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01-13-1987 (City Council) Agenda Packet AGENDA REGULAR MEETING CITY COUNCIL CITY OF WYLIE, TEXAS TUESDAY, JANUARY 13, 1987 7 :00 P.M. COMMUNITY ROOM 800 THOMAS STREET CALL TO ORDER INVOCATION ORDER OF PAGE BUSINESS REFERENCE BUSINESS COUNCIL BUSINESS 1 1-17 Consider approval of minutes. 2 Consider appointments to fill two vacancies on the Planning & Zoning Commission. PUBLIC READING OF ORDINANCES/PUBLIC HEARINGS 3 Conduct PUBLIC HEARING on the assessment of property owners for the proposed street reconstruction on S. Birmingham between S. Ballard and Kirby Streets. 4 Conduct PUBLIC HEARING on the assessment of property owners for the proposed street reconstruction on Stone Street between S. Ballard and S. Birmingham Streets. 5 18-25 Consider approval of Ordinance establishing the assessment of property owners for a portion of the cost of street reconstruction on S. Birmingham Street between S. Ballard and Kirby Streets; and Stone St. between S. Ballard and S. Birmingham. 6 Conduct PUBLIC HEARING on a proposed increase in water and sewer rates for City of Wylie utility customers. 7 26-31 Consider approval of Ordinance establishing new rates for water and sewer customers for the City of Wylie. 8 32-33 Consider approval of Amendment to Ordinance #84-12 , adjusting fees charged for Mechanical Permits by the City of Wylie. 9 34-35 Consider approval of ordinance prohibiting delivery or use of volatile substances such as intoxicants or inhalants within the corporate limits of the City. 10 35-37 Consider approval of ordinance controlling the discharge of firearms and other weapons within the corporate limits of the City. 1 ORDER OF PAGE BUSINESS REFERENCE BUSINESS 11 38-44 Consider approval of amendment to insert Zoning Ordinance for the City establishing use regulations in commercial zoning categories. 12 45-46 Consider approval of ordinance establishing "No Parking" on W. Park Blvd. (now known as McMillan Road) and McCreary Road. 13 47-56 Consider approval of ordinance establishing regulations for businesses serving alcholic beverages on the premises within the corporate limits of the City. 14 57-69 Consider approval of ordinance establishing regulations for the erection of signs within the corporate limits of the City. 15 70-72 Consider approval of ordinance establishing regulations for multi- unit or multi-story buildings ( i .e. , condominiums or motels) . GENERAL DISCUSSION 16 73 Presentation by citizen to "consider quality of trash pick-up and attitude of person in charge of trash pick-up at City Hall" . (Agenda request item D. Lynes. ) 17 Citizen Participation. NEW BUSINESS 18 Consider authorization to seek bids on new ambulance for City. 19 74-76 Consider award of bid for piping, insert valves, fittings, accessories, concrete and sand for construction of a water service line extension in Lake Ranch Estates. 20 74-76 Consider award of bid for insert construction materials for sludge drying beds at the wastwater treatment plant. 21 74-76 Consider award of bid for materials insert to be used in the construction of meter vault and pump house at Nortex Ground Storage Tank site. 22 77-82 Consider award of bid for Suburban to be used by the Fire Dept. 23 83-87 Consider acceptance of right-of-way dedication on Vinson Road from Roger Finholt - Lake Ray Hubbard Mobile Home Park. 24 88 Consider acceptance of public improvements in Rustic Oaks IV Addition, Phase I . 2 ORDER OF PAGE BUSINESS REFERENCE BUSINESS 25 Consider approval of land use plan. GENERAL DISCUSSION 26 Council Discussion. FINANCIAL CONSIDERATIONS 27 Consider increase in pay for City Engineer. 28 ADJOURN 3 AGENDA SUMMARY CITY COUNCIL TUESDAY, JANUARY 13, 1987 ITEM NO. 1 - APPROVAL OF MINUTES - No additions or corrections. ITEM NO. 2 - APPOINTMENTS TO P&Z - There are two vacancies on the Planning & Zoning Commission for you to consider for appointment. ITEM NOS. 3 & 4 - CONDUCT PUBLIC HEARINGS ON STREET ASSESSMENTS - These public hearings are as presecribed by State statute. Notification has been made to the impacted property owners by way of three notifications in the Wylie News (the first at least 21 days before the date of the hearing) and letters to each individual property owner. The streets concerned are S. Birmingham between S. Ballard Street and Kirby St. ; and Stone Street between S. Ballard and S. Birmingham. ITEM NO. 5 - APPROVE ORDINANCE ESTABLISHING ASSESSMENT FOR RECONSTRUCTION OF STREETS NAMED ABOVE - This ordinance was created from one suggested by our City Attorney, altered only in the specific sections that are unique to Wylie. Mr. Jackson has reviewed and approved the City' s ordinance. ITEM NO. 6 - CONDUCT PUBLIC HEARING ON WATER/SEWER RATES This public hearing is as required by State statute. Notification has been made by way of the Wylie News . ITEM NO. 7 - APPROVE ORDINANCE ESTABLISHING NEW RATES FOR WATER/SEWER CUSTOMERS - There are actually two ordinances included in your packet for your consideration. Each one reflects a different rate for water/sewer service. Mr. Johnson, Director of Finance, will be present for any questions you may have and to make his recommendation. ITEM NO. 8 - AMENDMENT TO FEE SCHEDULE ADJUSTING FEES FOR MECHANICAL PERMITS - The present fee schedule was set to recover the cost of inspections on smaller projects. It has been brought to our attention that , when applied to larger projects or commercial work, the fee becomes larger than can be justified. We feel that the proposed amendment will provide an equitable solution. ITEM NO. 9 - APPROVE ORDINANCE PROHIBITING DELIVERY OR USE OF VOLATILE SUBSTANCES WITHIN THE CITY - The use of intoxicating inhalants is not covered by State law. We have discussed this matter with the Chief of Police and the present ordinance, as presented to you, has his endorsement. ITEM NO. 10 - APPROVE ORDINANCE TO CONTROL DISCHARGE OF FIREARMS - This ordinance is one that has been missing from the City' s statutes. Up to this point, the only tool the Police Department had for controlling the discharge of firearms or other weapons within the City limits was an ordinance dealing with disturbing the peace. This ordinance will provide a better, more definitive tool for the control of such activity within the City. ITEM NO. 11 - APPROVE AMENDMENT TO ZONING ORDINANCE CONCERNING USE REGULATIONS IN COMMERCIAL ZONINGS - This ordinance is recommended to you for approval by the Planning & Zoning Commission. The Commission reviewed the existing use regulations provided in the various commercial zoning designations and made some changes, in order to have a tighter control on development of commercial areas. Included as an insert in your packet is a computer printout showing a side-by-side overview of the permitted uses in 1 each category. Staff members will be present to answer any questions you may have. ITEM NO. 12 - APPROVAL OF ORDINANCE ESTABLISHING "NO PARKING" ZONES ON PARK AND MCCREARY - This ordinance has been prepared by the staff as a direct response to the presentation made to you at the last meeting by Mr . Burge of Southfork. You will notice that the staff has not designated specific portions of either street for "No Parking" . It is the opinion of the staff that future development along both these