The fee estimate contains all direct and indirect
costs including all out-of-pocket expenses.
1. Total All-Inclusive Maximum Fee Estimate
If engaged to provide the audit services as detailed in the accompanying technical proposal,
we estimate the total audit fees as follows:
a. City of Wylie audit $20,160
b. GASB 34 review 3,200
c. Preparation of the CAFR as an alternative 3,200
d. Single audit, if needed 2,560
e. Wylie Economic Development Corporation 2,560
These amounts are an estimate only, and should we discover any unusual circumstances that
would increase the time necessary to complete the engagement, the fee would increase.
However, we would specifically discuss such unusual circumstances with the Director of
Finance and the City Manager and seek an alternative approach before proceeding so as to
remain within the fee estimate.
Members:
Metro(817)265-9989 American Institute of Certified Public Accountants Fax(817)861-9623
Texas Society of Certified Public Accountants
IHonorable Mayor and Council Members
City of Wylie, Texas July 21, 2003
I2. Rates by Position and Hours Anticipated for Audit
1 Following is the estimated audit fee by position for the audit of the City of Wylie, Texas:
I ESTIMATED AUDIT FEE
NAME POSITION RATE HOURS TOTAL
IAudit:
Lewis Crain Shareholder $80 120 $9,600
I Chris Rutledge Shareholder 80 96 7,680
Mike Vinez Manager 50 96 4,800
Estimated fee 312 22,080
I Less Start up' 80 (24) (1,920)
Basic audit 288 20,160
I GASB 34 Review 40 3,200
Preparation of CAFR 40 3,200
I Single Audit 32 2,560
WEDC 32 2,560
Estimated maximum fee -2003 432 $31,680
I3. Rates for Additional Professional Services
I It is our understanding that, if it should become necessary for the City to request the Auditor
to render any additional services to either supplement the services requested in the request
for proposal or to perform additional work as a result of the specific recommendations
I included in any report issued during the engagement, such additional work will only be
performed if set forth in an addendum to the contract between the City and this firm. Any
such additional work agreed to between the City and this firm shall be performed at the same
Irates set forth in the schedule of fees and expenses.
1
I ' There are certain procedures which must be performed on any audit which will benefit future years such as
obtaining copies of on going contracts, leases,bond covenants,and other documents. Additionally,time is
required to customize audit software programs which will be used to prepare trial balances and fmancial
statements used in the audit. We are able to amortize these"start up"costs over multi year engagements,thus
Iour fees for multi year engagements can be held down.
2
I
I Honorable Mayor and.
Council Members
City of Wylie, Texas July 21, 2003
I4. Manner of Payment
IIt is understood that payment will be made on no more than four draws with the last draw
being 15 percent held until presentation of the CAFR to the City Council. We understand
that the payments will be made in accordance with the schedule outlined in the request for
Iproposal.
5. Subsequent Year Fees
The following table presents a breakdown between the audit of the City's general purpose
I financial statements with a conversion to GASB 34 for the year ended September 30, 2003.
Estimates for future years are based upon no appreciable increase in hours.'
I ESTIMATED FEES
Year ended September 30, 2003 2004 2005 2006 2007
I Basic audit $22,080 $20,822 $21,447 $22,090 $22,753
GASB 34 3,200 3,296 3,395 3,497 3,602
Preparation of CAFR 3,200 3,296 3,395 3,497 3,602
ISingle Audit 2,560 2,637 2,716 2,797 2,881
WEDC 2,560 2,637 2,716 2,797 2,881
IStart up costs (1,920) -- -- -- --
Total $31,680 $32,688 $33,669 $34,679 $35,719
I
Very truly yours,
I Awile+, tAtx...;`
'70/1"4- e,(-,
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Our policy for determining the audit fee for subsequent years is to adjust the fee by the annual change in the
I consumer price index(CPI)assuming that it is not necessary to change the level of work necessary to perform
the audit. For illustration purposes,a change in the CPI of 3%has been used.
3
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MASTER
PROPOSAL FOR THE
FINANCIAL AND COMPLIANCE AUDIT OF
' THE CITY OF WYLIE, TEXAS
September 30, 2003
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RUTLEDGE CRAIN&COMPANY,PC
Certified Public Accountants
2401 Garden Park Court, Suite B
1:• Arlington,Texas 76013
Metro(817)265-9989
1.
1
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I
• TABLE OF CONTENTS
t
1 Section A - Cover Letter 1
Section B - Technical Component 2
1 1. Independence 3
2. License to Practice in Texas 3
3. Firm Qualifications and Experience 3
4. Partner, Supervisory and Staff Qualifications and Experience 4
5. Assignment of auditing staff and changes in assigned staff 5
6. Prior Engagements With the City of Wylie 5
7. Similar Engagements with Other Governmental Entities 6
8. Audit Approach 6
9. Additional Information 8
10. Contractual Arrangements
8
Attachment A- Lewis Crain, CPA 9
Attachment B - Christian A. Rutledge, CPA 11
Attachment C - Michael Vinez, CPA 13
Attachment D -Quality Control Review 14
Attachment E - Contractual Arrangements Certification 15
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RUTLEDGE CRAIN & COMPANY, PC
CERTIFIED PUBLIC ACCOUNTANTS
2401 Garden Park Court, Suite B
I Arlington, Texas 76013
Section A-Cover Letter
July 21, 2003
Honorable Mayor and Council members
City of Wylie, Texas
We are pleased at this opportunity to respond to your request for a fee estimate for conducting the
audit of the Comprehensive Annual Financial Report of the City of Wylie,Texas for the year ended
September 30, 2003.
All services will be performed within the time frame outlined in the attached work schedule. We
will perform a financial and compliance audit of the Comprehensive Annual Financial Report of the
City in accordance with generally accepted auditing standards and the Single Audit Act for the year
ended September 30,2003.
We will assist the City in implementing new statements issued by the Governmental Accounting
Standards Board(GASB)or Financial Accounting Standards Board(FASB) at the earliest possible
date.
1 Our fee for audit,accounting, and consultingservices is determined bystandard hourlyrates. Our
g
estimated maximum fee to audit the City's Comprehensive Annual Financial Report, including the
conversion to GASB 34, is included in a separate-compensation proposal.
We believe that our firm is best qualified to perform your audit because of our concentration in the
governmental auditing field and our unique approach to performing the audit as described in more
detail in section B,2 of this proposal.
We will provide a management letter recommending improvements to internal control based upon
our audit of the financial statements. Prior to submitting this management letter,we will go over a
draft with the City Manager and Finance Director.
We greatly appreciate the opportunity to propose on the audit of the City. If you should have any
questions or seek further clarification of our proposal, we will be happy to respond at your
convenience. Please contact our shareholder who will be in charge of the engagement:
Lewis Crain, CPA
(817)265-9989
Very truly yours,
( ; 79ct;' 'etc
Members:
Metro(817)265-9989 American Institute of Certified Public Accountants Fax(817)861-9623
Texas Society of Certified Public Accountants
Honorable Mayor and Council members
City of Wylie, Texas July 21, 2003
Section B -Technical Component
It is our understanding that the services you are requesting consist of the examination of the general
purpose financial statements, combining statements, and other schedules for the City and all
component entities for the fiscal year ended September 30, 2003. The examination will be
conducted in accordance with generally accepted government auditing standards, the standards set
forth for financial audits in the General Accounting Office's(GAO)Government Auditing Standards
(1994),the provisions of the federal Single Audit Act Amendments of 1996 and the U.S. Office of
Management and Budget (OMB) Circular A-133, Audits of State and Local Governments; and
standards as included in the Statements on Auditing Standards and Audits of State and Local
Governments published by the American Institute of Certified Public Accountants.
The financial statement audit will be made to determine whether:
• the financial statements present fairly the financial position, results of operations, and cash
flows or changes in financial positions in conformity with generally accepted accounting
principles, and
• whether the City has complied with laws and regulations for those transactions and events
that may have a material effect on the financial statements.
As a part of the audit,we will issue a report on the internal control structure based on the auditor's
understanding of the control structure and assessment of control risk. In compliance with OMB
Circular A-133, the study and evaluation of the internal control structure will include internal
accounting and administrative controls for all major federal financial assistance programs or 50%
of total federal program expenditures. Any material weakness noted during the study and evaluation
of internal accounting and administrative controls will be reported.
As part of the audit of the general purpose financial statements,transactions and records pertaining
to federal programs will be tested for material compliance with federal laws, rules, and regulations,
and all instances of noncompliance will be reported to the City. A management report indicating any
reportable conditions noted during the course of the audit will also be issued.
In conjunction with the audit of the general purpose financial statements, we will express an "in
relation to" opinion as to the fair presentation of the City's combining and individual fund and
account group financial statements and schedules.
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...__... . .. ..
Honorable Mayor and Council members
City of Wylie, Texas July 21, 2003
1. Independence
We affirm that Rutledge Crain&Company,PC and all members of the proposed audit team
do not have a direct or indirect financial interest in or relationship with any of the employees
of the City or any members of the City Council of the City of Wylie.
We affirm that Rutledge Crain& Company, PC is independent of the City of Wylie, Texas
' as defined by generally accepted auditing standards and the U.S.General Accounting Office's
Government Auditing Standards (1994).
We affirm that Rutledge Crain&Company,PC is independent of all component units of the
City of Wylie, Texas as defined by generally accepted auditing standards and the U.S.
General Accounting Office's Government Auditing Standards(1994).
We affirm that we have not had a professional relationship with the City of Wylie or any of
its agencies for the past five years.
1
2. License to Practice in Texas
The firm of Rutledge Crain & Company, PC and all assigned key professional staff are
properly licensed to practice public accounting in the state of Texas.
3. Firm Qualifications and Experience
Rutledge Crain&Company,PC is located in Arlington,Texas with offices of affiliated firms
in Austin,Dallas,Houston,Midland,and Odessa,Texas. We are a local firm with a regional
governmental audit practice ranging from the Texas panhandle to the gulf coast.
Rutledge Crain & Company, PC is dedicated to building a governmental audit and
accounting practice based upon providing the highest quality personal service to its clients.
We provide this personal touch by having our shareholders perform the field work and by
remaining in touch with our clients throughout the year.
The firm has been a member of the AICPA Quality Review Program since 1991 when the
firm was founded. The firm receives a quality review every three years. The firm received
a quality review for 2001, 1998, 1995, and 1992 and received an unqualified report each
time. A copy of our most recent quality control review is included as attachment D.
The firm is not currently, nor has it ever been, under the terms of a public or private
reprimand by the Texas State Board of Public Accountancy or the licensing board of any
other state. The firm has not had a federal or state desk review or audit in the past three
years. The firm has never been involved in any litigation.
Firm policy regarding continuing professional education (CPE) meets or exceeds the
requirements of the American Institute of Certified Public Accountants (AICPA), the Texas
Society of CPA's,the Texas State Board of Public Accountancy,and the General Accounting
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Honorable Mayor and Council members
City of Wylie,Texas July 21, 2003
Office (GAO). (Our professional organizations require an average of 40 hours of CPE
annually, while the GAO requires 24 hours of CPE covering governmental subjects every
two years). We strive to obtain CPE on subjects relevant and useful to existing or future
clients.
In previous years, Mr. Rutledge and Mr. Crain have presented two day seminars to other
CPA's in the area of governmental accounting and auditing for CPE credit. Additionally,
they have presented four hour seminars to the Governmental Accountants Association and
the County Auditor's Association for Region 9.
In July 2003, Mr. Crain is on the panel presenting an eight hour seminar on converting to
GASB 34 for Texas Counties. This seminar is sponsored jointly by the Texas Comptroller's
office and the Texas Association of Counties and is being presented to elected County
officials at various locations around the state.
The firm typically gains and loses small clients due to fee competition,and gains large clients
due to our governmental experience while losing them due to mandatory rotation of auditors.
Clients gained in the past three years were:
City of Haslet
Austin County
Clients lost in the past three years were:
City of Midlothian- disagreement over accounting principles.
City of Red Oak- normal rotation.
City of Stephenville -normal rotation.
4. Partner, Supervisory and Staff Qualifications and Experience
The audit team will consist of our shareholders, Mr Rutledge and Mr. Crain and an audit
manager,Mr.Vinez. Mr. Crain will be responsible for the overall audit including planning,
directing, and conducting substantial portions of the audit. See detailed resumes for Mr.
Crain,Mr.Rutledge, and Mr. Vinez at attachment A, B,and C for educational background
and professional licenses held.
Continuing professional education courses for our shareholders follows:
Lewis Crain, Shareholder
Texas County Auditors Conference 18
Auditware Annual Software and Government Audit Update 8
Ethics update 2
Review of CAFR's for Governmental Finance Officer's Association 4
Total for reporting year 2003 10.
