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11-11-2003 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA TUESDAY, NOVEMBER 11, 2003 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie, Texas 75098 CALL TO ODDER ................................. INVOCATION chi PLEI/G. OP AL .EGIANC>O PROCI AMATIOI &P ESENTATIt N • Presentation of Star Students Awards with the character trait of "Respect" CITIZENS I*ARTI<CIPAT)<Ol'�i CONSENT A1A All matters listed under the Consent Ageeda are co nsid ed to be routine by the City Council and will acted b one motion There wilt nut ►e sep ate discussion 4I these items R discussi n is desired,that item wdl he omo'ed' < 0.00.a Consent Agenda and wdl be considered separately A. Approval of the Minutes from the Regular Meeting of October 28, 2003. B. Consider and act upon a Preliminary Plat for the Housewright Addition, being all of a certain 1.022 acre tract of land, generally located east of FM 544 and south of Stone Road, as described in a deed to James E. Housewright, as recorded in Volume 5445, Page 1504 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the Allen Atterberry Survey, Abstract No. 23 and in the A. West Survey, Abstract No. 979, Collin County, Texas and within the Extraterritorial Jurisdiction of the City of Wylie. C. Consider and act upon a Preliminary Plat for the Wylie Lakes Phase 1 Addition, being all of a certain 49.359 acre tract of land, generally located east of Forrest Ross Road and south of Skyview Drive, as described in a deed to Wylie Lakes, Ltd., as recorded in Volume 5415, Page 4387 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the Francisco de la Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas. D. Consider and act upon the approval of a resolution authorizing the Mayor to execute a License Agreement between the City of Wylie and Dallas Area Rapid Transit for the installation of four 72- inch drainage pipes crossing the Cotton Belt line. E. Consider and act upon the award of a contract for paving and utility improvements along Cotton Belt, Jackson, and Cooper Streets to Rycon, Inc. in the amount of$308,659.00. F. Consider and act upon authorizing the law firm of Abernathy Roeder Boyd & Joplin to file a Declaratory Judgment concerning the Deed to City Hall property. G. Consider and act upon adoption of a Resolution establishing Rules of Procedures for City Council meetings. NDI DUA CO SIDE A "ION . 1. Consider and act upon a request from the Downtown Merchant's Association regarding access and construction of Highway 78. Executive Summary Representatives of the Downtown Merchants Association have met with staff and some Council members to discuss concerns regarding the proposed access associated with the current Highway 78 construction. A spokesperson from the Association will be making a presentation to the Council and requesting that action be taken regarding their recommendations for changes to the current construction plans. 2. Consider and act upon the approval of a resolution authorizing the Mayor to execute an agreement with the Kansas City Southern Railway Company for grade crossing improvements at McCreary Road. Executive Summary The attached agreement will authorize the KCS to install the necessary signalization and road improvements at the crossing as well as upgrades to the crossing on the north bound lanes(City of Wylie). The total project cost is$314,306.00 and the City of Murphy has requested a reimbursement of$38,413.00 from the City of Wylie for the installation of the concrete road crossing on the north bound lanes. Staff will bring forward an Interlocal agreement with the City of Murphy at a later date if any cost reimbursement is necessary. Approval of the agreement will authorize the KCS to begin construction of the crossing. The agreement was approved by the City of Murphy on October 20,2003. WORK SESSIOIN • Discussion of Sign Ordinance Amendments Tabled Item from 9-23-03 3. Consider and act upon Ordinance #2003-14, adopting new sign regulations, repealing Ordinance #2002-27 and repealing all conflicting ordinances. Executive Summary City Council discussed this item during a work session at the September 23,2003,City Council meeting. Staff was made aware of two concerns of the Council. The first was to verify that the City Attorney reviewed the ordinance and the second was to provide a transition period for phasing out right-of-way signs. The City Attorney's office did review the ordinance in June. The ordinance was sent to the City Attorney's office again in October and it was discovered that there were some state law changes in September that affected sign regulations adopted by municipalities. The proposed ordinance does reflect all of the changes proposed by the City Attorney's office. The second issue has been addressed by adding a new section 12 to the ordinance that would be automatically repealed on July 1,2004. This section legalizes right-of-way signs through July 1,2004. READIN OF O INANCO TI "I, CAPTION A. "kii0VE.D BC COUNCIL AS REQIIKED I3V �tiII!s CI�"Y`CA�#TE�;,t�RTICL�III,�ECTIfJI�1�D . .......................................... ADJ UR ME T 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 7th day of November,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 Tuesday, October 28, 2003 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North ............................................. CA;L.tL TO ORDE # Mayor John Mondy called the meeting to order at 6:01 p.m., with the following council members present: Mayor Pro Tern Eric Hogue, Councilwoman Reta Allen, Councilman Merrill Young, Councilman J. C. Worley, Councilman Chris Trout,and Councilman Randal Shinn. Staff members present were: City Manager, Biff Johnson; Assistant City Manager, Mindy Manson; Finance Director, Brady Snellgrove; City Engineer, Chris Hoisted; Planning & Zoning Director Claude Thompson; Wylie Economic Development Director, Sam Satterwhite; Public Information Officer, Mark Witter, and City Secretary, Carole Ehrlich. LOC�T11+O1�;&1"L�D1G+,OF�LL:EC;IAI`1C Reverend Mark Forrest of the Murphy Road Baptist Church led the prayer. Councilman Trout led the Pledge of Allegiance. PI OCLAMATIOIS$ PRESENTATIQNS . ii • Reach for a Star—Unveiling of the 2003 Star Tree Reach for a Star Chair, Aimee Nemer presented the 2003 Star Tree and Councilmen choose stars from the tree to kick off the City of Wylie program. .......................... CITIZENS PARTICIPATI0W There was no one present to address council. CONS NT ACENDA All matters listed under the Consr nt da acre considered to be 0utine by the City C eil and will be enacted by bn motion. There. b mot;be sepa�rate:di ussian of ese items Rdl cussio n is desired,that ite ill be; ztoi.ed from the (onseert Agenda and will be conside d separ y A. Approval of the Minutes from the Regular Meeting of October 14, 2003. B. Consider and act upon a Final Plat for the Birmingham Farms Phase 4 Addition, being all of a certain 13.955 acre tract combining the 5.911 acre tract of land called Tract A and the 8.044 acre tract of land called Tract B, generally located east of Country Club Road (F.M. 1378) at Talladega Drive, as described in a Contract for Deed to Centex Homes, and being situated in the C. McUlmurry Survey, Abstract No. 629, City of Wylie, Collin County, Texas. Minutes—October 28,2003 Wylie City Council Page 1 C. Consider and act upon a Final Plat for the Birmingham Farms Phase 13A Addition, being all of a certain 25.961 acre tract of land, generally located east of Country Club Road (F.M. 1378) and south of Park Boulevard, as described in a Contract for Deed to Centex Homes, and being situated in the C. McUlmurry Survey,Abstract No. 629, City of Wylie, Collin County, Texas. D. Consider and act upon a Final Plat for the Southbrook Phase I Addition, being all of a certain 26.2357 acre tract of land, generally located north of Elm Road (County Rd. 381) and east of South Ballard Avenue, as described in a deed to S.C. Parsons, as recorded in Volume 5049, Page 2916 and Volume 4906, Page 707 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the D.W. Williams Survey, Abstract No. 980, City of Wylie, Collin County, Texas. E. Consider and act upon a Final Plat for the Alanis Addition, being all of a certain 5.201 acre tract of land, generally located east of Ballard Avenue and north of Alanis Drive, as described in a deed to Richard D. Nance, et al, as recorded in County Clerk's File No. 97-0054771 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas. F. Consider and act upon a Preliminary Plat for the McCreary-F.M. 544 Addition, being all of a certain 7.2575 acre tract of land, generally located north of F.M. 544 and east of McCreary Road, as described in a deed to Heatley-Moist, Inc., Trustee, recorded in County Clerk's File No. 96-0021299 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. G. Consider and act upon a Final Plat, being a Re-plat of Lot 46, Block D, Cimarron Estates Phase II Addition, being all of a certain 0.195 acre tract of land, located at 2917 Jamestown Drive, as described in a deed to Centex Homes, recorded in Volume 5136, Page 1815 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the Francisco De La Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas. H. Consider and act upon a Final Plat for Lots 5A and 5B, Block A, being a Re-plat of Lot 5, Block A, Greenway Addition, being all of a certain 1.40 acre tract of land, generally located east of Westgate Way and south of F.M. 544, as described in a deed to Greenway-Wylie, L.P., recorded in Volume 4734, Page 2858 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the E.C. Davidson Survey, Abstract No. 267 and in the Duke Strickland Survey, Abstract No. 841, City of Wylie, Collin County, Texas. I. Consider and act upon authorizing the City Manager to enter into negotiations with Trinity Waste Services to extend the current contract. J. Consider and act upon a request from the Wylie Seniors, Teens that Care, and Girl Scouts to sell admission to the Haunted Tunnel and have game booths at the Bart Peddicord Community Center on October 30 and November 1, 2003. K. Consider and act upon a request from the Blackland Prairie Playground Foundation to sell items such as fence pickets and hand painted tiles and accept donations from October 14, 2003 through September 30, 2004 at Founders, Community, and Olde City Parks. L. Consider and act upon a request from the Summitt Church to sell items at Olde City Park for their Halloween event on October 30, 2003. Minutes—October 28,2003 Wylie City Council Page 2 M. Consider and act upon authorizing the City Manager to execute an Amendment to the Conditional Grant Agreement between the City of Wylie and Atrium Companies, Inc., Extruders Division. Council Action A motion was made by Councilman Young, seconded by Councilman Worley to approve the consent agenda as presented. A vote was taken and passed 7-0. ............................................ INDIVIDUAL CONSIDERATION 1. Consider and act upon an appointment to the Planning and Zoning Commission, to fill an unexpired term. Staff Comments Planning and Zoning Director, Claude Thompson addressed council stating that Michael George was reappointed to a two (2) year term on the Planning and Zoning Commission on June 24, 2003. Mr. George, who has capably served several years as Chairman of the Commission, resigned from the Commission effective October 17, 2003, due to pressing family matters. Article VIII, Section 2A of the City Charter authorizes the City Council to appoint a Planning and Zoning Commission to advise the Council in carrying out its various duties regarding planning and environmental quality. Proposition 18, adopted on May 2, 1998, requires that the Planning and Zoning Commission shall consist of seven (7) citizens, appointed for terms of two (2) years each. Vacancies in an unexpired term shall be filled by the Council within thirty(30) days from the date of the vacancy for the remainder of the term. Council Action A motion was made by Councilman Shinn, seconded by Councilman Young to approve the appointment of Kathy Spillyards to fill the unexpired term of Michael George on the Planning and Zoning Commission. A vote was taken and passed 7-0. 2. Consider and act upon Resolution #2003-17 casting ballots for the Board of Directors for the Central Appraisal District of Collin County, Texas. Council Action A motion was made by Councilman Shinn, seconded by Councilwoman Allen to cast the City of Wylie's 30 votes for the Collin County Appraisal District Board of Directors to George G. Crump. A vote was taken and passed 7-0. Mayor Mondy convened into work session at 6:20 p.m. • Discussion of operation of the existing City Waste Water Treatment Plant and proposed upgrades to maintain current level of service Discussion between NTMWD representatives and the council involved the new Muddy Creek Wastewater Treatment Plant that is under construction and is scheduled to be completed in January 2005. Due to the age of the existing plant, some of the equipment has reached its useful life and is in need of replacement. The proposal by the NTMWD includes the replacement of the bull gear for the final clarifier at a cost of$19,000 which would increase Minutes—October 28,2003 Wylie City Council Page 3 the efficiency and effectiveness of the flow rates to the current NTMWD Wastewater System. Representatives stated that the current NTMWD budget has funds to cover the cost of the bull gear replacement. Mayor Mondy reconvened into open session at 6:30 p.m. INDIV.I ><TA CONS1DO 'l .'lION 3. Consider and act upon authorizing the Mayor to execute a request from the North Texas Municipal Water District (NTMWD) for the purchase of additional equipment in the amount of $19,000 for the existing wastewater treatment plant. Council Action A motion was made by Councilman Worley, seconded by Mayor Pro Tem Hogue to authorize the Mayor to execute a request from the North Texas Municipal Water District for the purchase of additional equipment in the amount of$19,000 for the existing Wastewater Treatment Plant. A vote was taken and passed 7-0. Mayor Mondy convened into work session at 6:31 p.m. WORK SESS1N • Discussion of new street names for the Kirby/Stone Area Discussion between council and staff pertaining to the street names for the Kirby/Stone area concluded in direction from council to leave Kirby Street as named from Hwy. 78 to Ballard Street, which will include the new extension. The existing West Kirby Street will become part of Jackson Street. Stone Road between Birmingham and Ballard Streets will become Stone Circle. Staff will move forward with this direction. • Discussion of annual Student Government Day Discussion between council and staff pertaining to the annual Student Government Day concluded in council direction to change the spring program at City Hall to include only the students participating in the High School Quad C Classes and for council to spend a day in the government classes during the spring and fall working with all students. The full day program at City Hall would be discontinued in the fall. Mayor Mondy convened into Executive Session at 7:01 p.m. E C1JTIVE;SESSION In accordance with Chapter 551,Government Code,Vernon's Texas Code Annotated(Open Meeting Act),Section 551. SS 551.071 Consultation with Attorney;-Closed Meeting A governmental body may not conduct a private consultation with its attorney except: (1) when the governmental body seeks the advise of its attorney (A) pending or contemplated litigation;or (B) a settlement offer; or (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. • Regarding Acquisition of property and clarification of ownership of City Hall Property. Minutes—October 28,2003 Wylie City Council Page 4 Mayor Mondy reconvened into open session at 7:27 p.m. I CQN E iE TTO PES�T;;k EE N x Take any action as a result of the Executive Session. There was no action taken as a result of the Executive Session. Council Action With no further business before council, a motion was made by Mayor Pro Tem Hogue, seconded by Councilman Trout to adjourn the meeting at 7:28 p.m. A vote was taken and passed 7-0. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—October 28,2003 Wylie City Council Page 5 WYLIE CITY COUNCIL AGENDA ITEM NO. B. November 11, 2003 Issue Consider and act upon a Preliminary Plat for the Housewright Addition, being all of a certain 1.022 acre tract of land, generally located east of FM 544 and south of Stone Road, as described in a deed to James E. Housewright, as recorded in Volume 5445, Page 1504 of the Deed Records of Collin County, Texas(DRCCT), and being situated in the Allen Atterberry Survey, Abstract No. 23 and in the A. West Survey, Abstract No. 979, Collin County, Texas and within the Extraterritorial Jurisdiction of the City of Wylie. Background The Preliminary Plat for the Housewright Addition totals 1.022 acres, and will create one rural residential lot as well as dedicate right-of-way for F.M. 544. The subject property is located in unincorporated Collin County but is within the Extraterritorial Jurisdiction ofthe City of Wylie,and in compliance with the adopted Interlocal Government Agreement requires the plat to be approved by the City of Wylie. Development of this lot must comply with the Subdivision Regulations of the City of Wylie and the Building Codes of Collin County. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that "the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipality unless it is disapproved within that time period". Financial Considerations Plat application fees have been paid. The applicant is aware that development impact fees must be paid prior to issuance of a building permit. Other Considerations 1. The Preliminary Plat conforms to the platting requirements of the City of Wylie and Collin County, as well as with the Subdivision Regulations of the City of Wylie. 2. The Plat dedicates 15 feet of right-of-way for the future widening of F.M. 544. This portion of F.M. 544 was recently removed from the State Highway system and is now controlled and maintained by the City, and is planned as a six-lane divided thoroughfare. 3. The subject property cannot be annexed at this time because it has no contiguous boundary with the City of Wylie city limits and sewer services are not available within a reasonable distance. Board/Commission Recommendation At the October 21, 2003 Planning and Zoning Commission meeting, the Commission voted 5-0 to recommend approval of this Preliminary Plat. Staff Recommendation Approval. Attachments Preliminary Plat Prepare. by Revie if by Finance / City M n Approval ii ,Ilse! - I�f 1 i 1114 0' 1 trli i ii E CA;HWY NO.T 5444-, a 8.5 i ilf 11 . 1 I lit ir t r;r,—,,,,,,,—.. l' ii '4 rtili I Ili I I! —-- ______ I hr 'Ai I 1f a qr! E E � ill i i !Or 11 r ff.Tri 1 j'11 'i �` 1 alb • i E1— -, tf a I da t i 1 4 d1 �� I i --____ E, t : I i1 . i I e It 1 t I 1 \` ii I ,7,- ii ii 43 t t o s itAr S Pi s PI i it'll li I 1 1Rtfsee 4r a dui EFi +l0 ill Iif �i-i 1 $ ui e. a �B gg e i1 1 :Eff 'paa a IFEE' ltip 1 '!1 !96 til t3 If : eg ail if rt 3 fr f i ►°F af�' � f ; P4 f � ilfii" �#} 1f t F i 6 i E pE� l° E 4?!Ric!. Ef c}3 trE it ` � f d q eijii i 41 , 1 i if � fr 1 iii is x10140,0 fik *e I I ael. itt Ei III # I v�i 8 �!I[ • i° ��lid fin a[A Ili t�' " fit E"t[ bi Pi ION' rrt a e 1t !ill . ;i �r oirtt El ill 11 4 if 4? 19! t •1s �I a" iE ft 4 i1_ II 4' PP i if ,i I0 r 8 D$d rtiht I . 1 L t EL =a 2 6F ++ff i 3 r x illilliclii ff Z0 39tid OOS94 NOSADVr D810ZtitZL6 817:Li E00Z/LZ/0i WYLIE CITY COUNCIL AGENDA ITEM NO. C. November 11, 2003 Issue Consider and act upon a Preliminary Plat for the Wylie Lakes Phase 1 Addition,being all of a certain 49.359 acre tract of land, generally located east of Forrest Ross Road and south of Skyview Drive,as described in a deed to Wylie Lakes, Ltd., as recorded in Volume 5415, Page 4387 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the Francisco de la Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas. Background The Preliminary Plat under consideration is for the first phase of the Wylie Lakes development. The subject property includes 49.359 acres and will create 92 single-family detached residential lots, 14 single-family lots for attached patio homes, 55 single-family attached standard townhouse lots, 3 public parks and several common areas/open spaces to be owned and maintained by the Homeowners Association. The property is the initial phase of the 121-acre Wylie Lakes Planned Development(PD 2003-18), approved in August of 2003,which is a mixed-use development and includes Single-family 1A/26 residential, Single-family 8.5/17 residential, Townhouse(TH)residential, Commercial/Retail and Parks and Open Space. The Concept Plan approved by the City Council as part of the original Planned Development (PD 2003-18) on August 26, 2003 and does not serve as an approved Preliminary Plat; therefore, a Preliminary Plat must be submitted for each phase of future residential development as well as a Site Plan for all commercial development. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that "the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipality unless it is disapproved within that time period". Financial Considerations Plat application fees have been paid. The applicant is aware that development impact fees must be paid prior to issuance of a building permit on each lot. Other Considerations 1. The Final Plat substantially conforms to the approved Concept Plan and Development Conditions of the Planned Development PD 2003-18 and complies with the Subdivision Regulations and all other pertinent code requirements of the City of Wylie. 2. The Conditions of the PD require that all development comply with the standard requirements of the Zoning Ordinance. The Plat includes a tabulation of how the flexible point system will be achieved for Land Design, Street and Sidewalks and Architectural incentives. 3. The proposed Spencer Lane provides primary access into the subdivision from Forrest Ross Road. A portion of the proposed Park Boulevard Right-of-way will be dedicated by this plat,but only that portion at the intersection of Park Boulevard will be paved in this phase due to the incompleteness of final engineering on the railroad overpass by others. No alleys are required throughout the PD area. 4. The park dedication requirement for this initial phase is 1.5 acres per 100 lots or 2.415 acres and 3.69 acres of parkland are provided by this plat. Board/Commission Recommendation At the October 21, 2003 Planning and Zoning Commission meeting, the Commission voted 5-0 to recommend approval of this Preliminary Plat. Staff Recommendation Approval. Attachments Preliminary Plat i1 Prepares evie e by Finance City 1Vkanag pproval DATE: 14 OCT 200: Point Requirements Ar fle..tur.l for VI Re.ldertl10l.M0A. nose a8.mertl Desirable Pointe Points Regd. 9 Root Pitch 8:11agreear.Aa oredapshlnQos Confers.wca Disiabl hip and gable 10 Rout Mamas What shingles.Pent rooftop Arcnhecturelgade orenep shingies 5 access to mach g Preliminary Plat a nnnimum. Mail Boy location Pared et la Ina One sole throughout derAooment 5 Garage Doan Offset minimum.Mmdmum 50%d Not on primary street elwa0a 20 elevation w 40 for /a..(BpgSaerwk Realareaalgier Yioee°R.Ma°MW anea ueslreble Points Points Held Uaass de 20 Wylie Lakesphasel Gushes.18ewc FN C N Sa seMSontae of..s10SidewalkWlah Concha 10yard Ruw°Io L48ItQ LOnhellnt6OIYerery70ahSt Sgn.oem decortnellgnhngpolec Naege ReWae a FrontyRd .es Front ol streetswenly spaceda Gan 20 W Street Trees 49.4 A cres e0 55 Ua Bp in the l . . Base Standard Desirable Points Points Reqd W Pedestrian lnlmgesa Gawk/defined.mactpedestrian N°an2maamen tad°+est actual 10 pNe Mllmge Center linkage aetmce City of Wylie, Collin County Texasspace toresdf Ope 'a N°°�° "'""°"'°'� 9r°"`°bngade°�°��° 25sDacetoasldenba <e o.m. ss 50 C7�(� $ W 02 i6 Pir _ . LOT COUNT �� NIBloock AI of Loa O L 4 C 49 �� / 14 14 TH 17 D 1) E 59 55 OH 22 0 181 55 Total TH 2922 Total SF 8311)I ! GENERAL NOTES WYLIE LAKES DEVELOPMENT �re� 1.CURRENT USE IS VACANT.CURRENT ZONING 13 PD. % UYhIN2.ALL RESIDENTIAL STREET RIGHTSaF-wnrro BE ea vADE.R PUEUC WATER.SANITARYSEWER MID ORNNAGEFAC LITIEa ARE PROPOSED PRIMARILY WITHIN TNES)REET ipRIGHTS.OF-NAY.ANTICIPATED EASEMENTS OUTSIDE THE STREET RIGHTS'OP-WAY ARE SHOWN HEREON. ¢R. A.A 10 FODT UDUTY EASEMEASEMENTTS PROPOSED ALONG ALL 00SIOEN11AL RIGHTS OF WAY FOR FRANCHISE lf11UNES. R� ADOMONAL EASEMENTSSE PROVIDED WITH THE FINAL PLAT AS FINAL DESIGN OF THESE FACILITIES DICTATE, T OWNER: ENGINEER/SURVEYOR: g as>L' oo K.B.GROUP GREG EDWARDS ENGINEERING SERVICES,INC. o rIA ADDRlef: ADDRESS:9 2maTARNA ee,MAMA COURT fD 1 SCALE: Map DAWIB,TXTa22e PONDER,TEXTS mew ¢y i SCALE:1'=7000' PHONE PHONE: .tiyQ I r 0121'24)-21e0 (2e01482-2200 g i8j it E UST OF DRAWINGS 3 1 1 i SH TITLE g i 6! g3§ b{ 01 COVER SHEET JOB NUMBER 02 SINGLE FAMILY DETACHED LOTS �®-«L, 03 TOWNHOME LOTS DESIGNED: OK 04 DESCRIPTIONS&DEDICATION DRAWN: ARB CHECKED: SHE I PRELIMINARY PLAT I O 1 FOR REVIEW PURPOSES ONLY OF 04 1 DATE: 14 OCT 200: We.ROM INITARIXTONS 6 u., ....... fla RIL ,.. r� eb " mss r laE�x" o` "=I mn r. r a" Y S5734'S9"E p r ■ 99.75' 2 9B .. ro Loom Lora Exs Iry a Iv tll IV IIv 2 06 06 a 03 0] Jj.i 11 i ie tit G!K G,"r .. 9 Ot ® 1 J1_ � 1 h, /,, Vicinity Map TYPICAL SINGLE FAMILY i "� / a :114‘jk SCALE:i^=zoos DETACHED LOT BLOC A �� / .n°",� / by ,� .>t�1�C�h _. / ff 1. SETBACKS 40 .i 94 / �, a L o,F}c o p4 rC0 ay LEGEND 0 cu,"xw. '%' ^/ G^ ,.�/ ,.P' / <L 3 fL S�[ • --wammvwrwr xm 'e` 0 01 -1*\ BlOgc'X' /,,;; ` /Ir/ iR�V /�.'R19 PEIA In i Oi �Vf mesh -'�`� y _ "•s. / raw ,'t'08 07 08'1, / �o%,.r mr xx i� 0=22'36'22" • 888'23'57"E 713.71' 1-� _ —_\ _ —/i BLI 5, NEXT EE.r"xLot 111W/ 1: LaTaj ¢ CB=N41'14.'55"E 0"- 1 BLOCK A +' a C=423.36' PARK-3 1 eL m� BLA:2:005# ,,,,,, :` al...!, . :: iii BLOCK A 0 t IP: 4000041 Alit ..s., . :Igig SA 1..r.9° ' . / c, /-*-:\s. tli a•.aa — 0 moo' /, /,\ ="441''' ------ p=50'28'44" g 6 R=1020.00' . 1}; 4111 11110 /tO�• scALE:r-eoa ,`. 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MATCHLINE \ \ \ \ SEE PREVIOUS-SHtET Zi _ _ \ 01 06"i 05! 04i 03E 02€ 01 i _ \ ¢ _ N 07 i n .+nw, "°°" —— '` TEXAS MUNICIPAL WATER DISTRICT EASEMEN _ J _ ------vbL.�e�gG.-438Z Fc.�- O V" ,1. tj©•� bi/'icy, VAm \ 1 e t„ w3 08 — — 1 \.,� Oj \ \ cam a - \. , j'ir___-,__-,___77 / >� f / 11 ( ,j f' � , / / jr a10 P11k 12k� / / 61 _ —r—=--'—n� -- -F—� - xr I /_ C)) / L / /14/1/5/ '....7 "---'—i-=H--t----H 1-- - ;'7i i 18' f).l ,18,19 20121 22 23 241 125 26 27:28129130 31 1 32 33 I34 35 ; �� aCALE:, -ea r Ai �l / �/ 01 tiH° —; moma, 0 , t r, E r �11€ !J€ i E # = ��E�it I i"+4 �f'° SCALE:P- 02 w 1--' B O iC sas # i # If z Ci-) l'Ai A. SCALE:,"-!tl : � § UNITED STATES OF AMERICA b� VOL. 914, PC. 841 \� 1 @ L.R.C.C.T. MCP CP. g SCALE:I"H 500 0.M�0S } =t N46'44'36"E 410.54' N46'31'03"E 499.98' _ I 0.'.� L- -- — --- _. _ , t S 4oilf - .��Lr�\\ —, —1 .r= I " TT —t m L--I —+ '_� 1 t r �_-_-7" ` �'i E �� 4 11 I 2 33 j 34;35 136 37 38 139 40 41 ,42 i 431441451 146 47 i 48 49 50 51 52 1 153 :54155 56;57 58 591 ' ♦ 'ion'".mm MRSE E 8 @' k3, # R € k # O� �� wv�`"�a Li pi 4 6 .1 ,1 hi‘ it k k '4 N IAA 9 n e—Iki1 � -ie e R /_I� ? 9 i b i o5,4 � I B OCk E � Palm, 1g3 /awn tows 4 J09 NUMBER ' 1— i "v m xn — — — , — .xn xo xv xv xa sn xe xc m xn rn xr er..-"0..9 ��e§ S45'18'34"W1796.52' DESIGNED: GKE 1p 5 !1 SIM TROTT WYL/E, INC. DRAWN: ARE 66 VOL. 5028, PO. 412E CHECKED: GKE s TOWNHOME LOT I" L.R.C.C.T. 03 REFERENCE MAP cut € TYPICAL TOWNHOME LOT SETBACKS F i DATE: 14 OCT 200: ownecarromme selLATED wrN!.p,CA+aN Nma fmO Owns.w,Reap 0,•Nly WaI+loll..poi..,,,�,wnv«oriYere�e9Mn.aw,o Wylie rMu.tlN of CO. jI�mWbY..Ir.um ma« wWY•wu.rounfN WCVrr n.rrwr b r.:l.ci,ton ..I.noes«mew d Mutl,,,11 om e««a.m ma m YK.M i wrwa..rmiY m 6E.MN*Mbw.n a.e.8.1.. �.mN.o,maoW aa.r.u...orw..ir.a,ceomw.a.d.n e.Wvmaewnxwn 9 nr,r.,,..,..e.�tl.a.Y�e��a��rY.a �....,r.r4naa,Y« ...«.�.�b,..Mrared.d..'" «r' "-n...:�eawda rx r�d...a..�.e,..�.o-.Y,aeoww�.�,.a�,waa.e aa..,n re,u.,a...,•m••,r•u r«�a r..u,x r,. THENCE n..rlrrl,m.11.•0M..,cur.un.b4.M•••Ira.a.rr.aFon.r.,.Road.,.2lon.m.N,,lea b.,..m Immo.Mu.for.ar..r S}' Trn ,..r...rnrr....elNM.F..,rr..M.«.«b ..r..df.,« .as.,Y..,d,,,,1WM..r,apcY,.«rr•mew. Tam ar r�,,..r�r....a«...a.d,NN.Yb. a.Y.................. 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THEHCA ,ae_,..r uIC....a Mae demo Y,,.e,.Y1• 4 T r, btro , ...l.o.W«.aYrra„ell.rb...r«row«b.o. r „mgr.....ar.Me.eY.a,,,l.r.• 6 TN.n..We•r,.;,r, 56womaW«....cra1Iaa..tle An. ". Yes a..�:b . ra.a,.Mow.61r «a .r.al CM....a r,b im...W..aerr„�rb'THE 4 %.111,er«tl.W«,r�w �.bMMrRrera,rN,«n�kw.«b.�,r,rM.rerMrtl�.. � THENCE ,o.r� Mo.m.W«.eurra,m,lbeAncl m.«b.am.r ,,..o...,.mix..,.rrwtl...Y..nos d,NA le a 'MEN .NLop:orN«a..«gem.W«..mr..,a,..of.*IV,,....«.*lanes a„N.Clio...d..ran rod land b.Wr.r. r d�b; ,..aro.W.van ...,,,,,« « .r.. .Y...a,o,.a2M,.Mmr.a...W.�e...o.,1r. or mi`, .1.0/.,. bwpP.Y 1.l.mv Conroy,.««.ab.Y an cc to w„e.�..w dM.,..r„r.,,..a.r r.,r..rre r.r�ana e.artl.,at L9141«811,O EBB 4e1.00nm0W1.YWOVA.im. 'B gM.O.rM VMubrY Intl G.Wri,w... Awe*et a«matl. nu Q NOW,THEREFORE,KNOW ALL MEN BY THESE PRESENT: 1 THAT.WYLIE LAKES LTD.,Wes hereby adopt this Net designating de Mnln dseaded property as NOL1E LAKES In the Cry of Wylie.Collin County. NNW Cry awN Wee U i I Taxse.md does hereby dedicate to the pudic use foraer Me street rlMled-WeY and public easement shown hereon. r S _ S lei�yz! KB Onset w,x.Cryawlr,T... o.. g0. =j i y STATE OF FTEXAS COL ysa'� COUNTY OF COLLM se undrapes sasses Mcba wyr.T.M,Mnp«, or swan btonra G. r Pubic h end foe de Stet of Texas on Ms day personally appe eat m BEMEW _Gay o mud W arms,WI.. 2222 S whoseBEFO nmeE sMt OWdto NOWy appear. the NMmebMtM Peen sewer room Pe awes.a Nr..Ny ear. p..c..OW.M.... 2.2n r� throw name Is Haddad tico breO.elnWnM and acknowledges to m.that hMMe axes,ded the came brdv PUNsee and coraltlartlM M wow.H.b axe sea PM as...NAP PAW N..,n. 7 T 3 O! awWrr Cm..bycdNro M norm rn..h.m...rbemw. pW[ thereon expressed,amtlhtle CapeCRynwxn atMM: wnrr my mm.