streets, Park (McMillan) and McCreary, will make "No Parking" along the entire length of the thoroughfares appropriate. ITEM NO. 13 - APPROVE "PRIVATE CLUB" ORDINANCE - Included in your packet are copies of two separate ordinances. One ordinance, as researched and prepared by staff is included showing hand mark-ups , where changes by P&Z have been recommended . A second ordinance is included, as amended by P&Z . We are offering this ordinance as a free-standing ordinance rather than as an amendment to the Zoning Ordinance due to the fact that if we pursue our original intent of it being and amendment to the Zoning Ordinance, existing clubs at the time of annexation would be "grandfathered" . We are offering an addition to require these clubs to come into compliance within a ninety (90) day or three (3) month period. Staff members will be present to answer your questions. ITEM NO. 14 - APPROVE "SIGN" ORDINANCE - What is presented to you is an ordinance that was considered several years ago, notations made and then no further action taken until the P&Z reviewed and made changes. The ordinance, in its amended form, is recommended for approval by the P&Z . ITEM NO. 15 - APPROVE "CONDO" ORDINANCE - This ordinance will establish some guidelines for developers wishing to apply for PD classification in order to build multi-story condominiums or motels. The P&Z reviewed this ordinance at their last meeting and what is presented to you is recommended by P&Z for approval . (Their recommended changes have been incorporated into this ordinance. ) ITEM NO. 16 - PRESENTATION BY D. LYNES - Mr . Lynes had a problem with trash pick up at his place of business. His problem was taken care of , with the aid of the City staff; however, Mr . Lynes wishes to present to you his grievance concerning the quality of service from BFI and what he considers to be an "attitude" of the City staff . ITEM NO. 17 - CITIZEN PARTICIPATION - Not an appropriate area for staff comment . ITEM NO. 18 - AUTHORIZATION TO SEEK BIDS FOR NEW AMBULANCE This is a budgeted item; however , as the cost will be in excess of $5000 we need your authorization to seek bids. ITEM NO. 19 - AWARD BID ON MATERIALS FOR CONSTRUCTION OF WATERLINE EXTENSION TO LAKE RANCH ESTATES - A memo from the City Engineer regarding Item Nos. 19-21 is included in your packet on pages 74-76. Also included, as an insert, are the work sheets on the items as bid. The City Engineer' s recommendations are included in this memo. ITEM NO. 20 - AWARD BID FOR CONSTRUCTION MATERIALS FOR SLUDGE DRYING BEDS - No additional comments. ITEM NO. 21 - AWARD BID FOR MATERIALS FOR CONSTRUCTION OF METER VAULT AND PUMP HOUSE AT NORTEX TANK SITE - No additional comments. 2 ITEM NO. 22 - AWARD BID FOR SUBURBAN FOR FIRE DEPT - The summary of the bids received are included in your packet. It is the recommendation of James Johnson, Director of Finance, that the City accept the Lakeside Chevrolet alternate bid with an automotic transmission of $13 ,847 .27 with a spare tire added at a cost of $299 .20 for a total of $14 ,146 .47 . The Fire Chief has looked at the bids and stated that this bid was acceptable. Delivery time is six to eight weeks. ITEM NO. 23 - ACCEPT R.O.W. DEDICATION FROM LAKE RAY HUBBARD MOBILE HOME PARK - This dedication is for the south half of Vinson Road west of the present phase I of the Lake Ray Hubbard Mobile Home Park. Our purpose is to secure the r.o.w. and provide land on which the proposed 12 inch offsite water line will be built . The Engineering Department recommends acceptance of the dedication by the City. ITEM NO. 24 - ACCEPTANCE OF DEDICATION OF PUBLIC IMPROVEMENTS IN RUSTIC OAKS IV, PHASE I - The Engineering Department has made their inspections and tests and have declared all areas "all good" . Their recommendation is for acceptance. However, we have been contacted by one of the suppliers to the developer who was threatening to place a lien against these improvements for lack of payment. Unless payment has been made and no lien has been filed against this property, the City cannot accept the dedication. Staff will have information the night of the meeting as to whether or not we have received written notification that the payment has been made, thus, clearing the City for acceptance of these improvements. ITEM NO. 25 - APPROVE LAND USE PLAN - We regret that it is impossible to include anything in your packet for your study; however , it is too cumbersome for us to be able to copy, even in sections. The P&Z worked over this in collaboration with the City staff over a long period of time and has approved and recommended this land use plan for your official adoption. What , in fact , you are approving is the "official" land use map which is hanging both in the Council Chambers and in the Code Enforcement Department. They are kept updated and are exact duplicates of each other. Following your action, the map will have a small paragraph superimposed on it that states that this plan has been officially adopted. ITEM NO. 26 COUNCIL DISCUSSION - Not an approrpiate area for staff comment. ITEM 27 - CONSIDER INCREASE IN PAY FOR CITY ENGINEER - I will make an oral presentation on the night of the meeting concerning this matter. However, in brief, let me say that Mr . Santry works for the City of Wylie on an hourly rate contractual basis. That rate is set at $18 .00 per hour gross with the deductions and other things being handled by Mr. Santry. He receives no additional City benefits, normally associated with City employment. His rate has been at this figure for approximately one year and four months, with no increase. Mr . Santry is the Council' s employee in the same way that I am and Mr. Jackson is; thus, someone must stand up and remind the Council from time to time that they should consider an increase for individuals such as this. I am prepared to do so on Mr . Santry' s behalf. A 5% increase similar to those granted to other City employees would raise him to $19 .00 ; however , you should remember that Mr. Santry did not receive an increase last year. Thus, I would recommend, for your consideration, an increase to $20.00 per hour . It is my opinion that even at $20 .00 per hour , we are stealing Mr . Santry' s services. He is an exceptional engineer and particularly well qualified in the areas of most concern to the City of Wylie. We would have 3 been hard pressed to have done so well in engineering over the last few years, were we not the benefactors of his service. I do not expect that Mr. Santry will forever want to continue the pace at which he is working, but his experience as a teacher is developing our Asst. City Engineer very well . I would like to suggest that the Council not only whole heartedly support this increase, but possibly take the time, at the meeting, to publicly commend Mr . Santry for a job well done. 4 CITY COUNCIL MEETING MINUTES DECEMBER 23, 1986 7:00 P. M. The Wylie City Council met in regular session on Tuesday, December 23, 1986 at 7: 00 P. M. in the Wylie Community Room. A quorum was present and notice of the meeting had been posted for the time and in the manner required by law. Those present were Mayor Chuck Trimble, Councilmembers William Martin, Calvin Westerhof , Sandra Donovan and Kent Crane, City Manager Gus Pappas, City Secretary Carolyn Jones, Code Enforcement Officers Roy Faires, Finance Director James Johnson, David Medanich of First Southwest, a representative of the Wylie News and citizens. Mayor Pro Tem Fulgham was out of town. Mayor Trimble called the meeting to order and Councilwoman Donovan gave the invocation. APPROVAL OF MINUTES: The minutes being submitted are for the November 10th, 11th, 13th, 18th, and 25th meetings. Motion was made by Councilwoman Donovan to approve the November 11th, 13th, and 25th as submitted and to correct the November 18th minutes as following: " In conclusion it is my understanding that the City Charter of the City of Wylie and the laws of this state require that all of the expenses of a recall effort are to be borne by the petitioner' s committee and not the taxpayers. Before this council votes on whether or not this Recall Petition should be placed on the ballot, I think the following questions should be answered. 