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•
•
I Honorable Mayor and Council members
City of Wylie, Texas July 21, 2003
ITexas County Auditors Conference 21
Auditware Annual Software and Government Audit Update 8
I Review of GASB 34 9
Review of CAFR's for Governmental Finance Officer's Association 8
Total for reporting year 2002 46
Texas County Auditors Conference 20
Auditware Annual Software and Government Audit Update 8
I Auditing Standards update 20
Review of CAFR's for Governmental Finance Officer's Association 4
I Total for reporting year 2001 52
Chris Rutledge, Shareholder
I Southwest School of Government Finance 24
AICPA National Government Accounting and Auditing update 25
Auditware Annual Software and Government Audit Update 8
IMunicipal Advisory Conference on Good Disclosure Practices 6
AICPA GASB 34 Industry Audit Guide Update 2
AICPA New GAO Independence Standards 2
Total for reporting year 2003 67
Southwest School of Government Finance 24
AICPA National Government Accounting and Auditing update 25
Auditware Annual Software and Government Audit Update 8
Ethics update 2
I Total for reporting year 2002 51
I Southwest School of Government Finance 24
AICPA National Government Accounting and Auditing update 25
Auditware Annual Software and Government Audit Update Ethics update 8
I Total for reporting year 2003 51
1 5. Assignment of auditing staff and changes in assigned staff
The shareholders named in this proposal will work on the audit of the City of Wylie and will
Inot be changed. We retain the right to change the audit manager if circumstances outside our
control make Mr. Vinez unavailable.
1 6. Prior Engagements With the City of Wylie
f
I The firm has performed no engagements with the City of Wylie for the past five years. The
firm audited the Comprehensive Annual Financial Reports of the City of Wylie for the.4
five
year period ended September 30, 1995. .
II
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Honorable Mayor and Council members Jul 21, 2003
Ci of W lie,Texas
7. Similar Engagements with Other Governmental Entities
Following is a partial list of our current local government clients:
A. City of Rockwall,Texas- 5 years
Scope of audit-Audit of CAFR and single audit
Fiscal year end- September 30
Shareholder- Lewis Crain
Total hours-400
Client Contact-Ms.Mary Smith, CPA,Finance Director, (972) 771-7700
B. City of Keller,Texas - 6 years
Scope of audit-Audit of CAFR and single audit
Fiscal year end- September 30
Shareholder- Chris Rutledge
Total hours- 380
Client Contact-Johnny Phifer, CGFO,Finance Director, (817) 431-1913
C. City of Waxahachie,Texas - 10 years
Scope of audit-Audit of CAFR and single audit
Fiscal year end- September 30
Shareholder-Lewis Crain
Total hours-360
Client Contact-Mr. Carl Wessels, CPA,Finance Director, (972) 937-7330
D. City of Kerrville,Texas -4 years
' Scope of audit- Audit of CAFR and single audit
Fiscal year end- September 30
Shareholder-Chris Rutledge
Total hours -340
Client Contact-Dane Tune, CPA, Assistant. City Manager, (830)257-8000
E. City of Stephenville,Texas- 8 years
Scope of audit-Audit of CAFR and single audit
Fiscal year end- September 30
Shareholder-Lewis Crain
Total hours-280
Client Contact-Mark Kaiser, CPA,Finance Director, (254) 918-1225
8. Audit Approach
., a•. f T �,Cal Government , a four volume
a. We will plan our audit approach using u r� �=
are widely
audit manual(contributing author-Lewis Crain). These plan and manage rauied
upon by auditors throughout the United States program as a starting
engagements. This manual contains a standard governmental
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Honorable Mayor and Council members
City of Wylie, Texas July 21, 2003
f
point to insure.that all potential areas are addressed. From this point we tailor the
program to match your specific needs.
b. The audit approach emphasizes the use of sound statistical methods and the use of
computer power. We utilize the concepts of SAS 55 as detailed in Audits of Local
Governments and as modified by SAS 78. Our basic approach is to determine
sample size based upon our evaluation of the internal control structure in place.
From this study we will select an appropriate sample ranging in size from 25 to 60
items. We typically test cash receipts, cash disbursements, and payroll and related
costs. When performing single audits, we insure that these tests include the
appropriate disbursements for state and federal programs.
c. Our approach to auditing involves the extensive use of audit software. We typically
1 obtain a print file of the detail general ledger and budget reports. Our audit software
then transforms the print file into a database which can be used to analyze all aspects
of the general ledger,or to export any of the records to a spreadsheet program. Our
statistical sampling software permits us to select a valid random sample of any
transaction class. Additionally, the software.analyzes the sample and prints work
papers for our use. Our extensive use of notebook computers greatly enhances our
ability to complete the audit in a timely manner.
d. The audit team will consist of Mr. Rutledge,Mr. Vinez and Mr. Crain. Following
is a breakdown of major segments of the audit by hours and staff assigned:
1 Phase Staff Hours
Start up and planning Shareholder 40
Fieldwork Shareholder 176
Fieldwork Manager 96
312
Conversion to GASB 34 40
Single Audit 32
WEDC 32
Report preparation
and wrap up Shareholder 40
Total estimated hours 456
' e. City staff assistance will be needed for the purpose of documenting the City's internal
control system and accounting procedures, locating records and preparation of
selected schedules. Where possible,we will use existing schedules and analyses. We
emphasize the importance of minimizing disruption and maximizing cooperation
with the City's personnel while looking for opportunities to suggest improvements
in policies and procedures.
f. To complete the audit in an efficient fashion, we propose the following time
guidelines to segment the audit:
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Honorable Mayor and Council members
City of Wylie,Texas July 21, 2003
(1) Start up,and Planning-Review of internal control,documentation of system,
planning of audit procedures, and a detailed audit plan with requested
schedules to be prepared by City staff- to be completed by September 30,
2003.
(2) Final field work- To begin after the City's books are closed and requested
audit schedules have been prepared. All field work will be completed by
February 28,2004.
(3) Report review and wrap up - We will review the client prepared draft of the
general purpose financial statements and the combining and individual fund
financial statements and schedules. We will sign off on the city prepared
draft of the financial statements and make any recommendations to the
director of finance on or before February 28, 2004.
9. Additional Information
The inherent difficulties of conversion to the GASB 34 accounting model have resulted in
two of our former clients extending their contracts for an additional year with our firm so that
we may assist them in their conversion. Because of these contractual obligations, we are
committed through mid January 2004. As an alternative to the schedule outlined in the
request for proposal, if selected, we would propose the following alternative schedule:
a. Interim field work to be scheduled and completed during September 30, 2003.
b. Final field work to be scheduled to begin January 19, 2004 and to be completed by
February 13, 2004.
c. Draft financial statements to be reviewed and signed off on by February 28, 2004
In subsequent years,we would propose to perform the audit during the month of December
and to complete the audit prior to January 31 of each year.
10. Contractual Arrangements
We understand that the contract to be awarded by the City for audit services, as identified in
the Request for Proposal,will be for a period of five years, subject to: 1) an annual review,
2)the satisfactory negotiation of terms(including a price acceptable to both the City and the
selected firm),and 3)the annual availability of an appropriation approved to City Council.
We understand that the primary purpose of the examination is to express an opinion on the
financial statements. Conditions could be discovered which lead to the belief that material
errors, defalcations, or other irregularities may exist which require extended services. If
required to provide additional services,we will inform management and reach an agreement
on the extended services before proceeding.
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I
Honorable Mayor and Council members
City of Wylie, Texas July 21, 2003
Attachment A- Lewis Crain,.CPA
I. Education
A. Midwestern State University, BA English 1968
Wichita Falls, Texas
B. Midwestern State University, BBA Accounting 1974
Wichita Falls, Texas
C. Professional development courses at Peat,Marwick,Mitchell&Co.,Rylander, Clay
& Opitz, and the Texas Society of CPA's.
D. CPA, State of Texas, 1976 Certificate No. 15667
II. Professional Organizations
I
A. Member of American Institute of Certified Public Accountants
B. Member of Texas Society of Certified Public Accountants
C. Member of Governmental Finance-Officer's Association
D. Lieutenant Colonel in the United States Army Reserve (Retired)
' III. Experience
1 Mr. Crain worked his first five years in public accounting with Peat, Marwick, Mitchell &
Co., Fort Worth, Texas where he advanced to the supervising senior level. There he was
trained extensively as a computer audit specialist and performed numerous consulting
services relating to data processing systems.
In August 1979, Mr. Crain was employed by Rylander, Clay& Opitz and was admitted to
1 partnership in September, 1982 where he was responsible for the governmental auditing and
accounting practice. In November of 1988, Mr. Crain left Rylander, Clay & Opitz to
1 specialize in the governmental consulting field by working directly with small audit firms
and governmental entities.
In July 1991,Mr. Crain and Mr. Rutledge founded the firm to concentrate their practice in
the governmental audit and accounting field.
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Honorable Mayor and Council members
City of Wylie, Texas July 21, 2003
IV. Listing of Governmental Audit Engagements
Mr. Crain has an extensive background in governmental and fund accounting. This
experience includes audits of various cities, counties, and non-profit entities.
Included in this group are the following:
Calhoun County,TX Clay County, TX Colorado County, TX
Comanche County,TX Erath County,TX Fannin County,TX
Grimes County,TX Hamilton County, TX Hopkins County,TX
Jack County, TX Montague County,TX Palo Pinto County,TX
Rockwall County,TX Waller County,Texas Washington County,TX
Wilbarger County, TX City of Alvarado, TX City of Azle,TX
City of Benbrook,TX City of Eastland,TX City of Forest Hill,TX
City of Giddings, TX City of Haslet,TX City of Houston, TX
City of Haslet, TX City of Heath,TX City of Hurst,TX
City of Harlengen,TX City of Keller,Texas City of Kerrville, TX
Town of Trophy Club City of Midlothian,TX City of Pantego,TX
City of Ranger, TX City of Red Oak,TX City of Rockwall, TX
City of Rowlett, TX City of Stephenville, TX City of Sachse, TX
City of Wylie, TX City of Waxahachie, TX McLennan County Dept. Ed.
Trophy Club MUD #1 Trophy Club MUD#2 Trophy Club Master District
V. Other
Mr. Crain is a contributing author to the four volume manual Audits of Local Governments
published by Practioners Publishing Company for use by local accounting firms and
governmental officials in the financial and compliance audits of local governments.
Additionally, he is a member of the Special Review Committee for the Governmental
Finance Officer Association's "Certificate of Achievement for Excellence in Financial
Reporting" program.
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Honorable Mayor and Council members
City of Wylie,Texas July 21, 2003
Attachment B -Christian A. Rutledge, CPA
I. Education
A. University of Tulsa, BBA Accounting 1977
Tulsa, Oklahoma
11 B. Professional development courses sponsored by the American Institute of CPA's,
Texas Society of CPA's and various other state societies,Rylander,Clay&Opitz and
other local firms.
C. CPA, State of Texas, 1981, Certificate No. 25687 (originally certified by State of
Oklahoma, 1980).
II. Professional Organizations
A. Member of American Institute of Certified Public Accountants
B. Member of Texas Society of Certified Public Accountants
01
C. Member of Fort Worth Chapter of TSCPA
D. Member of Government Finance Officers Association of Texas
11 III. Experience
Mr. Rutledge has worked for twenty-four years in public accounting as an auditor or small
business advisor for local CPA firms in Tulsa, Oklahoma and Fort Worth, Texas. He has
experience as an auditor for municipalities, school districts, counties, and non-profit
organizations. He has been responsible as senior field auditor for complex companies such
as an oil company with revenues in excess of$1 billion. He was audit partner for Pershouse
Rutledge& Company from January, 1987 through June, 1990.
In July 1991,Mr. Rutledge and Mr. Crain founded the firm to concentrate their practice in
the governmental audit and accounting field.
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Honorable Mayor and Council members
City of Wylie, Texas July 21, 2003
IV. Listing of Governmental Audit Engagements
Calhoun County, TX Clay County,TX Colorado County, TX
Comanche County, TX Fannin County, TX Grimes County, TX
Hamilton County, TX Hopkins County, TX Jack County,TX
Montague County, TX Rockwall County, TX Waller County, Texas
Washington County, TX Wilbarger County,TX City of Alvarado, TX
City of Azle, TX City of Eastland, TX City of Forest Hill,TX
City of Haslet, TX City of Heath,TX City of Keller,TX
City of Kerrville, TX City of Midlothian, TX Town of Pantego, TX
City of Ranger,TX City of Red Oak, TX City of Rockwall, TX
City of Sachse, TX City of Stephenville, TX Town of Trophy Club, TX
City of Waxahachie, TX City of Wylie, TX Terrell ISD, TX
McLennan County Dept. Ed. Trophy Club.MUD #1 Trophy Club MUD#2
Trophy Club Master District Pantego Econ. Dev. Corp. Ellis County Water District
V. Other
Mr. Rutledge is a member of the Special Review Committee for the Governmental
Finance Officer Association's "Certificate of Achievement for Excellence in
Financial Reporting" program.
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Honorable Mayor and Council members
City of Wylie,Texas July 21, 2003
Attachment C -Michael Vinez, CPA
Education
A. University of Texas, BBA Accounting 1976
Arlington,Texas
B. Professional development courses sponsored by the American Institute of CPA's,
Texas Society of CPA's and various other state societies.
C. CPA, State of Texas, 1986, Certificate No. 46102
II. Experience
Mr. Vinez has worked for twenty-seven years in the field of accounting. Thirteen of those
years were in corporate accounting where he rose to corporate controller. Fourteen of those
Iyears have been in public accounting as an auditor or small business advisor for local CPA
firms in Dallas and Arlington, Texas. He has experience as an auditor for municipalities,
counties, and non-profit organizations. He has been associated with Rutledge Crain &
Company,PC since 1991.
