The URL can be used to link to this page

12-12-2000 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA Tuesday, December 12, 2000 Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Wylie,Texas 75098 Action Taken In accordance with Chapter 551, Government Code, Vernon's Texas Code Annotated (Open Meeting Law), Section 551.074,Personnel Matters;to deliberate the appointment of a Municipal Court Judge and the evaluation of the City Manager. :EcON EI4E ThTO OPE 'MEETIN Take any action as a result of Executive Session. A. Approval of the Minutes from the November 28,2000 Regular Meeting. Tabled Item-Approval of an Ordinance (tabled at the November 28, 2000 Meeting) 1. Consider and act upon an ordinance of the City of Wylie, allowing certain employees of the City who have terminated previous memberships in the Texas Municipal Retirement System to reinstate (buy-back) previously canceled Creditable Service as authorized under Section 853.003 of Subtitle G of Title 8,V.T.C.A., Government Code as amended. Appointments& Authorizations 2. Consider and act upon an appointment of a representative for the City of Wylie to the Southeast Collin County E.M.S. Coalition as well as a back-up representative. 3. Consider and act upon approval of a Summer Concert series, "Live in Olde City Park." 4. Consider and act upon approval of the purchase of a rubber tired backhoe to be utilized by the City of Wylie's Public Works Department. Planning Items 5. Consider and act upon approval of a Final Plat for the Mobile Home Estates, Phase 1 Addition, proposed by Doug Connally & Associates, Inc., and being all of a certain 25.963 acre tract generally located west of County Line/Vinson Road and north of Trewitt Lane, situated in the Elisha M.Price Survey, Abstract No. 1114, City of Wylie, Collin County,Texas. 6. Consider and act upon approval of a Preliminary Plat for the Cimarron Estates Addition, proposed by Tipton Engineering, Inc., and being all of a certain 112.429 acre tract generally located south of State Highway 78 and east of Kreymer Lane, situated in the Francisco De La Pina Survey, Abstract No.688,City of Wylie, Collin County,Texas. MINUTES Wylie City Council Tuesday, November 28, 2000 Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Council Present:Mayor John Mondy, Councilman Joel Scott, Councilwoman Reta Allen, Councilman Eric Hogue, Councilman Merrill Young, Councilman J.C. Worley and Councilman Chris Trout. Staff Present: Anthony Johnson, City Manager; Mindy Manson, Assistant City Manager; Brady Snellgrove, Finance Director and Barbara Salinas,City Secretary. Mayor Mondy presented the Proclamation declaring Wednesday,November 29,2000 as Student Government Day and invited the Student's present to sit with their City Council counterpart and observe the meeting. There was no citizen's participation. A. Approval of the Minutes from the Regular Meeting of November 13,2000. Councilman Scott made a motion to approve the Consent Agenda, the minutes from the regular meeting of November 13, 2000. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved, 7-0. 1. Consider and act upon an ordinance of the City of Wylie, allowing certain employees of the City who have terminated previous memberships in the Texas Municipal Retirement System to reinstate (buy-back) previously canceled Creditable Service as authorized under Section 853.003 of Subtitle G of Title 8,V.T.C.A.,Government Code as amended. Mr. Brady Snellgrove, Finance Director, provided Council with background information on the proposed Ordinance. There was considerable discussion regarding expenditure to the City and the option to initiate an annual cap. It was determined that more information was required before Council could act. Councilman Scott made a motion to table Item No. 1 to the December 12, 2000 regular meeting. Councilman Trout seconded the motion. A vote was taken and the motion was approved,7-0. 2. Hold a public hearing to consider and act upon approval of a request from Barry Patrick for approval of a zone change from A (Agriculture) to PD (Planned Development), on property generally located along the west side of Sanden Boulevard and south of FM 544, and being all of a certain 5.0 acres out of the Duke Strickland Survey,Abstract No.841, City of Wylie, Collin County, Texas. (Zoning Case No. 2000-07) Minutes of November 28,2000 Wylie City Council Page 1 Mr. Claude Thompson, Planner, provided Council with a brief background on the requested zone change. The Mayor Mondy opened the public hearing and asked that anyone wishing to speak either in favor or opposition of the zone change request to please come forward, state their name and address for the record and limit their comments to three minutes. Mr.Barry Patrick,5705 Murphy Road,Garland The applicant,Mr.Barry Patrick came forward to briefly address Council providing an explanation of his business. He stated that he intends to conform to the contingencies as set for by the Planning and Zoning Commission and hopes that others who develop in this same area are held to the same standards. . Mr. Patrick concluded by stating that he wants his business to be located in Wylie and needs the support of the City Council. Mr.Michael George,Chairman of the Planning&Zoning Commission Mr. George was present to address any concerns with regard to the action taken by the Commission and provided explanation of the contingencies of Commission approval. With no further comment,the Mayor then closed the public hearing. Council had some questions of the applicant regarding the exterior of the building, specifically the percentage of metal. Mr. Patrick stated that the front of the building is 100%brick and stated his intent to landscape. He stated that with Council approval, he looks to be operational within 4-5 months with a staff of approximately 11 employees. There was some further discussion with regard to the exterior, however, it was determined that until the Codes are amended,Mr.Patrick complies with what is required. Councilman Worley made a motion to approve the request from Barry Patrick to approval the zone change from A (Agriculture) to PD (Planned Development), on property generally located along the west side of Sanden Boulevard and south of FM 544, and being all of a certain 5.0 acres out of the Duke Strickland Survey, Abstract No. 841, City of Wylie, Collin County, Texas. Councilman Young seconded the motion. A vote was taken and the motion was approved, 7-0. 3. Hold a public hearing to consider and act upon approval of a request from Campbell/Wylie Partners for approval of a zone change from A (Agriculture) to PD (Planned Development), on property generally located along the south side of Parker Road, between McCreary Road and Country Club Road, (FM 1378), and being all of a certain 45.192 acres out of the Lewis M. Marshall Survey, Abstract No. 594, City of Wylie, Collin County, Texas. (Zoning Case No. 2000- 09) Mr. Claude Thompson provided a brief background of the zone change request. The applicant Mr. Gary Defrain, 8235 Douglas, Dallas, Texas, was present and came before Council. Mr. Defrain provided a presentation of the proposed Planned Development with regard to Item 3, and mentioned that he is also present for Item 4, Final Plat for Creekside Estates Phase I. Mr. Defrain defined the location and design. There was some discussion with regard to flood plain location, price range of homes and school district boundaries. Mr. Defrain stated that price range may be$200,000,but did not know who the builders might be. He has had conversations with Dr. Fuller with regard to School district boundaries; however, he has not contacted the Plano Independent School District. The Mayor Mondy opened the public hearing and asked that anyone wishing to speak either in favor or opposition of the zone change request to please come forward, state their name and address for the record and limit their comments to three minutes. With no comment,the Mayor then closed the public hearing. Councilman Hogue made a motion to approve the request from Campbell/Wylie Partners for approval of a zone change from A(Agriculture) to PD (Planned Development), on property generally located along the south side of Parker Road,between McCreary Road and Country Club Road, (FM 1378),and being all of a certain 45.192 acres out of the Lewis M. Marshall Survey, Abstract No. 594, City of Wylie, Collin County, Texas. Councilman Scott seconded the motion. A vote was taken and the motion passed,7-0. Minutes of November 28,2000 Wylie City Council Page 2 4. Consider and act upon a Preliminary Plat for Shiloh Baptist Church Addition, proposed by Jackson and Associates Land Surveyor, Inc.,for the property generally located at 840 East Brown Street, and being all of a certain 2.001 acre tract out of the Francisco de la Pina Survey, Abstract No.688,City of Wylie,Collin County,Texas. Mr. Claude Thompson provided Council with a brief background of the Preliminary Plat request. The Applicant, Mr. Don Jackson, 2600 West F.M. 544,was present to address any questions or concerns of Council. Mr. Jackson stated that the Church was not aware that they were within the City limits, but thought they were in the County when they moved two one-story frame buildings. He stated that their intent is to renovate the structures for church uses,however,the church did not have any estimates of costs to bring the building up to code. Mr. Jackson stated that if the costs were excessive, it would be to their benefit to remove the buildings. Councilman Scott made a motion to approve the Preliminary Plat for Shiloh Baptist Church Addition, proposed by Jackson and Associates Land Surveyor, Inc., for the property generally located at 840 East Brown Street, and being all of a certain 2.001 acre tract out of the Francisco de la Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved, 7-0. 5. Consider and act upon a Final Plat for the Creekside Estates,Phase I, proposed by Bury+Partners — DFW, Inc., for Campbell/Wylie Partners, for the property generally located east of McCreary Road and north of McMillen Road,and being all of a certain 84.378 acre tract situated in the John H.Mitchell Survey,Abstract No.589,City of Wylie,Collin County,Texas. Mr. Claude Thompson provided Council with a brief background of the Final Plat. The applicant, Mr. Gary Defrain, was present to address any questions or concerns from Council. Mr. Defrain provided an overview of both Item No. 3 and 5 to Council. There was some discussion with regard to drainage and use of detention ponds. Mr. Chris Hoisted, City Engineer, stated that it would be beneficial to turn the maintenance over to the Home Owners Association,from a cost stand point and that this could be included with the HOA documents. Councilman Scott made a motion to approve the Final Plat for the Creekside Estates, Phase I, proposed by Bury + Partners—DFW, Inc.,for Campbell/Wylie Partners,for the property generally located east of McCreary Road and north of McMillen Road, and being all of a certain 84.378 acre tract situated in the John H. Mitchell Survey, Abstract No. 589, City of Wylie, Collin County, Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved, 7-0. The Mayor called for a five-minute recess at 8:28 p.m. Council reconvened at 8:35 p.m. 6. Consider and act upon a Final Plat for the Riverchase Addition, Phase H, proposed by Kurtz Bedford Associates,Inc.for the property generally located along the west side of FM 1378 (Country Club Road) and south of Parker Road (FM 2514), and being all of a certain 37.756 acre tract situated in the William Patterson Survey,Abstract No. 716,City of Wylie,Collin County,Texas. Councilman Worley abstained from any discussion or vote on Item 6 and completed the appropriate Conflict of Interest Affidavit. Mr. Claude Thompson provided Council with a brief background of the Final Plat. Mr. Diane Cole, representing D.R. Horton was present to address any questions or concerns of Council. Councilman Scott made a motion to approve the Final Plat for the Riverchase Addition, Phase II, proposed by Kurtz Bedford Associates, Inc. for the property generally located along the west side of FM 1378 (Country Club Road) and south of Parker Road (FM 2514), and being all of a certain 37.756 acre tract situated in the William Patterson Survey, Abstract No. 716, City of Wylie, Collin County, Texas. Councilman Hogue seconded the motion. A vote was taken and the motion was approved,6-0. Councilman Worley abstained. Minutes of November 28,2000 Wylie City Council Page 3 7. Consider and act upon a Final Plat for the Riverchase Addition, Phase III, proposed by Kurtz Bedford Associates,Inc.for the property generally located along the west side of FM 1378 (Country Club Road) and south of Parker Road (FM 2514), and being all of a 42.894 acre tract situated in the William Patterson Survey,Abstract No.716,City of Wylie,Collin County,Texas. Councilman Worley abstained from any discussion or vote on Item 7 and completed the appropriate Conflict of Interest Affidavit. Mr. Claude Thompson provided Council with a brief background of the Final Plat. The applicant,Mr. Diane Cole, representing D.R.Horton was present to address any questions or concerns of Council. There was some discussion with regard to maintenance of streets within the gated community should the Home Owners Association dissolve. It was determined that said streets would be taken over by the City and maintained according to code. There was discussion with regard to fencing, specifically the condition that if fencing should be constructed, "wrought iron fencing will be required back to the park". The applicant stated that they preferred to leave it up to the homeowner whether to fence in their back yards(facing open park site), however, it was clarified that if fencing was desired, it would have to be wrought iron. She stated that they had no problem requiring fencing standards with regard to height and similar design. Councilman Scott made a motion to approve the Final Plat for the Riverchase Addition, Phase III, proposed by Kurtz Bedford Associates, Inc. for the property generally located along the west side of FM 1378 (Country Club Road) and south of Parker Road(FM 2514),and being all of a 42.894 acre tract situated in the William Patterson Survey, Abstract No. 716, City of Wylie, Collin County, Texas. Councilman Hogue seconded the motion. A vote was taken and the motion was approved,6-0. Councilman Worley abstained. 8. Consider and act upon a Final Plat for the Rowan Addition, proposed by Rockwall Surveying Company, Inc., for James Rowan, for the property generally located on the north side of State Highway 78 North,west of Eubanks Lane, and being all of a certain 1.0 acre tract situated in the Francisco de la Pina Survey,Abstract No.688,City of Wylie,Collin County,Texas. Mr. Claude Thompson provided Council with a brief background of the Final Plat. He explained that at the November 7 regular meeting of the Planning &Zoning Commission, the Commission reviewed the site plan and stipulated that the exterior include a 10' masonry wrap around the corners of the building. Councilman Trout made a motion to approve the Final Plat for the Rowan Addition, proposed by Rockwall Surveying Company, Inc.,for James Rowan,for the property generally located on the north side of State Highway 78 North, west of Eubanks Lane, and being all of a certain 1.0 acre tract situated in the Francisco de la Pina Survey, Abstract No. 688,City of Wylie, Collin County,Texas. Councilman Worley seconded the motion. A vote was taken and the motion was approved,7-0. 9. Consider and act upon a Replat for Highway 78 Business Park, proposed by Mobly Land Surveying, Inc., for Todd Misak,for the property generally located on the south side of State Highway 78, between Alanis Drive and Century Way,and being all of a certain 4.333 acre tract situated in the D. Strickland Survey, Abstract No. 841, City of Wylie, Collin County,Texas. Mr. Claude Thompson provided Council a brief background on the Replat. Mr. Thompson stated that at the regular meeting of the Planning and Zoning Commission, the Commission reviewed the site plan and stipulated that no chain link fence can be used on Phase 2. Councilman Worley made a motion to approve the Replat for Highway 78 Business Park, proposed by Mobly Land Surveying, Inc., for Todd Misak, for the property generally located on the south side of State Highway 78, between Alanis Drive and Century Way, and being all of a certain 4.333 acre tract situated in the D. Strickland Survey, Abstract No. 841, City of Wylie, Collin County, Texas. Councilman Trout seconded the motion. A vote was taken and the motion was approved, 7-0. The Mayor then called for a recess at 9:03 p.m.before entering into Worksession. Minutes of November 28,2000 Wylie City Council Page 4 Presentation of Thoroughfare Plan by the North Texas Council of Governments. Mr. Mike Sferra,Director of Public Works and Development Services,was present to provide an introduction of the scheduled worksession and introduce the speakers from the North Central Texas Council of Governments. Mr. Jeffery C. Neal, Transportation Planner and Mr. Michael Burbank, Principal Transportation Planner were present to provide Council an overview of the proposed Thoroughfare Plan. Mr. Burbank outlined the materials that were provided to Council including the process and Technical Advisory Committee members. Wylie representation included Mr. Sherry Sefko, of Dunkin, Sefko and Associates, Inc. and Mr. Mike Sferra, Director of Development Services. Mr. Burbank described the Primary Objective of the plan, which is to ensure the preservation of adequate rights-of-way on appropriate alignments for the appropriate roadway type. He stated that the plan will allow for the expansion and improvement of the thoroughfare system to serve existing and future transportation needs. Also the plan is intended to identify and encourage linkages between existing and planned roadway facilities of jurisdictions,both within and around the study area in order to increase regional connectivity and consistency of the total roadway system. Mr. Burbank described the combined study of population trends and housing summary for the Rowlett-Sachse- Murphy and Wylie areas. Area maps were presented that displayed population density per traffic survey zones, buildout population density per traffic survey zones and peak-hour level of service. Maps were presented that displayed buildout alternatives(addition of 8 route improvements) and the draft recommended Thoroughfare Plan peak-hour level of service in accordance with the buildout year. Also presented was the Thoroughfare Plan staging schedule for the years 2005-2015. Within the Wylie area, reference was made to the draft map that included proposed improvements to State Highway 78, F.M. 544,F.M. 1378 as 6 lane divided roadways. Mr. Burbank pointed out the circled intersections stating that within a 50-75 year time frame,would carry up 80,000 vehicles per day. There was some discussion with regard to railroad crossing. Mr. Neal stated that they are not included in the Plan as they are not considered an air quality or mobility issue. Mr. Johnson, City Manager asked that it be noted that the City is interested in improvements to the railroad crossings,as they will always be a part