�gd P.,a� g� �` GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS_DAY OF_�2000. JOB NU BER Notary Rills In de Slat ofTea cbsesses irr ""ROB N My Conmlea Expiate MyDESIGNE ARM SURVEYORS CERTIFICATE owes Nei..H.rtlem...rie Wlseiu,aaroauw..Mw la a wc.lattca.cry anerp seaawm..m hen DRAWL ARM GKE CHECKED: ORE I,JOHN V.CAITRELL,JR.,do hereby certify the btls-We.papered WO an surrey U de lend and that Me caner monuments shorn harm sere found orplaced under myNpaesdm. 04 PRELIMINARY,THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE. PREUMINARY PLAT FOR REVIEW PURPOSES ONLY OF aJOHN V.CAMTRELL,JR..,R.P.L.S.5000 DATE 04 S WYLIE CITY COUNCIL AGENDA ITEM NO. D. November 11, 2003 Issue Consider and act upon the approval of a resolution authorizing the Mayor to execute a License Agreement between the City of Wylie and Dallas Area Rapid Transit for the installation of four 72- inch drainage pipes crossing the Cotton Belt line. Background The Bachon Townhome project is located south of Fleming and just north of the DART Cotton Belt line. The existing 10'x6' box culvert located under the tracks does not have the required capacity to convey the 100-year design storm for the drainage area. Consequently four 72-inch drainage pipes are being installed to convey the design storm flows. All costs associated with the construction and yearly fees will be paid by the developer. Other Considerations N/A Financial Consideration A $600 yearly fee is required by DART for the storm sewer crossing. The Bachon Townhomes developer has agreed to pay the first five years of the agreement or $3000 upfront and they will be responsible for the yearly fee thereafter. Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval of the proposed Resolution. Attachments Resolution License Agreement Prepared by Revie d y Finance City Man Approval RESOLUTION NO. 2003-18 (R) A RESOLUTION OF THE CITY OF WYLIE AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY OF WYLIE AND DALLAS AREA RAPID TRANSIT FOR THE INSTALLATION OF FOUR 72-INCH DRAINAGE PIPES CROSSING THE COTTON BELT LINE. WHEREAS, the City of Wylie desires to enter into a License Agreement for the purposes of constructing, installing, maintaining, and operating four (4) 72-inch RCP for storm water, (the "Permitted Improvement") crossing the Cotton Belt Line, 905 feet east of Commerce Drive at approximately Mile Post 580.55, Wylie, Collin County, Texas. WHEREAS, the City Council of the City of Wylie has determined the need exits for the approval of this License Agreement to allow for the installation of four (4) 72-inch RCP for storm water as previously described; and WHEREAS, the City Council of the City of Wylie does hereby approve the License Agreement for the purposes of constructing, installing, maintaining, and operating four (4) 72-inch RCP for storm water, (the "Permitted Improvement") crossing the Cotton Belt Line, 905 feet east of Commerce Drive at approximately Mile Post 580.55, Wylie, Collin County, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, that the Mayor is authorized to sign the Standard Construction Agreement and Contractor's Right of Entry. APPROVED: John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Glerni Lynch LA 1 _ . Companies, Inc. Real Estate Development• Construction • Management August 29, 2003 Mr. Chris Hoisted Engineering Dept. City of Wylie Wylie, Texas 75098 (972) 442-8109 RE: Bachon Townhomes Chris, Here is the License Agreement that we discussed on Friday regarding the DART improvement at Bachon Townhomes. The Owner is sending to you the letter regarding payment of the $600.00 annual fees along with a check for$3000.00 for the first 5 years of fees. I will be out of the office until September 09. hi the meantime, please contact Stan Wallace at my office if you need anything regarding this issue. His number at the office is 817-341-1378; his cell number is 817-771-9439. He will get you anything that you might need. The Owner's name is Jay Oji. His office number is 214-342-1400 if you need him. Thank you in advance for your help in this matter. Sincerely, Jiseei 5&-Lir-9 (-. Jeff Hudson Glenn Lynch Companies, Inc. 1675 Fort Worth Highway•Weatherford,Texas 76086 Phone: (817) 341-1378 •Fax: (817) 341-1391 •Email: glynchcos@juno.com AGREEMENT NO. LICENSE AGREEMENT THIS Agreement, by and between DALLAS AREA RAPID TRANSIT ("DART"), a regional transportation authority,created, organized and existing pursuant to Chapter 452,Texas Transportation Code, V.A.T.C.S., as amended(the "Act") and the CITY OF WYLIE ("Licensee"), a Texas municipal corporation acting herein by and through its duly authorized official, whose mailing address is 2000 Highway 78 North, Wylie, Collin County,Texas 75098. WITNESSETH: 1. Purpose. DART hereby grants a license to Licensee for the purposes of constructing, installing, maintaining and operating four (4) 72-inch Class "V" reinforced concrete pipes for drainage of storm sewer water parallel to and with two pipes on either side of the existing 10' x 6' box culvert (the "Permitted Improvement") crossing the Cotton Belt 905 feet east of Commerce Drive at approximately Mile Post 580.55, Wylie, Collin County, Texas, more particularly described as shown in Exhibits "A" and"B"attached hereto and incorporated herein for all pertinent purposes,(the "Property"). The Property shall be used by Licensee solely for the purpose of operating and maintaining the Permitted Improvement(the "Permitted Use"). Licensee's right to enter upon and use the Property shall be limited solely to the Permitted Use and the Permitted Improvement. 2. Term. The term of this License shall begin on the day of March, 2003 (the "Term") and continue thereafter until terminated by either party as provided herein. 3. Consideration. 3.01 The consideration for the granting of this License shall be (a) payment by Licensee to DART the sum of SIX HUNDRED AND NO/100 ($600.00)DOLLARS per annum,payable annually in advance (the "Licensee Fee"), and (b) the performance by Licensee of each of the obligations undertaken by Licensee in this License. a) The adjustment and change in the Basic Rent shall be determined according to the cost of living changes in the Consumer Price Index for All Urban Consumers — (CPI-U), Dallas- Fort Worth, TX., "All Items", as published by the Bureau of Labor Statistics, U.S. Department of Labor(the"CPI Index"). b) The CPI Index figure for the month of March 2003 is hereby fixed and established as the Base Index Figure in the computation of adjustment of rentals herein provided for. At the commencement of each annual period as provided herein, the CPI Index for the month of November of the previous year shall be ascertained and noted and the rent for the next annual period shall be adjusted by increasing or decreasing the Basic Rent,percentage-wise as the CPI Index for the month of November has increased or decreased as compared with the Base Index Figure as herein fixed, PROVIDED HOWEVER, that under no circumstances shall the Basic Rent ever be less than$600.00 per year. c) If any time during the term hereof the U.S. Bureau of Labor Statistics shall discontinue the issuance of the CPI Index, the parties shall use any other standard nationally recognized cost-of-living index for the Dallas-Fort Worth area then issued and available, which is published by the U.S. Government. Cotton Belt/WylieBachon-4-6ftRCP Page 1 of 6 Mile Post 580.55 3.02 Any payment not received by DART by the 10th day after it is due, shall bear a late charge of$25.00 to help offset the administrative cost involved in handling such late payment. 3.03 For any payment not received by DART by the 15th day after it is due, such payment shall bear interest at the rate of 18% per annum from the date it was due until it is paid, in addition to the late charge. 4. Non Exclusive License. This license is non-exclusive and is subject to (a) any existing utility, drainage or communication facility located in, on, under, or upon the Property owned by DART, any Railroad, utility,or communication company, public or private; (b)to all vested rights presently owned by any Railroad,utility or communication company, located within the boundaries of the Property; and (c) to any existing lease, license or other interest in the Property granted by DART to any individual, corporation or other entity,public or private. 5. Design, Construction, Operation and Maintenance. DARTS use of the Property and adjoining property may include the use of electrically powered equipment. Notwithstanding DART's inclusion within its system of measures designed to reduce stray current which may cause corrosion. Licensee is hereby warned that such measures may not prevent electrical current being present in proximity to the Permitted Improvements and that such presence could produce corrosive effects to the Permitted Improvements. 5.01. All design,construction,reconstruction,replacement,removal,operation and maintenance of the Permitted Improvement on the Property shall be done in such a manner so as not to interfere in any way with the operations of DART or other railroad operations. In particular, cathodic protection or other stray current corrosion control measures of the Permitted Improvements as required shall be made a part of the design and construction of the Permitted Improvements. 5.02. During the design phase and prior to commencing any construction on the Property, a copy of the construction plans showing the exact location, type and depth of the construction, any cathodic protection measures and any working area, shall be submitted for written approval to DART and Railroad(the "Railroad",whether one or more.) Such approval shall not be unreasonably withheld. No work shall commence until said plans have been approved by DART. 5.03. By acceptance of this License, Licensee agrees to design and construct the Permitted Improvement in such a manner so as not to create a hazard to the use of the Property,and further agrees to pay any damages which may arise by reason of Licensee's use of the Property under this Agreement. 5.04 By acceptance of this License, Licensee covenants and agrees to institute and maintain a • reasonable testing program to determine whether or not additional cathodic protection of its Permitted Improvements is necessary and if it is or should become necessary, such protection shall be immediately instituted by Licensee at its sole cost and expense. 5.05. Absence of markers does not constitute a warranty by DART that there are no subsurface installations on the Property. 6. Governmental Approvals. Licensee, at its sole cost and expense, shall be responsible for and shall obtain, any and all licenses, permits, or other approvals from any and all governmental agencies, federal, state or local,required to carry on any activity permitted herein. Cotton Belt/Wylie/Bachon-4-6ftRCP Page 2 of 6 Mile Post 580.55 7. DART's Standard Contract and Insurance. No work on the Property shall be commenced by Licensee or any contractor for Licensee until such Licensee or contractor shall have executed DARTs Standard Contractors Agreement covering such work, and has furnished insurance coverage in such amounts and types as shall be satisfactory to DART. A company-issued photo identification of Licensee's employees, contractors or agents shall be required to work on the Property. 8. Duty of Care in Construction. Licensee or its contractor shall use reasonable care during the construction period and thereafter,to avoid damaging any existing buildings, equipment and vegetation on or about the Property and any adjacent property owned by or under the control of DART. If the failure to use reasonable care by the Licensee or its contractor causes damage to the Property or any adjacent property, the Licensee and/or its contractor shall immediately replace or repair the damage at no cost or expense to DART. If Licensee or its contractor fails or refuses to make or effect any such repair or replacement, DART shall have the right, but not the obligation, to make or effect any such repair or replacement at the sole cost and expense of Licensee,which cost and expense Licensee agrees to pay to DART upon demand. 9. Environmental Protection. 9.01. Licensee shall not use or permit the use of the Property for any purpose that may be in violation of any laws pertaining to health or the environment, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), the Resource Conservation and Recovery Act of 1976 ("RCRA"), the Texas Water Code and the Texas Solid Waste Disposal Act. 9.02. Licensee warrants that the Permitted Use of the Property will not result in the disposal or other release of any hazardous substance or solid waste on or to the Property, and that it will take all steps necessary to insure that no such hazardous substance or solid waste will ever be discharged onto the Property by Licensee or its Contractors. 9.03. The terms "hazardous substance" and "release" shall have the meanings specified in CERCLA and the terms "solid waste"and "disposal" (or "disposed") shall have the meanings specified in the RCRA; PROVIDED, HOWEVER, that in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment; and PROVIDED FURTHER, that to the extent that the laws of the State of Texas establish a meaning for "hazardous substance", "release", "solid waste", or "disposal", which is broader than that specified in either CERCLA or RCRA, such broader meaning shall apply. 9.04. Licensee shall indemnify and hold DART harmless against all cost of environmental clean up to the Property resulting from Licensee's use of the Property under this Agreement. 10. Mechanic's Liens Not Permitted. Licensee shall fully pay for all labor and materials used in,on, or about the Property and will not permit or suffer any mechanic's or materialmen's liens of any nature to be affixed against the Property by reason of any work done or materials furnished to the Property at Licensee's instance or request. 11. Maintenance of Completed Improvements. The Permitted Improvement shall be maintained by the Licensee in such a manner as to keep the Property in a good and safe condition with respect to Licensee's use. In the event the Licensee fails to maintain the Property as required, upon discovery, DART shall notify Licensee of such occurrence in writing. In the event Licensee shall not have remedied the failure within ten (10) days from the date of such notice, DART shall have the right, but not the obligation to remedy such failure at the sole cost and expense of Licensee. In the event DART Cotton Belt/Wylie/Bachon-4-6ftRCP Page 3 of 6 Mile Post 580.55 exercises its right to remedy Licensee's failure, Licensee agrees to immediately pay to DART all costs incurred by DART upon demand. • 12. Future Use by DART. 12.01. This license is made expressly subject and subordinate to the right of DART to use the Property for any purpose whatsoever. 