III. Listing of Governmental Audit Engagements
Calhoun County, TX Clay County, TX Colorado County, TX
Comanche County, TX Fannin County,TX Grimes County, TX
Hopkins County, TX Rockwall County, TX Waller County, Texas
Washington County,TX Wilbarger County,TX City of Azle,TX
City of Haslet, TX City of Heath,TX City of Keller,TX
City of Kerrville,TX City of Midlothian, TX Town of Pantego, TX
City of Red Oak,TX City of Rockwall, TX City of Sachse, TX
City of Stephenville, TX Town of Trophy Club, TX City of Waxahachie, TX
City of Wylie, TX Trophy Club MUD#1 Trophy Club MUD #2
Trophy Club Master District Pantego Econ. Dev. Corp. Ellis County Water District
IV. Other
Mr. Vinez is a licensed real estate broker in the state of Texas.
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Honorable Mayor and Council members
City of Wylie, Texas July 21, 2003
Attachment D - Quality uali Control Review
.
GERALD D.NELSON, P.C.
CERTIFIED PUBLIC ACCOUNTANT
3202 COUNTY ROAD 414S
CRANFILLS GAP,TEXAS 76637 WACO OFFICE
.....slon for CPA ZS4.S9S90240
L DM Firms AICPA FAX 254.97.0:41 600 W.HWY.6,SUITE 412
EMAIL:PnclsonL1sco+P.na WACO,TEXAS 76712
254-776-9206
I
March 7, 2002
p
To the Shareholders
Rutledge Crain & Company, P.C.
I have reviewed the system of quality control for the accounting and auditing
practice of Rutledge Crain & Company, P.C. (the firm) in effect for the year
ended September 30, 2001. A system of quality control encompasses the firm's
organizational structure and the policies adopted and procedures established to
provide it with reasonable assurance of conforming with professional standards.
The elements of quality control are described in the Statements on Quality
11
Control Standards issued by the American Institute of Certified Public
Accountants (AICPA) . The design of the system and compliance with it are the
responsibility of the firm. My responsibility is to express an opinion on the
design of the system, and the firm's compliance with the system based on my
review.
My review was conducted in accordance with standards established by the Peer
Review Board of the AICPA. In performing my review, I obtained an understanding
of the system of quality control for the firm's accounting and auditing practice.
In addition, I tested compliance with the firm's quality control policies and
procedures to the extent I considered appropriate. These tests covered the
application of the firm's policies and procedures on selected engagements.
Because my review was based on selective tests, it would not necessarily disclose
all weaknesses in the system of quality control or all instances of lack of
compliance with it. I
Because there are inherent limitations in the effectiveness of any system of
quality control, departures from the system may occur and not be detected. Also,
projection of any evaluation of a system of quality control to future periods is
subject to the risk that the system of quality control may become inadequate
because of changes in conditions, or because the degree of compliance with the
policies or procedures may deteriorate. 1
In my opinion, the system of quality control for the accounting and auditing
practice of Rutledge Crain & Company, P.C., in effect for the year ended
September 30, 2001, has been designed to meet the requirements of the quality
control standards for an accounting and auditing practice established by the
AICPA and was complied with during the year then ended to provide the firm with
reasonable assurance of conforming with professional standards.
GERALD D. NELSON, P.C.
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Honorable Mayor and Council members
City of Wylie,Texas July 21, 2003
Attachment E - Contractual Arrangements Certification
I hereby certify that I have read all items of the Request for Proposal and fully
understand the requirements listed herein. I further certify that I am an authorized
agent of the proposing Auditor empowered to submit the bid and authorized to sign
a contract with the City of Wylie.
oIc, 4;t/
Lewis Crain, CPA
Shareholder
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RUTLEDGE CRAIN & COMPANY, PC
CERTIFIED PUBLIC ACCOUNTANTS
2401 Garden Park Court, Suite B
Arlington, Texas 76013
August 5, 2003
Brady Sneligrove,Director of Finance
City of Wylie
2000 HWY 78N
Wylie,Texas 75098
We are pleased to confirm our understanding of the services we are to provide the City of Wylie,
Texas for the year ended September 30,2003. We will audit the financial statements of the City of
Wylie, Texas as of and for the year ended September 30, 2003. We understand that the financial
statements will be presented in accordance with the financial reporting model described in GASB
Statement No. 34. Also, the document we submit to you will include the following additional
information that will be subjected to the auditing procedures applied in our audit of the general
purpose financial statements:
1. Managements Discussion and Analysis
2. Budgetary Comparison Schedules-
3. Infrastructure Information
4. Combining Financial Statements by Fund Type
5. Individual Fund Financial Statement
6. Supporting Schedules
The document will also include the following additional information that will not be subject to the
auditing procedures applied in our audit of the financial statements,and for which our auditor's report
will disclaim an opinion.
1. Introductory Letter ,
2. Statistical Data
Audit Objective
The objective of our audit is the expression of an opinion as to whether your financial statements are
fairly presented, in all material respects, in conformity with U.S. generally accepted accounting
principles and to report on the fairness of the additional information referred to in the first paragraph
when considered in relation to the financial statements taken as a whole. Our audit will be conducted
in accordance with U.S.generally accepted auditing standards and will include tests of the accounting
Members:
Metro(817)265-9989 American Institute of Certified Public Accountants Fax(817)861-9623
Texas Society of Certified Public Accountants
City of Wylie, Texas
August 5,2003 Page 2
records and other procedures we consider necessary to enable us to express such an opinion. If our
opinion on the financial statements is other than unqualified,we will fully discuss the reasons with you
in advance. If,for any reason,we are unable to complete the audit or are unable to form or have not
formed an opinion, we may decline to express an opinion or to issue a report as a result of this
engagement.
Management Responsibilities
Management is responsible for making all financial records and related information available to us.
We understand that you will provide us with such information required for our audit and that you are
responsible for the accuracy and completeness of that information. We will advise you about
appropriate accounting principles and their application and will assist in the preparation of your
financial statements, but the responsibility for the financial statements remains with you. That
responsibility includes the establishment and maintenance of adequate records and effective internal
control over financial reporting, the selection and application of accounting principles, and the
safeguarding of assets. Management is responsible for adjusting the financial statements to correct
material misstatements and for confirming to us in the representation letter that the effects of any
uncorrected misstatements aggregated by us during the current engagement and pertaining to the
latest period presented are immaterial, both individually and in the aggregate, to the financial
statements taken as a whole.
Audit Procedures—General
An audit includes examining,on a test basis,evidence supporting the amounts and disclosures in the
financial statements;therefore,our audit will involve judgment about the number of transactions to
be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable
rather than absolute assurance about whether the financial statements are free of material
misstatement, whether from errors, fraudulent financial reporting, misappropriation of assets, or
violations of laws or governmental regulations that are attributable to the entity or to acts by
management or employees acting on behalf of the entity. Because an audit is designed to provide
reasonable,but not absolute, assurance and because we will not perform a detailed examination of
all transactions,there is a risk that material misstatements may exist and not be detected by us. In
addition, an audit is not designed to detect immaterial misstatements, or violations of laws or
governmental regulations that do not have a direct and material effect on the financial statements.
However,we will inform you of any material errors that come to our attention, and we will inform
you of any fraudulent financial reporting or misappropriation of assets that come to our attention.
We will also inform you of any violations of laws or governmental regulations that_come to our
attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period
covered by our audit and does not extend to matters that might arise during any later periods for
which we are not engaged as auditors.
Our procedures will include tests of documentary evidence supporting the transactions recorded in
the accounts,and may include tests of the physical existence of inventories, and direct confirmation
of receivables and certain other assets and liabilities by.correspondence with selected individuals,
creditors,and fmancial institutions. We will request written representations from your attorneys as
part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of
City of Wylie,Texas Page 3
August 5,2003
our audit,we will also require certain written representations from you about the financial statements
and related matters.
Identifying and ensuring that the City of Wylie,Texas complies with laws,regulations,contracts,and
agreements is the responsibility of management. As part of obtaining reasonable assurance about
whether the financial statements are free of material misstatement,we will perform tests of the City
of Wylie,Texas' compliance with applicable laws and regulations and the provisions of contracts and
agreements. However, the objective of our audit will not be to provide an opinion on overall
compliance and we will not express such an opinion.
Audit Procedures—Internal Control
In planning and performing our audits,we will consider the internal control sufficient to plan the audit
in order to determine the nature, timing, and extent of our auditing procedures for the purpose of
expressing our opinion on the City of Wylie, Texas' financial statements.
An audit is not designed to provide assurance on internal control or to identify reportable conditions.
However,we will inform the governing body or audit committee of any matters involving internal
control and its operation that we consider to be reportable conditions under standards established by
the American Institute of Certified Public Accountants. Reportable conditions involve matters
coming to our attention relating to significant deficiencies in the design or operation of the internal
control that,in our judgment,could adversely affect the entity's ability to record,process,summarize,
and report financial data consistent with the assertions of management in the financial statements.
Audit Administration,Fees, and Other
We understand that your employees will prepare all cash or other confirmations we request and will
locate any invoices selected by us for testing.
We expect to begin our audit on approximately January 26, 2004 and to issue our reports no later
than March 31, 2004. Our fee for these services will be at our standard hourly rates plus
out-of-pocket costs (such as report reproduction, typing, postage, travel, copies, telephone, etc.).
We estimate that our gross fee,including expenses,will not exceed$20,160 for the audit of the City,
$3,200 for the GASB 34 review, and $2,560 for the audit of the Wylie Economic Development
Corporation. It is our understanding that City staff will prepare the Comprehensive Annual Financial
Report (CAFR). If the City elects for us to prepare the CAFR, we estimate that this will be an
additional fee of$3,200. Our invoices for these fees will be rendered in accordance with the payment
schedule outlined in the request for porposal each month as work progresses and are payable on
presentation. In accordance with our firm policies,work may be suspended if your account becomes
thirty days or more overdue and may not be resumed until your account is paid in full. If we elect
to terminate our services for nonpayment, our engagement will be deemed to have been completed
upon written notification of termination, even if we have not completed our report. You will be
obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs
through the date of termination. The above fee is based on anticipated cooperation from your
personnel and the assumption that unexpected circumstances will not be encountered during the audit.
If significant additional time is necessary,we will discuss it with you and arrive at a new fee estimate
before we incur the additional costs.
City of Wylie, Texas
August 5, 2003 Page 4
We appreciate the opportunity to be of service to the City of Wyie, Texas' and believe this letter
accurately summarizes the significant terms of our engagement. If you have any questions,please
let us know. If you agree with the terms of our engagement as described in this letter,please sign the
enclosed copy and return it to us.
Very truly yours,
far714/$71/6s
RESPONSE:
This letter correctly sets forth the understanding of the City of Wylie, Texas.
By:
Title:
Date:
Attachment C
City of Wylie, Texas
Summary of Audit Cost Estimates by Audit Firm
Audit Firm Estimated Basic GASB 34 Prepare Single WEDC
Hours Audit Review CAFR Audit Audit Total
Rutledge Crain & Company, PC 432 20,160 3,200 3,200 2,560 2,560 31,680
Weaver &Tidwell, L.L.P. 380 25,070 6,000 5,000 2,000 1,000 39,070
WYLIE CITY COUNCIL
AGENDA ITEM NO. 7.
August 12, 2003
Issue
Consider and act upon Ordinance#2003-14, adopting new sign regulations, repealing Ordinance#2002-
27 and repealing all conflicting ordinances.
Background
Last August,the City Council adopted new sign regulations. Two issues were specifically discussed at
the council meeting regarding the new regulations. The first issue involved the appeal process. A
question arose whether the Board of Adjustment had final authority over sign variances or if someone
had a right to appeal the decision of the Board of Adjustment to the City Council. The second issue
involved directional signs for residential subdivisions. The new ordinance only allowed for directional
signs that were off-premise to be place in the public right-of-way.
The proposed ordinance attempts to resolve the two issues above as well as several other issues that staff
feels should be changed. The proposed changes are clearly shown in the attachment. New wording has
redline markings in the left margins as well as grayed text. Wording that has been deleted from the
previous ordinance is contained in a balloon in the right margin.
The issue regarding the final authority of the Board of Adjustment over sign variances has been
addressed in the proposed ordinance by appointing the Construction Code Board as the body that would
hear sign variances in the future. The applicant has the right to appeal a variance request that has been
denied by the Construction Code Board to the City Council. Utilizing the Construction Code Board for
sign variances would clarify the internal workings of variances since the Building Official acts as the staff
liaison to the Construction Board. In the past, sign variances have been handled by the Board of
Adjustment who has the Planning Director assigned as staff liaison. Since the Planning Department is
not involved in the sign ordinance—with the exception of variance requests,the proposed change would
help to smooth out the process of sign regulations and variances by allowing the Building Inspections
Department to handle all aspects of permitting as well as variance requests. Additionally, the change
should help because of the different criteria involved with granting variances to sign regulations and
zoning regulations. With zoning variances, a variance can only be granted if a hardship is proven.
Hardship is not required to be proven when granting a sign variance.
The second issue has been addressed by removing right-of-way signs altogether. No signs would be
allowed within the public right-of-way. A new section has been added, Temporary Directional Signs that
allows directional sign to be placed at key points within the City. Temporary Directional Signs would
have to be approved by the City Council and would be limited by a two year time period.
Financial Considerations
N/A
Other Considerations
N/A
Board/Commission Recommendation
N/A
Staff Recommendation
Approve the attached ordinance adopting new sign regulations.
Attachments
Copy of the new sign ordinance.