1 . Who is going to pay for the recall election if one is held? The taxpayers or the petitioners committee? 2. Our City Attorney has been required to give legal advice on this recall matter and should his fees for this advice be paid by the taxpayers or the petitioner' s committee? 3. The City Manager, the City Secretary and the City Manager' s Secretary have all spent substantial amounts of time in various aspects of this recall effort and should the petitioners committee reimburse the taxpayers for the time they spent during their regular office hours on any part of this recall matter? I ask you as my fellow City Council Members for the City of Wylie to vote no on the issue of placing this recall election on the ballot because the charges even if they were true, which they are not, simply do not justify a recall vote. If you choose to vote to place this matter on the ballot it will not effect my willingness to work with you as members of this Council for the betterment of the City. However, I do intend to pursue this matter as far as it is necessary including courts, because I believe that the principle involved is well worth the effort required to continue the fight . Thank you very much for your kind attention. " Councilwoman Donovan also corrected Mayor Pro Tem Fulgham statements as follows: " Mayor Pro Tem Fulgham said regarding attorney' s fees: all the thousands of dollars of attorney fees that have been caused by you, Sandra Donovan, over the last months since April that have been unnecessary. '' / / Councilwoman Donovan also corrected the statement of Mr. Nichols, Attorney, as follows: "Mr. Nichols said concerning the expenses, "my opinion right now is the expenses be paid for by the City, subject to checking tomorrow. " Councilwoman Donovan also corrected Mayor Pro Tem Fulgham as follows: "Mayor Pro Tem Fulgham said to Mr. Nichols, that citizens may petition the district court to have election called. " Seconded by Councilman Westerhof . The vote was as follows: Mayor Trimble - in favor, Councilman Westerhof - in favor, Councilman Martin - no, Councilman Crane no, and Councilwoman Donovan - in favor. There was no decision on this motion with a vote of 3 in favor and 2 against. After much discussion, a motion was made by Councilman Crane to approve the November 10th, 11th, 13th, 25th minutes as submitted and approve the November 18th with the above corrections by Councilwoman Donovan. Seconded by Councilman Martin. The vote was as follows: Mayor Trimble - in favor, Councilman Westerhof - in favor, Councilman Martin in favor, Councilman Crane - in favor, and Councilwoman Donovan - against. This motion carried with four (4) in favor and one ( 1 ) against. APPROVAL OF ANNEXATION ORDINANCE FOR 629. 31 ACRES OUT OF THE CDLLIN COUNTY ABSTRACT 688: This property is located north of the Texana property on E. SH78. All of the public hearings required by law have been held and the 20 day waiting period has been satisfied. Motion was made by Councilman Martin to approve and sign annexation ordinance for 629. 31 acres out of the Francisco de la Pina Survey, Collin County Abstract 688. Seconded by Councilman Westerhof . The vote was as follows: Mayor Trimble in favor, Councilman Westerhof - in favor, Councilman Martin - in favor, Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. APPROVAL OF ANNEXATION DRIINANCE 1:::'OR_279. 0574 ACRES OUT Or::- THE FRANCIQ0 DE LA PINA SURVEY, COLLIN COUNTY ABSTRACT 688: This property is located along and south of W. Brown Street. All of the public hearings have been held and the 20 day waiting period has been satisfied. Motion was made by Councilman Crane to approve and sign the annexation ordinance for 079. 0574 acres out of the Francisco de la Pina Survey, Collin County Abstract 688. Seconded by Councilman Westerhof . The vote was as follows: Mayor Trimble - in favor, Councilman Westerhof in favor, Councilman Martin - in favor, Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. APPROVAL OF ANNEXATION ORDINANCE FOR 50 ACRES OUT OF THE R. D. COLLIN COUNTY ABSTRACT 660: This property is located south of the Louis Reese property and west of Muddy Creek, north of the Collin/Dallas county line. The public hearings have been held and the 20 day waiting period has been satisfied. Motion was made by Councilman Westerhof to approve and sign annexation ordinance for 50 acres out of the R. D. Newman Survey, Collin County Abstract 660. Seconded by Councilman Martin. The vote was as follows: Mayor Trimble - in favor, Councilman Westerhof - in favor, Councilman Martin in favor, Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. � APPROVAL OF AN ES OUT OF THE J. t1IjQUgLL,2URVEY, ABSTRACT 58 PATTERSON SURVEY, ABSTRACT 716: This property is bounded on the east by FM1378 and on the south by Lake Ranch Road. The public hearings had been held and the 20 day waiting period has been satisfied. Motion was made by Councilman Martin to approve and sign the annexation ordinance for 140. 58 acres out of the J. Mitchell Survey, Abstract 589 and the William Patterson Survey, Abstract 716. Seconded by Councilman Westerhof . The vote was as follows: Mayor Trimble in favor , Councilman Westerhof - in favor, Councilman Martin - in favor, Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor . APPROVAL ANNEXATION F ORDINANCE FOR 256. 993 ACRES OUT O KS SURVEy,, COLLI�_C{DJNTY ABSTRACT_B49� This property is located along and north of W. FM544 across from Steel Industrial Park. The public hearings have been held and the 20 day waiting period has been satisfied. Motion was made by Councilman Martin to approve and sign annexation ordinance for 256. 