12.02. In the event that DART shall, at any time subsequent to the date of this Agreement,at its sole discretion, determine that the relocation of the Permitted Improvements shall be necessary or convenient for DART's use of the Property, Licensee shall, at its sole cost and expense relocate said Permitted Improvements so as not to interfere with DART's or DART's assigns use of the Property. In this regard, DART may, but is not obligated to, designate other property for the relocation of the Permitted Improvements. A minimum of thirty(30)days written notice for the exercise of one or more of the above actions shall be given by DART. 13. Relocation Benefits. The parties hereto agree that the construction of the Permitted Improvements on the Property shall be subsequent to the acquisition of the Property by DART and that the Licensee does hereby waive any and all claim that it may have under the Act, or otherwise, regarding the payment of any and all relocation benefits and that all costs associated with any relocation of such Improvements shall be borne by the Licensee. 14. Duration of License. This license shall terminate and be of no further force and effect (a) in the event Licensee shall discontinue or abandon the use of the Permitted Improvements; (b) in the event Licensee shall relocate the Permitted Improvements from the Property; (c) upon termination in accordance with paragraph 19 of this Agreement,whichever event first occurs. 15. Compliance With Laws and Regulations. Licensee agrees to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the Licensee and by railroad regulations, policies and operating procedures established by the Railroad, or other applicable railroad regulating bodies, and Licensee agrees to indemnify and hold DART harmless from any failure to so abide and all actions resulting therefrom. 16. Indemnification. 16.01. Licensee shall defend, protect, and keep DART and the Railroad forever harmless and indemnified against and from any penalty or damage or charge imposed for any violation of any law, ordinance, rule or regulation arising out of the use of the Property by Licensee, its employees, officers, agents, contractors,or assigns,or those holding under Licensee; 16.02. Licensee shall at all times protect, indemnify and it is the express intention of the parties hereto that Licensee hold DART and the Railroad harmless against and from any and all loss, cost, damage or expense, including attorney's fees, arising out of or from any accident or other occurrence on or about said Property resulting from use of the Property by Licensee, its officers, employees,agents, customers and invitees; 16.03. Licensee shall at all times protect, indemnify and hold DART and the Railroad harmless against and from any and all loss, cost, damage or expense, including attorney's fees arising out of any failure of Licensee, its employees,officers, agents,contractors or assigns in any respect to comply with and perform all the requirements and provisions hereof. Cotton Belt/WylieBachon-4-6ftRCP Page 4 of 6 Mile Post 580.55 17. Action Upon Termination of License. At such time as this license may be terminated or canceled for any reason whatever, Licensee, upon request by DART, shall remove all improvements and appurtenances owned by it, situated in, under or attached to the Property and shall restore the Property to the condition satisfactory to DART,at Licensee's sole expense. 18. Assignment. Licensee shall not assign or transfer its rights under this Agreement in whole or in part, or permit any other person or entity to use the License hereby granted without the prior written consent of DART which DART is under no obligation to grant. 19. Methods of Termination. This Agreement may be terminated in any of the following ways: 19.01 Written Agreement of both parties; 19.02. By either party giving the other party thirty(30)days written notice; 19.03. By either party, upon failure of the other party to perform its obligations as set forth in this Agreement. 20. Miscellaneous. 20.01. Notice. When notice is permitted or required by this Agreement, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid, in the U.S. Mail,Certified, Return Receipt Requested, and addressed to the parties at the following addresses: LICENSOR: Dallas Area Rapid Transit OR 1401 Pacific Avenue P. O.Box 660163 Dallas,Texas 75202 Dallas,Texas 75266-7210 ATTN: Railroad Management LICENSEE: CITY OF WYLIE 2000 Highway 78 North Wylie,Texas 75098 4mj:C►T' 1-Mk,4 4Ei 20.02. Attorney Fees. Any signatory to this Agreement who is the prevailing party in any legal proceeding against any other signatory brought under or with relation to this Agreement shall be entitled to recover court costs and reasonable attorney fees from the non-prevailing party. 20.03. Governing Law. This Agreement shall be construed under and in accordance with the laws of the State of Texas. 20.04. Entirety and Amendments. This Agreement embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, relating to the Property and the matters addressed herein, and may be amended or supplemented only by a written instrument executed by the party against whom enforcement is sought. 20.05. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the executing parties and their respective heirs,personal representatives,successors and assigns. 20.06. Number and Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender; and words in the singular shall include the plural and vice versa, unless the text clearly requires otherwise. Cotton Belt/Wylie/Bachon-4-68RCP Page 5 of 6 Mile Post 580.55 IN WITNESS WHEREOF,the parties have executed this Agreement in multiple originals this day of , 2003. LICENSOR: DALLAS AREA RAPID TRANSIT BY: KATHRYN D. WATERS Vice President Commuter Rail&Railroad Management LICENSEE: CITY OF WYLIE BY: Printed Name: Title: Cotton Belt/Wylie/Bachon-4-6ftRCP Page 6 of 6 Mile Post 580.55 EXHIBIT "A" — s 3 sk s s s 3 st s � - s i1t h.-...- 7..; 1 c Ar N m-fa utonmot rmNAgw i o- a e i i' m1 . l4 w 1 ! t f1 3 I 1 3 3 S 1 3 1 3 . i 3 3 .r \ll -r.=��......L ' illAll- PrIdal ill - I ler,—vie , N I r.wan YY'' ,� t itaifillikif ,>-- I fm,.., i' ?' '. f f -1 §. . ow i , k s ip/ . i 8 - t it r - O r'�I l i I I 1 , , s A s .„ r ,,, . , .., , E, / 1 . ,, , s 11 {, �}��P 3;1.1 ; I: Si Win& ii 11 1z - O1Itil'.!I!j fi!t�1 "5 17 P ...t.( '' i) /(11 'P#r 00000`, ,/A j l : 3 (4:11,4,g II I / 41illa 111 - . � .y /�I�i'I/ �/LIL' d1 It I'likS\ ` ifillOilitEIMIIIIIMIIIIIIIIIIIIfi ,, rn] : Al '''.11-# '.-- -. .<_ r,�,�,,.,,, pt-.:_,�'\\ _ IIIIIIIiiiPe111�•_.rl 1111/111 .Ilir�lIIIII l - c_t-74.%:.-:-_------ - .17`: iiiiiI11i!iiIiIiiIiIi; lilk'I 1llErillc41N. 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R90L.RERY- st.� i -1I • _ INIIIIMIMMI _• fir,,,y 4..rr Yr.r w.rr•r...r run run un w I-M2 Ma.1.101 11 .„ •••• I r >r.•..•••w r•.r••r•r.+..•r.w•+run .111111 r ,- "Wilk • ..•`ry.1 Ir r.••••..•.i...M...r Y r Y.r. v./'.■11"■�'.I g L run.•d*.3.•+rr•r•run r.+•..`run w I�\ER]!� r wwar.rare oy� _- .,..niAmoi.•Oa dm ..r'wa•Nam .0 .1 Oa 1•>I _ .�.I.0 I.I�m..I.,'I.wwi'1k Yr•IIIIIIIIIIIIM ' Y Y 4'YY..le W.r•~r..0 r nomad w•.r•.•r F .run _.11I■iJ%■i�■r■■.1il■II ay SECTION.C.-‘C. •r.r r.rr•••ai.•••r rem rr.rr.•rrrr.r T—I r r.• HEADWALL DETAM.S 2 wr .\DM _ _ _ hPICAL YANG EI�VATICN • t� NATHAN O.MAIER w4u Y. i *�1 maurowY.Fsanc BACHON TOWNHOUSES an ar�mrt T_. ?e ram. r-r. ••��--..''�y _..Y..,wrM�..•,.r r_ I y..f..Y..I YY M f.M••.•1 wb4 ` P`Y 1 Or'.rr'IaY.IW4r••aN. WYLIE CITY COUNCIL AGENDA ITEM NO. E. November 11, 2003 Issue Consider and act upon the award of a contract for paving and utility improvements along Cotton Belt, Jackson, and Cooper Streets to Rycon, Inc. in the amount of$308,659.00. Background Utility improvements along Cotton Belt, Jackson and Cooper were identified in the FY2003 budget. Recent development at the corner of FM 544 and Cooper Drive replaced approximately 300-feet of water line along Cooper and the proposed improvements include the replacement of the remaining 1,530 feet. Improvements along Cotton Belt and the adjacent alley include the replacement of 1,600 feet of 8- inch sewer line, 2,060 feet of 8-inch water line, and 1,250 feet of concrete curb and gutter. The City will re-asphalt the street using the yearly asphalt contract after the sewer and curb improvements are completed. The Jackson Street improvements include approximately 2,050 feet of 8-inch water line replacement. On October 29, 2003 a total of seven (7) bids were opened for the project. Rycon, Inc. submitted the low base bid in the amount of$308,659.00. One alternate was bid for the project;however,the City can install the alternate bid item at a cheaper price using the yearly asphalt contract with APAC. The references for the contractor have been contacted and nothing would indicate that they are incapable of fulfilling the requirements of the contract. Rycon completed the reconstruction of the alleys along Ballard Street in May 2002. Financial Considerations A summary of the funding sources is shown below: Summary of Funding (FY2004 Budget) Cotton Belt asphalt $156,000 Cotton Belt water line $125,000 Cotton Belt sewer line $118,000 Jackson water line $150,000 Cooper water line $110,360 Total $659,360 The projected project fees are shown below: Projected Project Costs Engineering $46,500 Construction $309,000 Cottonbelt Asphalt $30,000 Materials Testing $5,000 Total $390,500 Other Considerations The solicitation of competitive sealed bids was conducted in accordance with Chapter 252.021 of the Texas Local Government Code. Board/Commission Recommendations N/A Staff Recommendations Staff recommends that Council award a contract to Rycon Inc. to provide all equipment, labor and materials for paving and utility improvements along Cotton Belt, Jackson, and Cooper Streets. Attachments Recommendation Letter from The Hogan Corporation Bid Summary ArifAIMIP Prepared by Reviewed by Finance City Ma ''Approval 11/04/03 15:25 FAX 972 380 4833 nit, HOGAN CORPORATION 4 WYLIE-HOLSTED ld]001 THE HOGAN CORPORATION Engineers • Planners • Consultants November 4,2003 Mr. Biff Johnson City Manager City of Wylie 2000 Hwy.78 North Wylie,TX 75098 Attention: Chris Hoisted,P.E. Re: Misc.Improvements along Cottonbelt Ave.,Jackson Ave., and Cooper Dr. THC#002-64.20 Dear Mr.Johnson: On October 29,2003,a total of seven(7)bids for the referenced project were received in your offices and opened. Rycon,Inc.(Rycon)submitted the apparent low base bid in the amount of $308,659.00. All bid submittals have been subsequently reviewed and tabulated. Minor mathematical errors were detected in the Rycon,Quantum Contracting,and Saber Development bids;no change in ranking of bidders occurs with the corrected amounts. A copy of the bid tabulation is attached. We reviewed qualification information submitted by Rycon,and contacted several of the references provided. Based on our review of the qualification information submitted we see no , reason to believe that Rycon would be incapable of performing this work. Alternate bids were also received for furnishing and installing asphalt on Cottonbelt Ave. The City currently has an annual contract with APAC for providing asphalt for a lower unit price than was submitted in the alternate. It is therefore recommended that the City of Wylie award the project to Rycon without the alternate bid for their low base bid for$308.659.00.Please let us know if there are any comments or questions. Very truly yours, THE HOGAN CORPORATION fillai Paul Duncan,P.E. • Vice President Enclosures asMember, Consulting Engineers Council of Texas 18333 Preston Road, Suite 455 Member, American Consulting Engineers Council Dallas. Texas 75252 TEL: [972]380-4646 FAX: (972) 360A633 Bids Received. City of Wylie October 29,2003,2 p.m. Miscellaneous Improvemetns along Cottonbelt Ave. Jackson Ave.,and Cooper Dr BID SUMMARY Rycon,Inc. Osage Aggegrates P 8 E Contractors Camino Const. Quantum Contracting Saber Dev. Cullum Pipe Item Est. # Qty. Unit Description Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Jackson Water 1 1,665 L.F. Fumish and install 8-inch PVC(DR.18)C-900 water line, $24 00 $39,960.00 $18.00 429,970.00 $30.00 $49,950.00 $30.00 $49,950.00 $33.62 $55,977.30 $40.00 566,600.00 $41.50 $69,097.50 Including embedment 2 2 Ea. Furnish and install 8-inch gate valve $625.00 $1,250.00 $800.00 $1,600.00 $700.00 $1,400.00 5800.00 $1,600.00 $618.90 $1,237.80 $725.00 $1,450.00 $880.00 $1,760.00 3 19 Ea. Replace existing services whir new 1'service 5350.00 $6,650.00 $350.00 56,650.00 $350.00 $6,650.00 $550.00 $10,450.00 $532.33 $10,114.27 $405.00 $7,695.00 $570.00 $10,830.00 4 2 Ea. Furnish and install 1-inch water service and relocation of $385.00 $770.00 $500.00 51,000.00 $500.00 $1,000.00 $620.00 $1,240.00 $553.20 $1,106.40 $320.00 $640.00 $660.00 $1,320.00 existing water meter 5 1 Ea. Fumish and install standard fire hydrant assembly 52,000.00 $2,000.00 $2,300.00 $2,300.00 $2,000.00 $2,000.00 $2,600.00 $2,600.00 $1,904.66 $1,904.66 $2,325.00 $2,325.00 $2,700.00 $2,700.00 6 2 Ea. Disconnect and reconnect standard fire hydrant assembly $900.00 $1,800.00 $500.00 $1,000.00 $150.00 $300.00 $1,000.00 $2,000.00 $537.48 $1,074.96 5400.00 $800.00 $2,100.00 54,200.00 7 6 Ea. For connection to existing waterline 51,000.00 $6,000.00 $500.00 $3,000.00 $150.00 $900.00 5250.00 $1,500.00 $71556 $4,29336: $450.00 $2,700.00 $490.00 $2,94000 8 130 S Y. For sawcut,removal,and replacement of existing asphak $18.00 $2,340.00 $30.00 $3,900.00 $27.00 $3,510.00 $25.00 $3,250.00 $30.00 $3,900.00 $55.00 $7,150.00 $75.00 $9,750.00 pavement 9 95 S.Y. For sawcut,removal,and replacement of existing $35.00 53,325.00 $50.00 $4,750.00 $43.00 $4,085.00 $35.00 $3,325.00 $50.00 $4,750.00 $6000 $5,700.00 $98.00 $9,310.00 concrete driveways 10 20 L.F. For sawcut,removal,and replacement of existing $20.00 $400.00 $30.00 $600.00 $18.00 $360.00 $22.00 $440.00 $40.00 $800.00 $19.00 $380.00 $30.00 $600.00 concrete curb and gutter 11 10 S.Y. For sawcut,removal,and replacement of existing $30.00 $300.00 $45.00 $450.00 $5.20 $52.00 $27.00 $270.00 $50.00 $500.00 $4750 $475.00 $33.00 $330.00 concrete sidewalk 12 360 S.Y. For furnishing and installing sod 54.00 $1,440.00 $3.00 $1,080.00 $4.00 $1,440.00 $5.00 $1,800.00 $5.00 $1,800.00 $5.00 $1,800.00 $10.00 $3,600.00 13 1,665 L.F. For furnishing and maintaining trench safety system $1.00 $1,665.00 $1.00 $1,665.00 $1.00 $1,665.00 $0.15 $249.75 $1.94 $3,230.10 $1.00 $1,665.00 $0.10 $166.50 Jackson Water Subtotal $67,900.00 $57,965.00 573,312.00 $78,674.75 $9068985. $99,380.00 $116,604.00 Cooper Water 14 855 L.F. Fumish and install 8-inch PVC(DR-18)C-900 water line, $25.00 $21,375.00 $18.00 515,390.00 $30.00 $25,650.00 $35.00 $29,925.00 $33.54 $28,676.70 $40.00 $34,200.00 $62.60 $53,523.00 including embedment 15 2 Ea. Furnish and install 8-inch gate valve $625.00 $1,250.00 $800.00 $1,600.00 $700.00 $1,400.00 $800.00 $1,600.00 $606.90 $1,213.80 $725.00 $1,450.00 $880.00 $1,760.00 16 1 Ea. Fumish and install 8-inch plug $300.00 $300.00 $150.00 $150.00 $350.00 $350.00 $185.00 $185.00 $401.40 $401.40 $175.00 5175.00 $130.00 $130.00 17 9 Ea. Replace existing services with new 1'service $350.00 $3,150.00 $350.00 $3,150.00 $350.00 $3,150.00 $620.00 $5,580.00 $532.00 $4,788.00 $385.00 $3,465.00 5570.00 $5,130.00 18 2 Ea. For removal of existing fire hydrant(retum to City) $200.00 $400.00 $500.00 $1,000.00 $100.00 $200.00 $130.00 $260.00 $275.00 $550.00 $125.00 $250.00 $640.00 $1,280.00 19 2 Ea. Furnish and install standard fire hydrant assembly 52,000.00 $4,000.00 $2,300.00 $4,600.00 $2,000.00 $4,000.00 $2,600.00 $5,200.00 $1,904.66 $3,809.32 $2,325.00 $4,650.00 $2,700.00 $5,400.00 20 1 E. Disconnect and reconnect standard fire hydrant assembly $800.00 $800.00 $500.00 $500.00 $150.00 $150.00 $1,000.00 $1,000.00 $564.50 $564.50 $400.00 $400.00 $2,100.00 $2,100.00 21 1 Ea. For connection to existing waterline $1,000.00 $1,000.00 $500.00 $500.00 $150.00 $150.00 $250.00 $250.00 $726.80 $726.80 $350.00 $350.00 $480.00 $480.00 22 3 Ea. Removal and replacement of existing mailbox 5100.00 $300.00 $100.00 $300.00 575.00 $225.00 $150.00 $450.00 $60.00 $180.00 $450.00 $1,350.00 $115.00 $345.00 23 130 S.Y. For sawcut,removal,and replacement of existing $35.00 54,550.00 $50.00 56,500.00 $43.00 $5,590.00 $35.00 54,550.00 $50.00 $6,500.00 $60.00 $7,800.00 $103.00 $13,390.00 concrete driveways 24 100 S Y.For furnishing and installing sod $4.00 $400.00 $3.00 $300.00 $4.00 $400.00 $5.00 $500.00 $5.00 $500.00 $5.00 $500.00 $10.00 $1,000.00 25 855 L.F. For furnishing and maintaining trench safety system $1.00 $855.00 $1.00 $855.00 $1.00 5855.00 $0.15 $128.25 $1.94 $1,658.70 $1.00 $855.00 $0.10 $85.50 Cooper Water Subtotal $38,380.00 $34,845.00 $42,120.00 $49,628.25 $49,569.22 555,445.00 $84,623.50 Cottonbelt Sanitary Sewer 26 1,580 L.F. Fumish and install 8-inch PVC SDR-35 sewer pipe,all $25.00 $39,500.00 $18.00 $28,440.00 $30.00 $47,400.00 $34.00 $53,720.00 $32.93 $52,029.40 $47 75 $75,445.00.: $45.80 $72,364.00 depths,including embedment 27 4 Ea. Remove and replace existing manholes with 4-foot $2,000.00 $8,000.00 $2,500.00 $10,000.00 $2,500.00 $10,000.00 $2,500.00 $10,000.00 $1,888.86 $7,555.44 $1,900.00 $7,600.00 $2,900.00 $11,600.00 diameter standard manhole 28 2 Ea. Furnish and instal14-footdiamter standard manhole,all 51,850.00 $3,700.00 $2,000.00 $4,000.00 $2,200.00 $4,400.00 $2,503.00 $5,006.00 $1,728.53 $3,457.06 $1,750.00 53,500.00 $2,400.00 54,800.00 depths 29 13 Ea. For disconnection and reconnection of existing sanitary $300.00 $3,900.00 $300.00 $3,900.00 $350.00 $4,550.00 $715.00 $9,295.00 $668.87 58,695.31 $250.00 $3,250.00 $850.00 $11,050.00 sewer services 30 1,580 L.F. For furnishing and maintaining trench safety system $2.00 $316000: 51.00 $1,580.00 $1.00 $1,580.00 $0.15 $237.00 $1.94 $3,065.20 $2.00 $3,160.00 $0.10 $158.00 Cottonbelt Sanitary Sewer $5826000'. $47,920.00 $67,930.00 $78,258.00 $74,802.41 $92,95.5.:00 $99,972.00 THC 002-64.20 THE HOGAN CORPORATION Page 1 City of Wylie Bids Received: October zs,2003,2 p.m Miscellaneous Improvemetns along Cottonbelt Ave Jackson Ave.,and Cooper Dr BID SUMMARY Rycon,Inc. Osage Aggegrates P&E Contractors Camino Const. Quantum Contracting Saber Den. Cullum Pipe Item Est. N Oty. Und Description Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Pnce Amount Jackson Water Cottonbclt Water 31 2,080 L.F. Furnish and install 8-inch PVC(DR-18)C-900 water line, $24.00 $49,92000 $16.00 $33,280.00 $32.00 $66,560.00 $30.00 $62400.00 $33.78 $70,262.40 $39.00 $81,120.00 $37.30 $77,584.00 including embedment 32 6 Ea. Fumish and install 8-inch gate valve $650.00 $3,900.00 $800.00 $4,800.00 $700.00 $4,200.00 $80000 $4,800.00 $621.94 $3,731.64 $725.00 $4,350.00 $880.00 $5,280.00 33 20 L.F. Fumish and install concrete encasement $12.00 $240.00 $30.00 $600.00 $10.00 $200.00 $25.00 $500.00 $18.51 $370.20 $30.00 $600.00 $90.00 $1,800.00 34 26 Ea. Replace existing services with new 1*service $350.00 $9,100.00 $300.00 $7,800.00 $350.00 $9,100.00 $550.00 $14,300.00 $492.95 $12,816.70 $375.00 $9,750.00 $570.00 $14,820.00 35 2 Ea. Fumish and install 1-inch water service and relocation of $400.00 $800.00 $400.00 $800.00 $500.00 $1,000.00 $700.00 $1,400.00 $614.70 $1,229.40 $410.00 $820.00 $660.00 $1,320.00 existing water meter 36 1 Ea. Furnish and install standard fire hydrant assembly $2,35000 $2,350.00 $2,300.00 $2,300.00 $2,000.00 $2,000.00 $2,600.00 $2,600.00 $1,904.66 $1,904.66 $2,325.00 $2,325.00 $2,700.00 $2,700.00 37 3 Ea. For connection to existing waterline $1,000.00 $3,000.00 $675.00 $2,025.00 $150.00 $450 00 $250.00 $750.00 $734.00 $2,202.00 $350.00 $1,050.00 $490.00 $1,470.00 38 20 SY. For sawcut,removal,and replacement of existing $50.00 $1,000.00 $60.00 $1,200.00 $45.00 $900.00 $35.00 $700.00 $50.00 $1,000.00 $62.50 $1,250.00 $95.00 $1,900.00 concrete driveways 39 45 S.V. For sawcut,removal,and replacement of existing $30.00 $1,350.00 $45.00 $2,025.00 $5.20 $234.00 $27.00 $1,215.00 $50.00 $2,250.00 $47.50 $2,137.50 $33.00 $1,485.00 concrete sidewalk 40 200 S.V. For famishing and installing sod $4.00 $800.00 $3.00 $600.00 $4.00 $800.00 $5.00 $1,000.00 $5.00 $1,000.00 $5.00 $1,000.00 $10.00 $2,000.00 41 2,080 L.F. For furnishing end maintaining trench safety system $1.00 $2,080.00 $1.00 $2,080.00 $1.00 $2,080.00 $0.15 $312.00 $1.94 $4,035.20 $1.00 $2,080.00 $0.10 $208.00 CottonbeN Water Subtotal $74,540.00 $57,510.00 $87,524.00 $89,977.00 $100,802.20 $106,482.50 $110,567.00 Cottonbett Paving 42 3,650 S.V. For milling and removal of 5-inches of existing pavement $4.00 $14,600.00 $6.00 $21,900.00 $5.00 $18,250.00 $2.65 $9,672.50 $4.00 $14,600.00 $4.75 $17,337.50 $3.20 $11,680.00 43 17 Tons Fumish cement stabilization $110.00 $1,870.00 $110.00 $1,870.00 $100.00 $1,700.00 $125.00 $2,125.00 $125.00 $2,125.00 $165.00 $2,805.00 $151.00 $2,567.00 44 4,510 S.V. Install6%cement stabilization(6-inch depth) $2.50 $11,275.00 $4.00 $18,040.00 $3.50 $15,785.00 $1.53 $6,900.30 $2.00 $9,020.00 $3.00 $13,530.00 $3.00 $13,530.00 45 2,135 L.F. Remove and replace of 30-inch concrete curb and gutter, $73.40 $28,609.00 $30.00 $64,050.00 $20.00 $42,700.00 $20.00 $42,700.00 $17.00 $36,295.00 $21.00 $44,835.00 $16.00 $34,160.00 all depths 46 275 SY. For sawcut,removal,and replacement of concrete $35.00 $9,62500 $56.00 $15,400.00 $45.00 $12,375.00 $35.00 $9,625.00 $45.00 $12,375.00 $65.00 $17,875.00 $95.00 $26,125.00 pavement 47 120 S.V. For sawcut,removal and replacement of concrete $30.00 $3,600.00 $50.00 $6,000.00 $45.00 $5,400.00 $35.00 $4,200.00 $45.00 $5,400.00 $60.00 $7,200.00 $95.00 $11,400.00 Cottonbelt Paving Subtotal $69,579 00.' $127,260.00 $96,210.00 $75,222.80 $79,815.00 $103,582.50 $99,462.00 Total Base Bid $308,659.05 $325,500.00 $367,096.00 $371,760.80 $395,67768: 9457•,945,0Q: $511,228.50 Alternate Bid(Paving) Al 3,650 S.Y. Fumish and install 2-1/2 inches Type D Hot-Mix Asphak $11.00 $40,150.00 $7.90 $28,835.00 $24.00 $87,600.00 $7.55 $27,557.50 $8.00 $21,900.00 $7.45 $27,192.50 $7.60 $27,740.00 Total Base Bid+Cottonbek Paving M.Bid $348,808 QO $354,335.00 $454,696.00 $399,318.30 $417,577.69. $486 037.SD. $538,968.50 THC 002-64.20 THE HOGAN CORPORATION Page 2 WYLIE CITY COUNCIL AGENDA ITEM NO. F. November 11, 2003 Issue Consider and act upon authorizing the law firm of Abernathy Roeder Boyd & Joplin to file a Declaratory Judgment concerning the Deed to City Hall property. Background In order to clarify the status of the Deed to the City Hall property, it is necessary to file a Declaratory Judgment requesting a formal ruling on the property. Approval of this item will authorize the City Attorney to file the Petition for Declaratory Judgment. Other Considerations N/A Financial Consideration N/A Board/Commission Recommendations N/A Staff Recommendations N/A Attachments N/A Prepared y Review by inane City Man pproval WYLIE CITY COUNCIL AGENDA ITEM NO. G. November 11, 2003 Issue Consider and act upon adoption of a Resolution establishing Rules of Procedures for City Council meetings. Background During the August 26, 2003 meeting, the City Council discussed a draft proposal of Rules of Procedures which would govern the procedures and conduct of City Council meetings. Per Council direction, staff met with the City Attorney to review the procedures. At his recommendation, several sections of the original draft have been omitted in order to eliminate redundancy with State Law, Charter, or City Code. The Rules will formally establish Council's policy regarding citizen participation, the appropriate process for submitting material to the Council, the conduct of the Council, and the process for calling special meetings and for placing items on the agenda. Other Considerations N/A Financial Consideration N/A Board/Commission Recommendations N/A Staff Recommendations N/A Attachments Resolution P pared b Revi d y Finance City Manager '1 •val RESOLUTION NO. 2003-20 (R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ADOPTING RULES OF PROCEDURE FOR THE CONDUCT OF ITS MEETINGS; AND REPEALING ALL OTHER RESOLUTIONS OR PARTS OF RESOLUTIONS INCONSISTENT OR IN CONFLICT HEREWITH. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY WYLIE, TEXAS: Section 1. The following rules of procedure shall govern all meetings and proceedings of the City Council of the City of Wylie, and the conduct of all members and other persons in attendance at such meetings. Rule 1. Meetings, Regular and Special (A) The City Council shall meet in the Council chambers of the City hall on the second and fourth Tuesdays of each month, commencing at 6:00 p.m. In the event a Tuesday falls on a holiday, the meeting for that day shall be rescheduled as determined by Council. Any meeting of Council may be recessed from hour to hour for a period of time not to exceed 24 hours, by an affirmative vote of 4 or more members of Council present at such meeting, and such recessed meeting shall be held without further posted notice. (B) Other special meetings shall be held on the call of the Mayor or of four (4) or more Councilmembers. The agenda for such meetings shall be established at the discretion of those calling the meeting. (C) Items may be added to an agenda at the request of two (2) or more Councilmembers. Rule 2. Chairman and Call to Order The Mayor, or in his/her absence the Mayor Pro-Tem, shall preside at all meetings of the Council. If the Mayor and the Mayor Pro-Tem are absent, any Councilmember may be appointed by the Mayor or a majority of the Council to preside. At the hour of the meeting, the Mayor shall call the Council to order, and the City Secretary shall record the roll. Rule 3. Conduct of Mayor and Councilmembers Any member of the Council, including the Mayor, who fails to observe decorous and orderly behavior during a meeting, or who disturbs a meeting of Council with such disorderly conduct, is subject to being expelled from such meeting upon motion passed by 2/3 vote of the Council present at the meeting. Any member reprimanded by motion or expelled from a meeting by motion who thereafter commits another breach of decorous and disorderly behavior during a subsequent meeting shall be subject to the same power of Council to reprimand him/her, expel him/her from the meeting, or subject such member to complaint, investigation, and conviction of official misconduct. Rule 4. Handling of Question of Order All questions of order shall be decided by the presiding officer with the right of appeal of his/her decision by the City Council, and a majority of the Councilmembers present may over-rule the decision of the chair. When the chair makes a ruling on a point of order and one of the Councilmembers states, "I appeal the ruling of the chair," or words to such effect, no other business shall be transacted until the question, "shall the ruling of the chair be sustained?" is voted on. The presiding officer shall immediately put such question to vote without debate, and, if he/she fails to do so immediately, any member of the City Council may put the question to a vote. Rule 5. Procedure for Submitting Agenda Items Any and all ordinances, resolutions or other matters, including all written data, except emergency items, to be brought before the City Council for its consideration by the Mayor or by two (2) or more members of the Council, shall be submitted to the City Secretary not later than 2:00 p.m. of the Monday, the week preceding the meeting at which the same is to be considered. Rule 6. Motion to Table Since the Council has regularly scheduled meetings, a motion to table, when carried, does not permanently defeat an ordinance, resolution, motion, or other measure. If such ordinance, resolution, motion, or other measure is tabled by a majority vote of the Council, such ordinance, resolution, motion, or other measure, if not sooner removed from the table, must be removed at the third meeting, and acted upon, even if only to place the item on the table again. Rule 7. Closing of Debate If, during debate upon any ordinance, resolution, motion or other matter before the Council, any member moves that the subject under discussion be put to a vote without further debate (and such a motion need not be seconded), the presiding officer shall immediately ask the Council, "is there any objection to proceeding to a vote on the ordinance, resolution, motion, or other measure before the Council being taken immediately?" If any member objects, the presiding officer shall immediately and without debate put the question, "shall the subject being discussed be put to a vote, without debate?" To a vote of the Council, and if a majority of the Councilmembers present vote in favor of ordering the vote, debate on the question shall be closed and a vote on the ordinance, resolution, motion or other measure taken immediately. Resolution#2003-20(R) 2 City Council Rules and Procedures Rule 8. Reducing Motion to Writing All oral motions must be seconded before being put to vote by the chair (except where otherwise provided in these rules), and upon request of any other member of the Council, or Mayor, the party making any such oral motion (except a motion to order a vote on a subject being considered per rule 10 or to table, or other such procedural matter) shall reduce the