Prepared by Revi ed y Financ City Approval
ORDINANCE NO. 2003-14
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING SIGN
REGULATIONS FOR THE CITY OF WYLIE; REPEALING WYLIE
ORDINANCE NO. 2002-27; PROVIDING FOR A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING,
SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has
investigated and determined that the City of Wylie, Texas ('Wylie") should adopt Sign
Regulations as an ordinance; and
WHEREAS, the City Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Wylie to prevent
potential traffic hazards resulting from the signs' distractions and locations; and
WHEREAS, the City Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Wylie to prevent
nuisances and invitations to vandalism; and
WHEREAS, the City Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Wylie to avoid
obstructions to police and citizen views as a means of crime prevention; and
WHEREAS, the City Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Wylie to avoid
obstructions to emergency services; and
WHEREAS, the City Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Wylie to create a neat
and orderly appearance throughout Wylie; and
WHEREAS, the City Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Wylie to create a
gateway effect into commercial areas and neighboring residential areas; and
WHEREAS, the City Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Wylie to create a
means of safely identifying a place of business and the services available on the
premises without creating esthetic offenses and harm; and
WHEREAS, the City Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Wylie to support the
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general welfare of the citizens and to maintain the historically small town atmosphere
during a time of growth by providing for a means to communicate information related to
the residential community, civic activities and government; and
WHEREAS, the City Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Wylie to insure a
noncommercial atmosphere in residential areas; and
WHEREAS, the City Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Wylie to maintain
open spaces by setbacks; and
WHEREAS, the City Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Wylie to create
appropriate and orderly commercial and residential atmospheres; and
WHEREAS, the City Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Wylie to maintain the
privacy of the home and limit what an unwilling viewer must be exposed to relative to
the enjoyment of the investment made in the home; and
WHEREAS, the City Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Wylie to enhance
property values and psychological well-being for individuals and families; and
WHEREAS, Wylie has complied with all notices and public hearings as required
by law,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are
incorporated into the body of this Ordinance as if fully set forth herein.
SECTION 2: Repeal of Ordinance No. 2002-27 . Wylie Ordinance No. 2002-27
is hereby repealed. Such repeal shall not abate any pending prosecution for violation of
the repealed Ordinance No. 2002-27, nor shall the repeal prevent prosecution from
being commenced for any violation if occurring prior to the repeal of Ordinance No.
2002-27.
SECTION 3: Sign Regulations Established. This Ordinance shall apply within
the corporate limits of Wylie. The sign regulations for Wylie are attached hereto as
Exhibit "A" and incorporated as if fully set forth herein.
SECTION 4: Penalty Provision: Any person, firm, corporation or business entity
violating this Ordinance, or as amended, shall be deemed.guilty of a misdemeanor, and
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upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars
($500.00). Each continuing day's violation under this Ordinance shall constitute a
separate offense. The penal provisions imposed under this Ordinance shall not preclude
Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies
available to it pursuant to local, state and federal law.
SECTION 5: Savings/Repealing Clause: All provisions of any ordinance in
conflict with this Ordinance are hereby repealed, but such repeal shall not abate any
pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent
a prosecution from being commenced for any violation if occurring prior to the repeal of
the ordinance. Any remaining portions of said ordinance shall remain in full force and
effect.
SECTION 6: Severability: Should any section, subsection, sentence, clause or
phrase of this Ordinance be declared unconstitutional or invalid by a court of competent
jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance
shall remain in full force and effect. Wylie hereby declares that it would have passed
this Ordinance, and each section, subsection, clause or phrase thereof irrespective of
the fact that any one or more sections, subsections, sentences, clauses and phrases be
declared unconstitutional or invalid.
SECTION 7: Effective Date: This Ordinance shall become effective from and
after its adoption and publication as required by law the City Charter and by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on this 12th day of August, 2003.
John Mondy, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Date of Publication:
L:\ORDINANCES\Ordinance No.2003-14(Sign Ordinance.doc).doc Page 3
SIGN REGULATIONS
1. Intent 1
2. Definitions 2
3. Administration 7
A. Permits 7
B. Applications 7
C. Work Started Without a Permit 7
D. Permit Revocable 8
E. Nonconforming Existing Signs 8
F. Inspection 8
G. Removal of Obsolete Signs 8
H. Removal or Repair of Dilapidated or Deteriorated Signs 8
I. Removal of Illegally Erected Signs 9
J. Removal Expenses 9
K. Variances 9
4. PROHIBITED SIGNS 11
A. Signs Imitating Traffic or Emergency Signs 11
B. Portable Signs 11
C. Signs Violating other Laws or Ordinances 11
D. Signs Attached to Trees or Utility Poles 11
E. Signs on Sidewalks,Curbs,Gutters or Streets 11
F. Moving,Flashing, Revolving or Color Changing Signs 11
G. Pole Signs 11
H. Off-Premise Signs 11
I. Signs Attached to or Painted on a Fence,Wall or Railing 11
"ATTACHMENT A"
J. Skins Causing a Nuisance or Hazard Because of Illumination 11
K. Skins Advertising the Sale of a Vehicle 11
L. Signs Attached to a Vehicle 12
5. EXEMPT SIGNS 13
A. Nameplates 13
B. Building Identification/Memorial 13
C. Traffic 13
D. Signs Inside a Building 13
E. Changeable Copy 13
F. Movement Control Signs 13
G. Protective Signs 13
H. Government Signs 14
I. Holiday Lights and Decorations 14
J. Non-Illuminated Political Signs 14
K. Special Event or Public Announcement Signs 14
L. Garage Sale Signs 15
M. Home Improvement Signs 15
N. Temporary Religious Signs 16
O. Yard Signs 16
P. Zoning Signs 16
Q. Signs Held by Pedestrians 16
6. GENERAL SIGN REGULATIONS 17
A. Flags 17
B. Obscenity 17
C. Obsolete Signs 17
D. Maintenance of Signs 17
E. Wind Pressure and Dead Load Requirements 17
F. Obstructing Doors.Windows,or Fire Escapes 18
G. Placement of Advertising Matter 18
H. Signs Prohibited On or Over Public Property 18
I. Illumination of Signs 18
J. Searchlights 19
7. Attached Sign Regulations 20
A. Wall Signs 20
3. Maximum Sign Area 20
B. Secondary Attached Signs 20
C. Illumination of Attached Signs 21
D. Window Skins 21
E. Awning Signs 21
F. Projecting Signs 21
G. Canopy Sign 22
8. Monument Sign Regulations 23
A. Properties with Multiple Tenants 23
B. Properties with Single Tenants 23
C. Gasoline Pricing Signs 24
D. Material Regulations 24
E. Illumination 24
F. Model Home Signs 24
9. Other types of Signs 26
A. Menu Board Signs 26
B. Subdivision Entry Signs 26
C. Directory Signs 26
D. Institutional Signs 27
10. Temporary Sign Regulations 28
A. Development Skins 28
B. Real Estate Sign 28
C. Promotional Sionage 29
11. TEMPORARY DIRECTIONAL SIGNS 30
SIGN REGULATIONS
1. INTENT
A. Signs are an important component of the urban built environment, providing
important information, and directions to community residents and visitors.
However:
1. The uncontrolled proliferation of signs is hazardous to users of streets and
highways within the City of Wylie and will adversely affect the safety and
efficiency of the City's transportation network;and
2. Unless the location, number, setback, lighting, and size of signs are
regulated,the scattering of the signs throughout the City would be detrimental
to the preservation of scenic resources and so to the economic base of the
City; and
3. The proliferation of signs in the City has an adverse affect on adjacent
property values; and
4. The orderly and uniform regulation of signs is a substantial factor in guiding
the attractive and aesthetic development of properties in accordance with the
comprehensive plan and thereby avoiding detrimental impacts of signs on the
appearance of the City.
B. Therefore it is the intent of these regulations:
1. To protect the safety and efficiency of the City's transportation network by
reducing the confusion or distraction to motorists and enhancing the
motorist's ability to see pedestrians, obstacles, other vehicles, and traffic
signs;
2. To preserve, protect, and enhance areas of historical, architectural, cultural,
aesthetic, and economic value regardless of whether they are natural or
manmade;
3. To protect the value of adjacent and nearby properties, in particular,
residentially zoned properties from the impact of lighting, size, height,
movement, and location of signs;
4. To enhance the image of the City which is conveyed to tourists and visitors by
controlling the location, number, and size of signs;
5. To integrate sign regulations more effectively with other regulations by
establishing regulations for setbacks, height, and spacing to allow for lighting,
ventilation, and preservation of views in a manner consistent with land uses in
the various zoning districts; and
6. To preserve and enhance the appearance of the City and the public interest
in aesthetics, and to control and reduce visual clutter and blight.
CITY OF WYLIE SIGN REGULATIONS Page 1
2. DEFINITIONS
Alter means to change the size, shape or outline, or type of sign or to change the
electrical lighting, except for the replacement of lamps not brighter than the original or
the replacement of a surface panel.
Attach means to stick,tack, nail or otherwise affix a sign to any object;to paint, stencil,
write, or otherwise mark on an object.
Awning means an architectural projection that provides weather protection, identity and
decoration, and is supported by the building to which it is attached. It is composed of a
lightweight rigid or retractable skeleton structure over which a thin cover is attached
which may be of fabric or other materials, and may be illuminated.
Building means a structure which has a roof supported by columns, wall or air for the
shelter, support, or enclosure of persons,animal or chattel.
Building Official means the building official for the City of Wylie or his/her designee.
Canopy means a roof-like structure which shelters a use such as, but not restricted to,
a gasoline pump island, and is supported by either one or more columns or by the
building to which it is accessory to and is open on two or more sides.
Dilapidated or deteriorated condition means any sign:
A. Where elements of the surface or background can be seen as viewed from
the normal viewing distance (intended viewing distance), to have portions of
the finished material or paint flaked, broken off,or missing,or otherwise not in
harmony with the rest of the surface;or
B. Where the structural support or frame or sign panels are visibly bent, broken,
dented, or torn as to constitute an unsightly, hazardous or harmful condition;
or
C. Where the sign, or its elements, are twisted or leaning or at angles other than
those at which it was originally erected (such as may result from being blown
or the failure of a structural support); or
D. Where the message or wording can no longer be clearly read by a person
under normal viewing conditions; or
E. Where the sign or its elements are not in compliance with the regulations of
the National Electrical Code and/or the Uniform Building Code currently
adopted by the City.
Erect means to build, construct, attach, hang, place, suspend or affix, and shall also
include the painting of signs on the exterior surface of a building or structure.
Facing or surface means the surface of the sign upon, against or through which the
message is displayed or illustrated on the sign.
Flag means a piece of cloth, canvas, or other light fabric, usually rectangular in shape,
containing a distinctive design or message which is used as a symbol or to signal or
attract attention.
CITY OF WYLIE SIGN REGULATIONS Page 2
Illuminated sign means any sign which has characters, letters, figures, or designs
illuminated by electric lights, luminous tubes or other means that are specifically placed
to draw attention to, or to provide night time viewing of, the subject matter on the sign
face.
Incombustible material means any material which will not ignite at or below a
temperature of 1,200 degrees Fahrenheit, and will not continue to bum or glow at that
temperature.
Logo means any design or insignia of a company or product which is commonly used in
advertising to identify that company or product.
Pennant means any lightweight plastic, fabric, or other material, whether or not
containing a message of any kind, suspended from a rope, wire or string, usually in a
series,designed to move in the wind.
Premises means a lot or unplatted tract, or a combination of contiguous lots and/or
unplatted tracts of land where the lot, tract, or combination of lots and/or tracts is under
single ownership and is reflected in the plat record of the City.
Public Right-of-Way means a dedicated road or street including the easement for that
road or street.
Roof means any exterior surface of a structure that has a slope of less than 60 degrees
and shall also include the top most portion of any structure.
Searchlight means an apparatus capable of projecting a beam or beams of light in
excess of 1 million peak candlepower.
Sight Visibility Triangle means where one street intersects with another, the triangular
area formed by extending two (2) curb lines a distance of forty-five (45) feet from their
point of intersection, and connecting these points with an imaginary line,thereby making
a triangle. If there are no curbs existing, the triangular area shall be formed by
extending the property lines a distance of thirty (30) feet from their point of intersection
and connecting these points with an imaginary line thereby making a triangle. Where a
street intersects with an alley or driveway, the "sight visibility triangle" is the triangular
area formed by measuring eight(8)feet to a point along the property lines and adjoining
said points to form the hypotenuse of the triangle.
Sign means any device, flag, banner, light, figure, picture, letter word, message,
symbol, plaque, or poster visible from outside the lot on which it is located and designed
to inform or attract the attention of persons not on that lot.
Sign area means the actual area of a face of the sign, unless the sign is not of a regular
(square, rectangle, triangle, circle) shape. In the case of an irregularly-shaped sign, the
entire area within a single continuous perimeter forming the most applicable single
regular shape enclosing the extreme limits of each sign shall be the "gross surface
area." In the event two or more signs share a single structure, each sign or panel may
be considered separately for square footage purposes, except that the combined
footage of such signs cannot exceed the total square footage allowed for the sign.
Sign, Attached means any sign attached to, applied on, or supported by, any part of a
building (such as a wall, roof, window, canopy, awning, arcade, or marquee) which
CITY OF WYLIE SIGN REGULATIONS Page 3
encloses or covers usable space. Neon tubing attached directly to a wall surface shall
be considered a "wall sign" when forming a border for the subject matter, or when
directing attention to the subject matter or when forming letters, logos, or pictorial
designs.