of our community and transportation concerns. Mr. Johnson also stated that he would like a copy of the draft alignments forwarded to Mr. Mike Sferra, Director of Development Services to provide to Council for any additional input to the recommendations by the Committee. .......::::;: .... John Mondy,Mayor ATTEST: Barbara A Salinas,City Secretary Minutes of November 28,2000 Wylie City Council Page 5 WYLIE CITY COUNCIL AGENDA ITEM NO. 1 Tuesday, December 12, 2000 Issue Consider and act upon an ordinance of the City of Wylie, allowing employees of the City who have terminated previous memberships in the Texas Municipal Retirement System to reinstate (buy-back) previously canceled Creditable Service as authorized under Section 853.003 of Subtitle G of Title 8, V.T.C.A., Government Code as amended. Background Section 853.003, Title 8 of the Government Code, of the Texas Municipal Retirement System Act provides for employees to buy-back forfeited service under certain conditions. The term forfeited service means that in the past an employee has left municipal service and elected to withdraw his or her contributions from TMRS. Those conditions are: • The actuary must determine that all of the TMRS obligations of the City including the Buy-Back ordinance can be funded within the maximum contribution rate and amortization period. • The City must adopt the Buy-Back provision by passing an ordinance. • The employee must be an employee of the City and a member of TMRS on the day the ordinance is adopted. • The employee buying back forfeited service must have at least 24 consecutive months of service with the City since being reemployed. • The employee must pay back the amount of money he/she withdrew from TMRS plus a 5% per year penalty. The deposit of the amount previously withdrawn by the employee shall be credited to his or her individual account in the employee❑s savings fund of the System. The 5% per year penalty is forfeited by the employee and is credited to the City s municipality accumulation fund. Other Considerations N/A Financial Considerations - Revised There will be no financial impact to the FY2001 Budget from the adoption of the proposed buy-back ordinance. The City's contribution rate has already been set by TMRS and will not change again until January 1, 2002. TMRS has calculated that the potential impact upon the City's contribution rate with the adoption of the buy-back provision could be 1.73%. The City's contribution rate will not be changed immediately upon adoption of this provision. The contribution rate will only change after an eligible employee buys back his or her previously forfeited credit. Any repurchase of previously forfeited credit will be included in the following year's actuarial valuation. Financial Considerations - continued The only way to estimate the costs in terms of annual dollars would be to assume a worst case scenario in buy-backs and mutiply budgeted salary in the FY2001 Budget by the estimated buy-back contribution rate of 1.73%. The worst case scenario is that 100% of all eligible employees would chose to buy-back their forfeited credit. If 100% of the eligible employees participated in buy-back, the annual cost based on the FY2001 Budget would be $63,260 per year. However, the historical TMRS experience is that the participation rate of eligible employees usually ranges from 10% to 20%. Based on a 20% scenario, the annual costs would be $12,650 per year. Board/Commission Recommendation N/A Staff Recommendation It is recommended that the City Council adopt this ordinance. Attachments Ordinance Allowing Employees to Buy-Back Previously Forfeited TMRS Credit. Section 853.003, Title 8 of the Government Code TMRS Buyback Report - Eligible Employees repared by Revi ed by Finance City Man pproval ORDINANCE NO AN ORDINANCE ALLOWING CERTAIN EMPLOYEES OF THE CITY WHO HAVE TERMINATED PREVIOUS MEMBERSHIPS IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM, TO DEPOSIT THE SUMS SO WITHDRAWN, PLUS ANNUAL WITHDRAWL CHARGES,AND ALLOWING AND UNDERTAKING THE COST OF ALLOWING ANY SUCH EMPLOYEE CREDIT IN SUCH SYSTEM FOR ALL SERVICE TO WHICH SUCH EMPLOYEE HAD BEEN ENTITLED AT DATE OF WUCH WITHDRAWL, WITHDRAWL, WITH LIKE EFFECT AS IF ALLSUCH SERVICE HAD BEEN PERFORMED AS AN EMPLOYEE OF THE CITY. WHEREAS, the actuary of the Texas Municipal Retirement System has determined that all obligations charged against the City's account in the municipality accumulation fund, including the obligations arising as a result of this ordinance,can be funded by the City within its maximum contribution rate and within its amortization period;and WHEREAS, the City Council has determined that adoption of this ordinance is in the best interest of the City,now therefore, WHEREAS, the City Council of the City of Wylie, Texas finds that it will be in the public interest for the City to have its employees participate in the Texas Municipal Retirement System as hereinafter provided;now therefore, BE IT ORDAINED by the City Council of Wylie,Texas: Section 1. Pursuant to Section 853.003 of Subtitle G of Title 8, V.T.C.A. Government code, as amended,the City of Wylie hereby elects to allow any member of the Texas Municipal Retirement System who is an employee of this City on the—day of , who has terminated a previous membership in said System by withdrawal of deposits while absent from service, but who has ast least 24 months of credited service as an employee of this City since resuming membership to deposit with the System a lump sum the amount withdrawn, plus a withdrawal charge of five percent(5%) of such amount for each year from date of such withdrawal to date of redeposit and thereupon such member shall be allowed credit for all service to which the member had been entitled at date of termination of earlier membership, with like effect, as if all such service had been rendered as an employee of this City, whether so rendered or not The City agrees to underwrite and hereby assumes to obligations arising out of the granting of all such credits and agrees that all such obligations and reserves required to provide such credits shall be charges to this City's account in the municipality accumulation fund. The five percent (5%) per annum withdrawal charge paid by the member shall be deposited to the credit of the City's account in said municipality accumulation fund;and the deposits of the amount previously withdrawn by the member shall be credited to his or her individual account in the employees savings fund of the System. Section 2. This ordinance shall become effective on the day of ,2000 which is a date on or after the date set forth in Section 1,above. PASSED AND APPROVED this the day of , 2000. John Mondy,Mayor ATTEST: Barbara A Salinas City Secretary s (.,; • which the person files an application for payment. The first payment may not be made if the person has resumed employment that would result in 4- -- - suspension of a benefit. x <:. -- (f) If a person became an employee of a municipality other than - the person's reemploying municipality after beginning to receive. a `' retirement benefit, and the person's service retirement annuity was • F. s; suspended under Section 852.108 as it existed at the time of • reemployment, the person may, on written application to the retirement ; system, resume receiving the suspended annuity. : CHAPTER 853. CREDITABLE SERVICE 1 .; - SUBCHAPTER A. GENERAL PROVISIONS Pam. _ §853.001. Types of Creditable Service The types of service creditable as credited service in the retirement system are prior service and current service. §853.002. Benefit Eligibility Based on Credited Service - -- A member's eligibility to receive a benefit is based on credited service at . the time of retirement. �' §853.003. Credited Service Previously Canceled (a) An eligible member who has withdrawn contributions and canceled credited service in the retirement system may reestablish the canceled credit in the system if the governing body of the municipality that _-- •� currently employs the member by ordinance authorizes reestablishment of • -_ • the credit by eligible employee members. j + • (b) A member eligible to reestablish credit under this section is one =r who has, since resuming membership, at least 24 consecutive months of credited service as an employee of the municipality for which the ordinance was adopted. (c) A member may reestablish credit by depositing with the -'� retirement system in a lump sum the amount withdrawn from the system, ; < plus a withdrawal charge computed at an annual rate of five percent from f the date of withdrawal to the date of redeposit. (d) Credit reestablished under this section is treated as if all service j y on which the credit is based were performed for the municipality s. authorizing the reestablishment. —>?k_ • 21 ' -. ..._.- . - — {L J .:. fit.. .7. T ,_..._,r s--•.,-r-s n.- --3- xr _ ,,r - -- M T . _ ,.. �ju,,,,1V•+.vPv.e ?: n j. " lit ~i+s� 3,k� ..12- .' --�sF r ,_- _ .' :4a�3,s >. �r.a v 'i r " xr rtr fe i .c .. x. , Z — hE' a�..u. -r..si Y-W �. a.-a"s'? s ';: i *. is r-f yi r. C 4w ^^G A-gf5 `�-`i1 L - V± t'_ _-2 1 W-k-7 .+f i _S'+r14'2 .�'_1T- 4• !._.za$G v12 S ..-.. - -c 't"- . 4 -x� 3y s'Ate.,r£[ $i 4 .ai 7d },a ..-.iJ f` s^ r -t v _ _ .. s ti s. .' ccg �. ''Cv. 24.. ,..:-`„^iY Ckkt,INS' •= _ ,.+T' 'll� }'W -- Y�:T H a�Cd-.moE '�-.wte .`3,J3 �} t •.3r.Y":s •'.,Y"i.�.." .'a �,'M :.Se L3A T,fr ..e-_ ' _ i.4 Y vn. w � '�jr''k- x�6"r,:•.4..Cn�C,..o .7�.:.', dv,�,n. ,.. _ _ mo+ _ r, * _ Sa ._ `, " �'rwz,, V.s .giT t!y"1•E . r .mo . L*11 a,�+• _._.. .._... A • (e) A governing body may not adopt an ordinance under Subsection (a) unless the actuary first determines that all obligations charged against the municipality's account in the municipality accumulation fund, including the obligations proposed in the ordinance, can be funded by the municipality within its maximum contribution rate and within its amortization period. (Sections 853.004 to 853.100 reserved for expansion] SUBCHAPTER B. ESTABLISHMENT OF PRIOR SERVICE §853.101. Creditable Prior Service Prior service creditable in the retirement system is: (1) service performed as an employee of a participating department of a municipality before the date the department's participation in the retirement system became effective; ,r (2) for a person who becomes a member of the retirement system under Section 852.105, service performed as an employee of a participating .department during a time the person was ineligible for i membership because of age; or (3) for a person entitled to prior service credit under Section 853.102(a)(3), service for which current service credit has not been granted that was performed as an employee of a participating department Nor during a time the person was ineligible to participate because of age. .r §853.102. Eligibility for Prior Service (a) . A member is eligible to receive credit in the retirement system for prior service if the member: (1) became a member as an employee of a department of a • municipality on the effective date of the department's participation in the retirement system; (2) became a member as an employee of a department of a municipality before the fifth anniversary of the effective date of the e department's participation and continued as an employee of a • = participating department of the municipality for at least five consecutive years after reemployment; or C C (3) became a member September 1, 1987, by virtue of Sections 852.101(a)(3) and (b) and has service before that date with a . C Municipality that has adopted the provisions of Section 852.105. n2 C 2, : ti - Y' .. _ _ .. - 1 1 _ t _. vl f . .lam l t` ! r s • f � ae " > a - ;,X �l�i'y. T' ,Jay �y:�•'{��1 s"t j �` S t lr - - y .y .w� tt�f,..i� .moo. � C • : t T `.... ['"'": - :...t�• ..�i.a— - w- +f'.SRx .,..-� Y.� ..--,:i". h� r � r 5 .1. •r . .. -.-r .. .. _. .. .. -_ .... a .. l 3 ,i'�•i, TMRS REPORTB-228(2.0.3) Texas Municipal Retirement System 06-30-2000 • Buyback Report for Wylie(01410) City Deposit Date 05-2000 • • • • Birth Part Service Buy Back Penalty Forfeited Monthly • Member Name ' ` .Social Security Date Sex Date Months Months Amount Money Salary A Kennedy Gibsc 311-92-1142 09-1965 M 01-2000 5 93 1,317.98 21,087.63 2,637.00 A L Allen ••313-60-3317 11-1955 F 02-1998 28 47 1,202.20 4,181.57 2,467.00 S M Morse • 438-17-6449 11-1962 F 09-1995 163 32 2,100.94 6,149.09 3,434.00 G F Fleetwood 447-54-0128 09-1952 M 01-1999 17 223 11,340.73 29,228.17 3,174.00 K L Gray 450-72-1895 08-1944 M 06-1996 106 56 1,611.01 1,186.02 2,414.00 S A. Joynt, Jr': 453-37-1616 10-1961 M 10-1999 145 7 212.87 290.28 2,493.00. M J. Schaffer 454-31-9458 10-1962 F 06-2000 0 80 3,596.12 7,091.87 1,927.00 C A Howell 455.-04-1696 08-1955 M 11-1992 91 5 220.18 574.39 3,856.00 • B F Maddox 456-25-1430 07-1958 M 10-1997 32 25 1,059.45 1,102.43 1,733.00 B L Mace 456-49-1137 01-1964 M 10-1999 17 82 2,562.97 5,670.96 1,298.00 F David Perkin 456-68-7490 07-1945 M 09-1997 33 65 2,935.66 8,044.66 2,529.00. S Satterwhite • 458-67-7881 02-1968 M 02-1996 92 29 985.41 3,753.94 4,293.00 S A English •461-11-6017 04-1959 M 02-1994 256 12 568.29 565.93 5,044.00 M S Manson' 461-35-1989 10-1958 F 10-1995 129 56 2,869.26 4,684.51 3,893.00 K R Riley : 464-49-6818 03-1964 F 11-1998 19 77 3,295.82 10,544.08 2,781.00 S A. Ramirez, . 466-17-5673 09-1965 M 06-1999 42 73 1,449.03 5,327.17 2,090:00 R E Sims 467-31-4616 04-1960 M 02-1992 100 8 250.41 236.61 3,548.00 G R Bailey 467-98-9353 04-1955 M•11-1995 163 130 7,472.68 21,278.75 1,813.00 M B. Davis , 481-62-3166 08-1949 M 02-1997 39 67 5,644.45 5,715.90 3,317.00 S Jean Laird 537-74-5327 11-1960 F 10-1999 8 49 354.86 8,516.56 2,158.00 Total No.of Members . 20 Totals— 1216 145,230.52 Total Contributions 172,619.61 1485 51,050.32 56,899.00 Avg.Yrs.of Service 6.19 • • WYLIE CITY COUNCIL AGENDA ITEM NO. 2 December 12, 2000 Issue Consider and act upon an appointment of a representative for the City of Wylie in the Southeast Collin County E.M.S. Coalition as well as a back-up representative. Background The City of Wylie entered into an interlocal cooperative purchasing agreement for ambulance services with the cities of Sachse, St. Paul, Murphy, Lucas, Lavon and Parker. This interlocal agreement established the ad hoc Southeast Collin County E.M.S. Coalition. Currently, the Coalition is developing amendments to the contract with East Texas Medical Services which requires each city council to appoint a representative to attend the Coalition meetings and deal with issues regarding contract and Advisory Board recommendations. It is preferable that the representative be an elected official; however, it is not necessary for the back-up. The back-up representative will represent the City of Wylie in case the primary representative is unavailable. Other Considerations The City of Sachse has decided to continue its membership in the Coalition and has agreed to a three- year contract with East Texas Medical Service for ambulance service. Financial Considerations N/A Board/Commission Considerations In the future, the City Council may want to revisit the purpose and direction of the Ambulance Advisory Board and its integration with the Coalition. Staff Recommendation Staff recommends that Council appoint one elected official to represent the City of Wylie during Southeast Coalition meetings and a back-up representative. Attachments N/A Chief Shan. A. English Prepared by Revi ed by Finance City M nage pproval WYLIE CITY COUNCIL AGENDA ITEM NO. 3 December 12, 2000 Issue Consider and act upon approval of a Summer Concert series, "Live in Olde City Park." Background In order to promote the Downtown Wylie area the Parks and Recreation Department is proposing a series of 6 concerts at Olde City Park. These concerts will feature a variety of artists and will begin May 24, 2001. Staff has contacted a local production company, Ken-Ran Productions, to assist in the coordination of the events. Ken-Ran Productions produces concerts for many other local cities such as the City of Rockwall and the City of Lancaster. Financial Considerations There is $20,000.00 currently budgeted in the 4B budget for the concerts. Other Considerations N/a Board/Commission Recommendation N/a Staff Recommendation Work with Ken-Ran Productions, Wylie Chamber of Commerce, and the Wylie Downtown merchants to produce and promote the concerts. Attachments Copy of proposal from Ken-Ran Productions. repared by Revie by Finance City Manag pproval Nov.28 '00 11:32 FAX P. 1 va 1- 14' ri• 10 : s � RODVcTtON $ SPEAKERS - COMEDIANS - NATIONAL ACTS • SOUND& LIGHTS -1AAI 1,1-0yn, TO: Robert Diaz - City of Wy Ltifrk deole5 FAX: (972) 442-8198 - d° 114 FR: Stewart Schwensen FAX: (972) 690-66899 0 OF PAGES INCLUDING COVER SHEET November 24 2900 Here is a proposed lineup for the summer conceit series. I have worked out a deal with a production company that I do a lot of business with to provide the l&Vowing: stag*" sound and lights. They will bring the stage out each week and set it up and tear it down after the show. I strongly sum god this route. All you hew to provide is adequate power supply and some cold bevy (water, sodas,etc)for the performcra. I will provide the following acts and all production sod sag for S20,000. May 2' Pete Benz(C&W) May 31111 Diva 0&High Maintenance(variety/pop) June 7" Me& My Monkey(Beatles) June l4't Jazz INC. (big bend) June zl• Chemistry(variety/pop) June ZSa Scott whirl (C&W) If this is acceptable,please let ma know ASAP so that I can secure the dates. I will need a 30%deposit(S6,000). After that payment to the acts and production company will be mars on the night of the performance. Sincerely. Stewart Schwensen 7i NORM t 4mAL Div.