same to writing, or request the City Secretary to do the same. If a motion be made by any member of the Council in writing and filed with the presiding office, it shall still require a second. Rule 9. Citizens' Right to be Heard Any citizen shall have a reasonable opportunity to be heard at any and all regular meetings of the City Council in regard to any and all matters to be considered at any such meeting, or such other matters as citizens may wish to bring to Council's attention; provided, however, any matter not posted on the agenda may not be discussed by Council, nor shall any action be taken by Council, except to indicate that the matter may be placed on a later agenda. A time shall be set aside during each Council meeting for the Council to hear from the public, such designated time not to exceed three (3) minutes per person, or six (6) minutes if the individual represents a group. The Mayor shall retain the discretion to further limit or increase this time for public comments on agenda items. Citizen comments on agenda items will be heard during the discussion of those agenda items. Citizen comments pertaining to none agenda items will be heard during the Citizen Participation portion of the meeting. Any written information brought by a citizen pertaining to agenda items or other issues must be presented to the City Secretary's Office by the Monday, the week preceding the Council Meeting so that staff and council may review the materials. Citizens attending any regularly scheduled meeting may speak before Council by completing a form and presenting it to the City Secretary prior to the beginning of such meeting. Citizens may also request to be placed on the agenda to appear before Council by making a request to the City Secretary prior to any regularly scheduled meeting. Such request must be received by the City not later than two o'clock (2:00) p.m. on the Monday preceding the next scheduled Council meeting. In addition, citizens may request a Council member to place an item on the agenda. It is the Council's goal that citizens resolve their complaints for service or regarding employees' performance at the staff level. However, it is recognized that citizens may from time to time believe it is necessary to speak to Council on matters of concern. In view of that, Council expects any citizen to speak in a civil manner, with due respect for the decorum of the meeting, and with due respect for all persons attending. Any citizen requesting to speak shall limit him or herself to matters of fact regarding the issue of concern. Personal attacks made publicly toward any citizen or city employee are not allowed. Citizens are encouraged to bring their complaints regarding employee performance through the supervisory chain of command in accordance with the City's Personnel Policies. Complaints regarding an employee's performance of duty will not be heard unless it has first been submitted in writing, a written response has been received within a reasonable period of time, and the citizen is still not satisfied with the response. Complaints regarding any matter Resolution#2003-20(R) 3 City Council Rules and Procedures pending before federal, state, county or municipal court as a result of an enforcement action by a city employee or in a civil suit will not be heard. No member of the public shall be heard until recognized by the presiding officer. Any member of the public interrupting City Council proceedings, approaching the dais without permission, otherwise creating a disturbance, or failing to abide by these rules of procedure in addressing City Council, shall be deemed guilty of disrupting a meeting (section 42.5, Penal Code, Class B, Misdemeanor) and, at the direction of the presiding officer, shall be removed from Council chambers by the sergeant-at-arms or other agent designated by City Council. Any citizen shall be entitled to visit City hall, during regular business hours, and inspect all past Council meeting minutes, City audits, and the agenda to be considered by the Council in advance of the meeting and inform himself or herself as to the matters to be considered. Rule 10. Suspension of Rules of Procedure Any one or all of these rules of procedure may be suspended in order to allow a particular consideration of a matter, provided that it does not violate the state law or home rule charter, and provided that not less than two-thirds Councilmembers vote in favor of such suspension. Where any rule embodies a provision of state law, identically or in substance, such rule may not be suspended. Rule 11. Rules of Procedure Except where in conflict with any state law, City charter, City ordinance or the rules of procedure adopted by this resolution, the rules of procedure laid down in Robert's Rules of Order, 10th Edition, shall govern the proceedings of the City Council. Section 2. City of Wylie, Collin/Dallas/Rockwall Counties, Texas, all other resolutions or parts of resolutions inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. PASSED, APPROVED, AND RESOLVED by the City Council of the City of Wylie, Texas on this the 11th day of November, 2003. John Mondy Mayor ATTEST: Carole Ehrlich, TRMC City Secretary Resolution#2003-20(R) 4 City Council Rules and Procedures WYLIE CITY COUNCIL AGENDA ITEM NO. 1. November 11, 2003 Issue Consider and act upon a request from the Downtown Merchant's Association regarding access and construction of Highway 78 Background Representatives of the Downtown Merchants Association have met with staff and some Councilmembers to discuss concerns regarding the proposed access associated with the current Highway 78 construction. A spokesperson from the Association will be making a presentation to the Council and requesting that action be taken regarding their recommendations for changes to the current construction plans. Other Considerations N/A Financial Consideration N/A Board/Commission Recommendations N/A Staff Recommendations N/A Attachments N/A . fir, , Prepared b Review by ' inance City Man Approval WYLIE CITY COUNCIL AGENDA ITEM NO. 2. November 11, 2003 Issue Consider and act upon the approval of a resolution authorizing the Mayor to execute an agreement with the Kansas City Southern Railway Company for grade crossing improvements at McCreary Road. Background The city limits between Wylie and Murphy generally coincide with the center of McCreary Road. The south bound lanes (City of Murphy) are completed except for the railroad crossing just north of FM 544 and approximately 200 feet of paving. The attached agreement will authorize the KCS to install the necessary signalization and road improvements at the crossing as well as upgrades to the crossing on the north bound lanes (City of Wylie). The total project cost is $314,306.00 and the City of Murphy has requested a reimbursement of $38,413.00 from the City of Wylie for the installation of the concrete road crossing on the north bound lanes. Staff will bring forward an Interlocal agreement with the City of Murphy at a later date if any cost reimbursement is necessary. Approval of the agreement will authorize the KCS to begin construction of the crossing. The agreement was approved by the City of Murphy on October 20, 2003. Other Considerations N/A Financial Consideration A reimbursement to the City of Murphy in the amount of$38,413.00 may be necessary; however, we are still in negotiations with the City on this item. Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval of the proposed Resolution and agreement. Attachments Resolution Grad rossi g I pro ements A.reement iLy Prepared by Revs e. by Fina • City M a Approval RESOLUTION NO. 2003-19 (R) A RESOLUTION OF THE CITY OF WYLIE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE KANSAS CITY SOUTHERN RAILWAY COMPANY FOR GRADE CROSSING IMPROVEMENTS AT MCCREARY ROAD. WHEREAS, the City of Wylie desires to have the construction completed on the south bound lanes of McCreary Road located in the City of Murphy; and WHEREAS, the City of Wylie desires to have the existing crossing removed and a new concrete crossing surface and active warning device installed; and WHEREAS, the City of Wylie desires to enter into an agreement with the Kansas City Southern Railway Company for the construction and installation of the signal along with the necessary surface work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, that the Mayor is authorized to sign the Grade Crossing Improvements Agreement with Kansas City Southern, which is attached hereto as Exhibit "A". APPROVED: John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary RESOLUTION 03-R-402 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MURPHY, TEXAS, CONCERNING AN AGREEMENT WITH KANSAS CITY SOUTHERN FOR GRADE CROSSING IMPROVEMENTS AT MCCREARY ROAD. WHEREAS,the City of Murphy desires to construct the additional two lanes on McCreary Road at the railroad crossing, and; WHEREAS,the City of Murphy desires to install a railroad crossing with the appropriate signals, and; WHEREAS,the City of Murphy desires to enter into an agreement with Kansas City Southern for the actual construction and installation of the signal along with the necessary surface work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MURPHY, COLLIN COUNTY, TEXAS AS FOLLOWS: Section 1. The City approves the Grade Crossing Improvements Agreement with Kansas City Southern, which is attached hereto as Exhibit "A" consisting of three (3) pages with attached Exhibits of Al and B1, and authorizes the Mayor to sign and execute said agreement. Section 2. The City of Murphy will pay $314,306 less $6,000 previously paid for engineering expenses. DULY RESOLVED by the City Council of the City of Murphy, Collin County, Texas on this the 20th day of October 2003. David C. Trudeau, Mayor City of Murphy ATTEST: LILL Kayt Rarnell, City Secre arm • S4 -o; ' APPROVED AS TO FORM: ,c<,�'s.,. / • 'A�F29ii 9y0RAF- ("?1,, ��``� Robert Brown, City Attorney KANSAS CITY SOUTHERN KANSAS CITY 7) OUTHEHN MAILING ADDRESS: P.O. BOX 219335 • KANSAS CITY, MO 64121-9335 `��/ FOUNDED 1887 (816)983-1247 (816)983-1186(fax) October 1, 2003 Mr. Craig Sherwood Director of Public Works City of Murphy 205 N. Murphy Road Murphy, Texas 75094 Re: McCreary Road—Grade Crossing Improvements Agreement Dear Mr. Sherwood: Enclosed in triplicate originals is a proposed agreement covering the signal and surface work anticipated by KCS at McCreary Road.. As you know,this work will involve reconstruction of the existing surface in the City of Wylie, as well as the new McCreary Road crossing surface on the Murphy side. Signal work will include the City of Wylie's existing facilities and new devices for the City of Murphy. Estimates detniiing KCS' costs are attached to each contract document. If acceptable,would you please obtain the signatures of the Mayors or City Managers for the cities of Murphy and Wylie and return all originals to me for similar handling at KCS. When fully- executed, originals will be returned to you for delivery to both cities. We would also like to receive the City of Murphy's check in the amount of$308,306.00,which represents total estimated costs of$314,306.00 less $6,000.00 received from the City of Murphy in December 2002 as a deposit for engineering expenses. The City's check should accompany the signed agreement. Please do not hesitate to contact me if you have any questions or concerns. Sincerely, Judy A. Beavert Contract Manager /jab Enclosures GRADE CROSSING IMPROVEMENTS AGREEMENT • AGREEMENT entered into this 20'th day of October 2003, by and among THE KANSAS CITY SOUTHERN RAILWAY COMPANY, a Missouri corporation herein called "KCS", CITY OF MURPHY, TEXAS, herein called "Murphy" and City of WYLIE, TEXAS, herein called "Wylie". WHEREAS, KCS operates a segment of track owned by Dallas Area Rapid Transit ("DART") located in Wylie , Texas, which track intersects McCreary Road, an existing public road crossing designated as DOT No. 790-146W, Mile Post 583.27; and WHEREAS, DART has granted Murphy permission to construct a two-lane roadway immediately parallel to the aforesaid roadway and across DART' s track at Mile Post 583. 27, said roadway to be located within Murphy's city limits and to be designated as an addition to McCreary Road; and • WHEREAS, such roadway construction will require the removal of the existing crossing surface and existing active warning devices in Wylie 's city limits, as well as the installation of a 96' concrete crossing surface and active warning devices in both cities (the "Work") ; and WHEREAS, KCS is agreeable to performing or contracting for and supervising the Work subject to the following terms and conditions of this Agreement, NOW, THEREFORE, the parties agree as follows: 1. Prior to KCS beginning any work on this project, Murphy will deposit - with KCS the amount of THREE HUNDRED FOURTEEN THOUSAND THREE HUNDRED SIX DOLLARS ($314, 306. 00) to cover the estimated costs of the Work as shown on estimates dated June 24, 2003 and June 25, 2003, marked as Exhibits "A" and "B", attached hereto and incorporated herein by reference. • KCS shall be under no obligation to perform any function under this Agreement until said deposit has been made and cleared in full. 2 . KCS shall provide the necessary materials and labor to perform the Work. All Work performed by KCS or its contractor is to be done on weekdays during normal working hours. If either city requires KCS to perform the Work on a weekend, holiday, or at times other than normal working hours, then that city hereby agrees to reimburse KCS for any additional costs : incurred by KCS or its contractors for overtime, holiday or premium pay and any • other extra expenses associated with such work. 3 . Murphy and Wylie, at their sole cost and expense, shall provide all necessary materials and labor to reconstruct the portions of the at-grade crossing outside the ends of ties. Murphy and Wylie will install the asphalt road approaches, drainage, pavement markings and arrange for all construction and warning signs, and be responsible for any required notification of the public, within their respective jurisdictions. 4 . Murphy and Wylie shall be responsible for providing and paying for all traffic and pedestrian control (including but not limited to barriers and flagmen) within their respective jurisdictions as required during the road closure, all in accordance with the Manual on Uniform Traffic Control Devices and other applicable safety standards. 5 . Murphy's deposit shall be drawn down at KCS' s exclusive discretion as reimbursement for all of the Work described in Section 2 of this Agreement, including reimbursement for any necessary barricades, "road closed" signs, or other traffic control devices. Murphy' s deposit shall also be drawn down to reimburse KCS for any flagmen or other supervision provided by or on behalf of KCS to protect the Work area, and for any other expense reasonably incurred by KCS in connection with the Work to be performed pursuant to this Agreement. 