Sign, Banner means a temporary sign composed of cloth, plastic, paper, canvas or
other light fabric.
Sign, Changeable Message means a sign whose face is designed and constructed in
a manner capable of changing messages through a system of removable characters or
panels attached to the face of the sign or changed by electronic means.
Sign, Development means a temporary on-site sign providing identification or
information pertaining to a residential or commercial development and may include the
builder, property owner, architect, contractor, engineer, landscape architect, decorator,
or mortgagee, within that development, but shall not include a subdivision marketing
sign.
Sign, Directional means any on-site sign to direct the public to entrances, exits and
services located on the property on which the sign is located.
Sign, Directory means any sign listing occupants within shopping centers, industrial
sites, retail districts, office districts and commercial sites.
Sign, Garage sale means any temporary, on-site Promotional Sign for the sale of
personal household goods in a residential zoning district or on the property of a
nonprofit organization.
Skin, Home Improvement means any temporary, on-site skin that displays the name
of a roofing,fence, pool painting, landscape or other home improvement contractor.
Sign, Incidental means any sign containing information incidental to the operation of
the business such as but not limited to hours of operation, accepted credit cards and
parking information.
Sign,Inflatable means any hollow sign expanded or enlarged by the use of air or gas.
Sign, Menu Board means a permanent on-site sign that displays a menu and pricing
for food services and may include an audible speaker and microphone integral to the
sign.
Sign, Model Home means any sign identifying a new home, either furnished or
unfurnished, as being a builder's or contractor's model open to the public for inspection.
Sign, Movement Control means a sign providing direction or traffic flow information for
persons or vehicles located the same premises as the sign. Movement Control Signs
shall not advertise or otherwise draw attention to the premises, an individual, business,
commodity, service, activity or product.
Sign, Municipally-Owned means any sign that identifies a park, entrance to the City,
place of interest within the City, any City sponsored event or any municipally-owned
facility and is erected by or at the direction of a City official. A municipally-owned sign
does not include traffic or street identification signs.
CITY OF WYLIE SIGN REGULATIONS Page 4
Sign, Monument means any detached sign made from masonry, concrete materials,
wood or plastic provided that a masonry or metal base is incorporated into the sign,with
no separation between the base of the sign and grade.
Sign,Obsolete means any sign that no longer serves a bona fide use or purpose.
Sign, Off-Premise means a sign displaying advertising copy that pertains to a
business, person, organization, activity, event, place, service or product not principally
located or primarily manufactured or sold on the lot on which the sign is located.
Sign, Pole means any sign erected on a vertical framework consisting of one or more
uprights supported by the ground and where there is a physical separation between the
base of the sign and the ground.
Sign, Political means a temporary sign relating to the election of a person to public
office, relating to a political party, or relating to a matter or measure to be voted on at an
election called by a public body.
Sign, Portable means a sign that is not securely connected to the ground in such a way
that it cannot easily be moved from one location to another and is not a vehicular sign.
Sign, Proiectinq means any sign which is attached to and supported by a building and
which projects outward from the building and contains lettering or graphics which
convey a message.
Sign, Promotional means any type of temporary sign used for special promotions
including, but not limited to, grand openings, anniversary celebrations, sales, and other
such events. Promotional signs include, but are not limited to, banners, pennants,
streamers, balloons,flags, bunting, inflatable signs and other similar signs.
Sign, Protective means signs that identify or warn of any security devices located on
the premises, including guard dogs.
Sign, Reader board means any sign comprised of changeable letters that allows a
change of sign copy by adding or removing letters. The sign copy shall conform to the
category use of the sign allowed by this Ordinance.
Sign, Real Estate means any on-site temporary sign pertaining to the sale or rental of
property and advertising property only for the use for which it is legally zoned.
Sign, Secondary means a sign that is mounted to or that projects from a canopy or
secondary roof over an entry to a building, but that does not proiect above the highest
point of the building.
Sign,Subdivision means a sign that identifies the name of the subdivision only.
Sign, Temporary Religious means a sign that advertises the name of and provides
direction to a religious organization or group that is temporarily operating in a school or
other facility.
Sign, Window means any sign, banner, poster or display located on the internal or
external surface of the window of any establishment for the purpose of advertising
services, products or sales available within such establishment or which announces the
opening of such establishment.
CITY OF WYLIE SIGN REGULATIONS Page 5
Sign. Yard mean any sign that publicizes the arrival of a newborn, a birthday, a
personal special event or the participation of a family member in a school activity or
sport. Yard skins shall also include skins that advertise the presence of a home
security system.
Sign Support means any pole, post, strut, cable or other structural fixture or framework
necessary to hold and secure a sign, providing that said fixture or framework is not
imprinted with any picture, symbol or word using characters in excess of one inch (1")
in height, nor is internally or decoratively illuminated.
Sign, Vehicular means any sign on a vehicle parked temporarily, incidental to its
principal use for transportation. This definition shall not include signs being transported
to a site for permanent erection.
Sign. Zoning means any sign erected by the City of Wylie Planning and Zoning
Department to publicize the request for zoning or rezoning of a property.
Sign Setback means the horizontal distance between a sign and the front or side
property line, as measured from that part of the sign, including its extremities and
supports, nearest to any point on any imaginary vertical plane projecting vertically from
the front or side property line.
Wall means any exterior surface of a structure that has a slope of 60 degrees or more.
Zoning District, Non-Residential means any zoning district designated by the Zoning
Ordinance of the City of Wylie as NS,CR, BP, CC, I, PD, FP, DTH.
Zoning District, Residential means any zoning district designated by the Zoning
Ordinance of the City of Wylie as AG/28, SF-1A/26, SF-30/24, SF-20/21, SF-10/19, SF-
8.5/17, TH/15, MF, MH.
CITY OF WYLIE SIGN REGULATIONS Page 6
3. ADMINISTRATION
The provisions of this Ordinance shall be administered by the Building Official.
A. Permits
1. No sign shall be erected, constructed, relocated, altered, repaired or
maintained except as provided in this Ordinance until a permit for such has
been issued by the City of Wylie and the fee paid, except as otherwise
provided in this Ordinance. Permit fees are contained in Appendix A of the
Code of Ordinances.
2. A permit for a sign, shall expire if the work is not commenced within ninety
(90)days from the date of such permit.
3. Electrical permit: Where signs contain electrical wiring and connections,
an electrical permit must also be obtained in addition to the permit for the
sign. No sign shall be erected in violation of the City's electrical code.
4. Not to Issue to Persons Previously Failing to Pay Fees: The City shall
not issue a permit under the provisions of this Ordinance to any person,
business, entity, organization or activity who has previously failed or refused
to pay any fees or costs assessed against him under the provisions of this
Ordinance.
5. Easements: No sign shall be located in any easement other than a
landscape easement.
B. Applications
All applications for permits shall include each of the following:
1. A completed permit application.
2. A drawing of the proposed sign and all existing signs maintained on the lot
and visible from the right-of-way.
3. A drawing of the lot plan or building facade indicating the proposed location
of the sign, and specifications.
C. Work Started Without a Permit
No sign requiring a permit may be erected or installed without first having a
permit. If any work for which a permit is required by this Ordinance has been
commenced without first obtaining a permit the following shall apply:
1. Investigation. A special investigation to determine compliance shall be
made before a permit may be issued for the work.
2. Investigation Fee. In addition to the permit fee, an investigation fee shall be
collected whether or not a permit is then or subsequently issued. The
investigation fee shall be equal to the amount of the permit fee required by
this City. The payment of the investigation fee shall not exempt any person
from compliance with all other provisions of this Ordinance nor from any
other penalty prescribed by law.
CITY OF WYLIE SIGN REGULATIONS Page 7
D. Permit Revocable
1. The City may suspend or revoke any permit issued under the provisions of
this Ordinance whenever it shall be determined that the permit is issued:
a. in error; or
b. on the basis of incorrect or false information supplied; or
c. in violation of any of the provisions of this Ordinance; or
d. in violation any other Ordinance of this City or laws of this State or the
Federal government.
2. The suspension or revocation shall be effective when communicated in
writing to the person to whom the permit is issued, the sign owner, or to the
property owner upon who's property the sign is located.
3. Any signs installed or existing under a revoked permit shall be removed by
the permit holder, sign owner, or property owner within ten (10) days of
written notice of the revocation.
E. Nonconforming Existing Signs
Anv nonconforming sign and its supporting structure, which is destroyed,
damaged, dilapidated or deteriorated, shall not be replaced, repaired or
renovated, in whole or in part, if such replacement, repair or renovation would
require an expenditure of monies in excess of sixty percent(60%) of the cost of a
new sign, including its supporting structure, which is substantially the same or
similar to the nonconforminq sign destroyed, damaged, dilapidated or
deteriorated. Temporary permits granted prior to the passage of this Ordinance Deleted:Every sign lawfully in
shall be renewed onlyif the applicant complies with allprovisions of this existence on the date of passage of
PP P this Ordinance may be repaired
Ordinance. without applying for a permit
hereunder,but no such sign or sign
F. Inspection facing shall be altered or moved
unless a permit be issued pursuant to
The City may inspect annually, or at such other times as he deems necessary, the provisions of this Ordinance.In
each sign regulated by this Ordinance for the purpose of ascertaining whether the case where a sign facing is being
the same complies with provisions of this Ordinance is secure or insecure, replaced for the same business,a
permit is not required.
whether it still serves a useful purpose, and whether it is in need of removal or
repair.
G. Removal of Obsolete Signs
Any sign which the City determines no longer serves a bona fide use or does not
conform to this Ordinance shall be removed by the owner, agent or person
having the beneficial use of the land, buildings or structure upon which the sign is
located within ten (10)days after written notification to do so from the City.
H. Removal or Repair of Dilapidated or Deteriorated Signs
If the City shall determine that any sign exists in a dilapidated or deteriorated
condition, or is a menace to the public, he shall give written notice to the person
or persons responsible for the sign. The permit holder, owner, agent or person
having the beneficial use of the premises shall remove or repair the sign within
ten (10) days after the notice. The City may remove or have removed, without
CITY OF WYLIE SIGN REGULATIONS Page 8
notice, and assess the owner for the costs, any sign which is an immediate peril
to persons or property.
Removal of Illegally Erected Signs
Any temporary sign that is erected, constructed or otherwise displayed,which the
City determines to be in violation of this Ordinance, may be removed by City
personnel. Any such sign removed by City personnel may be held for a period of
seventy-two (72) hours and upon expiration of the time may be disposed. The
City is not required to notify the permit holder or owner of the sign that it has
been picked up or that disposal of the sign is imminent.
For permanent signs, the sign must be removed by the permit holder, owner of
the sign, or owner of the property on which the sign is located within a
reasonable time period as determined by the City. Upon failure to comply with
the notice or to file an appeal of the decision in accordance with this Ordinance,
the City is authorized to cause the removal of the sign and assess the permit
holder, owner of the sign and/or owner of the property for the costs of removal.
J. Removal Expenses
Any sign required to be removed by the City, shall be removed by the permit
holder, sign owner, or property owner within ten (10) days after written
notification to do so. Upon failure to comply with the notice,the City is may enter
upon the property upon which the sign is located, and to cause the removal of
the sign. The owner of the land, building or structure to which the sign is attached
and upon which it is erected and the owner of the sign and the holder of the sign
permit are jointly and severally liable for any expense incident to removal.
K. Variances s Deleted:Appeals
1. Variances to the provisions of this Ordinance shall be heard by the -- Deleted:Appeals
.Construction Code Board. A simple majority vote of the board in favor of the _---- Deleted:Zoning Board of
variance will be required to approve any variance request. in.order to 1 Adjustment
approve a request for a variance, the Construction Code Board shall ---i Deleted:No proof of hardship is
determine that the request meets three (3)of the following four(4)criteria: required in order for the Zoning Board
of Adjustment to grant any variance.
If considering a variance request,the
Zoning Board of Adjustment shall also
a. The proposed skin shall not adversely impact the adjacent property comply with the following
(visibility,size, location, etc.);
b. The proposed sign does not conflict with the spirit of this Ordinance,
which is one of providing public safety, open space and air, preservation
and enhancement of the appearance of the City and protection of
property values;
c. The variance is needed due to restricted area, shape, topography or
physical features that are unique to the property on which the proposed
sign would be located;
d. The proposed sign is of a unique design or configuration.
CITY OF WYLIE SIGN REGULATIONS Page 9
2. Should the Construction Code Board deny a request for a variance, the
applicant may appeal the request to the City Council, provided that, such
appeal is made within thirty (30) days of the date the Construction Code
Board denied the variance. A vote of three-fourths (3/4) of the full
membership of the City Council is required to approve the appeal. The
decision of the City Council is final.