993 acres out of the M. Sparks Survey, Collin County Abstract 849. Seconded by Councilwoman Donovan. The vote was as follows: Mayor Trimble - in favor, Councilman Westerhof - in favor, Councilman Martin in favor , Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. A��ROVAL OF ORDINANCE PROVIDING FOR E OPERATION FOR PRIVATE CLUBS AS DESCRIBED CONTROL CODES: City Manager Gus Pappas said it is required by law for a private club to request the extended hours of service, the Texas of State Law will not approve the extended hours unless the City gives it' s okay. The law allows you to state that you grant this business the right for extended hours and each time a private club comes in, they will have to come before you prior to getting the extension from the State. Councilwoman Donovan wanted to know if you could omit "Steaks Over / exas" and just put private clubs granted permission for extended hours. City Manager Gus Pappas said yes, but it would be a blanket ordinance to all clubs. Councilwoman Donovan said if the other clubs wanted extended hours for New Years, they cannot get on an agenda in time. Code Enforcement Officer Roy Faires said as long as the City has a blanket ordinance and one of the clubs gives us problems, we cannot do anything, but if each club has to get permission, then the City has control . Councilman Crane said that Planning and Zoning has been working on a private club ordinance to keep ones like Steaks Over Texas and not those like the Key Club. Councilman Crane would like to see more control . Councilman Westerhof said he would like more control and would like each club to come before Council . Councilman Crane wanted to know what days or is it everyday they can be open with extended hours. Code Enforcement Officer Roy Faires said the way the law reads they can stay open every night until 2 A. M. Councilman Martin wanted to know if the statement made earlier was that the State can issue this without the City' s okay. Code Enforcement Officer Roy Faires said the State will not grant this permit unless the City sends a copy of the signed Ordinance approving same. Mr. Larry Hampton representative for Steaks Over Texas said the extended hours is mainly to keep the people off the roads between 11 P. M. and 2 A. M. going to Richardson, Plano or Rockwall . This will help keep the people inside. We keep coffee and snacks out. A club is responsible if a person leaves and has an accident. We are talking about one hour on Saturday night and two hours on Friday night and holidays such as New Years Eve. Motion was made by Councilman Westerhof to approve the extended hours for Steaks Over Texas. Seconded by Councilwoman Donovan. The vote was as follows: Mayor Trimble - in favor, Councilman Westerhof - in favor, Councilman Martin - in favor, Councilman Crane - in favor, and Councilwoman Donovan in favor. This motion carried with all in favor. CITIZEN PARTICIpAT]I�: Mrs. Olympia Margies of 10 Lucy Lane. Mr. Mayor and Council Members, Mr. Mayor do you reside at 204 Rushcreek in Wylie. How long have you been there. I have records that show you have been there for over 2 years. In Chapter 3 of the Election Code Handbook for clerks and judges, it states that the voter must change his/her address if they move. The name and address have to be the same as what appears on your voters card, and this must be the address where you live. One must change their address within 90 days after you move. If a voter has moved and has lived there more than 90 days, he must have changed his address 30 days prior to an election day. I have done some research and you, Mayor Trimble, are registered in two precincts, both in precinct 27 and precinct 56. According to records in Collin County, you are not registered as a qualified voter, I am putting this information before the Council . APPROVAL OF {%ILLIN COUNTY PUBLIC WORKS IMPROVEMENTS ON COUNTY BRIDGE 31 : The County wishes to replace the washed out bridge on McMillan Road and repair the bridge on Troy Road. There is no money involved for the City, but the city staff wants this and would ask for your approval . The bridge will be built to where Wylie can widen it at a later date if needed, and this would be done by developers in this area. The City staff has asked Collin County to place this bridge where it will be in the path of Park Blvd. when it is extended. Staff recommends approval . Motion was made by Councilwoman Donovan to approve the improvements on County bridges on CR298 and CR431 by Collin County Public Works Department . Seconded by Councilman Martin. The vote was as follows: Mayor Trimble - in favor, Councilman Westerhof - in favor, Councilman Martin - in favor, Councilman Crane in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. APPROVAL O 1378 SOUTHWARD FROM FM2514: This new speed zone has been requested of us by the State of Texas and would put a reduced speed zone on this section of roadway. Motion was made by Councilwoman Donovan to approve the new speed zone on FM 1378 southward from FM 2514. Seconded by Councilman Crane. The vote was as follows: Mayor Trimble - in favor, Councilman Westerhof - in favor, Councilman Martin - in favor, Councilman Crane in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. AUTHOR IZATIO N CONSTRUCTION C[MpANy��_ This request is being made by Dawson Construction for partial payment on work completed at the Nortex Tank Site. Payment for this construction comes from the impact fund and this partial payment is in the amount of $12, 811 . 50. Dawson Construction has requested a partial payment of $14, 235. 00, less 10% retainage until job is completed. Motion was made by Councilman Westerhof to approve the partial payment in the amount of $12, 811 . 50. Seconded by Councilman Martin. The vote was as follows: Mayor Trimble - in favor, Councilman Westerhof - in favor , Councilman Martin in favor, Councilman Crane in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. Mayor Trimble called for a motion to recess the open meeting and convene into a work shop on the follows: 1 . Staff proposed increases in City water/sewer rates. 2. Staff analysis/recommendations of sanitation rates. 3. Creation of City of Wylie Personal Property Finance Corporation (First Southwest Co. David Medanich. 4. Matters related to the refunding of the City' s water and sewer bonds. Motion was made by Councilman Martin to recess open meeting and convene into work shop to discuss the above items. Seconded by Councilman Westerhof . All were in favor. No. 1 Staff proposed increases_in City wat��/�ewer rates: Mr. James Johnson, Finance Director, said that staff was proposing two rate increases for the Council to work with. In both cases the staff will be requesting a step rate instead of a flat rate. AT the present time, the more water a customer uses, the less he has to pay, so the low user is paying the highest rates. The impact fund may not be able to handle the capital improvements in the future and staff would also suggest a study be done on this fund in order for the City to be able to keep up with the demands on capital improvements, it may be necessary to increase the impact fee. It is very important for the utility rate customers to not have to pay for capital improvements. The system that is set up is a good one but we might need to look at it for upgrading. City Manager Bus Pappas said when the impact fee was set up, it was a known fact that these fees were not large enough to pay for the capital improvements that would be needed. The staff and Council at the time thought that these fees would generate approximately $40, 000. 