6. Upon completion of the Work, KCS shall determine the actual cost of Work performed. Should the actual cost of the Work exceed the estimate, then Murphy will reimburse KCS for its additional costs immediately upon receipt of a bill therefor. 'Should the costs of the Work be less than the estimate, then KCS will refund the difference to Murphy. 7 . KCS, at its sole and exclusive option, may perform all of the necessary Work with its own forces, may contract with third parties to perform the necessary Work, or may use any combination of its own forces and outside contractors to perform all of the necessary Work. 8 . Murphy and Wylie shall furnish KCS with certified copies of resolutions or ordinances adopted by the governing bodies of each city authorizing the Mayor or City Manager to execute this Agreement on behalf of Murphy and Wylie. 9. Murphy and Wylie shall apply for and obtain all permits, licenses, or authorizations required for the work to be performed under this Agreement, including, without limitation, obtaining Texas Department of Transportation approval. Murphy and Wylie will be responsible for any required notification of the public. [Remainder- of Page Intentionally Left Blank] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate the day and year first above written. THE KANSAS CITY SOUTHERN RAILWAY COMPANY By: Title: Approved as to legal form: Thomas J. Healey 9-29-03 Associate General Counsel CITY OF MURPHY, TE David Trudeau, Mayor Atteste . Kayth' Darnell Title: y Secretary CITY OF WYLIE, TEXAS By: Attested: By: Title: KANSAS KANSAS CITY SOUTHERN RAILWAY COMPANY GRADE CROSSING WARNING DEVICES EOITUYTHa SIGNAL PROJECT EVALUATION OF COST PROJECT DESCRIPTION&LOCATION I DATE: 6/24/2003 Proposed to Install Four New Flasher Signals With Gates and Install a New 6' 8'Steel Bungalow with Constant Warning Time GCP#3000D2 Unit at the Crossing of KCS Railway Tracks with *City Agrees to Extend 12"RCP Culvert Pipe in SW Quad Prior to any Signal Work by KCSR McCreary Road in Murphy,TX, DOT#790146W MP C-583.27,Transcontinental Division,Alliance Sub Funding: 100% City of Murphy,TX File No.SD-26-5-583.27 KCS Railway Asset#981401 RCL Project No.A1582 DESCRIPTION OF MATERIALS(by CONTRACTOR) Qty Unit Price Total 6x8 STEEL BUNGALOW,with GCP#3000D2 Unit with UDA System, and all other equipment required to control waring devices as shown. 1 LOT $ 53,322 $ 53,322 FLASHER&GATE SIGNALS,with 12"LED lights,All Aluminum Gate Arms, LED Gate Lights,Signs,all per State Specifications 1 LOT $ 43,654 $ 43,654 SIGNAL MATERIAL as required for project:foundations,Underground wire&cable, Guard Rails, Multi shunt boxes,Track connectors,etc. 1 LOT $ 34,232 $ 34,232 PROJECT MATERIAL,Local purchases for Fill &Rock necessary, 220 Volt AC Service Pole, Directional Boring with 4"PVC Pipe,etc. 1 LOT $ 12,500 $ 12,500 MATERIAL RELEASED,none See KCS Field Prints Dwg.No.SD-26-4-583.27A-B1 Material Subtotal $ 143,708 LABOR&ADDITIVES,EQUIPMENT,&PERSONAL EXPENSES Qty Unit Price Total KCS LABOR with additives,signal dept personnel required for supervision and field installation as directed by Signal Engineer 1 LOT $ 37,758 $ 37,758 EQUIPMENT CHARGES,for Signal Dept Pickup Trucks,Backhoes, Boom Trucks with Crane,including any rental equipment required. 1 LOT $ 14,285 $ 14,285 KCS PERSONAL EXPENSES,for all Signal Dept Personal 1 LOT $ 7,230 $ 7,230 Labor, Equipment&Personal Expenses Subtotal $ 59,273 CONTRACT EXPENSES CONTRACT ENGINEERING for technical&engineering services to provide layout design and circuit plans as directed by KCS signal dept 1 LOT $ 14,000 $ 14,000 CONTRACT PROJECT MANAGEMENT for project management services as directed by KCS signal dept 1 LOT $ 4,179 $ . 4,179 CONTRACTOR'S LIABILITY INSURANCE 5.88% $ 120 CONTRACT PROJECT ADMINISTRATION FEE 1 LOT $ 16,201 $ 16,201 Contractor Subtotal $ 34,499 Total Estimated Cost to install Flasher & Gate Signals at McCreary Road In Murphy, TX, DOT#790146W $237,480 This estimate of cost Is limited to 180 days from date of issuance,KCS shall authorize It's use after this time period or submit a revised estimate of cost • 1ho20001.JPg(JYE(i Image, 1275x1753pixel§) rueanu:iarumrieimA.Tayrrloluuui: _. � i r:, r 3 e it • I i• i n i I • t 1i 1 h N 2 S r 3 ,< t { <T ra I . r at 1 of 2 6/24/2003 4:30 P/ E HielT eb ESTIMATE Date: 06/25/03 Applicant: City of Murphy Location: Murphy, Tx. Mile Post: 583.2 Dot#: 790-146W Road Name: McCreary Rd. Project#: TBA Asset#: 981375 ' IPA ;,,R Estimated Project Cost $ 76,826 Grading - Subgrade Preparation Al) Materials 72 Net Tons - Asphalt $45.00 per Net Ton $3,240 120 Net Tons - Ballast Material $38.00 per Net Ton $4,560 240 L.F. - 6" Perforated CMP $6.50 per L.F. $1,560 4 Ea. - 6" - 45'00"Elbow Connections $35.00 Ea. $140 16 Ea. - 6" Bands for CMP $35.00 Ea. $560 Total Materials Cost $10,060 (2) Contractor Labor and Equipment 40 Hours - (2 Ea.) Trackhoe with Operator $85.00 per Hour $6,800 40 Hours - (2) Dump Truck with Operator $45.00 per Hour $3,600 40 Hours - Steel Wheel Roller with Operator $20.00 per Hour $800 200 Man Hours - Miscellaneous Labor $15.00 per Hour $3,000 Total Contractor Cost $14,200 Crossing and Trackwork (1) Materials 96 L.F. - Prefabricated Concrete Crossing Panel for 136RE Rail $165.00 per L.F. $15,840 2 Ea. - 80' 136# Prefabricated Track Panel 10ft. Oak Ties on 19 3/8" centers $5,165.08 Ea. $10,330 8 Ea. - Plasma Welds $400.00 $3,200 1260 Sq. Ft. - Filter Fabric $0.25 per Sq. Ft. $315 5 % Freight and Handling of Materials $1,484 6 % State and Use Tax on Materials $1,781 Total Materials Cost $32,950 (2) Labor 40 Project Management $60.00 per Hour $2,400 80 Man Hours to Remove Existing Crossing $15.00 per Man Hour $1,200 80 Man Hours to Install New Crossing $15.00 per Man Hour $1,200 10.55 % Vacation and Holidays $506 18.31 % Health and Welfare $879 26.73 % Railroad Retirement and Unemployment $1,418 . 1.95 % Supplemental Pension $103 12.5 % Railroad Public Liability Insurance $600 Total Labor Cost $8,307 (3) Equipment 5 Days - 2 Heavy Duty Drills $22.00 per Day $220 5 Days - 2 Impact Wrenches $22.00 per Day $220 5 Days - 2 Air Compressors $65.00 per Day $650 2 Day-Automatic Tamper with Operator $1,149.00 per Day $2,298 2 Day- Ballast Regulator with Operator $520.00 per Day $1,040 40 Hours - 2 Section Trucks with Rail Units $25.33 per Hour $2,026 40 Hours - Roadmaster Truck with Rail Units $12.61 per Hour $504 40 Hours -Welding Truck with Rail Units $63.75 per Hour $2,550 • 3 Hours - Work Train to Unload Ballast $600.00 per Hour $1,800 Total Equipment Cost $11,309 Estimated Project Cost $76,826 WYLIE CITY COUNCIL AGENDA ITEM NO. 3. September 23, 2003 Issue Consider and act upon Ordinance#2003-14, adopting new sign regulations, repealing Ordinance#2002- 27 and repealing all conflicting ordinances. Background City Council discussed this item during a work session at the September 23, 2003, City Council meeting. Staff was made aware of two concerns of the Council. The first was to verify that the City Attorney reviewed the ordinance and the second was to provide a transition period for phasing out right-of-way signs. The City Attorney's office did review the ordinance in June. The ordinance was sent to the City Attorney's office again in October and it was discovered that there were some State law changes in September that affected sign regulations adopted by municipalities. The proposed ordinance does reflect all of the changes proposed by the City Attorney's office. The second issue has been addressed by adding a new section 12 to the ordinance that would be automatically repealed on July 1, 2004. This section legalizes right-of-way signs through July 1, 2004. 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 signs 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. repared by Revi d b Finance City �'' pproval 11/06/2003 10:08 FAX 2145444040 ABERNATHY ROEDER ET AL Z 002/002 ABERNATHY ROEDER Boyn J O PLI T • 1700 Redbud Boulevard,Suite 300•P.O.Box 1210•MGKinrey.Texas 75070.1210 v Metro 214.544 4000•Fax 21a 544.4040 ATTORNEYS AT LAW l uLIE Y.FORT .t(ort(labrnt.,ihy-la,v ew❑ ,,t Di.l 214,511 0'19 November 6, 2003 ATTORNEY CLIENT PRIVILEGE ATTORNEY WORK PRODUCT Mr. Dale Jackson Mayor John Mondy Wylie City Council VIA FACSIMILE City of Wylie . 2000 State Highway 78 N. Wylie, Texas 75098 Re: Sign Regulations Dear Mayor, Council Member, Mr. Jackson: I am writing to advise you on a couple of points regarding the revised Sign Regulations you are considering for adoption. First, I want to be sure that you are aware that the Local Government Code provides Wylie the authority to regulate signs within its extraterritorial jurisdiction,however, Wylie is choosing not to do so. The First Amendment of the United States Constitution requires that regulations regarding signs be content-neutral. This means that the time,place and manner of signs may be regulated,but not the content. There are some provisions contained within the Sign Regulations that are content- based instead of content-neutral. We have drafted the Ordinance in a way to make it as defensible as possible,however,content-based distinctions may fail a legal challenge based on constitutionality. If you have any questions regarding these issues or wish to discuss them in further detail, please do not hesitate to contact me. I appreciate the opportunity to assist you in this matter. Very truly yours, Julie Y. Fort JYF:lcn L,\MBOX City Matters\WYLIE\Council(CMM)Vacksnn.Dale 110403 1Y1'Itr.wpd 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; 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; 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; 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; 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; 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; 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; 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 L.\ORDINANCES\2003-14(Sign Ordinance.doc).doc 11-11-03 Page 1 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; 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; 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; 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; 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; 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; WHEREAS, Wylie has complied with all notices and public hearings as required by law; and 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 L:\ORDINANCES\2003-14(Sign Ordinance.doc).doc 11-11-03 Page 2 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: Savinqs/Repealinq 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 11th day of November, 2003. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Date of Publication: 11-19-03 L:\ORDINANCES\2003-14(Sign Ordinance.doc).doc 11-11-03 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 9 G. Removal of Obsolete Signs 9 H. Removal or Repair of Dilapidated or Deteriorated Signs 9 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. Signs Causing a Nuisance or Hazard Because of Illumination 11 K. Signs 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. 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 15 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 18 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 Signs 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 9. Other types of Signs 25 A. Menu Board Signs 25 B. Subdivision Entry Signs 25 C. Directory Signs 25 D. Institutional Signs 25 A. Development Signs 27 B. Real Estate Sign 27 C. Promotional Signage 28 11. TEMPORARY DIRECTIONAL SIGNS 29 12. SIGNS PROHIBITED IN THE CITY RIGHT-OF-WAY 30 B. Time Limitations 30 C. Location. 30 D. Size. 30 E. Height. 30 F. Number of Signs. 30 G. Sign Placement Vehicles. 31 H. Tampering with Permit Decals. 31 I. Removal of Unpermitted Signs. 31 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. Banner means a sign composed of cloth, plastic,paper canvas or other light fabric., 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. CITY OF WYLIE SIGN REGULATIONS Page 2 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. 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. Incidental means information on a sign that is incidental to the operation of the business such as but not limited to hours of operation, accepted credit cards and parking information. Incombustible material means any material which will not ignite at or below a temperature of 1,200 degrees Fahrenheit, and will not continue to burn 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 CITY OF WYLIE SIGN REGULATIONS Page 3 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 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, Awning means a sign attached to an Awning. Sign, Canopy means a sign attached to a Canopy. 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. Directory sign also means a permanent on-site sign identifying the buildings in the development or providing information on their location. Sign, Garage sale means any on-site Promotional Sign for the sale of personal household goods in a residential zoning district or on the property of a nonprofit organization. Sign, Home Improvement means any on-site sign that displays the name of a roofing, fence, pool painting, landscape or other home improvement contractor. Sign, Inflatable means any hollow sign expanded or enlarged by the use of air or gas. Sign, Institutional 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. Sign, Menu Board means an 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 CITY OF WYLIE SIGN REGULATIONS Page 4 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. 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, Nonconforming means a sign and its supporting structure which does not conform to all or part of the provisions of this Ordinance, and: 1. Was in existence and lawfully erected prior to the effective date of this Ordinance; 2. Was in existence and lawfully located and used in accordance with the provisions of the prior ordinance applicable thereto, or which was considered legally nonconforming there under, and has since been in continuous or regular use; or 3. Was in existence, located, and used on the premises at the time it was annexed into Wylie and has since been in regular and continuous use. 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 sign (1) relating to the election of a person to a public office, (2) relating to a political party, (3) relating to a matter to be voted upon at an election called by a public body, or (4) containing primarily a political message. 