A variance from this Ordinance is valid onlyif apermit is secured within ---f Deleted:al._The Board shall
�. .consider as criteria for granting a
ninety(90)days from the date of the Board's or the Council's decision. I variance such factors as the type of
sign,the location,existence of signs
4. Each applicant shall pay a fee of one-hundred fifty dollars ($150.00) before in the general area,and such other
factors as they deem pertinent.¶
the Construction Code Board shall hear any variance request. 2._No variance shall be granted by
the Board if the same conflicts with
Exception: No variance fee shall be required for any variance the spirit of this Ordinance,which is
requested by any applicant that the Building Official determines to be a i one of providing public safety,
adequate lighting provisions,open
bonafide non-profit organization. space and air,conservation of land,
protection of property values,and
5. All variance requests shall be made to the Building Official. encouraging the highest and best use
of the land.¶
3._In considering the request for
variation to regulations of this
Ordinance,the Zoning Board of
Adjustment shall consider,but not be
limited to,¶
a._the degree of variance,¶
b._the reason for variance requested,1
c._the location of the variance
request,¶
d..the duration of the requested
variance,¶
e._the effect on public safety,¶
f._the protection of neighborhood
property,¶
g._the degree of property hardship or
injustice involved,and¶
h._the effect of the variance on the
stated purposes for regulating signs
with the City.¶
4._The decision of the Zoning Board
of Adjustment shall be final.¶
I Formatted:Centered
CITY OF WYLIE SIGN REGULATIONS Page 10
4. PROHIBITED SIGNS
Any sign which is not specifically permitted by this Ordinance shall be prohibited. The
following types of signs are expressly prohibited within the City of Wylie:
A. Signs Imitating Traffic or Emergency Signs
Signs may not contain any combination of forms, words, colors, or lights, which
imitate standard public traffic regulatory, emergency signs,or signals.
B. Portable Signs
Portable signs unless specifically allowed by this ordinance (see Section 4. E.).
C. Signs Violating other Laws or Ordinances
Signs erected in violation of any ordinance adopted by the City of Wylie or any
state or federal law. (e.g. traffic visibility requirements, zoning, building code, or
electrical code).
D. Signs Attached to Trees or Utility Poles
Signs attached to, painted or maintained upon any tree or public utility pole or
public utility structure.
E. Signs on Sidewalks,Curbs,Gutters or Streets
Signs attached to or painted on any sidewalk, curb, gutter, or street (except
street address numbers).
F. Moving, Flashing, Revolving or Color Changing Signs
Signs that move, flash light intermittently, change color or revolve, unless
specifically allowed in this Ordinance.
G. Pole Signs
Pole signs and flag poles unless specifically allowed by this Ordinance (see
Sections 4.A. and 8.).
H. Off-Premise Signs
Off-Premise signs (except for signs allowed under Sections 3. F. 11. and 9.).
I. Signs Attached to or Painted on a Fence,Wall or Railing
Signs attached to or painted on the outside of a fence, wall or railing (except for
signs allowed under Section 3. F. 1.).
Exception: Signs identifying the manufacturer of a fence or similar
product, provided that the sign does not exceed 1'/square feet.
J. Signs Causing a Nuisance or Hazard Because of Illumination
Signs illuminated to an intensity to cause glare or brightness to a degree that
could constitute a safety hazard or nuisance.
K. Signs Advertising the Sale of a Vehicle
Signs attached to a vehicle advertising the sale of the vehicle where the vehicle
is parked in such a way that the sign informs or attracts the attention of persons
using the public right-of-way. Vehicles legally parked at one location, with for
CITY OF WYLIE SIGN REGULATIONS Page 11
sale signs visible from the right-of-way for two (2) hours or more, shall be prima
fade evidence of non-compliance with this Section.
Exception: A maximum of two (2)vehicles may be parked at the vehicle
owner's residence, or on the street adjacent to the residence advertising,
the sale of the vehicles provided that the vehicles are registered to the
person residing at the residence.
L. Signs Attached to a Vehicle
Signs placed on or affixed to vehicles and/or trailers that are parked on a public
right-of-way, public property, or private property so as to be visible from a public
right-of-way where the apparent purpose is to advertise a product or direct
people to a business or activity located on the same or nearby property shall be
prohibited. However, this is not in any way intended to prohibit signs placed on
or affixed to vehicles and trailers, such as lettering on motor vehicles, where the
sign is incidental to the primary use of the vehicle or trailer.
CITY OF WYLIE SIGN REGULATIONS Page 12
5. EXEMPT SIGNS
A permit shall not be required for the following signs, provided however, such signs
shall otherwise comply with all other applicable sections of this Ordinance.
A. Nameplates
Nameplates, or signs reflecting the name of a building or structure (i.e., a fence)
or the name of the company that built or designed the building or structure, not
exceeding one square foot in area.
B. Building Identification/Memorial
Memorial signs or tablets, names of buildings and date of erection, when cut into
any masonry surface or when constructed of bronze or other incombustible
materials.
C. Traffic
Traffic or street signs, legal notices, railroad crossing signs, danger, and
emergency, temporary or non-advertising signs as may be approved by the City
Council or the City Manager or his authorized representative.
D. Signs Inside a Building
Signs located inside a building and which are not displayed so as to be visible
from outside the building. Signs located in covered mall buildings shall comply
with the current building code and electrical code.
E. Changeable Copy
Copy change only for previously permitted signs designed to provide a
changeable copy area.
F. Movement Control Signs
Movement Control Signs may be erected at any occupancy or any lot, other than
single family or duplex premises, may be attached or detached and may be
erected without limits as to number; provided that such signs shall comply with all
other applicable regulations of this Ordinance. Movement Control Signs shall be
premise signs only. The occupant of a premise who erects a Movement Control
Sign shall comply with the following regulations:
1. Each sign must not exceed five(5) square feet in effective area.
2. If a sign is an attached sign, as defined, the words must not exceed six
inches (6")in height.
3. Each sign must convey a bona fide message which directs vehicular or
pedestrian movement within or onto the lot on which the sign is located.
G. Protective Signs
The occupant of a premise may erect a maximum of two (2) Protective Signs, in
accordance with the following regulations:
1. Each sign must not exceed six(6)square feet in effective area.
2. Detached signs must not exceed three feet(3) in height.
CITY OF WYLIE SIGN REGULATIONS Page 13
H. Government Signs
,. _. Flags, insignia, legal notices, or informational, directional or traffic signs which
are legally required or necessary to the essential functions of government
agencies and decorative displays for holidays or public demonstrations which do
not contain advertising and are not used as such.
Holiday Lights and Decorations
Temporary lights and holiday decorations displayed ninety (90) days or less shall
be exempt from the terms of this ordinance.
J. Non-Illuminated Political Signs
1. With the permission of the property owner or tenant, non-illuminated political
signs may be erected in any zoning district with no limitation as to their
number. On lots where a sidewalk exists within the street right-of-way,signs
shall be located between the sidewalk and the structure- but no closer than
three feet(3)from the sidewalk. On lots where no sidewalk exists within the
street right-of-way, the sign shall be located at least ten feet (10) from the
edge of the street.
2. Political Signs that are located on developed residential property or in a
developed subdivision zoned Residential shall not exceed nine (9) square
feet in effective area per side.
3. Signs erected on property zoned Non-Residential or undeveloped
residentially zoned property shall not exceed thirty-two (32) square feet in
effective area per side.
4. Political Signs shall not exceed six feet(6) in height.
5. Political Signs shall not be placed within the public right-of-way (except as
allowed in Section 9).
6. The candidate, his campaign treasurer or assistant campaign treasurer or
the campaign treasurer of a political committee shall be responsible for the
erection and removal of the Political Signs or advertisements and for
compliance with the provisions of this Ordinance and the laws of the State of
Texas.
7. Political Signs shall not be affixed to utility poles or official signs (e.g.
street signs or speed limit signs).
8. Political Signs shall not be erected earlier than thirty (30) days prior to the
election that the sign pertains and must be removed within fourteen (14)
days after the election.
K. Special Event or Public Announcement Signs
Signs providing public information concerning special events, bazaars, rallies, or
other similar activities sponsored by non-profit organizations including charitable,
religious, philanthropic, educational, or civic institutions with the following
regulations:
CITY OF WYLIE SIGN REGULATIONS Page 14
1. Signs must be located on private property and the organization must have
permission from the property owner to place the sign on their property.
(Signs of this type can be off-premise signs and are exempt from Section 4
(h)).
2. The maximum sign area is thirty-two(32)square feet.
3. The maximum height is six feet(6').
4. A maximum of six (6) off-premise signs in the City advertising the non-profit
organization function.
5. The advertised function must occur within the corporate limits of the City of
Wylie, its ETJ, or an adjacent municipality and be sponsored by a non-profit
organization located within the City of Wylie.
6. Signs shall not be located on a residential premise.
L. Garage Sale Skins
1. Garage sale signs shall not be erected earlier than noon the Thursday
before the sale and must be removed no later than 6:00 p.m. the Sunday
following the sale.
2. Garage sale signs shall be located only on private property with the consent
of the property owner.
3. On lots where a sidewalk exists within the street right-of-way, signs shall be
located between the sidewalk and the structure - but no closer than three
feet (3') from the sidewalk. On lots where no sidewalk exists within the
street right-of-way, the sign shall be located at least ten feet (10') from the
edge of the street.
4. Garage sale signs shall not exceed six(6) square feet in area.
M. Home Improvement Signs
1. Home improvement signs may be erected that display the name of a roofing,
fence, pool, landscape or other home improvement contractor.
2. A home improvement sign is allowed only on the lot on which the
improvement is occurring.
3. On lots where a sidewalk exists within the street right-of-way, signs shall be
located between the sidewalk and the structure - but no closer than three
feet (3) from the sidewalk. On lots where no sidewalk exists within the
street right-of-way, the sign shall be located at least ten feet (10') from the
edge of the street.
4. The home improvement sign must be removed thirty (30) days after it is
erected or upon the completion of the work,whichever occurs first.
5. Home improvement signs shall not exceed six (6)square feet in area.
6. A maximum of one home improvement sign shall be allowed on the lot at
any one time.
CITY OF WYLIE SIGN REGULATIONS Page 15
N. Temporary Religious Signs
1. Temporary religious signs may be erected during times of worship provided
the sign is placed no earlier than two (2) hours prior to worship and is
removed no later than two(2) hours after worship.
2. Signs shall be located only on private property with the consent of the
property owner.
3. On lots where a sidewalk exists within the street right-of-way, signs shall be
located between the sidewalk and the structure - but no closer than three
feet (3') from the sidewalk. On lots where no sidewalk exists within the
street right-of-way, the sign shall be located at least ten feet (10) from the
edge of the street.
4. Signs shall not exceed six(6)square feet in area.
O. Yard Signs
1. Signs shall be located only on lots containing an occupied single-family,two-
family or multi-family dwelling.
2. On lots where a sidewalk exists within the street right-of-way, signs shall be
located between the sidewalk and the structure - but no closer than three
feet (3') from the sidewalk. On lots where no sidewalk exists within the
street right-of-way, the sign shall be located at least ten feet (10) from the
edge of the street.
3. Signs shall not exceed six (6) square feet in area for all signs other than
home security signs which shall not exceed one (1)square foot in area.
P. Zoning Signs
1. On lots where a sidewalk exists within the street right-of-way, signs shall be
located between the sidewalk and the structure - but no closer than three
feet (3') from the sidewalk. On lots where no sidewalk exists within the
street right-of-way, the sign shall be located at least ten feet (10) from the
edge of the street.
2. Signs shall not exceed six(6)square feet in area.
Q. Signs Held by Pedestrians
1. Any sign held or carried by a person that is6+ located on the property where
the event or activity that the sign advertises occurs.
CITY OF WYLIE SIGN REGULATIONS Page 16
6. GENERAL SIGN REGULATIONS
A. Flags
All flags shall conform to the following regulations:
1. Nothing in this Ordinance shall be construed to prevent the display of the
United States,Texas, County or Wylie flag. No permit or permit fee is
required.
2. Businesses may erect one corporate flag and flag pole, per location,for a
bona fide company or corporate office located within the City of Wylie. A
sign permit and permit fee is required.
a. Setback Requirements-Flag poles must be located at least 15 feet
from any property line.
b. Maximum Height
i. Residential-Twenty-five feet(25')
ii. Commercial-Thirty-five feet(35')
3. No flag or flag pole may be located within any easement.
B. Obscenity
No person shall display on any sign any obscene or indecent matter as defined
by the Texas Penal Code, or any matter soliciting or promoting unlawful conduct.
Any sign which does contain any obscene indecent or immoral matter must be
removed or the obscene, indecent or immoral matter must be removed within
twenty-four (24) hours of notice. The owner or person in control of the property
on which the sign is located shall be responsible for compliance with this Section.
C. Obsolete Signs
All signs relating to a product no longer available for purchase by the public and
"""` all signs relating to a business which has closed or moved away shall be
removed or the advertising copy shall be removed. Painted wall signs shall be
painted over with a color that resembles or matches the wall and does not allow
the sign message to be visible after overpainting. The owner of the property on
which the sign is located shall be responsible to remove the sign within thirty (30)
days of obsolescence.
D. Maintenance of Signs
All signs shall be maintained in good condition. Signs which are damaged in any
way, rusty or have peeling paint do not meet minimum maintenance criteria and
shall be brought into compliance, or the sign must be removed, no later than the
tenth (10th) day after written notice of such violation is sent to the property owner
via certified mail. The owner of the property on which the sign is located shall be
responsible for compliance with this subsection.
E. Wind Pressure and Dead Load Requirements
All signs shall be designed and constructed to withstand a wind pressure of not
less than 30 pounds per square foot of area, and shall be constructed to receive
dead loads as required by the building code of the City of Wylie.