00 and anything over that would be passed on to the utility customers at the time improvements were needed. The Council can look and study the impact fee and see if they believe it needs to be upgraded, it has not been studied or raised since it was adopted several years ago. Mr. James Johnson said it will be two or three years before the low impact fee will hit the Council . There is time to upgrade this fee. Council can look at the impact fee now and be ready prior to the future getting to us. Council needs to look at what share they want the developer to pay and what share they want the utility customers to pay. Councilwoman Donovan wanted to know how long this study would take. Mr. Johnson said approximately 90 days. Councilwoman Donovan wanted to know if taking 90 days for this study would put us in a bind. Mr. Johnson said no, this was a separate matter from the water/sewer rates. If more is put on the developer, then the utility customer will not have higher rates for capital improvements. This study will take the information and spread it over the next twenty (20) years. City Manager Gus Pappas said that the staff can take the land use plan and work up some figures over this and give you a report prior to deciding to contract a firm for a full study. Councilwoman Donovan wanted to know how much this study would cost. Mr . Johnson said approximately $20, 000 to $25, 000. City Manager Gus Pappas said that the staff has not approached any firm, that our staff has a lot of information to give and if Council so desires, the staff can contact a firm and asked for an approximate cost for this type of study. Councilman Martin said when this impact fund was created, it was done to help the utility customer from having to pay for capital improvements due to development. Mr. Johnson said he was not saying that our impact fund was not good, but that it needed to be studied. Councilman Martin said we needed to be fair to rate payers as well as developers. Mr. Johnson said his concern is that more of the burden is going to fall on the rate payers and not the developers. Mr. Johnson said he feels the impact fee needs an additional $50. 00 added to it now. Councilman Crane said he would not be opposed to a $50. 00 increase. Councilman Crane said he was very much a supporter of the impact fee. Mr. Johnson said staff does not like to recommend higher rates, but we must increase water/sewer rates in order to keep up our services. Mr. Johnson said rate 1 is 17 1 /2% increase and will generate $175, 000. more revenue over a year. This is not the only large rate increase you are going to see. City Manager Gus Pappas said is there a possibility given the fact we are given more customers, would we not have to raise rates next fall . Mr. Johnson said no, we will still have to raise the rates next fall . Councilman Crane said what about rate 2. Mr. Johnson said that rate 2 is what the staff is recommending and you will still have to look at another rate increase next fall . Councilwoman Donovan said does this mean that taxes have to go up. Mr. Johnson said that utility stands alone and if Wylie does not get the growth than the taxes may have to go up. Mr. Johnson said these rate increases will support our level of service now. City Manager Gus Pappas said that growth has provided us with more tax dollars for adding more personnel , but if there is no growth, than taxes could go up in order to up grade our level of service. Councilman Martin asked if the wastewater treatment plant had been mentioned. Mr. Johnson said yes, $46, 000. would be put in reserve for the new wastewater treatment plant. Mr. Johnson said the one thing that has been done is to restructure the reserve funds. These funds are invested and can not be used. No. 2 Sanitation Rate Study: The rate we now charge is what was set up when Moore Industrial first contracted for these services. Moore did file for a rate increase but could not back up their increase with records. Again in April , 1986 Moore made another rate increase proposal . Mr. Johnson is now recommending $7. 40 residential rate, Commercial hand collection up 27% and dumpster rates will increase an average of 41 . 5% depending on container size and number of times per week service is rendered. Councilman Crane wanted to know if it would be better for the City to go back into this business. Mr. Johnson said yes, but the figures are much higher. City Manager Gus Pappas said it would be $9. 00 per residential customer and this just barely covers the cost for getting back into the business. The biggest problem is the City does not have a land fill . Councilman Crane wanted to know if the staff had discussed the proposed rate increase with BFI . Mr. Johnson said yes, but he believes that Council should not agree to the rate increase until BFI/Moore takes care of the issues of the land fill . City Manager Gus Pappas said that BFI has said that Moore should put back what they did at the old land fill . BFI is willing to do the work or give the City the money to do the work. The second issue is the monies that Moore was to pay us for the lease of the land fill and the fee on the road repairs leading up to the land fill ' Councilwoman Donovan wanted to know if we agreed to the rates, and could this become effective if and when would BFI clear up the issues of the land fill . City Manager Gus Pappas said he would have to check with the City Attorney prior to Council taking that type of action. City Manager Gus Pappas suggested Council to go ahead and schedule the public hearing and hold this hearing and by that time, staff 6 . the figures .1 ... ._ .�.:.. �::y , back e will.!. .l. have all !:.i_1 put t.: the t_. I.��:.ri i:a fill 1. I:_ca:::h:: like I::::: �."::. ... appropriate .._. . i�:i a},s.^� ,:a l"i{::I what�-!"r. would la E:: steps tz'.1-1!; '!::(+ take in getting .t._h i+_ land fill back like it was. No t_•!'•t'a.i..: .+... f ty +r !i .' t+ "_' .L�!1 (::: t._:L �.........t=:_1"._._�:...y_..a.e__ c�r•'.W t_!r"t<:t. t•-'t_ -c.tr.t••,.• Finance Corporation .1:::i.r"+=>t Southwest Co. , David ci i _ l? : : : F-iecian:1 c:hi said the creation of City of Wylie Personal Finance 1•1 F 1 would benefit the: City. appoint Property Corp r-.:: t:.!"1::� First c . . members L:c:i work with contractors trying ._tn.l. equipment, :L h City Manager will work on selling bonds a r the City will maintain all titles on all equipment. The City '+r"esl_nt1.y has oiStSi:ta.nt:f:i.niJ lease purchases and under this new system, the City can hold the titles to these properties and at the same t tir get a better interest i•..r;,.'k:.e.. Once '•„'C1,_t "i:: :•`{-, created the corporation, you are not binding yourself at all . It can .lust s:i,t there unt.L .1. the City decides -,--1 use i.t:„ It will allow ytau to use this as bond indebtedness and ..-.. ... .... ._. ... .. s .... !i t..!k_ <::!•�� +_':;I..,+;�`1'1`.:=.F_�'..: during the+_' 'r•i='c:!1'-„ It will help on{ :_l...f e 't:.c'::t: Johnson said this N a= similar to i general obligation bonds except you do i _ L have to hold an election. No. 4 Matters related to the refunding of the Ci ' s water _s; - _ " _..... s s and C::b�7t=?!. bonds. One the primary reasons for_.._-1t;?t'1 t_`•=,. i t• doing r.i C future gives..,s ust ability o ..e• _ se City .}i:r`oit1 for the r+_.tk.:+tr`r:: t.aa.'�'r:=.:: _1',r::: t:.�.1 release.t:..'%:ar.::::� thet.:he covenants. If we refinance these and pay all t:he t: l T.i covenants off. then we . f _ r"P r c . cen start drawing new covenants ... _ that .. .....modern. ..e ..s.:. s•.:; ... we t...C":?'.�i=�r�]!at rt��.s:> are i::? i i .