-$IDG.3-UTE=00•RICHAIt8ON,TX 76000-www.Nuuancom-9 72490.6099-FAX-971004689 WYLIE CITY COUNCIL AGENDA ITEM NO. 4 December 12, 2000 ISSUE Consider and act upon approval of the purchase of a rubber-tired excavator to be utilized by the City of Wylie's Public Works Department. BACKGROUND To adequately channel storm water runoff, many of the existing drainageways in the City of Wylie are in need of routine maintenance and clearing. Over time, these channels tend to become silted in, filled with debris and overgrown with brush and vegetation. Periodic maintenance will keep the drainage channels functioning at optimum levels and reduce the possibility of localized flooding due to impeded water flow. Currently, the City's drainage channel maintenance is outsourced to general contractors who have the appropriate equipment to perform this work. Delays in performance of the work can occur while awaiting contractor mobilization. Procurement of the necessary excavating equipment will enable City crews to perform the work as needed and in a more timely fashion. Staff has located a suitable rubber-tired excavator at the Texas General Services Commission's surplus property yard in San Antonio. The 1986 model John Deere 690 excavator was formerly the property of the U.S. Air Force and is available to participating entities through the Federal Surplus Property Program. After a thorough inspection of the equipment by the Public Works Superintendent, arrangements were made to have the excavator delivered to the City on approval. The purchase price, as determined by the GSC, is $33,000.00, plus a delivery charge of$750. The excavator comes with a jack hammer pavement breaking attachment and an"orange peel" grappling device but it lacks the clean- out bucket necessary for drainage channel maintenance. The Public Works Superintendent feels that he can obtain a clean-out bucket and digging bucket and make necessary modifications to the cab for less than $10,000.00. Should the City decline to purchase the equipment, it will be returned to the GSC and the City will pay only the transportation costs. Because the excavator is outfitted with rubber tires, it is highly mobile and is not subject to the special transportation needs and permitting required for similar equipment with tracks or treads. The Public Works Department will use the equipment for construction and routine maintenance of existing and proposed drainage channels, streams, creeks, culverts and other projects requiring substantial earth moving capabilities. The department has qualified equipment operators capable of operating the excavator. FINANCIAL CONSIDERATIONS With Council approval, the excavator and required accessory equipment will be purchased with bond funds remaining from the Presidential Estates drainage project. Of the $100,000 in bond monies allocated to Presidential Estates, a total of$39,493.02 was required to complete the project, leaving $60,506.98 in available bond funds. OTHER CONSIDERATIONS The procurement of surplus equipment from another government entity is exempt from statutory competitive bidding requirements under Chapter 252 of The Texas Local Government Code. STAFF RECOMMENDATION Staff recommends that Council approve the purchase of the rubber-tired excavator from the Texas General Services Commission for the sum of $33,750.00. 461,GiVAC) Prepared by Revie by Finance City Man proval WYLIE CITY COUNCIL AGENDA ITEM NO. 5 December 12, 2000 Issue Consider and act upon a Final Plat for the Mobile Home Estates, Phase I Addition, proposed by Doug Connally & Associates, Inc. and being all of a certain 258.963 acre tract generally located west of County Line/Vinson Road and north of Trewitt Lane, situated in the Elisha M. Price Survey, Abstract No. 1114, City of Wylie, Collin County, Texas. Background The Final Plat under consideration is Phase 1 of the Mobile Home Estates Addition, for a master planned mobile home/manufactured housing residential community. This plat will create 106 mobile home residential spaces, private streets and certain common areas and drainage ways to be maintained by the Homeowners Association. Additional right-of-way for future expansion of Vinson Road (FM 544) is provided by this plat. The plat contains a total of 25.963 acres. The Preliminary Plat for the development of this phase was approved by city Council in December of 1999. The proposed development is an expansion of the existing Redwood Mobile Home Estates. The future Phase 2 will provide expansion to the north, and will require a Final Plat prior to issuance of a building permit. Financial Considerations Final Plat application fee has been paid. The applicant is aware that all other fees associated with new subdivision development must be paid prior to filing the final plat with Collin County. Impact Fees: Water $74,200; Sewer $149,672. Other Considerations • Staff has reviewed the proposed plat for the Mobile Home Estates, Phase I Addition and found it to conform with the approved Preliminary Plat and to be in technical compliance with all applicable State subdivision regulations. The plat also complies with all Subdivision Regulations and other pertinent development ordinances of the City of Wylie. • All streets will be private and maintained by the Homeowners Association, but are dedicated by the plat as public utility, drainage and storm sewer easements, and will always be open to access by emergency vehicles, utility maintenance and service personnel, solid waste collections, Postal Service and government employees. • The 1.12-acre Area B provides common open space for recreational uses. The 0.95-acre Area A provides a combined open recreation space and utility/drainage easement to connect with the existing utility/drainage easement. The open space and drainage functions will be private and maintained by the Homeowners Association. • All infrastructure and improvements are to be constructed to City of Wylie standards. Board/Commission Recommendations At the November 21, 2000 Planning and Zoning Commission meeting, the Commission voted to favorably recommend this case, contingent upon verification by the City Council that no moratorium restricts the use. [Section 90.73 of the Code of Ordinances of the City of Wylie provides that "no additional manufactured home park zoning will be granted until the number of dwelling units drops below five percent of the total number of all dwelling units authorized by platting and existing subdivisions within the city limits." The subject property was zoned for mobile home uses prior to the enactment of Section 90-72.] Staff Recommendations Approval. The Departments of Public Works, Fire, Police and Development Services concur with this recommendation. Attachments Final Plat Prepared by Revie by Finance City Ma age proval WYLIE CITY COUNCIL AGENDA ITEM NO. 6 December 12, 2000 Issue Consider and act upon a Final Plat for the Cimarron Estates Addition, proposed Tipton Engineering, Inc., and being all of a certain 112.429 acre tract generally south of State Highway 78 and east of Kreymer Lane, situated in the Francisco de la Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas. Background The Preliminary Plat under consideration is the Cimarron Estates Addition. This plat will create 379 single-family residential lots and a 4.5-acre City park. The realignment of old State Highway 78 to connect with Brown Street is provided by this plat. The plat contains a total of 112.429 acres. Financial Considerations Final Plat application fee has been paid. The applicant is aware that all other fees associated with new subdivision development must be paid prior to filing the final plat with Collin County. Impact Fees: Water - $265,300; Sewer - $535,148. Other Considerations • Staff has reviewed the proposed plat for the Cimarron Estates Addition and found it to be in technical compliance with all applicable State subdivision regulations. The plat also complies with all Subdivision Regulations and other pertinent development ordinances of the City of Wylie. • Properties to the north fronting S.H. 78 are zoned for B-2 (Business-2) uses and are undeveloped. Property to the west is zoned A(Agriculture) district, platted as the Wylie Ranch East subdivision and largely developed as 2-acre residential uses. Property to the east is undeveloped and within unincorporated Collin County. • The proposed plat accommodates the realignment of old S.H. 78 and the Brown Street connection with the new Anson Parkway/Irvine Drive/Johnson Crossing corridor, a 60 feet wide right-of-way to be constructed to collector street standards. • Primary access/egress to S.H. 78 on the north is limited to Anson Parkway. Two streets provide access/egress to Brown Street on the south in addition to the Anson/Irvine/Johnson collector. No street connection is provided to the west or east. • The SF-2 (Single-Family Residential) zoning district requires a minimum lot area of 8,500 square feet. All lots conform to this requirement. • The park will be dedicated to the City and developed as a neighborhood park. Board/Commission Recommendations At the November 21, 2000 Planning and Zoning Commission meeting, the Commission voted 5-1 to favorably recommend this case, contingent upon the reconfiguration of streets surrounding the park in order to achieve additional park land and no residential adjoining the park. Staff Recommendations Approval. The Departments of Public Works, Fire, Police and Development Services concur with this recommendation. Attachments Preliminary Plat Prepared by eview y Finance City Mana prova 1 WYLIE CITY COUNCIL AGENDA ITEM NO. 7 December 12, 2000 Issue Consider and act upon a Final Plat for Lakeside Phase III Addition, proposed by Carter and Burgess, Inc., and being all of a certain 37.090 acre tract, located north of FM 544 and east of McCreary Road, and situated in the Moses Sparks Survey, Abstract No. 849, and the G.W. Gunnell Survey, Abstract No. 351, in the City of Wylie, Collin County, Texas and being all of a tract conveyed as Phase 3, Tract E by deed to Pulte Homes of Texas, L.P. recorded in county Clerk's File No. 98-0048407 and all of a Tract conveyed as Phase 3, Tract F by deed to Gehan Homes, LTD, recorded in County Clerk's File No. 98- 0048408, of the Real Property Records, Collin County, Texas. Background The Final Plat under consideration is Phase 3 of the Lakeside Estates Planned Development District (originally PD 94-07 as Sage Creek Estates) for a master planned single-family residential community. This plat will create 176 private single-family residential lots and certain common areas to be maintained by the Homeowners Association. The plat contains a total 37.090 acres. The Preliminary Plat/Development Plan for this phase was approved by the City Council in March of 2000. A Final Plat for Phase I was approved and filed in November of 1999 and a Final Plat for Phase II was approved and filed in August of 2000. Financial Considerations Final Plat application fee has been paid. The applicant is aware that all other fees associated with new subdivision development must be paid prior to filing the final plat with Collin County. Impact Fees: Water - $125,300; Sewer - $248,512. Other Considerations N/A Board/Commission Recommendations At the December 5, 2000 Planning and Zoning Commission meeting, the Commission voted 5-1 to favorably recommend this case. Staff Recommendations Approval. The Final Plat conforms to the approved Preliminary Plat and is in technical compliance with all applicable State and local subdivision regulations. The Departments of Public Works, Fire, Police and Development Services concur with this recommendation. Attachments Final Plat Prepared by Review by Finance City Manager proval WYLIE CITY COUNCIL AGENDA ITEM NO. 8 December 12, 2000 Issue Hold a public hearing and consider and act upon an ordinance of the City of Wylie finding, after reasonable notice and hearing, that TXU Gas Distribution's rates and charges within the City should be changed; determining just and reasonable rates; adopting weather normalization adjustment; rejecting plant investment clause; approving an adjustment factor for certain fees and taxes; providing for recovery of rate case expenses; preserving regulatory rights of the City; ordering that the company file tariffs reflecting approved changes in rates and charges; providing for repeal of conflicting ordinances. Background In November 1999, TXU Gas Distribution (a.k.a. Lone Star) received a rate increase after agreeing to the lowest settlement (as a percentage of overall request) of any distribution rate filing. The Company has continued to make substantial new investment in the Northeast Metro area to respond to growth. The company requested a further increase in rates of$9,272,656. That request was based upon $21.2 million of new investment and a desire for an increased rate of return. The Company's proposed effective date of September 5, 2000, was suspended until December 4, 2000, by City resolution to allow consultants an opportunity to review the Company's application. The Company has agreed to extend City jurisdiction until December 8, 2000. The City's consultant recommended that TXU Gas Distribution's rates be increased by $3,749,743. After consultation with the City's consultant and counsel and after negotiation with TXU, the Cities Steering Committee reached an agreement to increase the consultant's recommendation by $1,000.000. While the $4,747,743 increase reflects 50.37% of the Company's request, the amount to be borne by residential and commercial customers is 42% of the Company's request. TXU had proposed to recover 98% of its request from residential and commercial customers. The Company agreed to the Cities; demand that the residential and commercial rate increase be fixed at 5%. That leaves a residual of $783,248 that the Company must recover from industrial and transport customers, most of whom take service under contract rates that are negotiated agreements. The settlement agreement reached with the Company authorizes no changes in customer charges, line extension policy, service charges, or automatic adjustment clauses. The Company again proposed an automatic adjustment clause for changes in plant investment. That clause was rejected in the past case and the Cities continue to find the clause unreasonable. The weather adjustment and franchise fee/tax adjustment currently in place will be perpetuated. Financial Considerations When the Steering Committee hires legal and/or consulting services to negotiate with TXU, the cost is normally passed on to ratepayers at the conclusion of the case. This is usually done over a 6-month period and adds a few cents to each ratepayer's monthly billing. Other Considerations N/A Staff Recommendation It is recommended that the City Council adopt this ordinance. Attachments Ordinance Exhibit A—Customer Charges Consultant's Report Executive Summary from TXU Lone Star 6'rep red by Revi ed by Fina e City Man er proval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, FINDING, AFTER REASONABLE NOTICE AND HEARING, THAT TXU GAS DISTRIBUTION'S RATES AND CHARGES WITHIN THE CITY SHOULD BE CHANGED; DETERMINING JUST AND REASONABLE RATES; ADOPTING WEATHER NORMALIZATION ADJUSTMENT; REJECTING PLANT INVESTMENT CLAUSE; APPROVING AN ADJUSTMENT FACTOR FOR CERTAIN FEES AND TAXES; PROVIDING FOR RECOVERY OF RATE CASE EXPENSES; PRESERVING REGULATORY RIGHTS OF THE CITY; ORDERING THAT THE COMPANY FILE TARIFFS REFLECTING APPROVED CHANGES IN RATES AND CHARGES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES WHEREAS, the City of Wylie ("City"), acting as a regulatory authority, has previously suspended the effective date of TXU Gas Distribution's ("Company") application to increase rates in the City in order to study the reasonableness of that application; WHEREAS, the City of Wylie, in a reasonably noticed public hearing considered the Company's application, a report from the City's consultants who were retained to evaluate the merits of the Company's application and a settlement agreement negotiated with TXU Gas Distribution by a Steering Committee of Cities on the Northeast Metro Distribution System; WHEREAS, the City has determined that the Company's rates within the City should be changed and that the Company's application should be granted, in part, and denied, in part; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Wylie, Texas: SECTION 1. That the existing rates and charges of TXU Gas Distribution are hereby found, after reasonable notice and hearing, to be unreasonable and shall be changed as hereinafter ordered. The changed rates resulting from this Ordinance are hereby determined to be just and reasonable rates to be observed and in force within the City. SECTION 2. That it is hereby ordered that the Company's rates in the City be set on the basis of a $4,749,743 increase in overall system average revenues. That revenue deficiency shall be allocated in the following manner: a $3,062,760 increase in system average residential revenues, a$903,735 increase in system average commercial revenues and a $783,248 increase in system average industrial and transportation revenues on the Northeast Metro Distribution System. The increase in overall system average revenues also includes a $432 increase in other revenue (associated with service charges) over test year levels. Pursuant to Texas Utilities Code Section 103.001 the City establishes rates and charges consistent with these allocations. To the extent that industrial and transportation customers have competitive options, the rates established by this ordinance constitute "not to exceed" rates in recognition of the right of such customers to negotiate reasonable rates. SECTION 3. The residential, commercial and industrial rates resulting from this Ordinance shall be adjusted upward or downward from a base per Mcf city gate rate set by the Railroad Commission of Texas by a Gas Cost Adjustment Factor or comparable mechanism authorized by the Railroad Commission of Texas. Industrial rates shall be adjusted in accordance with contractual terms or tariffs as may be appropriate. The city gate rate shall be adjusted by a volume factor of 1.0177 to recognize lost and unaccounted gas on the Northeast Metro Distribution System. SECTION 4. The Weather Normalization Clause proposed by the Company is adopted. The Plant Investment adjustment clause proposed by Lone Star is unreasonable and is specifically rejected. The Company is authorized to adjust monthly bills to reflect changes in municipal franchise fees, street and alley assessment and state gross receipts taxes imposed by Sections 182.025, 182.024 of the Texas Tax Code occurring after the effective date of this ordinance. SECTION 5. Existing monthly customer charges, miscellaneous service charges and line extension charges as reflected in Exhibit A are reasonable and shall be continued. SECTION 6. School districts will continue to be billed in the rate classification they were in during the test year. SECTION 7. TXU Gas shall file with the City, no later than the effective date of the changed rates ordered herein, revised Tariffs and Schedules, together with rate design workpapers and supporting data as requested, setting forth the rates, tariffs and charges based upon the increases and charges prescribed herein. Such Tariffs and Schedules may be modified or amended by the City Council to comply with the provisions of this Ordinance within twenty (20) days from the date the filing with the City, otherwise the same shall be considered approved as filed. SECTION 8. The fees and expenses associated with the City retaining counsel and consultants to investigate the Company's application are reasonable and are to be paid by TXU Gas and recovered from ratepayers through a system-wide surcharge spread over a six month period. The Company shall provide a monthly accounting to the City showing, by months, the amount recovered through the surcharge. SECTION 9. The rate charges ordered herein become effective for billing on December 9, 2000. SECTION 10. This Ordinance shall be served on Lone Star by U.S. Mail to the Company's authorized representative, Autrey Warren, Regulatory Financial Manager, TXU Business Services, 1601 Bryan Street, Dallas, Texas 75201-3411. SECTION 11. Nothing contained in this Ordinance shall be construed now or hereafter in limiting or modifying, in any manner, the right and power of the City under law to regulate the rates and changes of TXU Gas. SECTION 12. All ordinances, resolutions, or parts thereof, in conflict with this Ordinance are repealed to the extent of such conflict. SECTION 13. It is hereby found and determined that said meeting at which this Ordinance was passed was open to the public, as required by Texas law, and that advance public notice of the time, place and purpose of said meeting was given. Duly passed and approved by the City Council of the City of Wylie, Texas, on this the 12th day of December, 2000. John Mondy, Mayor ATTEST Barbara Salinas, City Secretary Exhibit A The following service charges shall be applicable: 1. Connection charge Business hours $35.00 After hours $52.50 2. Read for Change Charge $12.00 3. Returned Check Charge $16.25 4. Delinquent Notification Charge $ 4.75 Main Line Extension Rate The charge for extending mains beyond the free limit established by Franchise for residential, commercial, and industrial customers shall be based on the actual cost per foot of the extension. Customer Charges Residential $ 7.00 Commercial $12.00 1764\00\mmo00l 117gmg 10/18/00 16:44 FAX 512 472 0532 _ LLOYD GOSSELLINK ET AL 1003/025 _ 10,18'oo WED U8:45 FAX 972728021Z C2 CONSULTING Im 002 • ONSULTING SERVICES, INC. 7801 pencross Ln. Tel.