CITY OF WYLIE SIGN REGULATIONS Page 17
F. Obstructing Doors,Windows,or Fire Escapes
It shall be unlawful to erect, relocate, or maintain a sign in any manner that
prevents free ingress to or egress from any door, window or fire escape, or to
attach any sign to a standpipe or fire escape.
G. Placement of Advertising Matter
1. No person shall place on or suspend from any building, light fixture, pole,
structure, sidewalk, parkway, driveway or parking area, any goods, wares,
merchandise or other advertising object or structure for the purpose of
advertising such items other than a sign, as defined, regulated and
prescribed by this Ordinance, except as otherwise allowed by this Ordinance
or another ordinance.
2. No person, firm, corporation or association of persons shall paste, stick,
tack, nail or otherwise place any advertisement, handbill, placard, printed,
pictured or written matter or thing for political advertising or other advertising
purposes upon any fence, railing, sidewalk or public telephone, electric or
other utility pole, or any other public property, including trees thereon or to
knowingly cause or to permit the same to be done for his benefit.
3. It shall be unlawful for any person to scatter or throw any handbills, circulars,
cards, tear sheets or any other advertising device of any description, along
or upon any street or sidewalk in the City of Wylie.
H. Signs Prohibited On or Over Public Property
No portion of any sign shall be erected on or over public property, or in the right-
of-way of any thoroughfare within the City, unless the same is erected by the
City, or with the permission of the City for public purposes, except for Projecting
Signs in the Downtown Historic District meeting regulations in Section 5. E.
Illumination of Signs
1. No sign shall be illuminated to such an intensity or in such a manner as to
cause a glare or brightness to a degree that it constitutes a hazard or
nuisance.
2. Moving, flashing, changing color, beacons, revolving or similarly constructed
signs shall not be allowed, except for electronic signs showing time and
temperature.
3. Sign illumination may only alternate on and off at a rate equal to or less than
twice an hour, excluding time and temperature signs.
4. A sign in a residential district, where allowed by this Ordinance, may be
illuminated. Any illumination shall be located so as not to produce intense
glare or direct illumination across the bounding property line. Internal
illumination shall not exceed 40 watts per every 25 square feet or any
portion thereof of the sign face.
CITY OF WYLIE SIGN REGULATIONS Page 18
J. Searchlights
Searchlights may be permitted in accordance with any applicable regulations. A
permit for use of an advertising searchlight may be granted under the following
additional regulations:
1. A searchlight shall be located a minimum distance of 50 feet from a public
right-of-way and positioned so as to project all beams at a minimum angle of
30 degrees from grade level.
2. The maximum light intensity generated by searchlights on any premises
may not exceed a total of 1.6 million foot candlepower. No more than four
beams of light may be projected from any premises.
3. All searchlights must be designed and maintained so as to prevent beam
rays of light from being directed at any portion of the rights-of-way or
adjoining property, and no light shall be of such intensity or brilliance to
cause glare to or impair the vision of the driver of any vehicle, or to create
greater than 0.5 foot candles at 4 feet height at the property line.
4. No advertising searchlight may be operated between the hours of 11:00
p.m. and 7:00 a.m.
5. No advertising searchlight may be operated on a premises for more than
seven consecutive days. No permit for an advertising searchlight may be
issued for any business entity for which a permit has been issued for a
searchlight on the same premises within the six months preceding the date
of the permit application.
•
CITY OF WYLIE SIGN REGULATIONS Page 19
7. ATTACHED SIGN REGULATIONS
Unless otherwise specifically provided, the regulations set forth in this Section shall be
applicable to all attached signs that are allowed under this Ordinance.
A. Wall Skins
1. Where Allowed. Wall signs shall be limited to buildings located in a non-
residential zoning district or to churches, apartments,schools and other non-
residential uses, with the exception of model homes, located within a
residentially zoned district.
2. Installation Requirements. All signs and their words shall be mounted
parallel to the building surface to which they are attached, and shall project
no more than twelve inches (12') from that surface, except for Projecting
,signs as allowed in Sections 7. E. Wall signs shall not extend above the -- Deleted:and Marquee J
wall or building surface to which the sign is attached. Banner signs shall not
---------------------
be utilized as permanent wall signs, but only as Promotional Signs as
allowed in Section 10 C.
3. Maximum Sign Area
a. Wall signs shall not exceed the following area schedules: Deleted:Attached
ill. An attached sign located at a height of thirty-six feet(36') or less
is limited to 1 square feet of sign area for each lineal foot of -----{Deleted:0.75
building frontage for a single tenant building, or lease space
frontage in a multiple tenant building, not to exceed three
hundred (450) square feet. `Deleted:30o —
21. An attached sign located above a height of thirty-six feet (36')
shall be permitted an increase in maximum effective area. Such
increases shall not exceed four (4) square feet in effective area
for each additional one foot (1') of height above thirty-six feet
(36') measured from the base of the sign. Signs may be
increased hereunder to a maximum size of four hundred (600) ------{Deleted:400
square feet.
M. Attached signs may be located on any facade except for signs
located on the side or rear wall of a building where the sign
would face an adjacent residential zoning district. The sum of
the effective area of all attached signs shall not exceed the
allowable effective area specified in paragraphs a. or b. above,
whichever paragraph is applicable. Skins on a single facade
shall exceed the sign area allowed in paragraph (1). above.
B. Secondary Attached Skins
One secondary roof sign shall be allowed for each building. The size of the
secondary roof sign shall be limited by the maximum size allowed in paragraph
CITY OF WYLIE SIGN REGULATIONS Page 20
A. above. The size of all wall skins shall be added to the size of the secondary
roof sign to determine the total amount of sign area.
C. Illumination of Attached Signs
•
Attached Signs may only be illuminated utilizing internal lighting. Exterior letters
with exposed neon lighting are allowed.
D. Window Signs
Window signs do not require a permit or a permit fee. Window Signs must meet
the following regulations.
1. Window Signs must not obscure more than 25 percent of the window area
per facade.
2. The sign area shall be measured by drawing a rectangular or square box
around the sign elements, then multiplying the height by the width. For
signs whose shape is irregular, the box must enclose all elements of the
sign.
3. No illuminated Window Signs shall be allowed within two feet of the window 1 Deleted:E.-Projecting Signs'
surface, except for open/closed signs. Projecting Signs means any sign,
except an Awning,which projects
E. Awning Signs perpendicularly from a building and
which has one end attached to a
Awning Sign means any awning displaying a business name or logo. Awning : building or other permanent structure.
Signs must meet the following regulations. Projecting Signs must meet the
I following regulations.'
1. An Awning may extend the full length of the wall of the building to which it is ;1 His oric Distd rict(DiTH)¶ owntown
attached and shall be no more than six feet in height and shall not be placed 2..The maximum sign area for a
less than 8 feet above the sidewalk. Projecting Sign 4 square feet per
sign face.Projecting Signs may not
2. Artwork or copy on Awning Signs shall be limited to a business name and/or from build ng fac than 3 e and shell measured
logo. be closer than two feet from the back
of the curb line.'
3. The artwork or copy for an Awning Sign shall not exceed 20 percent of the must oaf eatstt 12 feeroabovvethegn
area of the Awning and shall extend for no more than 60 percent of the - I sidewalk.¶
length of the Awning. I 4..Projecting Signs shall be
j compatible in design,shape,and
E. Projecting Signs material with the architectural and
historic character of the building they
1. Signs Shall be constructed of noncombustible material. project from.¶
2. Signs shall be limited to 50 percent of the area of the vertical surface of ; Deleted:Marquee Sign means any
each face of the marquee. 'permanent structure which is
attached to and supported by a
3. ,Signs shall not protect more than three feet(3'), measured from the buildinq from theng andbuilding which and nts outward
• I from contains
face and shall not be closer than two feet(2')from the back of the curb line. lettering or graphics wnich coHuey a
message.Marquee Signs must meet
4. Skins shall be at least 8 feet above the sidewalk. the following regulations.
1..Marquee signs are allowed only in
5. Signs may be illuminated. the Downtown Historic District(DTH).¶
2
6. Signs shall be compatible in design, shape, and material with the Deleted:shall be built as an integral
architectural and historic character of the building. part of the marquee and
Deleted:The marquee on which
7. Skins shall not exceed sixteen (16)square feet per sign face. ! Marquee Signs are attached shall not
have a vertical height of more than six
feet nor exceed 75 percent of the
width of the building or store frontage
CITY OF WYLIE SIGN REGULATIONS Page 21
G. Canopy Sign
Canopy Sign means any canopy displaying a business name or logo. Canopy
Signs must meet the following regulations.
1. A Canopy Sign may be attached to, or be an integral part of the face of a
canopy.
2. A Canopy Sign may consist of only the name and/or logo of the business at
the location of the canopy.
3. The artwork or copy on a Canopy Sign shall not exceed ten percent of the
face of the canopy, or a maximum of twenty-five (25) square feet, whichever
is greater.
4. An illuminated stripe may be incorporated into a canopy. The stripe may
extend along the entire length of the face of the canopy. The width or
thickness of the stripe shall be limited to one-third of the vertical dimension
of the face of the canopy. The internal illumination of a canopy is limited to
the portions of the canopy face on which a sign or stripe is permitted.
CITY OF WYLIE SIGN REGULATIONS Page 22
8. MONUMENT SIGN REGULATIONS
All Monument Signs shall be compatible with the colors and materials of the building
that is located on the same lot as the sign. Sculpted aluminum sign panels will be
allowed; however, plastic panel signs are not allowed to be utilized on Monument Signs.
Additional monument sign regulations are as follows:
A. Properties with Multiple Tenants
Shopping centers and office buildings with multiple tenants are permitted to erect
Monument Signs that comply with the following regulations:
1. Maximum size- 150 square feet
2. Maximum height- 10 feet measured from grade.
3. Setbacks
a. 15 feet from street right-of-way.
b. 1 feet from roe lines other than those propertylines frontingthe •--i Deleted`4°
-�------- ----- P -p -� � .,,
street right-of-way.
c. 250 feet from any other Monument Sign on the same property,
measured along the right-of-way.
4. Changeable Message Signs. Monument Signs may include a maximum
area of thirty-two (32)square feet that incorporates changeable messages
or lettering, as defined, in the sign face. Such messages shall not blink,
flash,scroll or change more than once per hour with the exception of signs
that only display the time and temperature.
B. Properties with Single Tenants
Businesses located on individually platted land including individual pad sites
within a shopping center, apartments, schools, model homes and other non-
residential uses located on residentially zoned property are permitted to erect
Monument Signs that comply with the following regulations:
1. Maximum size-90 square feet
2. Maximum height- 10 feet
3. Setbacks
a. 15 feet from street right-of-way.
b. 15 feet from property lines other than those property lines fronting the
40
--------------
street right-of-way.
c. 250 feet from any other monument sign on the same property,
measured along the right-of-way.
4. Changeable Message Signs. Signs may include a maximum area of thirty-
two (32)square feet that incorporates changeable messages or lettering, as
defined, in the sign face. Such messages shall not blink,flash,scroll or
CITY OF WYLIE SIGN REGULATIONS Page 23
change more than once per hour with the exception of signs that only
display the time and temperature.
C. Gasoline Pricing Signs
1. Gasoline Pricing Signs reflecting the price of gasoline available for purchase
on the premises must be a Monument Sign.
2. The Gasoline Pricing Sign must be integral to the permitted sign for the site,
subject to the following limitations:
a. The pricing display may not scroll,flash, or change more frequently
than once a day.
b. The pricing display may not exceed two-thirds of the gross sign area
per sign face.
c. Only one pricing display is allowed per site.
d. Internal illumination may be used for the pricing display only.
3. Maximum size—90 square feet
4. Maximum height—10 feet
5. Setbacks
a. 15 feet from street right-of-way.
b. 5 feet from property lines other than those property lines fronting the •`oeIeted:4o
street right-of-way.
D. Material Regulations
All Monument Sign bases shall be constructed of the same material as the front
building facade on the same site or shall be compatible in design with stone or
brick. The Sign Support must be constructed or covered with the same masonry
material as the principal building, or stone, or brick. Sculpted aluminum or plastic
sign panels will be allowed. All sign text and graphic elements shall be limited to
a minimum of six inches from the outer limits of the sign structure.
E. Illumination
Monument Signs shall be illuminated by a ground lighting source where the light
itself and supporting structure are screened from public right-of-way, except,
signs with sculpted aluminum panels, cut-out letters, or other type of raised
lettering may be back lit using internal lighting.
F. Model Home Signs
Model Home Signs are subject to the following regulations:
1. Model Home Signs require a permit and may be erected in residential
zoning districts on the same lot as the model home.
2. Each builder in a subdivision may have one Model Home Sign for each
model home and the permit for each sign shall be granted for a period of
time to coincide with the validity of the model home's certificate of
occupancy.
CITY OF WYLIE SIGN REGULATIONS Page 24
3. Model Home Signs shall be Ground or Monument Signs.
4. The maximum height of a Model Home Sign shall not exceed four(4)feet
from the grade.
5. The maximum area of the sign face shall not exceed eight(8) square feet.
6. Required setback shall be fifty percent(50%)of the distance between the
front property line and the building, but no less than ten feet from the front
property line.
CITY OF WYLIE SIGN REGULATIONS Page 25
9. OTHER TYPES OF SIGNS
This Section provides standards for specific types of permanent signs permitted by this
Ordinance.