�i..I t:'r ,,,. The 1 r�! benefit .I."L'. has.' ]. . that s a use more accepted practices !._ .. that ... ?..t::ii i•::' modern 7.i...l terms r-i i i:a t._•r' ._., !... proof that . .o 7 have .. , .�. . to issue bonds.you?... f'1 s:.. r.: L:c: have',:(��� _.._. L _..._.._.__ closed .. .... session ... c .. r. Mayor Trimble the 1�� work and i... reconvened ... 1::., Council into regular session. AUTHORIZATION TO SET PUBLIC HEARING DATE FOR iWc:;i..i ER/SE_:WiER RATES L,S, FOR CITY CUSTOMERS:: Motion was made by Councilwoman Donovan t t s E t t e public hearing date wi : +or Water/Sewer Rates f r._r City Customers i"o r:.. January • 1987. Seconded by Councilman Crane. The vote {••+;.•+<:=. :::,_-, follows:: I'',a`,-i::?r Trimble .__ . ..... favor, i l"7 favor, Councilman t�'•�Ez'�c>'t:.i::.r..l.i i::•tr' .L P_I Councilman Martin - . .. ..... ..... favor, and Councilwoman s:aI .f.l...i favor,�•!r.. i Councilman Crane ].I"1 7'�!�:•�r"'„ Donovan ..... in favor. This motion carried with all in 1 favor. AUTHORIZATION TO 'SE"i PUBLIC HEARING DATE FOR, SANITATION made by Councilman Crane to set �: ",1-..� RATES:', Motion ?t:J is a; public hearing date for Sanitation Rates _ _ __ 1` January , vote".,v 1987. Seconded !.J"'y' Councilman Martin. The _t w ai+.s_:i: as follows Mayor . 7 5. _ in favor , Councilman Westerhof in favor, Councilman Martin _ in favor, Councilman Crane - in favor, and Councilwoman Donovan in favor. This motion • favor. carried with all l .#.f"+ AUTHORIZATION FOR FIRST : C1LI"i"HWE,..i.. _i 11 PROCEED WITH PREPARATION C;1::: DOCUMENTS f`'"1 I FOR CITY O11::- N L.1:E_: PERSONAL PROPERTY FINANCE CORPORATION:: Motion was made to grant authorization 't-or`" First Southwest to proceed tai:l..i_L_i preparation of C:CJ(:::?_killei'"t ::.s for City of Wylie Personal Property Finance Corporation. Seconded _.. 1 ... The .... vote.., :�r::'!_.�?r1Ca+s't:i by Councilman Martin.. , hit::' : +_.1t'_re was as follows . .... F'IC:a y!..1r"' Trimble in favor, Councilman t%:ies._;f.r•r-!t_?._ -. in favor, Councilman Martin "" :L ii favor, Councilman Crane i C"1 favor, , a f - Councilwoman Donovan - favor.! " This motion carried with all in favor. A i T l'-IOR 1:ZA.1..I t11'•,i TO F'RUCE_:E'D Ni'"'H MA..l.._F.E:RS RE:L.A"I_EDI TO REFUNDING OF C:I i ,r ' S WATER AND SEWER BONDS:: Motion was made by Councilwoman Donovan to grant authorization to proceed with matters ._ ..s... ;:: 1:1 ..1 1 refunding 7 1 i 1 f;; ...... r.:; Al1t":.i.' and ,..fit,:;i,_it_;r... I l i c;! .':_t:_r :3 related...t':.r:':: .._ t::�t' rii: ].rl:' 'h [._'1"::.'}f' Water cct r..i:: Bonds. Seconded by Councilman Martin. The vote was as follows:: ..._ .. --" Councilman ..u,: .s } ,t.e 1 1 ,. ..... „ Mayor•,:t.�r Trimble a.t`t favor, t�::::...?1.__i. :I.i i.<::.r i t 1 � �i..i:_r.. .:::: f. in favor, Councilman Martin - 7 t favor, Councilman Crane in favor, and Councilwoman Donovan in favor. This motion carried with all in favor. Motion was made to adjourn, with all in favor. ........ ............................... ............................__................................ _..... Chuck Trimble, Mayor ATTEST: ---------------------------------- Carolyn Jones, City Secretary � � CALLED CITY COUNCIL MEETING - MINUTES 0ECEMBER 30, 19S7 7:0O P. M. The Wylie City Council met in a called session on Tuesday, December 30, 1986 at 7: 00 P. M. in the Wylie Community Room. A quorum was present and notice of the meeting had been posted for the time and in the manner required by law. Those present were Mayor Chuck Trimble, Mayor Pro Tem Joe Fulgham, Council Members William Martin, Kent Crane, Calvin Westerhof , and Sandra Donovan, City Manager Gus Pappas, City Secretary Carolyn Jones, Finance Director James Johnson, I . W. Santry, Jr. from Engineering Department and acting Public Works Director Kenneth Moelling., APPROVAL OF DECEMBER 9,_1986 MINUTES : There being no corrections or additions to the minutes, a motion was made by Councilman Martin to approve as submitted. Seconded by Councilman Crane. The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Martin - in favor, Councilman Crane - in favor and Councilwoman Donovan in favor. This motion carried with all in favor. APPROVAL OF AMENDMENT TO I E DRDINANCE 86-80: Mr. Santry made the statement to the Council , at the time this ordinance was passed, it was noted that there might be some small amendments to it at a later date. Talem, Inc. and the engineering staff recommend the following amendments to the ordinance: Section 16. 2, B, 5. The development and execution of reasonable and realistic plans for controlling and abating pollution or potential pollution resulting from generalized discharges of waste which are not traceable to specific sources, such as storm sewer discharges, urban runoff from rainwater, and other non specific discharges. Section 16. 3, 0. Except as hereinafter provided, no person shall discharge or cause to be discharged into the sanitary sewer or drainage system of the City, or to the waters of the State of Texas, directly or indirectly, any of the following described matters, water, wastewater, or wastes: Section 16. 3, C, ( 13) Acids or alkalines capable of causing damage to sewage disposal structures or personnel or having pH value lower than 6. 0 or higher than 9. 0 Section 16. 3, D Unless an exception is granted by the City, the city' s sanitary sewer system shall be used by all persons discharging domestic wastewater, industrial wastewater and other polluted water in accordance with this ordinance and other ordinances of the City. Section 16. 4, B The City is entitled to review and approve the installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0. 76 hp metric) or greater as part of the permit application for a plumbing permit. Mayor Trimble wanted to know if there would be any problems from the narrowing of the pH range. Mr. Santry said no, this was what the State Health Department and the Texas Water Commission Board wanted it to be. Councilman Crane wanted to know if these changes would allow the City to enforce the issue of control to the persons not complying with our ordinance. Councilman Martin wanted to know if this does or does not control any dump sites that run into our system. City Manager Gus Pappas said no, this is just on our sanitary sewer system. Councilman Martin wanted to know about dumping on top of the ground. Mr. Santry said this was illegal anyway. City Manager Gus Pappas said the main body of this ordinance is aimed at pollution. Mr. Santry said a lot of small industries are having materials picked up and the trucks are trying to dump where ever they can. This is a problem the City of Wylie has been watching. Motion was made by Councilwoman Donovan to approve the above amendments to Ordinance No. 86-80. Seconded by Mayor Pro Tem Fulgham. The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor , Councilman Martin in favor, Councilman Crane - in favor, and Councilwoman Donovan in favor . This motion carried with all in favor. CITIZEN PARTICIPATIDN: There were several citizens present at the meeting, but no one wished to speak. TIV ILE HOME PARK: Mr. Bill Burge, park manager at Southfork Mobile Home Park, resides at 386 Sue Ellen is asking the Council to post no parking signs along McCreary Road and McMillan Road. People are parking large trucks and cars there at night and in the morning when