(972)726-7216 Fax(972)726-0212 Dallas,Texas 75248 October 17,2000 Mr. Geoffrey Gay Lloyd,Gosselink,Blevins,Baldwin&Townsend,P.C. 111 Congress Avenue, Suite 1800 Austin,Texas 78701 Dear Mr.Gay: C2 Consulting Services,Inc. ("Cr)has completed the evaluation of TXU Gas' ("TXU" or the "Company") Statement of Intent to change natural gas burner tip rates for the residential, commercial and industrial customers served within the Northeast Metro . Distribution System} The following preliminary discussion provides an overview of the Company's filing,the analyses performed and preliminary recommendations with regard . to potential regulatoryactions. As of the writing of this report, several discovery issues remain outstanding. Upon receipt of the requested information, C2 will update this preliminary analysis. This study does not constitute an examination of the financial condition of TXU or its parent company. As such,C2 cannot and does not express any position with regard to the accuracy or validity of the financial information provided by TXU during the course of the analyses. Additionally, any lack of discussion with regard to TXU's regulatory treatment of investment/costs does not necessarily indicate acquiescence by C2. BACKGROUND On or about July 28, 2000 TXU filed a Statement of Intent with the Cities that includes the following changes to the current burner tips rates: • ' The filing includes proposed changes in rates in 6ixteen jurisdictions. The schoolscher ged the public schools contract rocs during the test year(Little Elm have been, Rowlett and Sachem) P by TXU in the commercial customer class along with the schools located in the other thirteen jutisdictioas- i 10/18/00 16:44 FAX 512 472 0532 LLOYD GOSSELLINK ET AL 0 004/025 nc►r ue:4n r.L ar2I2OULJ4 t:L CONSLIL.11NG 10003 Mr. Geoffrey Gay October 17,2000 Page 2 Customer Commodity Charge S per MCF Residential:(1) Current Rates $7.00 53.5321 TXU Proposed Rates SS_00 53.9549 Customer First 20 Next 30 Over 50 Charge S per MCF $per MCF S per MCF Commercial:(1) Current Rates $12.00 53.8970 S3,5970 $3.4470 TXU Proposed Rates $14.00 S4.1717 S3.8717 $3.7217 Current Proposed Industrial:(2) Charge Rate (1)First 125MCF $202,39 $237.60 (1)Over 125 MCF $1.580 51.810 (2)First 600 MCF S905,26 $1026.19 (2)Over 600 MCF $1.434 $1945,45 (3)First 1250 MCF 51748.12 $2005.50 (3)Over 1250 MCF S1,374 $1.522 . (1)Rates are applicable for all Cities except Little Elm and Prosper which were added to the system in this filing , (2)Industrial rates are established in sets of"first"and"eves"depending on typical usage pattuns •TXU proposed rates include$2.7535 per MCF for gas costs with corrections to actual costs performed based on the monthly gas cost adjustment clause.2 As shown.TXU's proposes to increase both the commodity rates per MCF usage and the monthly customer charges. The combination of these proposed increases results in the following overall changes:3 • Residential Rates—12.54%increase • Commercial Rates—8.67%increase • Industrial Rates—17.79%increase =The June 22.2000 Railroad Commission Final Order in GUD Docket No.8976 established a slight decrease in the current city gate rate. However,it is C2's understanding that the Company has tiled a motion for rehearing. Depending on the outcome of such rehearing, a revised computation is necessary to incorporate the new city gate rate in the final rates approved by the Cities. 7 These percentage increases arc based on the average for the entire system. Variations exist among Cities. However only slight variations exist for those Cities that were included in the prior Northeast Metro Distribution System filing. The Cities of Prosper and Little Elm have the largest variations With proposed changes in residential rates of(14.35%)and 14.19%,respectively and proposed changes in commercial rates of 13.67%and 4.15%,respectively. 10/18/00 16:44 FAX 512 472 0532 LLOYD GOSSELLINK ET AL 1 005/025 10/17/00 TUE 19:35 FAX 9727250212 C2 CONSULTING o01 Mr. Geoffrey Gay October 17,2000 Page 3 In addition to the proposed changes in the monthly rates, TXU proposes to increase/decrease various service charges and to include automatic adjustment computations to:4 1. Allow for adjustment to the amount of MCFs for which customers are billed to more closely reflect normal weather patterns. 2. Allow for adjustment to operating expenses to reflect increases/decreases in such expenses. 3. Allow for adjustment to the amount of investment on which the Company is authorized to earn the established rate of return. ANALYSIS OF THE FILING Project Activities During the course of th©analysis,C2 performed the following activities: • Review of the filing to determine TXU's proposed computations with respect to investment, return on investment, operating expenses, customer class cost allocations and rate design. • Submission of follow-up data requests and subsequent review of TXU responses. , • Review of Railroad Commission decisions and other relevant information. • Development of potential alternatives available to the Cities in establishing the appropriate burner tip rates. Summary of Findings Based on the analysis of the filing, subsequent information provided by the Company, and a cost allocation methodology that more closely assigns costs based on a cost/causal relationship,C2 concludes the following: 1. The current annual revenues received from all customers served within the Cities are not sufficient in providing a reasonable return on the total investment in the Northeast Mctro Distribution System. As shown on Schedule 2, current revenues are deficient by approximately $3,418,500 for the total system.5 In large part,the noted revenue deficiency is due to the a Under 2XU's proposal,these computations would be performed without the Company having to file for a requested change in rates. This amount is prior to the deduction of the proposed increases in service charges. Including the service charge reduces the required increase in burner tip rates for the system to approximately 55,418,000_ 10/18/00 16:44 FAX 512 472 0532 LLOYD GOSSELLINK ET AL 1006/025 10l17/00 Tt7E ;19 ti FAX e7272e0212 C2 CONSULTING fit002 Mr. Geoffrey Gay October 17,2000 Page 4 increase in investment for the additional jurisdictions added to the system as well as growth in the number of customers served.' 2. The current annual revenues received from residential customers located within the Cities are not sufficient to provide the Company with a reasonable return on the investment required to provide service to this customer class, As shown on Schedule 2, the current rates for residential customers generate revenues that are deficient by approximately$582,700. 3. The current annual revenues received from the commercial customers located within the Cities are not sufficient to provide the Company with a parity return on the investment required to provide service to this customer class. As shown on Schedule 2, current revenues from the commercial class should be increased by approximately$1,009,000. 4. The current annual revenues received from both industrial and transport customers located within the Cities are not sufficient to provide the Company with a parity return on the investment required to provide services to these customers. As shown on Schedule 2, the current revenues from both industrial and transport customers should be increased by approximately $1,806,800. 5, The current annual revenue received from the public schools not included in the commercial class (Garland. Rowlett, Sachse, and Little Elm) arc not sufficient to provide the Company with a parity return on the investment required to provide services to these customers. As shown on Schedule 2,the current revenues from these schools should be increased by approximately $20,000. 6. The Company's proposed increases/decreases in selected service charges appear reasonable. 7. The proposed weather normalization clause appears reasonable with the requirement that regular reporting of its use and effectiveness is provided. 8. The proposed adjustment clauses related to changes in operating expense (COSA)and investment(PICA)appear to severely limit the Cities' regulatory review over potential future changes in the rates to be charged. "The taut rate tiling was based on a test year ended June 30, 1998. The proposed teal system investment in that filing was$86,009,559. The recommended total sysem investment for this filing is 5102,070,783. CZ notes that the Company proposed a revenue requirement in the last filing of S81,027,650. In this filing, the Company shows annualized revenue of582,250,576,before any proposed increase. 10/18/00 16:45 FAX 512 472 0532 LLOYD GOSSELLINK ET AL l 007/025 -- i0/17/00 TUE 19:36 FAX 9727260212 C2 CONSULTING Zoos Mr. Geoffrey Gay October 17,2000 Page 5 A. Analysis of Investment in the Northeast Metro Distribution System Prior to the allocation of investment and expense to each of the customer classes served within the Northeast Metro Distribution System, C2 evaluated the appropriateness of TXU's proposed total investment in the system. As shown on Schedule 3, TXU proposes a net original cost of investment in the system of S107,249,424_ C2 is recommending a net original cost of investment of S102,070,783-, a reduction of $5,178,641. This summary reduction is comprised of three major issues with respect to '1'X1.7's proposal: 1- As shown on Schedule 3, C2 is recommending an adjustment to net plant in service. The first component of this recommended adjustment for distribution plant is related to a disallowance of certain CCNC as completed plant in service. Based on the filing, $2,182,407 of the proposed CCNC for distribution plant had not been placed into service at test year-end. In C2's opinion, these amounts should not be considered plant in service, but rather should continue to be evaluated as Construction Work in Progress("CWIP"), Although placed into service subsequent to the test year-end,the Company has failed to match any additional revenue/expense related to this investment as providing service to customers. Similar to the above is the recommended adjustment to exclude S5,445,913 of CCNC proposed as plant in service for general plant.' Although the Company shows this amount as completed by test year end, the Company has not included the impacts of such investment on the revenue/costs of the system. More specifically,the entire general plant CCNC is related to computer software for a Distribution Information System. According to the Company, this system is for an enhancement of graphical mapping used for planning, design and mapping of projects. Based on response to RFI 1-26: "The Distribution Information System (DIS) is expected to improve TXtJ Gas Distribution operation. With respect to anticipated work force reductions relating to DIS implementation,no such savings have been calculated." The Company also responded that the costs related to DIS are for the pbase-in of this pmjecL Therefore, since the Company has been unable to identify any reduction in the rate filing related to man-hours (and related labor expense) that may result from DIS implementation and the implementation of this software is only a component of the total system design, it is C2's opinion that the Company has not taken into account all of the impacts of this investment Only S671,378 of this amount is allocated to the Northeast Metro Distribution System. 10/18/00 16:45 FAX 512 472 0532 LLOYD GOSSELLINK ET AL_ _. 008/025 717/00 TUE 19:38 FAX 9727260212 CZ CONSULTING U1004 Mr. Geoffrey Gay October 17,2000 Page 6 The third component of the adjustment to net plant in service relates to TXU's proposed level of meter shop inventory. TXU proposes to include a level of $8.642,275 at the total Company; $1,065,921 when allocated to the Northeast Metro Distribution System. To begin with,the Company was unable to provide anestimate To of the current investment for which these meters would serve as replacementotntiall include both the current meters and this excessive level of inventory potentially would provide the Company with an excessive return on investment. In addition,based on information provided by the Company,the level of meter shop inventory fluctuates substantially from year to year. Given this fact,and that a more accurate understanding of the investment for which these meters are planned replacement is not available, it is C2's opinion that a more representative level of meter shop inventory is an average of the last five-year period. This computation results in meter shop inventory of $3,873,667. When allocated to the Northeast Metro Distribution System, the meter shop inventory is $477,549 or approximately 4.81% of the total net investment in meters for the system. The recommended adjustment to TXU's proposed level of investment is ($588,375) for the Distribution System. The final component of the recommendation adjustment to plant in service relates to the Company's proposed reclassification of certain plant from transmission to distribution. In response to RFI 2-02, the Company showed that net plant in service was increased by S1,956,124 for reclassification of transmission plant in 1998 and 1999. Because the test year for the most recent transmission rate(city gate)case had a test year ended June 30, 1999, C2 recommends that any plant reclassified subsequent to this date be excluded in this filing. Otherwise, the Company potentially earns a "double" return on such investment. The adjustment to exclude such reclassified plant reduces the distribution plant in service by approximately $1,930,800.8 2_ The second recommended rate base adjustment relates to TXU's proposal to include Retirement Work in Progress("RWIP")and the treatment of the movement described above of plant that was not placed into service as CWTP. These amounts must comply with the Railroad Commission of Texas' Substantive Rules in order to be considered for inclusion in the Company's investment level. Based on §7.48 of the Railroad Commission of Texas,Gas Utilities Division's Substantive Rules : "A utility may be permitted to include CWIP in its rate base only where necessary to the financial integrity of the utility. CWIP shall be deemed necessary to the financial integrity of a utility only where shown. by clear and convincing evidence that its inclusion is necessary in order to maintain a sufficient financial liquidity so as to meet all capital obligations and to allow the utility to raise a As of the writing of thi a report,TXU has not responded to a request for information concerning the exact date of reclassification and the amount of associated depreciation with each reclassified amount. The amounts excluded above Include all reclassifications that occurred in 1999. 10/18/00 16:46 FAX 512 472 0532 LLOYD GOSSELLINK ET AL U1009/025 io/17/00 TUE 19:37 FAX 9727280212 C2 CONSULTING 2[1 006 Mr. Geoffrey Gay October 17,2000 Page 7 needed capital or is necessary to prevent the impairment of a utility's service." [emphasis added] Based on the analysis there is no "clear and convincing evidence" that CWIP is required in the development of rates. Additionally,the Company did not provide any detail as to the total impacts on revenue/expenses Given om thc projects fn these factors that end the fa showed completion dates subsequent to theyear t that C2's overall recommendations provide the Company with the opportunity to earn an appropriate rate of return on its investment, C2 recommends that any reclassification of the Company's proposed CCNC to CWIP as well es TXU's proposed RWTP not be included as a component of the investment on which TXU should be allowed to earn a return. 3. The third adjustment was provided by TXU in response to RFI 1-15. Due to adjusted computations,TXU corrected its proposed cash working capital from$(1,906,838)to (S2,042,316). C2 has incorporated this adjustment.' B. Analysis of Operating Income for the Northeast Metro Distribution System As shown on Schedule 4, TXU is proposing an adjusted net operating income for the Northeast Metro Distribution System of$4,745,528.10 Based on C2's evaluation, the total system adjusted net operating income for the test year should be $6,011,819, or $1,266,291 greater than represented by the Company. The difference is comprised of four recommended adjustments! 1_ Although no impact is made to the bottom line, the first recommended adjustment concerns continued classification of certain schools as a separate customer class rather than as customers within the commercial class as proposed by the Company- The Garland independent School District and the Little Elm School Districthave been charged based on the public school rate during the test year. C2 merely continued to identify the revenue and expenses related to these schools based on their respective adjusted usages,revenue annualization and adjusted gas costs. 2. The recommended adjustment to the lost and unaccounted for gas proposed by the Company is primarily due to rounding. TXU proposes to use a percentage of 1.81% from the latest twelve-month period ended June 30;(June 30, 1999). This appears C2 has not performed a complete review of TXU's proposed cash working capital. t0 As discussed above,TXU does not provide a summary of the act operating income for the total system, but based on information contained within the filing,the net operating income resulting from TXU's proposed adjustments and federal income tax calculation can be determined. 1/The GISD schools in Rowlett and Sachse were charged under the public school rate during the test year. Other GISD schools located within Garland were charged the commercial rate. However,the GISD has continued to oppose TXITs authority to charge these other GISD schools the commercial rate and has prevailed in two specific court decisions, Therefore,C2 has treated all of the GISD schools and the Little Elm schools as a separate customer class for purposes of this study. 10/18/00 16:46 FAX 512 472 0532 LLOYD GOSSELLINK ET AL Cdj010/025 10/17/00 TUE 19:37 FAX 9727280212 C2 CONSULTING Mr. Geoffrey Gay October 17,2000 Page S reasonable in light of a review of the lost and unaccounted for gas percentages over the last ten years. 