A. Menu Board Signs
Menu Board Signs must meet the following regulations:
1. Menu Board Signs may be Attached or Monument Signs.
2. The maximum height is six(6)feet.
3. The maximum sign area is twenty-four(24) square feet. Only one sign face
is allowed per sign.
4. All Menu Board Signs shall be located at the side or rear of the principal
building. If two signs are erected they must be at least twelve feet (12) - Deleted:eighteen
apart.
5. Internal illumination may be utilized for the sign panel.
6. Any sign must be located at least fifteen feet(15)from any property line.
B. Subdivision Entry Signs
Subdivision Entry Sign means any permanent on-site sign identifying a
subdivision located in a residential zoning district. Subdivision Entry Signs must
meet the following regulations.
1. Subdivision Entry Signs may be attached to a wall at the subdivision
entrance or on a Monument Sign.
2. Attached Signs may not project above the top of the wall on which they are
attached.
3. The maximum sign area is thirty-two (32) square feet for Attached Signs.
4. Only one Monument Sign or two attached signs may be placed at each
subdivision entrance. A Monument Sign may have the subdivision name on
both sides.
5. Monument Signs may be located in the median at the street entrance if
approved by the City in an approved plat,within a developer's agreement, or
by separate application.
C. Directory Signs
Directory sign means a permanent on-site sign identifying the buildings in the
development or providing information on their location. Directory signs must meet
the following regulations.
1. Directory Signs may be either Attached or Monument Signs.
2. Directory Signs must be located a safe distance from the entry drive and the
public right-of-way as determined by the City's engineer.
3. Only one Directory Sign is allowed per street entrance.
CITY OF WYLIE SIGN REGULATIONS Page 26
D. Institutional Signs
Institutional Sign means a permanent on-site sign used to identify governmental
and municipal agencies, public schools, churches, or similar public institutions,
and used to communicate messages of public importance to the general public.
Institutional Signs must meet the following regulations.
1. Institutional Signs may be Attached and/or Monument Signs.
2. Institutional Signs may include a reader board, subject to the following
limitations:
a. Reader board must be integral to the permitted sign for the site;
b. Messages on the reader board, whether electronic or manual, may not
scroll,flash, or change more frequently than once a day;
c. Manual reader boards using movable lettering must have a lockable
covering;
d. The reader board display cannot exceed two-thirds of the gross sign
area per sign face, excluding a Monument Sign border.
e. Internal illumination may be utilized for the reader board sign panel.
CITY OF WYLIE SIGN REGULATIONS Page 27
• 10. TEMPORARY SIGN REGULATIONS
A. Development Signs
Development Signs are allowed subject to the following regulations:
1. Development Signs require a temporary sign permit and may be erected in
nonresidential and residential zoning districts
2. Development Signs must be related only to the property on which they are
located. They may be Monument or Pole Signs provided that a minimum of
two vertical sign supports are utilized.
3. Maximum height of a Development Sign shall be 15 feet.
4. The required setback shall be den feet (10') from the frontproperty line and 1 pest p ee t Signdsha be 30 feet or
ten feet(10')from the side property line. the required building line if less than
t 30 feet
5. The maximum sign area per sign face shall not exceed sixty (60) square
feet.
6. Each development site may have one such sign for each 50 acres under
active development.
7. A Development Sign must be removed when the project is 90 percent
complete. In the case of a commercial project, 90 percent complete means
when a certificate of occupancy is issued for a shell building. For a
residential project, 90 percent complete means when 90 percent of the lots
in the subdivision have received building permits.
B. Real Estate Sign
Real Estate Signs are subject to the following regulations.
1. Real Estate Signs may be erected in nonresidential and residential zoning
districts and shall not require a permit.
2. Real Estate Signs may be Attached, Monument or Ground Signs.
3. The maximum sign area shall not exceed nine (9) square feet and a
maximum height of four feet(4') for property located in a Residential Zoning
District. Signs located in a Non-Residential Zoning District shall not exceed
thirty-two (32) square feet in sign area and ten feet(10') in height.
4. On lots where a sidewalk exists within the street right-of-way, signs shall be
located between the sidewalk and the structure - but no closer than three
feet (3') from the sidewalk. On lots where no sidewalk exists within the
street right-of-way, the sign shall be located at least ten feet (10) from the
edge of the street --i Deleted:Real Estate Signs shall be
I set back at least eight feet from front
5. flo more than one sign shall be located for every.two S2) acres in a tract of I property line.
land or portion thereof. Deleted:Real Estate Signs are
`limited to one per street front.
6. A Real Estate Sign shall be removed upon the sale or lease of the property.
CITY OF WYLIE SIGN REGULATIONS Page 28
C. Promotional Signage
Businesses that erect signs under the provisions of this Section shall not display
a sign that states"Going out of Business", "Quitting Business"or similar message
more than one time. Promotional Signs are subject to the following regulations.
1. All Promotional Signage requires a permit. A maximum of two (2) permits
are allowed for each calendar year. A separate permit is required for each
two-week period Promotional Signage will be used. Promotional signs will
be considered as a group and not as each individual sign, streamer, banner,
etc.
2. Promotional Signage may include flags, pennants, streamers, balloons,
inflatable signs, and any legal signs allowed by this Ordinance. Additionally,
a maximum of two (2) banners is allowed, in addition to flags, pennants,
streamers, balloons,inflatable or other promotional signage per permit.
3. Promotional Signage is allowed for two, two-week periods each calendar
year per legal business subject to the following:
a. A two-week period will commence on the first day Promotional Signage
is displayed.
b. The two two-week periods shall not occur in the same or consecutive
months.
c. A legal business shall include any commercial, industrial, or
institutional use for which the building inspection department has
issued a certificate of occupancy.
d. In the case of a special promotion for a grand opening celebration, one
period may be extended to a three-week period provided the promotion
commences within the first three months of the date of issuance of a
certificate of occupancy and the grand opening is limited to the
address noted on the certificate of occupancy.
EXCEPTION: A business that is in its initial year of operation is allowed to
extend the time promotional signs are displayed, one time, from two weeks
to 30 days.
4. Any device described as Promotional Signage shall not exceed an overall
height of 40 feet measured from ground. I Deleted:25
5. The following setbacks apply. However, the setbacks may be increased for
any Promotional Signage found by the City to block traffic visibility or
constitute a traffic hazard.
a. 15 feet from street right-of-way.
b. 40 feet from property lines other than those property lines fronting the
street right-of-way.
Deleted:c..250 feet from any other
monument sign on the same property,
measured along the right-of-way.¶
CITY OF WYLIE SIGN REGULATIONS Page 29
Deleted:9.-SIGNS LOCATED IN
"x 11. TEMPORARY DIRECTIONAL SIGNS i THE CITY RIGHT-0E-WAlfI
Any sign permitted by this Ordinance
may be erected within the public right-
:1 of-way(unless otherwise prohibited
On properties located at the intersection of two major thoroughfares or a major :I by municipal,county,state or federal
re met
thoroughfare and a collector street, panel/directional skins are permissible subject to the law)pr the following
conditions are et:¶
following conditions and upon the issuance of a sign permit: A..Permits 9
No sign may be erected within a right-
: of-way until a permit has been
A. The sign design and location must be approved the City Council. I obtained and the proper permit fee
paid. No sign shall be placed on
1 private property or in the right-of-way
B. Permits for such signs shall be temporary in nature and shall expire two years 1 adjacent to developed private
from the date of permit issuance. ; i property without the private property
owner's written consent.Any permit
issued for a sign in the right-of-way
C. The maximum height of the sign is ten feet(10'). shall expire on December 31 of each
calendar year and a new permit is
required.¶
D. The maximum width of the sign is six feet(6). B. Ts be placed
within shall be placed within the right-
of-way only between the hours of
E. The font, lettering and color of the sign shall be uniform throughout the entire noon(12:00 p.m.)Friday and 9:00
p.m. •Sunday. I
sign I C._Location'
Signs located in the right-of-way shall
comply with the following location
F. The sign may be located within the right-of-way, provided that, the sign is regulations.¶
located at least ten feet (10') from the back of the curb or road pavement and at ; 1._Signs shall not be placed within
any median.¶
least two feet(2)from any sidewalk. k 2._Signs must be a minimum of five
feet(5')from the adjacent edge of
curb or pavement,which includes
G. The permit applicant, property owner or developer shall be responsible for the ; improved surfaces and shoulders.¶
cost of production, maintenance of the sign and removal of the si g fifty n. fi3_fty feet(50)of any s Signs shall notrtreeettlac within
s
intersection or within twenty-five feet
(25')of any alley or curb cut.
Additionally,no sign may be placed
within any defined visibility triangle or
in any manner that may obstruct
traffic visibility.Q
4._Signs shall not encroach upon or
obstruct any designated sidewalk or
pedestrian way.¶
5._Signs shall not be placed within a
right-of-way that is adjacent to a
dwelling premises.¶
D..Size I
Signs located within the right-of-way
shall not exceed six(6)square feet.11
E..Height I
Signs located within the right-of-way
shall not exceed a total height of
three feet(3').¶
I F._Number of Signs I
The maximum number of permits that
shall be issued to any one person,
company,builder,entity,group or
corporation,or any of the foregoing
that are associated or related,for
signs located in the right-of-way is
twenty(20). For example,a
company is limited to 20 right-of-way
permits. A company may not send
multiple employees to get 20 right-of-
way permits each.¶
G:Sign Placement Vehicle Am
CITY OF WYLIE SIGN REGULATIONS Page 30
.. ................ .. ................... .
Page 30:[2]Deleted Dale Jackson 4/28/2003 4:51 PM
9. SIGNS LOCATED IN THE CITY RIGHT-OF-WAY
Any sign permitted by this Ordinance may be erected within the public right-of-way(unless otherwise prohibited by
municipal,county,state or federal law)provided that the following conditions are met:
A. Permits
No sign may be erected within a right-of-way until a permit has been obtained and the
proper permit fee paid. No sign shall be placed on private property or in the right-of-way
adjacent to developed private property without the private property owner's written
consent. Any permit issued for a sign in the right-of-way shall expire on December 31 of
each calendar year and a new permit is required.
B. Time Limitations
Signs shall be placed within the right-of-way only between the hours of noon (12:00
p.m.)Friday and 9:00 p.m. Sunday.
C. Location
Signs located in the right-of-way shall comply with the following location regulations.
1. Signs shall not be placed within any median.
2. Signs must be a minimum of five feet(5')from the adjacent edge of curb or
pavement, which includes improved surfaces and shoulders.
3. Signs shall not be placed within fifty feet(50') of any street intersection or within
twenty-five feet(25') of any alley or curb cut. Additionally, no sign may be placed
within any defined visibility triangle or in any manner that may obstruct traffic visibility.
4. Signs shall not encroach upon or obstruct any designated sidewalk or pedestrian
way.
5. Signs shall not be placed within a right-of-way that is adjacent to a dwelling
premises.
D. Size
Signs located within the right-of-way shall not exceed six (6) square feet.
E. Height
Signs located within the right-of-way shall not exceed a total height of three feet(3').
F. Number of Signs
The maximum number of permits that shall be issued to any one person, company,
builder, entity,group or corporation, or any of the foregoing that are associated or related,
for signs located in the right-of-way is twenty(20). For example, a company is limited
to 20 right-of-way permits. A company may not send multiple employees to get 20 right-
of-way permits each.
G. Sign Placement Vehicles
Any vehicle used during the installation and removal of signs must have one(1)
revolving amber strobe light that is visible at five-hundred feet(500') in the daylight on
top of the vehicle and one(1) revolving amber strobe light that is visible at five-hundred
feet(500')in the daylight on the rear of any trailer being used in addition to vehicle and
trailer flashers. The lights should be used only when slowing down or stopping on the
roadway. Vehicles shall stop only in the right hand lane when installing or removing
signs with both flashers and amber lights operating.
H. Tampering with Permit Decals
Any person who knowingly falsifies, tampers with, or reproduces permit decals for signs
located in the right-of-way, or falsifies an affidavit required to obtain a permit, shall, in
addition to the other penalties set forth herein, have all rights to place or have placed
signs in the right-of-way with the City of Wylie revoked for a twelve (12)month period.
I. Temporary Banners and Streamers in the Right-of-Way
The Board of Adjustment may grant exceptions to allow banners and streamers to be
placed in the public right-of-way. Approval of such signs shall be on a case by case basis.
Signs of this type shall refer only to civic or non-profit functions that benefit the
community as a whole. Exception requests shall include the size, number and location of
all signs as well as the dates the signs will be placed within the right-of-way. Any change
in size, location, number or date of placement must be approved by the Board of
Adjustments. No fee shall be required to request an exception of this type from the
Board of Adjustments.
J. Removal of Unpermitted Signs
Unpermitted signs, or signs in violation of this Ordinance, may be immediately removed
from the right-of-way. Signs may be disposed of as set forth in Section 3.K. above.
August 12, 2003
City of Wylie
City Council
Attn: Claude Thompson
Planning Director
Dear Mr. Thompson and City of Wylie
Please withdraw the annexation request for the 17.4190 tract of land situated in the
Francisco de la Pina Survey,Abstract No. 688 in Collin County, Texas. Same said land
located south of Brown Street and east of Kreymer Lane.
Respectfully,
Neva Lou Kreymer
Ro ert roo s e m r