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, Projecting means any sign which is attached to and supported by a building or wall and which projects outward from the building or wall, generally at a right angle. Sign, Promotional means any type of 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. CITY OF WYLIE SIGN REGULATIONS Page 5 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 project above the highest point of the building. Sign, Subdivision means any permanent on-site sign identifying a subdivision located in a residential zoning district. 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. Sign, Yard means 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 signs shall also include signs 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 issuance 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 or regulations. 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 CITY OF WYLIE SIGN REGULATIONS Page 7 from compliance with all other provisions of this Ordinance nor from any other penalty prescribed by law. 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 1. All nonconforming signs shall be registered with Wylie's Building Inspections Department. Should a nonconforming sign not be registered within twelve (12) months of the date of the passage of this Ordinance, the nonconforming status of the sign shall be terminated and the sign deemed prohibited and subject to removal in accordance with this Ordinance. 2. Any nonconforming sign and/or 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 nonconforming sign destroyed, damaged, dilapidated or deteriorated. Permits granted prior to the passage of this Ordinance shall be renewed only if the applicant complies with all provisions of this Ordinance. 3. No sign or supporting structure that is lawfully repaired reproduced, repaired, or renovated as a nonconforming sign shall be increased in area or height. 4. Notwithstanding any other provision of this Ordinance, any sign which is a legally existing nonconforming sign hereunder may be relocated on the same lot or tract of land, if the sign is required to be removed from its present location because the property upon which the sign is located is acquired by any governmental agency or other entity which has or could have acquired the property through the exercise of its power of eminent domain. Such relocated sign shall be placed, insofar as possible, as to comply with all the provisions of this Ordinance. CITY OF WYLIE SIGN REGULATIONS Page 8 F. Inspection The City may inspect annually, or at such other times as it deems necessary, each sign regulated by this Ordinance for the purpose of ascertaining whether the same complies with provisions of this Ordinance, is secure or insecure, 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 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 may enter the property upon which the sign is located to cause the removal of the sign. The owner of the land, building or structure to which the sign is attached or 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 CITY OF WYLIE SIGN REGULATIONS Page 9 1. Variances to the provisions of this Ordinance shall be heard by the Construction Code Board. A simple majority vote of the board in favor of the variance will be required to approve any variance request. In order to approve a request for a variance, the Construction Code Board shall determine that the request meets three (3) of the following four (4) criteria: a. The proposed sign shall not adversely impact the adjacent property (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. 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 requested in writing 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. 3. A variance from this Ordinance is valid only if a permit is secured within ninety (90) days from the date of the Board's or the Council's decision. 4. Each applicant shall pay a fee of one-hundred fifty dollars ($150.00) before the Construction Code Board shall hear any variance request. Exception: No variance fee shall be required for any variance requested by any applicant that the Building Official determines to be a bona fide non-profit organization. 5. All variance requests shall be made in writing to the Building Official. CITY OF WYLIE SIGN REGULATIONS Page 10 4. PROHIBITED SIGNS Any sign which is not specifically allowed by this Ordinance shall be prohibited. In addition, 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. 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 6.A. and 10.). H. Off-Premise Signs Off-Premise signs, unless specifically allowed by this Ordinance. 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, unless specifically allowed by this Ordinance. Exception: Signs identifying the manufacturer of a fence or similar product, provided that the sign does not exceed one and one-half (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 facie 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. Political Signs Political signs that: 1. Are on private real property with consent of the property owner; and 2. Are not greater than thirty-six (36) square feet; and 3. Are not taller than eight (8) feet measured from the ground to the highest point of the sign; and 4. Are not illuminated; and 5. Do not have any moving elements or parts. A sign (i) not meeting each of the above requirements; or (ii) containing primarily a political message on a temporary basis and that is generally available for rent or purchase to carry commercial advertising or other messages that are not primarily political, is not exempt from the requirements of obtaining a permit, assuming the sign is otherwise allowed by this Ordinance. 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: 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 may be located in the City at a given time 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. CITY OF WYLIE SIGN REGULATIONS Page 14 L. Garage Sale Signs 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 currently providing such services on the premises. 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. 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. CITY OF WYLIE SIGN REGULATIONS Page 15 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. 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 for the purposes of advertising or otherwise drawing attention to an individual, business, commodity, service, activity or product, or a person dressed in a costume for such purposes, must be located at least six feet (6') from the street pavement of any right-of- way, and located on the property where the event. activity or thing that the sign advertises or draws attention to occurs or is located. 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 for removal of 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, permit holder or person in control of the property, via certified mail. The owner of the property, permit holder or person in control of the property on which the sign is located shall be jointly and severally responsible for compliance with this subsection. CITY OF WYLIE SIGN REGULATIONS Page 17 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 and regulations of the City of Wylie. 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 CITY OF WYLIE SIGN REGULATIONS Page 18 illumination shall not exceed 40 watts per every 25 square feet or any portion thereof of the sign face. 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 Signs 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 Section 7.F. Wall signs shall not extend above the 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: (1). An attached sign located at a height of thirty-six feet (36') or less is limited to one (1) square foot of sign area for each lineal foot of building frontage for a single tenant building, or lease space frontage in a multiple tenant building, not to exceed four hundred fifty (450) square feet. (2). 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 six hundred (600) square feet. (3). 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 1. or 2. above, whichever paragraph is applicable. Signs on a single façade shall not exceed the sign area allowed in paragraph (1). above. B. Secondary Attached Signs 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.3. above. The size of all wall signs 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 surface, except for open / closed signs. E. Awning Signs Awning Signs must meet the following regulations;. 1. An Awning may extend the full length of the wall of the building to which it is attached and shall be no more than six feet (6') in height and shall not be placed less than eight feet (8') above the sidewalk. 2. Artwork or copy on Awning Signs shall be limited to a business name and/or logo. 3. The artwork or copy for an Awning Sign shall not exceed twenty percent (20%) of the area of the Awning and shall extend for no more than sixty percent (60%) of the length of the Awning. F. Projecting Signs 1. Signs shall be constructed of noncombustible material. 2. Signs shall be limited to fifty percent (50%) of the area of the vertical surface of each face of the marquee. 3. Signs shall not project more than three feet (3'), measured from the building face and shall not be closer than two feet (2') from the back of the curb line. 4. Signs shall be at least 8 feet above the sidewalk. 5. Signs may be illuminated in conformance with this Ordinance or other applicable City regulations. 6. Signs shall be compatible in design, shape, and material with the architectural and historic character of the building. 7. Signs shall not exceed sixteen (16) square feet per sign face. CITY OF WYLIE SIGN REGULATIONS Page 21 G. Canopy Sign 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 and plastic panel signs are 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 one-hundred fifty (150) square feet 2. Maximum height - ten feet (10') measured from grade. 3. Setbacks a. Fifteen feet (15') from street right-of-way. b. Fifteen feet (15') from property lines other than those property lines fronting the street right-of-way. c. Two-Hundred-Fifty feet (250') 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 — ninety (90) square feet 2. Maximum height— ten feet (10') 3. Setbacks a. Fifteen feet (15') from street right-of-way. b. Fifteen feet (15') from property lines other than those property lines fronting the street right-of-way. c. Two-Hundred-Fifty feet (250') 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 — ninety (90) square feet 4. Maximum height—ten feet (10') 5. Setbacks a. Fifteen feet (15') from street right-of-way. b. Fifteen feet (15') from property lines other than those property lines fronting the 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. CITY OF WYLIE SIGN REGULATIONS Page 24 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') 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 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 approval of Planning and Zoning Commission. C. Directory Signs 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. D. Institutional Signs Institutional Signs must meet the following regulations: 1. Institutional Signs may be Attached and/or Monument Signs. CITY OF WYLIE SIGN REGULATIONS Page 25 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 26 10. REGULATIONS FOR TEMPORARY SIGNS 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 fifteen feet (15'). 4. The required setback shall be ten feet (10') from the front property line and ten feet (10') from the side property line. 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 fifty (50) acres under active development. 7. A Development Sign must be removed when the project is ninety percent (90%) complete. In the case of a commercial project, ninety percent (90%) complete means when a certificate of occupancy is issued for a shell building. For a residential project, ninety percent (90%) complete means when ninety percent (90%) of the lots in the subdivision have received building permits. B. Real Estate Sign Real Estate Signs are subject to the following regulationsi 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. 5. No more than one sign shall be located for every two (2) acres in a tract of land or portion thereof. 6. A Real Estate Sign shall be removed upon the sale or lease of the property. CITY OF WYLIE SIGN REGULATIONS Page 27 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 thirty (30) days. 4. Any device described as Promotional Signage shall not exceed an overall height of forty feet (40') measured from ground. 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. Fifteen feet (15') from street right-of-way. b. Forty feet (40') from property lines other than those property lines fronting the street right-of-way. CITY OF WYLIE SIGN REGULATIONS Page 28 11. TEMPORARY DIRECTIONAL SIGNS On properties located at the intersection of two major thoroughfares or a major thoroughfare and a collector street, panel/directional signs are permissible subject to the following conditions and upon the issuance of a sign permit: A. The sign design and location must be approved the City Council., B. Permits for such signs shall be temporary in nature and shall expire two years from the date of permit issuance. C. The maximum height of the sign is ten feet (101 D. The maximum width of the sign is six feet (6'). E. The font, lettering and color of the sign shall be uniform throughout the entire sign. F. The sign may be located within the right-of-way, provided that, the sign is located at least ten feet (10') from the back of the curb or road pavement and at least two feet (2') from any sidewalk; and G. The permit applicant, property owner or developer shall be responsible for the cost of production, maintenance of the sign and removal of the sign. CITY OF WYLIE SIGN REGULATIONS Page 29 12. SIGNS PROHIBITED IN THE CITY RIGHT-OF-WAY No sign may be erected within the public right-of-way unless a permit was or is received for the sign prior to July 1, 2004 and the following conditions are met: A. Permits. No sign may be erected within a right-of-way unless a permit has been obtained and the proper permit fee paid. No permits shall be issued for signs to be erected in the right-of-way after June 30, 2004. 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 under this section shall expire on December 31 of the year it was issued, except that all permits issued after December 31, 2003 shall expire on July 1, 2004, and shall not be renewed. 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. CITY OF WYLIE SIGN REGULATIONS Page 30 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. 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 this Ordinance. Permit Fee. The permit fee for signs erected in the right-of-way between January 1, 2004 and July 1, 2004 shall be thirty-five ($35.00) per sign. CITY OF WYLIE SIGN REGULATIONS Page 31