3. The third recommended change to the adjusted net operating income concerns the operations and maintenance ("O&M") expenses proposed by the Company. TXU proposes O&M expenses for labor and supplies and expense of $16,809,156. C2 recommends O&M for labor and supplies and expense be set at $14,660,818, or a reduction of S2,148,338,The adjustment is premised on: - Insufficient justification for significant increases in total O&M labor and supplies and expense. In prior local distribution cases, TXU has responded to questions concerning the significant O&M expense increases with notation that customer growth and inflationary factors have been major components- However,even when these factors are taken into account,the level of increase in O&M over the last several years does not appear to be justified. In the instant case,TXU proposes the following:12 ■ Au approximate 63% increase in distribution operations labor and supplies and expense since 1995 with only a 26%increase in the number of customers for the same time period • An approximate 214% increase in customer accounting expense since 1995 with the same 26%increase in the number of customers An approximate 48% increase in total operations and maintenance expense with 26%increase in the number of customers_ Given these significant increases, it is C2's opinion that TXU's proposed O&M expenses may not reflect on-going operations.13 Based on an analysis of eleven years of operations, it appears that O&M increases occurred as a result of the1993-94 Business Process Re-engineering of Enserch and the merger between Enserch and TXU_ ).ti 12 The Company's proposed administrative and general expenses have been reduced or stayed somewhat the same as the 1995 levels. However,it appears that some of these previously classified A&G costs arc now being classified as specific to the distribution system given the significant increases In distribution accounts. is C2 requested that TXU provide supporting documentation that the adjusted test year reflected on-going operations. TXU responded that it used the most recent fiscal year information. ' For example.total O&M recorded for all distribution systems that now make up the Northeast Metro Distribution System showed a 32%increase between 1997 and 1998(merger timefratne). Since the test year-end is approximately two years subsequent to the merger,one would expect a reduction in expenses that is noticebly below levels that reflect additional costs due to merger activities. TXU's proposed O&M is still approximately 21%greater than that shown for year-end 1997(essentially pre-merger). 10/18/00 16:46 FAX 512 472 0532 LLOYD GOSSELLINK ET AL t 011/025 l0/17/0o T 20:68 FAX 9727260212 C2 CONSULTING Z 001 Mr.Geoffrey Gay October 17,2000 Page 9 C2 recommends O&M expenses based on a five-year average between 1995 and the test year end. Because this averages to approximately year-end 1997, an Implicit Price Deflator factor was added. The resulting amount for labor O&M is S5,864,822 as compared to TXU's proposed S5,268,75415 Supplies and expense O&M is recommended at a level of$8,795,996, or a reduction of$2,744,406 from TXU's proposed expense of$11.540.402. 4. C2 recommends adjustment to TXU's proposed annual level of payroll related taxes to reflect the adjustment in labor O&M expense discussed under Item 3 above. This adjustment results in an increase to operating expenses before federal income taxes CST")of S45,235. 5. As discussed with regard to the invested capital, depreciation expense has been reduced to exclude annual depreciation on those amounts of"completed construction not classified" that have been included as plant in service. The recommended adjustment to depreciation expense increases operating income before FIT by S246,918 Not specifically identified as a separate adjustment, the resulting recommended changes to net operating income before FIT necessarily change the amount of federal income taxes computed for rate-making purposes. Because the cumulative impact of all recommended operating income adjustments is an increase to operating income before FIT of$2,350,971,the income taxes on this increase must also be reflected. Therefore, federal income taxes, computed at TXU's proposed rate of 35% are increased by S1,084,680 as shown on Schedule 4.16 C. Analysis of the Cost of Capital The cost of capital used in establishing natural gas rates typically is determined by evaluating the capital structure of the entity that is acquiring the capital and the ongoing costs to that entity for such capital. Capital structures typically include some combination of debt, preferred equity and common equity and may include other components depending on the corporate structures under review. Analysis of cost of capital focuses on an assessment of the weighted average costs of these components based on the percentage that a particular component is of the total capital structure times its respective on-going costs(i.e.interest rate,equity return). rs Because TXU has shifted considerable costs from labor to supplies and expense,the five-year adjusted average for labor O&M is actually higher than proposed by the Company. However the recommended supplies and expense O&M based on the adjusted five-year average is significantly lower than proposed by the Company. 16 This computation also includes a reduction in TXU's proposed interest deduction,thereby increasing the amount of FIT on total operating income before taxes. 10/18/00 16:47 FAX 512 472 0532 LLOYD GOSSELLINK ET AL Z 012/025 __ C2 CONSULTINGZ0002 10/17/00 111E 20;59 FAX 9727280212 Mr. Geoffrey Gay October 17,2000 Page 10 _Because TXU is not an entity that issues its own debt and equity instruments,there is not a capital structure per se for this entity. However, its parent company. TXU Gas Company(formerly known as Enserch),does issue debt and preferred equity instruments that are used to provide capital for the TXU operations_ In addition,TXU Gas Company receives advances and other paid in capital from Texas Utilities Company that are recorded as components of TXU Gas Company's overall capital structure-17 Prior to the late 1980s,TXU used the actual capital structure of Enserch in determining the cost of capital for its distribution rate filings. However.after that time, TXU began to employ a hypothetical capital structure based on a composite capital structure from other natural gas distribution companies. In the instant filing, TXU is proposing a hypothetical capital structure that is based on twelve natural gas distribution companies throughout the country." In addition,TXU is using these companies' costs as they relate to the debt and preferred equity components. TXU's proposed cost of common equity is based on an analysis conducted by Dr. Bruce Fairchild in April, 2000.19 TXU proposes the following capital structure and cost of capital: %OF WEIGHTED COMPONENT CAZI'ALIZATIO1( CAST AI ►GE COST Debt 47.10% 7.34% 1.46% - Preferred Equity 1.70% 5.54% .09% Common Equity 51.20% 12.25% A,37'Y9 100.00% 9.i2% However,the actual capital structure of TXU Gas Company is significantly different than the above. Based on information provided by TXU, (i.e. June. 2000 adjusted for additional issues related to the reclassification of equity as payment for short term borrowings)the actual capital structure of TXU Gas Company and related costs are more closely represented as follows.. %OF WEIGHTED COMPONENT CAPITALIZATION CAST" AVERAGE COST Debt 25.49% 6.58% 1.68% Advances from TUC 18.20% 6.55% 1,20% Preferred Equity 10.25% 6.18/. .63 • Common'Equity 0.98/• 11.00% 4.46% 100.00% 7.97% "TXU does report its actual capital structure in its SEC filings. "C2 notes that the Railroad Commission approved the use of a hypothetical capital structure in the most recent city gate case. 19 Response to RFI 1.04. 34 The oast of a portion of the common equity component reflects the cost of the advances that were replaced by such paid in capital. The coat of common equity as shown on the boo�maludi 10th s "replacement"is reflected n111.00%. The effective rate of return on equity is approximately 10/18/00 16:47 FAX 512 472 0532 LLOYD GOSSELLINK ET ALUJ 013/025 10/17/00 , TUE 20:58 FAX 87272eo212 cz CONSULTING tjoo3 Mr. Geoffrey Gay October 17,2000 Page 11 As shown, the hypothetical capital structure does not reflect TXU Gas Company's new source of capital; its parent TUC.' Because TUC advances TXU Gas Company capital at lower costs than the debt or equity shown on either the hypothetical or the actual capital structure, the impact of recognizing these advances is to reduce the overall weighted cost of capital proposed by T'XUJ. Additionally,by including this actual source of capital_ the percentage shown as common equity is reduced, further lowering the weighted cost of capital. Based on the above analysis,C2 recommends that the Cities consider a weighted average cost of capital of 7.97% to be applied to the adjusted test year net original cost of invested capital. The resulting computation is the after tax return that the total Northeast Metro Distribution System requires in order to pay interest expenses and provide a reasonable return to equity holders. Schedule 2 shows a required after tax return for the total system of S8,133,760. This compares to TXU's calculated after tax return for the system of$10,535,400. D. Analysis of Cost of Service by Customer Class TXU limits its Statement of Intent to residential,commercial and industrial rates. It does not reflect any changes that may be needed in the transport rates to ensure that the total Northeast Metro Distribution System achieves the required return as proposed by the Company. In C2's opinion, all customer classes must be shown in order to understand the extent to which current rates are producing the revenue required to cover the costs to serve a particular customer class. Unfortunately, the data provided by TXU does not allow a reasonable separation between industrial and transport customers. Therefore, Schedules 2, 6, 7 and 8 reflect the allocation of costs/investment to these two classes combined. TXU's overall allocation methodology is premised, in large part, on an allocation of investment/costs based on the number of customers in a given class. In addition, the methodology considers the peak demand on the system by particular customer classes. In C2's opinion, a more appropriate allocation methodology is one that reflects the on- going use of the system by recognizing total volumes of gas delivered to each of the customer classes. This latter approach has been accepted by numerous regulators, including the Railroad Commission. In essence, a portion of the investment (i.e„ not directly assigned) investment and associated costs are allocated based on volumes sold and the remainder is allocated based on a customer class'peak demand on the system Generally, C2 has taken the approach that there should be a 50/50 split between the amount of investment (mains) that is allocated on the basis of volume and peak day demand (Seaboard methodology). However, in the instant filing, due to the fact that TXU does not show peak day demand for all of the transportation customers for 31 The source of capital from TUC is shown as both advancoti from TUC and as common equity. TXU Gas Company no longer issues common stock but rather TUC issues common stock and provides paid in capital to TXU Gas Company. 10/18/00 16:47 FAX 512 472 0532 LLOYD GOSSELLINK ET AL Iaj014/025 _ --10/17/00 TIE 21:00 FAX R727280212 C2 CONSULTING �1004 Mr. Geoffrey Gay October 17,2000 Page 12 appropriate assignment to this class based on the Seaboard methodology. C2 has used a noted modified version of this approach; modified Seaboard methodology with 75% weighting of volume and 25%weighing of peak demand. C2 requested that TM) provide the design peak day delivery for the transportation customer class in an R171 dated October 4,2000_ The Company responded: 'Revenues from transportation customers were treated as a credit to the residential. commercial, and industrial sales classes. Therefore, no peak day demand responsibility was assigned to these customers. The total design peak day delivery to the industrial class, exclusive of transportation customers, is, as shown on line 11 of the Rate Filing Package Cost of Service Schedule 1-IF,2380 MCF." Given that the volume attributable to the transportation customers class is approximately 17% of the total system through-put for the test year, it does not seem appropriate to conclude that this class does not contribute to the design peak day deliveries. Without sufficient information to accurately determine The contribution of all customer classes to peak day deliveries,C2 recommends that the modified Seaboard methodology be used. As shown on Schedule 2,the following revenue requirements result from the use of the modified Seaboard method: • Residential $62,763,250 • Commercial 518,866,971 • Industrial/Transport $3.735,870 • School422 $302,962 These revenue requirements assume that each customer class will provide the same return on its respectively allocated investment as the return recommended for the total system (i.e. 7.97%). Based on these revenue requirements with parity returns, the adjusted test year revenues by class should be increased as follows: • Residential S582,674 • Commercial S1,009,030 • Industrial/Transport S1,806,767 • Schools S20,006 77 Those not taking the eommercisl rate 10/18/00 16:48 FAX 512 472 0532 LLOYD GOSSELLINK ET AL E 015/025 - 10717/00 TUE 21:00 FAX 0727260212 C2 CONSULTING la 00S Mr. Geoffrey Gay October 17,2000 Page 13 E. Analysis of Proposed Automatic Adjustment Clauses In addition to the Gas Cost Adjustment ("GCA") clause established by the Railroad Commission, TXU has requested that the Cities authorize the following automatic adjustment clauses: 1. Weather Normalization Adjustment ("WNA") — The adjustment clause is desigziied to smooth out significant differences between actual heating load and that which would be anticipated under normal weather conditions(30 year norms), If approved, it would be employed during the months of October through May (the heating season) and would be subject to variations that exceed fifty percent of the weather norms. C2 recommends that the Cities allow the WNA with the requirement that TXU provide regular reporting to the Cities of its use and calculation. 2. Cost of Service Adjustment ("COSA") — This adjustment clause would provide TXU with the annual opportunity to increase/decrease the rates based on changes in the annual operating expenses (exclusive of gas costs, return, and revenue taxes) incurred by DM for the Northeast Metro Distribution System. These changes would be allocated by TXU to the residential and commercial classes to determine the change in the rates for these customer classes_ TXU also suggests that the COSA wiU alleviate any concerns about future merger savings by authorizing such changes as they occur.A number of .1 cities have approved the COSA, but the list does not include many of the • larger distribution systems.23 C2 recommends that the Cities consider disallowing the COSA as it has the effect of limiting the regulatory review by the Cities of changes in the costs and the appropriateness of the allocation of such changes to the residential and commercial customer classes. Under TXU's proposal, any increase/decrease will be allocated to the residential and commercial classes based on the Company's methodology. 3. Plant Investment Cost Adjustment ("PICA") — This adjustment is similar to the COSA but would provide TXU with the opportunity to annually reflect changes in the system's distribution plant As with COSA, these changes would be allocated by TX.0 to the residential and commercial classes to determine the change in the rates. Only a small number of cities have approved the PICA. C2 also recommends that the Cities consider disallowing the PICA as it also has the effect of limiting the regulatory review by the Cities of changes in the u Notably absent from the list are Dallas,Fort worth Carrollton and Arlington_ 10/18/00 16:48 FAX 512 472 0532 LLOYD GOSSELLINK ET AL VI 016//00205g 10/17/00 TUE 21:00 FAX 9727260212 C2 CONSULTING Mr. Geoffrey Gay October 17,2000 Page 14 investment and the appropriateness of the allocation of such changes to the residential and commercial customer classes. F. Overall Rate Design TXU is proposing the following changes to the current rate design: I. Increase in the monthly customer charge for residential customers from S7.00 to sx.00 24 2. Increase in the monthly customer charge for commercial customers from S 12.00 to S14.00_'' 3. Increase in industrial sales(non-transportation)charges. In order to determine the appropriateness of the customer charge increase, C2 recommends that,at a minimum,the Cities consider the following: • Should the revenue stream to TXU be more stable throughout the year? • Should there be an effort to promote more commodity usage through lower commodity rates? • Should the overall monthly charges to the customers be less sensitive to fluctuation as a result of usage? Increases in the customer charges necessarily reduce the commodity rates in order to achieve the approved revenue requirement. Therefore, the increase proposed does not , mean additional revenue to TXU, but does potentially result in a different monthly revenue stream than currently experienced?` With respect to the TXU's proposed change in industrial rate design,C2 opinion is that such an approach is probably reasonable. However,as stated above,because C2 cannot separate the transportation computation from the industrial computation, C2 does not have any recommended increase to be considered just from the industrial rate development. ''`With respect to Little Ehm,TXU is proposing to eliminate the winter/summer rates. This particular adjustment appears reasonable given that all of the other Cities have only one year-round rate, However with respect to both Little Elm and Prosper,the customer charges would increase substantially from the current rates if$6.00 is approved. "-S The same applies to commercial rates with respect to Little Elm's current winter/summer rate structure and lower customer service charges. Prosper's current customer service charge for commercial is sl0,6o. :r.With higher monthly customer charges,TXU potentially will receive more revenue during the summer months than currently received and potentially less during the winter months than currently received. The latter would be due to lower commodity rates during a period in which commodity usage is a much larger component of the billings. 10/18/00 16:48 FAX 512 472 0532 LLOYD GOSSELLINK ET AL 1-it017/025 10/17/00 TUE 21:13 FAX 9727260212 C2 CONSULTING Mr. Geoffrey Gay October 17,2000 Page 15 Based on the Cities' direction as to the approved revenue requirements by class and the monthly customer charges, C2 will provide a final rate computation or verify that a .computation provided by TXU will produce the approved results. C2 greatly appreciates having this opportunity to work with the Cities served bpy et Northeasthe v ,Metro Danalyses on System.. If you have any questions regarding theand/or the preliminary recommendations, please contact Ms- activities,project analyses Connie Cannady at(972)726-7216. Very truly yours, C2 Consulting Services,Inc. 10/18/00 16:49 FAX 512 472 0532 LLOYD GOSSELLINK ET AL Z018/025 _ 10/17/00 TUE 21:14 FAA 9727260212 C2 CONSULTING RI002 SCHEDULE 1 TAU GAS NORTHEAST METRO DISTRIBUTION SYSTEM SUMMARY OF RECOMMENDED REVENUE REQUIREMENTS TEST YEAR ENDED OECEMBER 31,1299 CONSULTANT COMPANY PROPOSED CONSULTANT PROPOSED ADJUSTMENTS RECOMMENDED 6 current Residential Class Revenue 5 2,180,576 (1) $0 $62,180,578 (2) Required Residential Class Revenue 69,054.704 (1) 7 1 434 (2) Proposed Increleel(Heerease) $7,61&1211 (07,191, 54) 0582,614 Current Commercial Class Revenue 918,140,e87 (1) (0282,956) $17,857 941 (2) Required Commercial Class Revenue 19,708,E (1) f 841,e001 18,860.971 (2) Proposed lnerceset(Deerease) $1,567,674 (0868,844) $1,009,030 Curtest IndusvlallTransport Revenue 01.929,103 (1) $0 $1,929,103 (2) Required lndusWallTransport Revenue 2.107.908 (1) 1.827.962 3 3 870 (2). -- Proposed Increasei(Deemas■) 5178,105 01,627.962 S1,806,767 Currrunt Public School Revenue $84,478 (3) $218,478 $282,958 (2) Required Public School Revenue NA 302,952, s02 (2) Proposed Ineredae!