we are trying to bring in mobile homes, it is impossible to make the turn into Southfork. City Manager Gus Pappas said there are two lanes of pavement which was cut down and installed by Southfork Mobile Home Park. When one of these lanes has cars or trucks parked on it, then there is only one land for traffic going and coming . City Manager Gus Pappas stated if the Council wanted, there would be a no parking ordinance on the January 13th agenda. AUTHORIZATION TO SEEK BIDS FOR RADIOS FOR NEW SQUAD CARS: This is a budgeted item but does require staff to seek bids. Motion was made by Mayor Pro Tem Fulgham to grant authorization for staff to seek bids for radios for new squad cars. Seconded by Councilman Martin. The vote was as follows: Mayor Trimble in favor, Mayor Pro Tem Fulgham in favor, Councilman Westerhof - in favor, Councilman Martin - in favor, Councilman Crane in favor , and Councilwoman Donovan - in favor. This motion carried with all in favor. AUTHORIZATION TO PROCEED WITH WII��IN{�_DF_ PAVEMENT FOR ION PROJECT IN WYLIE RANCH EAST: Mr. Feivor of 315 Callie Court has come before the Council to ask Council to widen and reconstruct the two streets that are within Wylie Ranch East addition. City Manager Gus Pappas said at the time this ETJ plat was approved, the roads were dedicated to the City of Wylie and we are responsible for patching them. Mr. Feivor said that the City accepted the streets 7 years ago and now they are in much need of repair. The homeowners are willing to participate with the City in reconstructing these two streets. Councilwoman Donovan wanted to know why this has not been annexed. City Manager Gus Pappas said because they do not ��) � <� want to be a part of the City of Wylie. There is a law that was just recently passed that says a City cannot surround a parcel of land and not annex it. Since the City has surrounded this subdivision, Council will have to annex it in the very near future. Councilwoman Donovan wanted to know if there is a time frame on getting these roads reconstructed. City Manager Gus Pappas said no. There is a concept that when you are annexed the City has to build a new road for you, this is not true, the City has to maintain the road. Councilwoman Donovan said it was her feeling that we do some of the streets inside the City limits before we do these streets which are outside the City limits. City Manager Gus Pappas said if the Council decides to do these streets, there would have to be appraisals and letter sent to property owners and a public hearing held. Mayor Pro Tem Fulgham said in the history of Wylie, the Council would not give water to people outside the City much less participate in reconstruction of their street . Councilman Crane said his personal feelings are to have taxpayers living on the streets prior to fixing streets. City Manager Gus Pappas said there are two streets, Callie Court and Donna Drive. Both are 1 , 390 feet long with existing pavement width of 12 ft. and 17 ft. We as a City do have the legal right to access and place liens on property outside the City if we are reconstructing their streets. The construction costs of these streets allow for 20 ft. wide strip approximately $38, 503. this includes the letters, engineering, advertising, labor and materials. The property owners would be asked to reimburse the City approximately $13, 900. , leaving the City $24, 603. If a 27 ft. wide strip was put down, the approximate cost would be $51 , 797. and the property owners would reimburse the City approximately $18, /65. The question the Council is faced with is when we do Birmingham, it is coming from General Fund (tax payers) and from the property owners (tax payers) . When we do these streets our maintenance will go down, but can we take tax payers money and do streets that are out side the City and have no tax payers. Mayor Trimble asked Mr. Feivor if there was a need for someone to meet with the home owners about annexing into the City. Mr. Feivor said they do not want to be a part of the City, but if they so chose, and annexed these properties, I do not feel they would object. Mr. Raymond Frank said that the City is so far behind in fixing the streets, why do we want to become a part of this City. In regards to patching, there is no way to patch these streets, there is no base and the patching just washes out. Councilwoman Donovan said the people in the City are paying for their streets and these people should be put on the priority list. City Manager Gus Pappas said the only thing that would make these people happy is to do an overlay and this would cost approximately $20, 000. and would not last because there is no base. Mr. Raymond Frank wanted to know if they annexed, would it be a year before anything was done to their street. Mayor Trimble said no, not necessarily, that these projects move slow and we can not put a time frame on it. Councilwoman Donovan said if all of property owners are willing to pay, then your streets could move up on the list. / ' City Manager Gus Pappas said if they are 100% there is no problem but if there is 80% for annexation, does Council want me to go ahead and annex the entire subdivision. Also does Council want a 20 or 27 foot street. Councilwoman Donovan said these may not always be dead end street so go with 27 ft. wide. City Manager Gus Pappas said most of the time streets that are dead end are required to have a cul-de-sac, but when the other subdivision came before us Mr. Feivor said the property owners in Wylie Ranch East did not want these to be through streets. City Manager Gus Pappas said 27 ft. is measured back to back from curb, you could possible go 26 ft. Motion was made by Councilman Crane to suggest 25 ft. width until further study can be made. Seconded by Councilman Westerhof . The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Martin - in favor , Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. APPROVAL OF UPDATED SERVICE CREDIT WITH TEXAS MUNICIPAL RETIREMENT SYSTEM: The Texas Municipal Retirement System offers cities within that system an opportunity to adopt an ordinance which grants all of our employees in the program an updated service credit and an increase to those employees who have already retired. Our contribution rate toward the retirement system last year was 4. 43%. Our percentage of contribution would have dropped because of our history, but we can reduce the amount of that drop and move to 4. 