(Decrease) NIA 520.006 S2o,006 _ sources- (1)Calculated torn lute P t1i9 Package (2)Calculated from Schedule 2 (3)RAI Farfq Pcckega 10/18/00 16:49 FAX 512 472 0532 LLOYD GOSSELLINK ET AL C2 CONSULTING 1019/025 g1003 10/17/00 TU8 21:14 FAX 9727280212 , I SCHEDULE 2 TXU GAS NORTHEAST METRO DISTRIBUTION SYSTEM CUSTOMER CLASS REVENUE REQUIREMENTS INDUSTRIAU TOTALRESIDENTIAL COMMERCIAL TRANSPORT SCHOOLS Operating Expenses(1) $18,740,302 S3,600,137 S1,468,530 53.085 E21,008.034 Unaccounted For Gas(2) 627,037 212,760 187,209 4,074 1.031,080 F1,926,300 591,726 271,985 0,944 2,799,055 Castederal Income 7a><ea(3) 34,317,488 11.686.163 861,972 240,764 46,088,367 Return on Investment(3)of Gas 5,595,826 1,718,042 760 106 28,888 6,133 760 Subtotal 659706,934 517,786,728 63,579.602 5286,733 $60,859,100 Revenue Related Tante(5) 3.558.316 1.061.244 156,068 18,729 $4.809.568 Tonal Revenue Requirements L St;2,763,250 E10A.971 53,735,870 $302,962 $86.669.064 Current Gas Sales Revenues(4) $61,255,201 $17,791,742 51,005.332 5282,050 $231,335231 Other Revenue(5) 825,375 66,1(19 923.771 0 915.345 Total Revenues $82180.576 $17.857581 S1.929. 03 y 02.956 •2250.570 Revenue Deficiency(Surplus) $582,674 61,009.030 $1,E06,767 $20,006 $3,416,478 Other Revenue Increase(5) 4Q3 29 432 Gas Sales Rate Deficiency(Surplus) I 5562,271 $1,009,001 51,808.767 E20,006 E3441 i046 SOURCES: (1)Schectde 0 ,. (2)Calculated hem sehedd.a (3)ScAeduk a (4)Schedule (5)c j at d n m Rate Filing Paclope • 10/18/00 16:49 FAX 512 472 0532 LLOYD GOSSELLINK ET AL 020/025 10/17/00 TUE 21:14 FAX 9727260212 C2 CONSULTING I SCHEDULE 3 . TXU GAS NORTHEAST METRO D)STRIBUTIoN SYSTEM • TEST YEAR ENDED DECEMBER 31,19ss ORIGINAL COST OF INVESTED CAPITAL COMPANY CONSULTANT PROPOSED CONSULTANT RECOMMENDED INVESTED PROPOSED INVESTED CAPITAL(1) ADJUSTMENTS CAPITAL Plant in Service:Net Distribution Plant 8115,213,807 ($4,039,341) (1) 3111,174,288 171 Net General Plant _ 7,380.123182,933) (2) Net Plant in Service 3122.573,730 ($5,222,275) 8117,351AS Other Rate Base Items: 0 Constr.Work in Progress 0 0 Retirement Work In Progress (179,112) 179,112 (3) Q Working Capital (2,042,316) Cash Working Capitol (1,806,838) 038,478) (4) Materials and Supplies 229,736 0 228,735 Prepayments 484,019 0 484,019 Customer Deposits (1,821,978) 0 (1,821.978) Gustomer Advances for Construction (1,009773) 0 0 (1,OOs(�,773773)) t Injuries and Damages Reserve (282.054) (1,2152,074) Unrestored Investment Tax Credits (1,348,818) Mainline Ind.Meter and Reg.Adj. (10,312) 0 (10,312) . Accumulated Deferred Fad.Inc.Taxes (9,48 6175) 0 (9.481,175) Net Original Coat of Invested Capital 3107,24.9,424 (35,178,841) 3102,070,783 souRces: (1)Calculated from Rae Ring aka•4Rd Raponae In KPt 2-2 (2)Cerd,rmal tom Roe Fi9 Pod'age end tiesponset to RFI ram.1-a.1024,1-25,1-25 end 1-27 p)Rare MI PaelMMe (4)Recpones to RFI 1-15 p - tA 10/18/00 16:49 FAX 512 472 0532 LLOYD GOSSELLINK ET AL_ C�j021/025 Zoos 10/17/00 TUE 21:14 FAX 9727260212 C2 CONSULTING SCHEDULE A TAU GAS NORTHEAST METRO oisTRIEUTfON SYSTEM cONSULTANT RECOMMENDED TEST YEAR ADJUSTED OPERATING INCOME COMPANY COMPANY CONSULTANT CONSULTANT A ADJUSTED PERTOTALB OSYSTEM 4DJuSTIAFJdTB TEST YEAR �(1) RECOMMENDED PER BOOKS(1) N) TEST YEAR operating Revenues 581,255,201 SO E61?55,201 Residential 156,397.165 $5,858,038 18,010,22012651 (218,4SO (1) 517,701.742126201 commercial 17.753,318 256.004p , 0 . 2 Industrial 644,730 80,602 1,005,322 2iq a79 (1) 005,332 ' PubtlCAutheritY ,§1 a17 13.m1 534.4Z8 560,335231 SO i80,396,231 Tote(Gai sates Revenue 574,148,038 56.188.803 ,5i4 'Service Charge Revenue 911,574 981,67498 ,67 0 E810 $99191,571 -Transportation Rt"snue „0 10,E (96,844) 23 Toto1 Operating Revenue 576,148,817 Ss,101,191 582,a50,578 SO 162,250,576 operating EipensA 0 3a,a17,A88 ` Re idc tial 31,046.884 3,270,804 34 317,468 Residential 12,090.955 (340,471) 11,750,484 (184,321) (1) 11,58e,i89 Gaustria:iel 0 661,972 Industrial 821,806 40,167 881.872 240,784 U,ac Alltte d 45.051 219,3345 1.032.031 3 1ea,321 (1)(961) (2) 1,021,08u Unaccounted For Gas 812,688 Other O&M Expenses 6 268,764 888,088 (3) 5,864,e22 O&M Labor 5,436,397 (187,649) 8,796,et38 O&M Supplies and Expenses 11,301,555 148,847 11,640.402 (2,744,408) (3) 195,996 752,303 0 157,309 0 Uneapele Aceoun4s - _ _ Taxes Other Than Income Taxes 0 1,286,436 0 1,2$6,435 1.286.435 t Property Related 401,562 45,236 (4) 446.897 Payroll Related 414,384 I1Z.72Z) 0 4,655.904 Revenue Related 4.279,734 376,170 4,655,904 Provision for Depreciation 5,452,156 0 5,452,156 (246.018) (5) 5,295.238 '. , 0 108298 98 Interest on Customer Deposits 108,298 0 08 0 108,2290 `� 0 06,296 Interest on Customer Advances _ 48,045 Total Operating Eapen5ea Before FederallneomeTaaee i75,38B,488 53,646,568 176.252 357_ - (S2,350671) 572 111,386 Net Operating)Income Before S5a18Z1s 52,a50,87t i7.669.170 Fed.cal Income Tamen i2.762,349 12,556.570 318211 2.356,871 (6) 1,$69,110 Federal Irloome Taxes NET OPERATING INCOME 52.782,349 52,55.5,870 54,785,528 S1Ze0181 66.011,019 somCEs; (1)r sk,rkiad Dorn Wet/IOno Packed*and nxtransed►RFl1-9 Cq gismos torn rate rand Pecan). (3)Calrolepd fans Rai.F18O9 Padmd&Ros¢r,oe In RFI 14.and Ifs Sepindt Ries harm (A Cat itelee Horn lee ruins Pastern VA Sc,xduta 0 (6)Csicidaara earn Rea Hem Pavlov.&halide 3,sod response Is RP,2.02 (n)odauu dr Pan DUO FWad Paclaoe and!Modulus 3 arse s voc kda-la, 3 % c3 10/18/00 16:49 FAX 512 472 0532 LLOYD GOSSELLINK ET AL 022/025 10/17/00 TUE 21:14 FAX 9727260212 C2 CONSULTING I0008 SCHEDULE TXU GAS NORTHEAST METRO DISTRIBUTION SYSTEM CONSULTANT RECOMMENDED COST OF CAPITAL (1) (1) CONSULTANT CONSULTANT TXU PROPOSED TXU PROPOSED PROPOSED ROP?PROPOSED CAPITAL COST OF CAPITAL OF 1.8AL STRUCTURE CAPITAL STRUCTURE CA Debt 47.10% 3.48% 25.48% .68% Preferred Stock 1.70% 0.09% 10.25% 0,00% 0.00% 18.28% 1.20% Advances from Parent Common Equity(2)(3) 51.20% 6.27% 45 98,7p 4.45% 100.00% 9.82% 100.00% 7.97% Weighted Cost of Capital tent 7-97% seurcee: (1)Rate Filing Package (2)Company includes 1225%return on ail hypothetical common equity (3)Con9ultent Includaa a combination of 11.00%and 5.83%on total paid in espital from TUG LEA. bA- pd a .r. . i 64o C,J bC GZ q' 'LI u' - jy. , - (NZ cif' Z i w /, C 2 r 0-;--jy, •eivc.i). 01,146-fri ii bc1 14 t 5 c.-5-r -fct,0.R.a.)'-U- c 1 t. 10/18/00 16:50 FAX 512 472 0532 _ _ LLOYD GOSSELLINK ET AL _ 1023//0p 5 10/17/00 TUE 21:15 FAX 9727280212 C2 CONSULTING SCHEDULE 6 NORTHEAST METRO DISTRIBUTION SYSTEM INVESTED CAPITAL AND ADJUSTED VALUE RATE BASE TEST YEAR ENDED DECEMBER 31,1989 (2) TOTAL (2) (2) INDUSTRIAL) l2) SYSTEM RESIDENTAL COMMERCIAL TRANSPORT SCHOOLS Net Original Coat or Plant in Service Distribution Plant $9,917,021 56,990,191 $2,682,591 S�Z3,S38 520,300 etei Hausa Regulator and Install Mats 2,271.694 1,601,174 614,475 51,295 4.850 Mc Sen+iServicesZ4,QZ8,878 20,078,240 4,510 313 8,195 34,131 Mains: O 19,446 3,391 0 Direct Assignment 22,837 Com,nodty Allocatians 54,898,978 33,472,992 11,292,983 9,913,481 219522 Demand Allocations 18.299,689 14,331,010 3 70d 941 1®3 1a7 100 56Z Total Mains 873,221,474 347,804,001 S15,017,370 S10,080,019 $324 0063 Other Diattltution Plant 1,135,299 741,201 232.ee4 156291 , Total Distribution Plant S111.17a,2Z6 S77,214,107 573,057.593 $10.517,739 33 4,343 General Plant 8,177,19Q 4,220,296 1,281 162 584 399 Toot Plant In Service S117,351,458 501,608,104 524,338.146 $11,102,137 $405,470 Other Investment Items: Additions 0 0 0 0 0 Cw1P and RWIP Working Capital (1,418,467) (42'�.577) (193,216) (7,057) Cast+Working Capital (2,042,318) 93,216 7,0 Materials,Supplies and Prepayma 713,754 495,730 148,033 0 0 13 Unalnortized Rate Case E:,p- 0 0 0 Total Additions (S1.229,562) (S972,T37) (S275,544) (3125,690) (34.590) t Deductions Customer Deposits and 52,831 751) (62,643,829) (s187,922) 8O 30 Cuinemer MeAter and Re ( (S10,312) SO SD (S10,312) ' injure Meter and Reg es (58,498) (28,884) (975) injuries and TCrnagQs Reserve (1`346,818) (035,4282,054) 17) (279,331) (127,417) (4,653) Acored RC Accumulated Deferred FIT (9.481,175) (6.585,041) (1,986,400) (898. 75) (32.759) Total Deductions ,($13,992.110) (310.360,185) (32,492150) (51,061.388i _$39.387) Total Original Cost Invested Capital 5102,070,784 S70,222,181 521.571,050 S9,915.059 5382.483 ------------------ Total Rate Base As 041aos ed ( 5102.070,78a $70,222,151 S$1,871,06D S9,915,059 _ J 62y4931 sous: (1)caleulatea hen Rat Oleo Paclaga and eansflufs 3 0)P geeRiam ta Ntnm,dr Cinsta.s Barad Primsrihy ea a troxitsid Saatwd Meiseoi 9y 10/18/00 16:50 FAX 512 472 0532 LLOYD GOSSELLINK ET.AL --- 024//028 -- 10/17/00 TUB 21:15 FAX 9727260212 C2 CONSULTING 00 , SCHEDULE 7 NORTHEAST METRO DISTRIBUTION SYSTEM OPERATING EXPENSES EXCLUDING Gat!COST AND REVENUE TAXES TEST YEAR ENDED DECEMBER 31,1999 i • CO lZ) TOTAL (2) (2) INDUSTRIAU (2) SYSTEM RESIDENTIAL COMMERCIAL. TRANSPORT SCHOOLS Distribution O&M $616,310 8281,730 50 Labor 52,961,328 $2,083,887 519 281,138 0 supplied 8 Expenses 2,544,286 1.773,231 Customer Accts.,Into&Sales 54 Labor 1,873,917 1,730,717 141,10s 1,11,184 9313 Supplies&Ex ense 1,866.849 1,725,861 140709 54,835,245 $3,794,604 $787,416 5282,294 5931 Labor4,142,934 3,499,082 670 242,699 Supplies&taapenses Administrnthre and Genera{Labor 51.029,578 3807,682 $191278 $60,109 5198 Stipples8 Expanses4,383,062 3,475,306 869,888 241.056 922 Contr0 0 0 0 nealiecti is 152,303 142,190 10,107 0 , 0 Unrx•Ilectible Accounts Total Other Operating Expenses 55.514,84Z I14,425,583 5637,013 3901,169 51.720 Summary of Operating ExpenSe9 Labor 55,664,822 $4,802,560 5618,694 5342,403 51,129 Supplies&Expenses 8,795,006 6,074,478 1,335,1312 483.7566 1,850 Other Expenses 152 0 142.158 10,107 Total O&M Expo/was S14 813121 E71,719,270 $2,2e4,713 5829,1 Ss 92,979 ns t 58,205,23E $3,627,773 $1.083,312 S494,163 SDProvicioA for Depreciation Interest on Customer Oepoalb 10e.29e p 0 .101,111 7,157 0 0 Interest on Customer Advances 48,045 44,457 3,198 0 Property Related Taxes 1,258,435 8e6,576 287,732 122,128 80 payroll Related Taxes 446,897 350.716 70.004 28.091 Total Operating Expenses Excluding 606,137 S1 A68,530 S3,e55 Gas Costa and Revenue Related 1 521,808,034 515,740,202 $3, Revenue Requirement For Expense Excluding Gas Cost and Rev.Taxes 1 l 921.008,434 S16,740,302 $3,696,137 St. ,s'6 $3 088 SOURCES (1)0a/sublet from Rate Rem Pie and schedule 4 (2)Allacriants Cuperner Cttaew easer4 Prlmenly an a,shied Braba,d McQndaio9Y v 10/18/00 16:50 FAX 512 472 0532 LLOYD GOSSELLINR ET AL Z025/025 CALCULATION METRO DISTRIBUTION SYSTEM tJlT10N OF FEOL INCOME T SCHEDULE 8 TEST YEAR ENDED DECEMBE8!3Y 1999 ER CLAPrs ER 31,1999 TOTAL InvalnenCapfta/ SYSTEM RESIDENTIAL COMMERCI4L tNOUSTRI,gL Debt (1) TRANSPORT SCHOOLS Preter>ed Stock 25,48g6 aZ6,01z,499 Advances 25 48 18,01 ,449 517,505,958 S5.497.331 62,528.829 }tans Parent 18,25% 7,1E17.287 $97.1 30 AdvancCommon Equity 18,861,140 12,838,404 3.2 3,738 1,016.725 45.98% 48�,596 a229o' � 3.eas,7se 1.a1z.yZs ss,iis Total Invasied Calmat(2) 9.819 098 4.559,279 slo=,o7o,7s4 270,224181 188,Bee Re Requlrennept(3) y21,511,a50 89,s15,059 S8t2,443 DeW EgO1ty 62•Q3a•g43 §2,018,412 1 3 1 3 412 4820,021 5284,991 510.419 Total Return Raglat„emenr 1 OQO 920 505 71$ 180467 58133160 66 695 826 51.718,p42 S79d 10i s2s 9s6 Federal Income Taxes sOt�RCtis (I)&hem"5 (2)Scho4vto a (3)Calc„ypadhom Sahaatvn 3 end 6 t TXU Northeast Metro Distribution System Test Year Ended December 31 , 1999 EXECUTIVE SUMMARY FOR WYLIE, TEXAS * * Includes the following 16 cities: Allen, Fairview, Frisco, Garland, Lavon, Little Elm, McKinney, Murphy, Parker, Plano, Prosper, Richardson, Rowlett, Sachse, The Colony, Wylie Rate Case Filed July 28, 2000 y Rio as w T`" $ s.. .. .:. 4-4".rAi . ; - .� .,,a a �':± .�,,t s.,s t �t• 3, ' y z, - ` z T y S « 5 `. ,-: s X F ' � cvz fir s. a s t+: .“ w. NOWT' 'MAWS-, M�T�os� STEM RAT' . .._.::.V ,�:- --- a z wr �. � �':� �r .:; re✓,^ �-, ".:;w •'., �-�;r ��•� dTu, 1.: ��s.,.a � s '` VI: F(J R w)( , .T:EXA,S t- A a" :. *, a i -s'} mo .' :l x = ! Proposed Northeast Metro System increase is $9,272,656 or 11.40% • Proposed Wylie, Texas increase is $125,249 or 11 .03% • Changes in customer bills will vary; the average residential increase is approximately $3.25 per month. Northeast Metro System net plant investment has increased $21.2 million or 23% Northeast Metro System per customer operating expenses increased 3.8% Northeast Metro System's return on !nvestment is currently 4.43%, proposed return on investment is 9.82% - Proposed date of effective rate change is September 5, 2000 Last rate change occurred in November 1999 - Proposed adjustments for weather and investment 2 s'-.,,>`- g rer 2'*qa^-2�£y 1 ^-, '' �' °c9 .�„r r ^ +-fin •s^.,�'° '"�F fi1'y. tdi =e x °' ;k" a ,% C:A. ;�` ;�, ^��" "�. X z*: ;s..<y ram,> , Aics, — c, �.,,: Y Yt .. m � b.. � �; � u£',wf ,9:aiY'�� k ivh # ," 9 �� ' ^:. k'�� BRA $ FI I NG �n Y .�, t <A TwME�TRC)�SYSTE•IVI R �:�.a' 1:TNORTFI= , S e : g g.., -�.. ., � .�3:.. �.7� a ,:.a�,ab r >� � � 4 '- , a g,`t' .��„e. � a :-�`y a'. '.'°i .slc ;,:-.,./. „ -; 0.,,.„R —- i -'' ,. ..,,, u ,.X,„. 4,,,,,, ,".s,v,„ ;{ir'� ,s, •., o- a �Z n;' ,' =` o-f ..ar 8€sts ga° p a„,3q >:. ��::,�, h. .� .'gx" Via,,t: ' a"r,.... - "' r t k .s s fiq-;y� w £..J„„..,,,..: ,, << .. ...M...44:,:40 �� < .„a., .c s s bsrG" :x�'�' _' ' 3 �,: 4 ?l�^-e,at-aA�f • ,k«+ rz aa;vC,, r:�?< ., o«. .zlt"S.i . INCREASE TOTAL SYSTEM BY RATE CLASS $ Residential $7,590,436 12.47% Commercial $1 ,509,753 8.58% Industrial $172,035 17.94% Service ChaTotalrges $432 0.04% $9,272,656 11 .40% WYLIE BY RATE CLASS Residential $93,333 12.67% Commercial $28,360 8.66% Industrial $3,556 19.29% Service Charges $0 0.00% Total $125,249 11 .03% 3 a:7" s 7,7 ;T wax:,.;. 7 x' -"c4 '8.. w •;." .'''-`1' Y'.>° ".. ';,ti. ,—.. ,^f, ^'. tr. 4:f;4 ., :,. ,;..: ..;. n., ..., ,- ^. v`•�." :. � « r.:z,.� ,»: _f.. .-::: ,�. " .:.;; .....o a� S,- �» s .�k: sc�-'>z � s ,� >., ,a„ awe,,. � , , .«, ._- �� _,. ,. <.«>< . ', .;» � _. � , ty._ �. . ,,... z�...a ., : `�,, 4.>"_ ::. ffi r �;> .t :?:u � ° '' '�Ss,p.s?` ,. ..,f,.::> �:.. . .. „,... r.. < •sa°q�..... a� ,� ��,a?°p* �4'k°`�,..a, .�,,.-�, tea �� v� Y TEM CRATE FILING: � , ETRO S S �. �E; NORTHEAST IVY �, 1 24-41.1 a� �Y c��-$..,! �A � '^,�.��sf 'i%�k�a"z.�..n.. S'�,iz �,,. ;k Ya P1 r■■■ �Q)ILL_ C MBA ISOg S Fx g , ,,,,:...,,, ,,,:,..„:.,.,, ,,,,,,,,,.,,„ ,,,,,,,,,,.,, ,,, . ��■ ICI��..s T�� K, � R>� - .. N"s ;,• 7 � a a"? `° « .'rot + _ :.a ,'-jiY > S 3 � i,,d.. 4 , ,t » ...'�" ",. � 9,..•.. S� v.«. .., �. >. '- ,k" s> +�K�,� . ' � 3«;v �' � �`` ,,,. txj'. ��, iv, INCREASE OVER PRESENT PRESENT PROPOSED $ % Residential Bill $ 25.70 $28.95 $ 3.25 13% (5 MCF) Commercial Bill $ 131 .25 $ 141.93 $ 10.68 8% (30 MCF) Industrial Bill Rate 1 (219 MCF) $ 831 $ 981 $ 150 18% Rate 2 (888 MCF) $ 3,258 $ 3,709 $ 451 14% Rate 3 (1958 MCF) $ 6,9,87 $ 7,787 $ 800 11% ' 4 r GLN O RLI�.wo,:'.n^�.a4,f�fT.. H�„.. E,. A A G M � OS M , A �- J". a , � ' € _ � r _ aS8kfiAi.k A ! M ,��tif � � f?; �P.W3 rt.s 4`#y`es,...yh W,, � g�a i ftar4��. .�. :.�,.F ltff # P JPOSED SERVICE'CHARGE � 3 � .'T � n .7yy�4 � ,; a � a E TE# , S4. . 1-, ' 4 �. ' , b n ,� r f,¢s r s i l� F : i x i P L & l* . . Vp 3�. . ..,, 7. „S+.v.i. .9�.w :.,. .,, h*:az r r •'.>" '��'.'. Present Proposed Connection (Business Hours) $ 35.00 $ 35.00 Connection (After Hours) $ 52.50 $ 52.50 Read for Change $ 12.00 $ 12.00 Returned Check $ 16.25 $ 16.25 Delinquent Notification Charge $ 4.75 $ 4.75 5 <, I.rk x:s=«-""xi� -x�:;;� ... �.,. -,. ,, <v.> ,, � >..>w* ;�+ ✓,..,::- `�.«., ,l.:. S..ce.w .. �� .. -; ..:.,`�:... ��'�` Ypo s� o- .x •si°+s,, ';'g :;:: .` z':,,4,�a F,b. to �"-`�: ; Kse 1:: , �.`, ' 14,54 3 -y G t .;SYSTEM BRA. EFIL N 4 � � anr. EAST'` M ETnRO � T :� ,� � � k � . �. a t N-RAH ,...LL g y � -p nE u� .. .� �;x. �.� �i3.. � ,�. .� . -t zs+ �3 a��,'�3� 'r e '�� TX Y -�qr,a€; COM �►RA-rV DA, fAo trqr ::S a,s .. f'�..fi- 9k .. c 'i . ',ayq s : , 'td k t, ..,. 1 ,�> ,,kY :gin ,.. ..n . ,:"'�: Z, .i'. F g.:, r.r � ..'w. � �... 7 P .�r,kn x"`�:.£. 5 h PRIOR CASE PROPOSED CHANGE (6-98) (12-99 TEST YEAR) $ CUSTOMERS Residential 150,550 163,606 13,056 90/0Commercial 13,290 11 ,717 -1 ,573 -12% Industrial 95 90 -5 -5% Total 163,935 175,413 11 ,478 7% SALES VOLUME IN MCF in (000) Residential 11,898 12,463 565 5% Commercial 4,231 4,287 56 1 Industrial 262 257 -5 "2% Total 16,391 17,007 616 4% OPERATING EXPENSES in ($000) Labor $ 5,376 $ 5,269 $ (107) -2% Other Expenses $ 9,900 $ 11 ,692 $ 1 ,792 18% Total $ 15,276 $ 16,961 $ 1,685 11% NET PLANT INVESTMENT in($000) $ 94,031 . $ 115,214 $ 21,183 23% s 6 nc ,n-rr.,,,:« , , ... . , . <mewre i:,+ e, arsm a<: ; k <�, ' € .s s°', � �' z v� re: y ;� `'-a^,2,t .w � ,� A ft.,> �' §>✓:°:�,:; VEST - S lJ M iVIAsRyI( - ,2 M ENT .R - #t r"P ��-r r: "a�"�. :,,r ;�c 'r :,'�., x a%:::;,✓`>� r "F" �.�. .,. $ �:'. a,�:.. �'9,'�Tx �r " 'OAT y- EAS ET i''� ® ;.sz.g�. ,�,. vt sy � �•. a,2 'tia r „� i,d�:¥�R";. °' • From June 1998 through December 1999, TXU Gas Distribution has invested $39.2 million of new capital in the Northeast Metro system. • Net Investment has increased 23% - Safety/Replacements $ 1 .9 million - Service Lines & Meters 3.0 million - Relocations 3.0 million - Economic Growth $ 13.3 million Total $ 21 .2 million f . ar z <:,, r Yy. »-V <��' C z>.- �''.? 4 x: ;.� -'Yis�,�Y,.x r, ' ` •:,k � �n��_:; '4: `•Z� '°'`:. n . , : �a o a':.. - :4 ' �." fia .z „, �, t: ° f � mo1a.- s ? d Yx a ; ,,Agi �* � V$T _� 't :: v • : "� 3 ;�?r. _ :3'.t -wu -« a §t ; "7 s t "- § . Y r :� 1 f,-g ,4 e&;z' : i¢; ". - .,z .'. � � "'m ` r. `, ." u ' riqp.;, n px;•. _ s';:, t, - ;..»} 't .ryac x° #" g o'� M. ,�:,.® z e 0 ` g t ;" � � ", } ''Y #r,a,� p , : 7 '� ,t � i �'x4. "� a AN=' .,a -a #` 1'{°4ataw '_?d k ':.,,`irc " � -z � �a«c. ;rt.`„m F p.s, a.�€ �5 wok a .i' ., z ., <,!- M,.s; .:M'�3ta._av,�' a> ..�Aa.a'.uew 3, xka.sew:aa.�a£as-"`:��kin�,iL�Yz.,oz!.�.,.N,. ....._w£3S3"yrt+`x#4'sd w9 _swa'-;` 3', a .�T 8 12.50% 9.82% 10.00% 7 .50% 6.42% ti. 4.43% 5.00% Tyr � F,�� 4Sa. ii� �3yd" z` $ `�3 fedi ..'A" ' 2 .50% _______________, i�a`p 0 .00% Authorized Last Currently Being Proposed Case Earned 8 agnritilr: "• ra � � �q 1• r ". r 3, °,1 v�" � a . 5' a °gt. e -g a -- , a .t � $, a... j� 1 9ft 1� ; g � � ' V `; :'. �� . H AST. TR � S STEM � . � �F v: t a� 4p :y3 ` �"%„ t� C�rt .� x % s,{ .,fia , p ° , :4s. IbTMESZ'Le` g( ° � 1 4 Y 1 dYJ b y x � � . . rSY .. §ro i . r s r sn� 'li:I 4 , .,T fity ; AE s a g # r' £ ;8 ; � > w P +r .. ..L': ,* r M, . . ., 4a.a2iw° .'s%X, s €a ,, f» s,.r-. ., < • Weather Normalization Adjustment (WNA) - Stabilizes customer bills by adjusting for normal weather • • Plant Investment Cost Adjustment (PICA) - New - Adjusts the customer charge to recover the authorized return on changes in plant investment 9 WYLIE CITY COUNCIL AGENDA ITEM NO. 9 December 12, 2000 Issue Hold a public hearing to consider and act upon approval of a request from Carter and Burgess, Inc., for approval of a zone change from A (Agriculture) District to SF-8.5/17 (Single-Family Residential) District, for a 71.234 acre tract located at the southwest corner of Brown Street and Kreymer Lane, situated in the Francisco de la Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas. (Zoning Case No. 00-12) Background The applicant is requesting rezoning of the subject property in order to develop a single-family residential subdivision. This application is the first to be considered under the revised Residential Districts provisions of the Zoning Ordinance, adopted July 25, 2000. The subject property contains a total of 71.234 acres of land, currently held in two ownerships. The property fronts approximately 2,150 feet along Kreymer Lane and 700 feet along Brown Street. The property is currently undeveloped and has been used for agricultural purposes. The property to the west of the tract is zoned for SF-2 (Single-Family-2 Residential)uses and developed as the Oak Meadow Addition with lots of approximately 8,500 square feet. Property to the north across Brown is zoned PD (Planned Development 94-48) for residential uses and is developed as the Wyndham Estates Addition with lots of approximately 5,500 square feet. The property to the east across Kreymer is undeveloped, and the properties to the south is undeveloped and within unincorporated Collin County. Public Comment Forms were mailed to sixty(60) property owners within 200 feet of this request. Two Public Comment Forms have been returned, one FOR and one AGAINST the request. Financial Considerations Rezoning application fee - Paid Other Considerations • The Comprehensive Plan recommends Suburban Residential uses for this property. Suburban Residential is defined as allowing single-family detached houses on lots ranging in size from a minimum area of 8,500 square feet to one acre, served by urban streets with curbs and gutters and sidewalks. Dwelling units must be within 3,000 feet walking distance of the retail/institutional Village Center and provided clearly defined, effective pedestrian linkages to it. See attached Land Use Categories excerpted from the Comprehensive Plan. The request is consistent with these recommendations of the Future Land Use Plan. • However, the recently-revised Residential District Provisions of the Zoning Ordinance classifies single-family residential lots of 8,500 square feet and smaller as Village Residential Districts, which are intended to be located more immediately adjacent to the nonresidential Village Centers (desiring that no dwelling be more than 1,300 feet distance). See attached Section 3.3 and Figure 14 defining Village Residential Districts excerpted from the Zoning Ordinance. The requested zoning change to allow residential lots in excess of 1,300 feet from the nonresidential Village Center is not fully consistent with the SF-8.5 Zoning Ordinance. • The Zoning Ordinance states that "no amendment or rezoning shall be approved unless it is consistent with the goals, objectives and policies of the Comprehensive Plan. This provision is consistent with the requirement of State Law that"zoning regulations must be adopted in accordance with a comprehensive plan". • The newly-adopted Residential District Provisions of the Zoning Ordinance establish a flexible point system which all developments must meet in order to obtain approval for construction. The provisions list certain Base Design Standards which all developments must meet, and provide several optional Desirable Design Standards from which the developer may choose in meeting a given required total number of points before a development may be approved for construction. The Desirable Standards are grouped into Land Design, Streets and Sidewalks, and Architectural Standards. These points will be tabulated and reviewed for compliance by the City staff during review of subdivision plats and engineering and building plans. The applicant has not as yet provided a proposed site layout or tabulation of development conditions, nor is such required at this time. • The proposal is consistent with existing adjacent development. Board/Commission Recommendations At the December 5, 2000 Planning and Zoning commission meeting, the P&Z recommended 4-1 to deny the request because the project did not meet the goals of the Comprehensive Plan. Staff Recommendations Approval of the rezoning. The proposal is consistent with the comprehensive Plan, and the newly- adopted residential standards of the Zoning Ordinance can provide desired quality. The Department's of Development Services, Public Works, and Fire, concur with this recommendation. Attachments Location Map Area Zoning Map Property Owner Notification Map Zoning Area Map Land Use Categories from the Comprehensive Plan Section 3.3 and Figure 14 from the Zoning Ordinance Prepared by Revi ed by Financ City Mana er proval V14), / SUBJECT 1 .1*.: PROPERTY "I + ' �$ a e 'i. wa �o. - ( 1 '1■■111111■'I: r.11t�1i. _;. ill ( . 1■■111111� iiiimmitinoto 1■■111I11■_ tl —��\' I1�11■1��■■It1111YiliilF ion *9-" • 1::::1 11■11■11I1■■IIIIIIYIII w - .*`-tiiiiiii..• Illll/lil''-=! i ■il■ilttlmltlu ■rll�ralitII l�,` 1 I / i�ii11:. a Erni� 11M� I= ==I I— I,i1;, , "I:. ■■ ■■ ■■ ■ - IN11iAIN �N@;`l 1111 1pum1 = r��,��I IiliII I � r11�lb: �� '. 4 ariMI-UI1II ��I. L_ 1.� �111111ir11111 EA dI1111111/1111 , . 11"uw11i1�aig1 1111 I: .■..,�� •. ■1111111IF■1111/4 r +► • N �``.rr�rTli�- 111�11�1.1111�Nr ♦ Vu.r n OAS iimulwvhsilankt C----711T !!!!'LIlIIIO_ , 1 1 iiini_iiiq j '� 1 I u /A� " _ - z \1111 .. 1111 _ ,-_ oli111111 �v1: -____ rminigiudgi . ,401110 - 41,000 ..... — \illi ...r fl/11111N '�111111111111117MAP LOCATION ZONING CASE #2000- 12 -. Anil E i I d ra, - ... . ry A All SF—A r . . v o n____ L•MIIIIMMI., I- c c vE o Ya .41. A O 0 � > to 0 m i CO N M i • ♦•MIN -e ._.._..J O 0 I 1101 • -------------------- • NPP :• I PD I v 1" - 400' i i i 1 i i i I _ -••J I _.._.. I I I I I I I I I _.._.._.. I I I I I I i. 1 I I ZONING AREA MAP ZONING CASE #2000- 12 ,.. .1„,„,..1.s..4\ Cg 0 I 1` ' °I r i IJiiiuuiii,lit= `1 1er ,r, 4,?:�' p: Brown 11 IS IS 17 19 21 Street I T. Harbour g VVISD R-6688-005- R-6688-005-2090-1 a, 2190-1 ° Farmer's Electric ►. 49 ' 23 R-6688005- 1 i 48 24 ! 2170-1 1 1131 47 26N. g 1 46 27 R-668 -005- 44 2130-1 East a< Stree -"- 43 Ell R. Parker 42 R-6688-005- 41 1511 2139-1 •*V R. Parker ., -R-6688-005- ,� 1400-1 2120-1 ------------------------ I I ! i ' r..-..-..- 1 - 400' � � I I I I I — — 1 I _.._.. I I I I I I I I I • I i r PROPERTY OWNER NOTIFICATION MAP ZONING CASE #2000-12 Wylie Comprehensive Master Plan B. LAND USE CATEGORIES The following land use categories describe the proposed land uses in the Land Use Plan. These categories do not necessarily correspond to current City of Wylie zoning classifications or to any other related planning document currently used by the city. These categories are established for the primary purpose of presenting conceptual densities and uses. • Country Residential - Single-family detached houses one acre minimum, with no curb and gutter and no sidewalks to maintain rural character. Livestock is permitted on tracts two acres or greater. Housing on lots smaller than two acres is permitted if gross density does not exceed equivalent of 0.75 dwelling units(DU) per acre. Open space easements, golf courses, parks, etc. count toward calculating gross density. • Suburban Residential - Single-family detached houses, with curb and gutter required and sidewalks required. New developments require minimum 8500 sq.ft. (1/5 acre) lots, up to 1 acre lots. New developments containing lots less than 8500 sq.ft. may be permitted with special design standards. Units must be within maximum 3000 ft. walking distance from a Village Center and have clearly defined, effective pedestrian linkages to it. • Village Center Residential — Six (6) dwelling units (DUs) per acre or greater, which can be apartments, townhouses, duplexes, mobile homes(limited to existing mobile home parks), zero- - lot-line homes, small-lot single family homes (less than 8500 sq. ft.) with special design standards as adopted by the City of Wylie, or congregate/senior living. Units must be within maximum 1300 ft. walking distance from a Village Center and have clearly defined, direct pedestrian linkages to it. • Commercial - Neighborhood- or community-oriented establishments that range from retail, office, and/or mixed uses. Development types include convenience retail, power centers, retail villages, professional offices and multistory facilities (maximum height of two stories) for single or multiple tenants. • Institutional - Municipal, governmental, educational and/or religious developments. These create extensive pedestrian activity and should be located at the center of villages. • Light Industrial - Developments that assemble, produce, prepare and/or transport materials. Development types could also include repair, service and storage facilities, located away from residential areas. • Heavy Industrial — Developments for licensed and regulated industries such as concrete batch plants, etc. • Utilities - Developments which provide or conduct a public or private utility service. Typical y examples include: North Texas Municipal Water District, railroads and railroad-related facilities, and electric substations. • Parks and Open Space - Public parks that vary greatly in size, along with public and/or private spaces which preserve and protect natural systems, scenic areas and publicly important property.- • *Additional land use categories are described in Section V that apply only to the SH 78 and FM 544 Corridors • • • 26 Y' • Zoning Ordinance Yard Requirements -Accessory Structures Front Ya * Behind • r Building Line of Main Structure Side Yards (fee 5 Rear Yards (feet) 10 Rear Yard Double Front .•ts (feet) 25 Side Yards Corner Lots (feet 25 Minimum Distance From Main Bu• •ing(feY 5 Area of Building Maximum cumulative building size 4000 square feet; or Lot 2 Acres or Less (square feet) 10% of lot area Lot More Than 2 Acres (squa • feet) 5c10 of lot area, whichever is greater. Height of Structures Main Structure (fee 36 Accessory Struc re (feet) 36 4. Addi •s nal Provisions: Please refer to additional requirements in Article 7, Ge eral De elopment Standards. SECTION 3.3 VILLAGE RESIDENTIAL DISTRICTS Village Residential Districts provide for appropriate land uses and density of uses within locations designated as village centers in the Comprehensive Master Plan. Residential uses within and immediately adjacent to the village centers provide a built-in support network for businesses located within it.Village centers provide a focus for civic, commercial, entertainment and service-related uses for a neighborhood. A. Single Family—8.5 District (SF-8.5/17) 1. Purpose: The SF-8.5/17 district is a single family residential district allowing detached houses on individual lots and requiring a minimum lot size of 8gt0 square feet.This is the highest density single family detached housing residential zoning allowed in Wylie and is intended to be adjacent to village centers. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Single Family-8.5/17 District, including density, height, lot and unit size. Figure 6 - Single Family 8.5 District (SF-8.5/17) Lot Size Lot Area 8,500 Lot Width (feet) 60 Lot width of corner Lots (feet) 75 Lot Depth (feet) 100 July 25,2000 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS • Page 13 Zoning Ordinance Lot Depth of Double Front Lots (feet) 120 Dwelling Regulations • Minimum Square Footage 1700 _ Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements—Main Structures Front Yard (feet) 25 Side Yard (feet) 10 Side Yard of Corner Lots (feet) 25 Side Yard of allowable nonresidential use (feet) 30 Rear Yard (feet) 25 Rear Yard Double Front Lots (feet) 45 Yard Requirements -Accessory Structures Front Yard Behind Rear Building Line of Main Structure Side Yards (feet) 5 Rear Yards (feet) 10 Rear Yard Double Front Lots (feet) 25 Side Yards Corner Lots (feet) 25 Minimum Distance From Main Building (feet) 5 Area of Building Maximum cumulative building size 4000 square feet; or Lot 2 Acres or Less (square feet) 10% of lot area Lot More Than 2 Acres (square feet) 5% of lot area, whichever is greater. Height of Structures Main Structure (feet) 36 Accessory Structure (feet) 36 4. Additional Provisions: Please refer to additional requirements in Article 7, General Development Standards. B. Townhouse District H115) 1. Purpose: The TH/15 di ict is a single family residential district allow' ttached houses on individual lots and requiring : inimum lot size of 4,000 squ, _ -et. The Townhouse District is intended to provide flexibility fo velopment of pro.- '-s that are providing open space, preserving natural areas of value, or a,,'ding a - . with environmental hazards. The Townhouse District should be adjacent to or part of d use development within the village centers. 2. Permitted Uses: See Use Cha Article 5, Section _ . 3. Development Stan• •s: Following are the yard, lot and spa - requirements for the Townhouse District, inclu.: g density, height, lot and unit size. Pa;:e 14 ` ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS July 25, 2000 rd4 Zoning Ordinance FIGURE 14 VILLAGE RESIDENTIAL DISTRICT (SF—8.5/17, TH/15, MF, MH) REQUIRMENTS A. VILLAGE LAND DESIGN REQUIREMENTS For properties with adjacency to flood plains, open space,electrical or water easements, or property adbjoD�gRABL Lake Lavon or Lake Ray PHoubNbbaard. PAGE# ELEMENT a.BASE STANDARD 30 10 1. Public Open Space Easements 10' open space easement and 8' trail 20' open space easement a. 20' buffer with 4' walk 10 or Landscape 30 2. Perimeter Walkways and 10' buffer with 4' walk b. 20' buffer with 8' walk 15 5 or 31 3. Connections of Open Space to 30' connection,4' walk, every 10 lots a. 50' connection 5 Residential Development b. 50' connection with 8' walk 10 or 25 c. Streets alongside open space g equipment 4. Lighting and Furnishings along Lighting— low-height solar lighting 10 32 a. Exercise 10 open space easements and trails every 200' b. Water fountains 5 Benches with backs every / mile or c. Decorative paving 5 portion thereof d. Enhanced cross walks 5. Pedestrian Linkages to the Clearly defined, direct pedestrian No unit more than 1,300' actual distance 10 33 Village Center linkage 90 Total Number of Land Design Points Available 30 Total Number of Land Design Points Required B. VILLAGE LAND DESIGN REQUIREMENTS For properties without adjacency to flood plains, open space, electrical or water easements, or property adjoining Lake Lavon or Ray Hubbard. PAGE# ELEMENT a. BASE STANDARD b.a. 20' buffer with 4' walk DESIRABLEPOINTS10 or 30 2. Perimeter Walkways and 10' buffer with 4' walk Landscape b. 20' buffer with 8' walk 15 4. Lighting and Furnishings along Lighting—low-height solar lighting a. Exercise equipment 10 32 10 open space easements and trails every 200' b. Water fountains Benches with backs every / mile or c. Decorative paving 5 5 portion thereof d. Enhanced cross walks 5. Pedestrian Linkages to the Clearly defined, direct pedestrian No unit more than 1,300' actual distance 10 33 Village Center linkage 5 Total Number of Land Design Points Available 55 Total Number of Land Design Points Required Page 27 ARTICLE 3-RESIDENTIAL DISTRICT REGULATIONS July 25,2000 ilit , ,.. Zoning Ordinance C.STREET AND SIDEWALK REQUIREMENTS • (For all Village Residential Districts) PAGE# ELEMENT BASE STANDARD DESIRABLE POINTS 34 I. Curvilinear Streets Meet standard city requirements Provide curvilinear streets 20 34 2. Entry Features and Medians 100 foot right of way for 200 feet. Landscape median 15 Brick or stone walls 34 3. Signage at Entries Signage incorporated into entry wall None NA or monument sign 36 5. Sidewalk Locations Both sides of street,continuous None NA pathway 6. Sidewalk Width 4' concrete a. 5' concrete 10 or 36 b. 8' concrete 15 37 8. Sidewalk Lighting Low height solar every 200' Signage on decorative lighting poles 10 38 9. Location of Alleyways Screen parallel alleys from view No alleyways parallel to streets 20 38 10. Screening of Res. Units Screen with brick walls No residential units backing onto streets 20 Backing onto Major Thoroughfares i9 11. Village Res. Pedestrian Decorative pavers, brick or stone, None NA Crosswalks striped 39 12. Village Res. Sidewalk 20% specialty paving 50% specialty paving 10 Material �� 13. Village Res. Street Trees Front yard trees Font yard trees evenly spaced on both 20 sides of street Total Number of Street and Sidewalk Points Available 130 Total Number of Street and Sidewalk Points Required 55 Page 28 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS July 25, 2000 Zoning Ordinance D.ARCHITECTURAL REQUIREMENTS (For all Villa a Residential Districts) DESIRABLE POINTS 1. Exterior Façade Material ELEMENT BASE STANDARD NA PAGE 100% brick or stone None 5 a. 8:12 or g 40 41 3.Chimne s Chimne enclosure re uired Brick fire lace matchine.exterior 5 reater 4. Roof Pitch 6:12 minimum roof pitch 10 42 b. Dormers,or combination hi and able 5 5. Roof Materials Asphalt shingles,no wood shingles. Paint Architectural grade overlap shingles 42 roofto accessories to match 10 or 6. Units with same floor plan and 7 lots skipped both sides of street a.9 lots skipped both sides of street 43 b.None within 1,200 feet 20 OR same street elevation OR 10 or 7. Units with same floor plan and 7 lots skipped same side of street,4 lots a.9 lots skipped same side of street,6 lots 2 0 44 different street elevation opposite side h. None within 1,200 feet 5 9.Village Residential front entry 40 sf minimum front porch,4' minimum a. Porch railing part of front porch design 46 depth b.60 sf minimum front porch,5' minimum 10 cover de th 5 One style throughout development 46 10. Village Residential Mail box Paired at lot line 20 locations10 47 11.Village Residential arage doors Offset, maximum 50 ercent of elevation Not on rimar or combination hip and gambrel 12.Village Residential roofs and overla8:12 'tch shin,th'les architectural grade95 47 roofing materials Total Number of Architectural Points Available 405 Total Number of Architectural Points Required July 25,2000 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 29 . WYLIE CITY COUNCIL AGENDA ITEM NO. 10 December 12, 2000 Issue Consider and Act Upon an Ordinance annexing all of a certain 10.9 acre tract of land out of the Francisco De La Pena Survey, Abstract 688, and being a re-survey of all of a 22.039 acre tract as conveyed to Gary P. Williford and wife, described by deed dated September 14, 1961, recorded in Volume 587, Page 253 of the Deed Records of Collin County; save and except a 11.055 acre tract of land conveyed to David Walden by deed recorded in Volume 1845, Page 813 of the Deed Records of Collin County; located on the west side of Kreymer Lane and including 1053 S. Kreymer Lane. Background In an effort to ensure the goal of protecting the quality of life and the provision of services within the area, the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the proposed annexation, the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing the permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. In accordance with State Law, proper notice and public hearings were conducted according to the following schedule: Notice published for Public Hearings November 1, 2000 First Public Hearing November 13, 2000 Second Public Hearing November 20, 2000 Adoption of Ordinance December 12, 2000 Financial Consideration The current property tax rate for the City of Wylie is .725 per $100 of valuation. Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered to comply with the Local Government Code for the provision of services, (please see attached Service Plan). This annexation is being conducted in compliance with Sections 43.062 and 43.063 of the Local Government Code. Board/Commission Recommendations N/A Staff Recommendations Approval Attachments Ordinance Area Map Prepared by Revi ed by Financ ity Manager royal Ordinance No. AN ORDINANCE ANNEXING A 10.9 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE FRANCISCO DE LA PENA SURVEY, ABSTRACT 688, AND BEING A RE-SURVEY OF ALL OF A 22.039 ACRE TRACT AS CONVEYED TO GARY P. WILLIFORD AND WIFE, DESCRIBED BY DEED DATED SEPTEMBER 14, 1961, RECORDED IN VOLUME 587, PAGE 253 OF THE DEED RECORDS OF COLLIN COUNTY; SAVE AND EXCEPT A 11.055 ACRE TRACT OF LAND CONVEYED TO DAVID WALDEN BY DEED RECORDED IN VOLUME 1845, PAGE 813 OF THE DEED RECORDS OF COLLIN COUNTY; LOCATED ON THE WEST SIDE OF KREYMER LANE AND INCLUDING 1053 S. KREYMER LANE; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE- DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THE ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION THEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021. Local Government Code and the City of Wylie, Texas' (Wylie) Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property") to Wylie, and WHEREAS, prior to conducting the public hearings required under Section 43.063, Local Government Code, the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS, the City Council finds that the service plan has been prepared in full compliance with Section 43.056, Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS, the City Council finds that the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety (90) days after the City instituted the annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie. SECTION 2: The Service Plan for the Property is attached hereto as "Exhibit B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the County Clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendment thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by any court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 12th day of December, 2000. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARBARA SALINAS, City Secretary DATE OF PUBLICATION: , WYLIE NEWS EXHIBIT A BEING all that certain lot, tract or parcel of land situated in Collin County, Texas, being a part of the FRANCISCO DE LA PENA SUVEY, ABSTRACT No. 688, and being a re-survey of all of a 22.039-acre tract as conveyed to GARY P. WILLEFORD and wife, LINDA MCKEE WILLEFORD and being the same tract described in deed from DOUGLAS B. BROWN to ROY V. FOX and wife, by deed dated September 14, 1961, and recorded in Volume 587, Page 253, of the Deed Records of Collin County, Texas and being more particularly described as follows: BEGINNING at an iron state by a corner post in the Northwest corner of said 22.039 acre Willeford tract; THENCE South 00 degrees 53 minutes East with an established fence line along the West line of the said Willeford tract, 649.12 feet to stake located for corner; THENCE South 89 degrees 44 minutes West with fence and Willeford tract 224.90 feet to fence post for corner; THENCE North 01 degrees 56 minutes East with fence 1107.41 to fence post for corner set in the West Right-of-Way of Kreymer Road 429.67 feet to fence post for corner; THENCE South 89 degrees 56 minutes East with fence 1108.41 feet to fence post for corner set in the West Right-of-Way of Kreymer Road; THENCE North 00 degrees 15 minutes West with fence and West line of Kreymer Road 429.67 feet to fence post for corner; THENCE South 89 degrees 59 minutes West with new fence line and North line of Willeford tract 11853.33 feet to PLACE OF BEGINNING and CONTAINING 22.01 acres of land. SAVE AND EXCEPT therefrom that certain tract of land conveyed to DAVID WALDEN by Deed recorded in Volume 1845, Page 813, Deed Records, Collin County, Texas and being more particularly described as follows: BEGINNING at the Northwest corner of said 22.01 acre tract, a 1/2 inch iron stake found for corner; THENCE North 89 degrees 59 minutes 53 seconds East, along the North line of said 22.01 acre tract, a distance of 734.77 feet to a '/2 inch iron stake set for corner; THENCE South 1 degree 44 minutes 02 seconds East, a distance of 653.34 feet to the Northeast corner of the Walden tract, Volume 1558, Page 768, a 1/2 inch iron stake found for corner; THENCE South 89 degrees 44 minutes West along the most Southerly line of said 22.01 acre tract, a distance of 744.30 feet to the Southwest corner of said 22.01 acre tract and the Northwest corner of the Walden tract, a '/2 inch iron stake found for corner; THENCE North 00 degrees 54 minutes 14 seconds West, a distance of 649.42 feet to the PLACE OF BEGINNING and CONTAINING 11.055 acres of land, more or less. CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 10.9 acres SURVEY, ABSTRACT & COUNTY: Francisco de la Pena, Abstract 688, Collin County Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances,junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 2. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty(60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty(60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half(42)years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(42) years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty (60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10)years from the effective date of this Ordinance. _____. _........_... __ _.._____ .._.._.._.._ Gregory.Lantta Tackett . 103 Douglas Drive R-6688-005-1410-1 Wylie, Tx 75098 14.77 Ac. ! i Tlm&Robin Kreymer i 3645 Touchstone Rd. R-6688-005-1490-1 •-a • 14.77Ac, i P. t.Box 2 89 Wylie,Tx, 75098 1053 S. Kfeyrner Ln. Wylie,Tk, 75098 •6. •ureyrnerl,n Wyienr.75098.._.._.._.._.._.._b_off._.._.._.._.._.._.._.._.._.. R-6688-05-1250-1 10.955 er, John&Dian Yates, R-6688-005-1480-1 j R-6688-005-1259-1 3209 Ranch Drive Garbnd,Tx. 75041 7,499 Ac, ! Ian,cN I.Mng Trust John&Diana Yates ! 1033 S.Kner In. Wylie,1k.75098 3209 Ranch Drive R-�88-00 Ac 470-1 i ! R-6688-005-1280-1 5.7 P . Garland.Tx. 75041 12.5 . i ! ! ! i i i j 1 j i i i i L.._.._.._.._.._.._.._�._.._.._.._.._.._.. 1 i I ,.._.._.._-- 1 i i i i i j i �.._.._.. ! ! I I j i 1 / ! ! I I I I i i j / i j i I I I i I I I ! I 1—i--..- �._.._..L.._.._ i i i :_ _ . I ! I I I . ! ' ! I ! ! I 1 ! i I I a I I I 1 I j 1 I r i I i i i-.._...i 1 F.._..1 i i i i i I 1 I I I i I 1 I I I _..� i i I _.._.._..J I I I I j .._ �. i i I I I I ! j i ! I I I I i j i i i i ! ! I ! I j i ! l I 1 i j ! I I I I i I 1 I i i i I j j s. Stone Road I L..=1 l L I I I I ! ! ! i I i ! I I I 1 I i I I i I j----i arm(Q Lona L ! i IT-1 I j i ; i _.._. .._..L.._.. .._.._.._ i. g ! i j 5 j j �_--I j i j -----i I ,i i I a L..y ! 1 I I I i i § j i j I. ,iutum Lana I I I— j i j i i I • I ' 1 I Li I I j ' ! j • i I 1 i WYLIE CITY COUNCIL AGENDA ITEM NO. 11 December 12, 2000 Issue Consider and Act Upon an Ordinance annexing all of a certain 5.7 acre tract of land and being part of the Francisco De La Pena Survey, Abstract 688; located on the west side of Kreymer Lane and including 1033 S. Kreymer Lane. Background In an effort to ensure the goal of protecting the quality of life and the provision of services within the area, the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the proposed annexation, the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing the permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. In accordance with State Law, proper notice and public hearings were conducted according to the following schedule: Notice published for Public Hearings November 1, 2000 First Public Hearing November 13, 2000 Second Public Hearing November 20, 2000 Adoption of Ordinance December 12, 2000 Financial Consideration The current property tax rate for the City of Wylie is .725 per $100 of valuation. Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered to comply with the Local Government Code for the provision of services, (please see attached Service Plan). This annexation is being conducted in compliance with Sections 43.062 and 43.063 of the Local Government Code. Board/Commission Recommendations N/A Staff Recommendations Approval Attachments Ordinance Area Map Prepared by Rev' ed by Fina e City Manag royal Ordinance No. AN ORDINANCE ANNEXING A 5.7 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE FRANCISCO DE LA PINA SURVEY, ABSTRACT 688, PATENT 265; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85- 23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THE ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION THEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021. Local Government Code and the City of Wylie, Texas' (Wylie) Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property") to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.063, Local Government Code, the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS, the City Council finds that the service plan has been prepared in full compliance with Section 43.056, Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS, the City Council finds that the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety (90) days after the City instituted the annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie. SECTION 2: The Service Plan for the Property is attached hereto as "Exhibit B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the County Clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendment thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by any court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 12th day of December, 2000. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARBARA SALINAS, City Secretary DATE OF PUBLICATION: , WYLIE NEWS EXHIBIT A Being a tract of land of the Francisco De La Pina Survey, Abstract 688, Patent 265, and being more particularly described as follows: BEGINNING at a point in the West line of Kreymer Road, 430.12 feet South 0 degrees 12 feet East from the Southeast corner of a 77.14 acre tract deeded to G.W. Kreymer and recorded in the Deed Records of Collin County, Texas; THENCE South 0 degrees 12 minutes East 225.0 feet to corner, THENCE North 89 degrees 48 minutes 45 seconds West 1099.36 feet; THENCE North 1 degree 24 minutes 20 seconds West 225.50 feet; THENCE South 89 degrees 48 minutes 45 seconds East 1108.40 feet to the Place of Beginning. CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA t ANNEXATION ORDNANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 5.7 acres SURVEY, ABSTRACT & COUNTY: Francisco de la Pena, Abstract 688, Collin County Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2)years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances,junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty(60) days of the effective date of the annexation ordinance. 2. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty(60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty(60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half(42)years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(42) years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty (60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10) years from the effective date of this Ordinance. _____. ........._.... __ _.._.._.._ .._.._.._.._ Gregory&Lanita Tackett �.._.._.._.._ 103 Douglas Drive R-6688-005-1410-1 Wylie, Tx. 75098 14.77 Ac. I Tim&Robin Kreymer i 3645 Touchstone Rd. R-6688-005-1490-1 .._.._.._.._. I Deli=Hepy Wylie,Tx. 75098 14.77 Ac. i i P.Ot Bout 2/89 1053 S. Kreymer In. Wylie,Tx. 75098 0 s.+uevrr,er. �, wwe,�.7sov8 .- oob zzsa� R-6688-05-1250-1 John&Diana Yates. I a R-6688-005-1259-� 10.955�'' 3209 Ranch Drive R-6688-005-1480-1- - i . _.._.._.. eland,Tx_75041 7.499 Ac. ! 1033 S.Kreffner Ln.Much!liviDust lk.75098 ��&�na Yates R-6688-005-1470-1 i R-6688-005-1280-1 5.7 Ac. 3209 Ranch Drive Garlarxl,Tx. 75041 12.5 Ac. j i ! ! ! 1 j I j I ! i j I ! I i I I j i i I . j i ! i i i i i i .1 ! i r-�-... i I • ! I 1 j I I I I I I I f'�—•�—"� i I i I j j ! I ! I I ! I 1 i i ! i i i i i j ! ! ! i i i i i i i i i i I j ! ! i i i i i i i i ! i i i i i i i j j • JI Stone Road I I I L..J I I I I ! //iI i : I I j I I I I .._..i. L .._ ! I.. I j I I I I i I i--- I I 1 I I H••� I I I offing Lana ! I I ! I I I I I L.._.._ _.._..-i I -i---J I L.._..i.._.._.._� I j j i 9 1 j -----ij 11 I I. a L..-I I al ! I j I I I I i j.._..- i i— r.._..1 j i i • 5 AutumnLon 1 - i i j i j j i ! .._..� j 1 ! I I j I I ! i j \ I i .1 I WYLIE CITY COUNCIL AGENDA ITEM NO. 12 December 12, 2000 Issue Consider and Act Upon an Ordinance annexing all of a certain 59.536 acre tract of land and being part of the Francisco De La Pena Survey, Abstract 688; generally located on the east side of S. Kreymer Lane and including 1036 S. Kreymer Lane. Background In an effort to ensure the goal of protecting the quality of life and the provision of services within the area, the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the proposed annexation, the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing the permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. In accordance with State Law, proper notice and public hearings were conducted according to the following schedule: Notice published for Public Hearings November 1, 2000 First Public Hearing November 13, 2000 Second Public Hearing November 20, 2000 Adoption of Ordinance December 12, 2000 Financial Consideration The current property tax rate for the City of Wylie is .725 per $100 of valuation. Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered to comply with the Local Government Code for the provision of services, (please see attached Service Plan). This annexation is being conducted in compliance with Sections 43.062 and 43.063 of the Local Government Code. Board/Commission Recommendations N/A Staff Recommendations Approval Attachments Ordinance Area Map . - Prepared by Rev' ed by Fina ce City Mana proval Ordinance No. AN ORDINANCE ANNEXING A 59.536 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688, PATENT 265, COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THE ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION THEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021. Local Government Code and the City of Wylie, Texas' (Wylie) Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property") to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.063, Local Government Code, the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS, the City Council finds that the service plan has been prepared in full compliance with Section 43.056, Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS, the City Council finds that the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety (90) days after the City instituted the annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie. SECTION 2: The Service Plan for the Property is attached hereto as "Exhibit B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the County Clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendment thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by any court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 12th day of December, 2000. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARBARA SALINAS, City Secretary DATE OF PUBLICATION: , WYLIE NEWS EXHIBIT A BEING A TRACT OF LAND OUT OF THE FRANCISCO DE LA PINA SURVEY, ABSTRACT No. 688, Patent 265, Collin County, Texas, being more particularly described by metes and bounds as follows, to wit: BEGINNING at a point in the East line of Kreymer Road, said point being North 00 degrees 12 minutes West 1,200.01 feet from the intersection of the east line of Kreymer Road and the North line of Stone Road, same being the Southwest corner of the J.A. Kreymer 109.6 acre tract; THENCE North 00 degrees 12 minutes West along the East line of Kreymer Road 1,296.06 feet to a point for corner; THENCE North 89 degrees 40 minutes East 1,990.87 feet to point for corner in the Northeast corner of the J.A. Kreymer 109.6 acre tract, same being the Southeast corner of a 68.52 acre tract deeded to G.W. Kreymer; THENCE South 0 degrees 16 minutes East along the East line of said J.A. Kreymer's tract 1307.97 feet to point for corner; THENCE West and parallel to Stone Road 1,992.27 feet to the PLACE OF BEGINNING and containing 59.536 acres of land, more or less. CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 59.536 acres SURVEY, ABSTRACT & COUNTY: Francisco de la Pena, Abstract 688, Collin County Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2)years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances,junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 2. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty(60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty(60) days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City,beginning within sixty(60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half(42)years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(42) years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty (60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10)years from the effective date of this Ordinance. _......._... _____. _.._.._.._ _.._.._.._ 1, Gregory&Lantta Tackett ••_.._..-..- 103 Douglas Drive R-6688-005-1410-1 Wylie, Tx. 75098 14.77 Ac. Tim&Robin Kreymer 3645 Touchstone Rd. R-6688-005-1490-1 _.._.._.._. i P.OE Box 2?89 _.._.. Wylie,Tx. 75098 14.77 Ac. 1 1053 S. Kreymer t n. Wylie,Tk. 75098 1 o36 s.iueyrner in wyee,U-?504e e.o Ac. R-6688-05-1250-1 John&Diana Yates,• R-6688-006-1480-1-..-•- I 9209 Ranch Drive Garland i R-6688-005-1259-1 .._.._.._.. .._.._.. .. .._.._.._.. ,Tx. 75041 7.499AC7 ! Kkucw t Tnrst John&Diana Yates i 1033 S.I e nier Ln. value,lk.75098 R-6688-00 i R-� �81280-1 5.7 Pc. �209 Ranch Drive Garland,Tx. 75041 12.5 470-1 Ac.• i ! i i I I I i i : i i i i �.._.._.. / I I i j I i L.._.._..T.._ %_.._.._.._.._.._.._.._.�_.. _.._.._.._.. I I %' I I ; I L.._.._.. !: I I I I 1 r� 1 ! I I j I I I I r- "- , I �._.._..L.._.._ i I I j i ' ! .._.. 1 j i i ! I ; j 1 I j i r.._.._..� i j i _.._ _._.._.._..— I I ,1 I i i i 1 i • j j ' f.._..7 1 F.._..� ; ; L.._.._.._.. 1 I I I I I ! I ! I I I i _.._i._.. i i I I ; I I I ; j i i i i I j I I i i i i i i i i i ! I i i i j i i j j I I ! j ; Stone Road J /�! i I. I Z..J I L ii. I I i i i ! ! i i i i i i j i i j f- i ! ! ! j j i__— j i j j oiling Lane I I 5 9 _.._.I_.._..L.._..i.._.._.._� i i i I I _--I i i ; 1 j _.._..� 1! i j a L...y j j• al i I H.M j i I i j .0 F.._.._ t_ iT.._..1 1 I i WAutum lane i _ i i— i I I i i j _..-I t— I I I I I i I I I •_ I 1 _.._.._.._.._.._.._.._.._.._I .._.. .._.. .._.. .._..1.._.._.._.._.._.I_..�._._.._.._.._i._.._.I_.._._.._.._..;.._..1.._..a i I i \ i i 1 i