39% and provide this extra benefit for our employees. The Council has adopted this ordinance for the past several years. Motion was made by Mayor Pro Tem Fulgham to approve and sign the ordinance adopting the updated service credit with Texas Municipal Retirement System. Seconded by Councilman Martin. The vote was as follows: Mayor Trimble - in favor, Mayor Pro | em Fulgham in favor, Councilman Westerhof - in favor, Councilman Martin - in favor, Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. APPROVAL OF CONSTRUCTION PLANS FOR LAKE RAY HUBBARD MOBILI:::. Mr. Santry said this offsite water line will come from the water tower down to Elm Road and over to FM 544 and down to Vinson Road. Their needs for the mobile home park will require a 12" line part of the way and then go into a 10" line. In reviewing these plans, staff has determined this line should be a 14" part of the way and go down to a 12" . This would require oversizing by the City, plus there would be a few fire hydrants added. | he plans have been completed and staff does have approval from Collin County Commissioners Court and from the State Department of Highways and Public Transportation. Staff has reviewed these plans and recommends them for approval . Mayor Pro Tem Fulgham wanted to know if the developer is putting in this line except for the oversizing. Mr . Santry said yes, but staff does not have a cost as of this date. Motion was made by Councilman Crane to approve the construction plans for the offsite water line for Lake Ray Hubbard Mobile Home Park. Seconded by Mayor Pro Tem Fulgham. The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Martin - in favor , Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor . APPROVAL OF C.QgNPQDBDER #1 B-CRETE ON MUNICIPAL COMPLEX: City Manager Gus Pappas stated that the dollar figure is for the underground conduit for the / �� telephone system for not only the building under construction but is being stubbed out for the two subsequent buildings, should they be needed in the future. Mr. Johnson, Finance Director, has reviewed these figures and considers it a fair price. The money for this improvement is available because of the reduced cost in legal fees from our original estimate of that Counsel for the bond issue. Councilman Crane wanted to know how we would be receiving electricity. City Manager Gus Pappas said overhead with street lights. The logic is that we leave overhead for electricity until the developer around us puts in underground utilities and them we will convert. Mr. Johnson said going underground is necessary to have for the back up emergency phone system for public department. Councilwoman Donovan said right now $12, 000. seems like a lot when we maybe putting up poles for electricity, then why not go above ground with telephones. City Manager Gus Pappas said that service comes from the back part of the lot. Councilman Crane wanted to know if there was a time limit on this or could it wait until the figures are in on the electricity. Motion was made by Mayor Pro Tem Fulgham to table this item until all figures were in. Seconded by Councilwoman Donovan. The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof in favor, Councilman Martin - in favor, Councilman Crane - in favor, and Councilwoman Donovan - in favor, This motion carried with all in favor. FIRE HYDRANT REPORT: City Manager Gus Pappas stated that last month the Council asked for a report on the fire hydrants in the City of Wylie. That work has been done and you will find the list to show the actual location, brand, line size. This form is also designed so that each fire hydrant can be inspected at least once every four months. That activity will begin in January, 1987. There are 196 fire hydrants within the city limits, plus the ones at Southfork Mobile Home Park have not been put on yet. Some time back there was an understanding that the fire hydrants would be check by the Fire Department. This was being done at the close of each of their meetings, several fire hydrants were being checked out. Today, I cannot tell you that is still being done. When fire hydrants are checked, there should be a gauge put on the plug to check the pressure and flow. I would suggest that the best way to assure this testing is getting done is to have public work crews do this. Mayor Pro Tem Fulgham wanted to know if and when we had a paid fire department could this be turned back over to them. City Manager Gus Pappas said yes. Councilman Martin wanted to know if it would be better to use one standard type of hydrant, the list shows several brands. Mr. Santry said we have already done this and we- are using Muller. Councilwoman Donovan wanted to know the cost of a fire hydrant. City Manager Gus Pappas said around $1200. to $1400, but this includes the values. Councilman Crane wanted to know if the physical testing would give the plugs longer life. City Manager Gus Pappas said yes. Mayor Pro Tem Fulgham thanked the city staff for the time spent and for the report and the map. RESPONSE COPSE::: ON EtF I WASTE E SYSTEMS PLAN TO CHANGE REFUSE COLLECTION ION.! DAYS IN THE C:l...#..,Y`: As c f this {Date„ residents of Wylie have their- trash picked up two tit{ie, each week Part. . {.�7' the! City is picked up on Monday >~i r"i S:J Thursday a C 1 is# '1':.h t:' Tuesday h:.a,..o anc1 F=Y-i Friday. other t_.{ part on i BFI ' s plan is to pick up ... . : the t' kir:'T'I :_1.i'-f::.' city on 'r'.tA!{:1 days. Residents will still have t:.{..J+_i pickc : - 1 _ a week except when a holiday fails on o{"y r».' of f t#i e week.:; , .. 1 without service. If then �.r�1_.t will t,,{t.: for Y" a .i..full M:i adopted, . t:.._ .! this will '! -- ;.^87 11 :� t::it: {:i + .h•�[.�:: _.#'t.l. i=: t=':!1 .#. :.. #_!i=' effective{•»:'t_:�.:::L 'i is on February l_;ty r_.. 1. , �4 %C:�: . Motion was made by Mayor il::;r'_: #-::::tttF: t...1. ._#t<:..!n to approve .1i::.#_It:' pickup days for Wylie to o be Monday and Thursday. Seconded by Councilwoman Donovan. T_.i!-: `:%5..1.._l,.y wa as follows: Mayor .... .: . - --" : .. _ ... T ., ._1._ .. : # Y !. i'tl::i.#.{":' i.r'; 'f=i�t'•.r 1 ir- !-I==i'';=:tar- I-'r-'c:i t {-:�tii F:�t t] + Councilman " I>"~I c»j t:�'1..e i`_i_,r.;;.i. ..... in '1•i::;'a r-„ Councilman Martin in favor, Councilman Crane ..... in favor, ca I-i{J Councilwoman Donovan ..... in favor. This motion carried with i . J in favor.... COUNCIL DISCUSSION: Councilman Martin congratulated Carolyn Jones i::ii...t her completion {-1f the Certification Program 't'{::t{;.. City Secretaries. City Manager : s Pappas said there a` = were 1:'.4°d i'] vacanciesI:'i on Planning and Zoning t" J staff would like F to F L t this on t:'.#-{(•»i next agenda. Councilman _' }s w Crane wanted '1':E:i know :I.'S' there was"-� aproblem !.t!! trash plying a}:i. L.::1ty Manager Gus Pappas said that staff handled these fi_i::•' problems daily, and sometimes :L t: :1`.._ caused r. : ._ .. feels s 1_I people �':,•`: .L I'"3 and out and:::} the t:?. driver '{"F'?c'.l .L f:'. :#. 't?:?t1 from of moving ,M, 1,wit i 1 � much to pick up unless he charges extra +o"' it. : .... . ! Mayor`;:{�i{"• -'!•-t:i t='tYt .. z!."t i:a..i t.-.t ii t said he tr•7 iit?_: sorry he missed t}...f t': last said ..1...... equipment#._+tNF•;%r;i:' 1•�,' i need... Councilwoman Donovan � 1.?. the tc! tM't:'!.!]. _ _ .1.!'f Kirby!`..#::: _.. '1'_E:! L..i{�:' repaired !+{'- replaced. Mayor Trimble wanted to know if t_I t t:;l computer system the City c s __ i give a cash disbursement I ] s t each month. #••°I Y-,. -r :L ' does.s print a cash disbursement j _ L Johnson said t t.J!..!ki?.�: Y"1I"it. _.t3_#`! CJ]. ._L ttY"`ci•t_'.((!i:=!`it: journal . Mayor Trimble also asked _'1 e citizens to not s..:. t..._ii+:;i t#...+f1 city logo _ _ news letters t : -Y � unless L �� - 1 _ Council h a s approved :L'e'. <, cityo1=.. Pro Tern I:::t..t J.g#'"tsa'ri said what are 'yc:iu talking about. Councilwoman Donovan said 1 - you use the city logo,tq ,:ou need to have this proofed F�`.% t_#f t._' council prior to mailing it out. AUTHORIZATION OF EXPENDITURE OF $140i FROM PARKS AND RECREATION ON B1_DGGE=:..i.. FOR BLEACHERS FOR .<a...l..#..JBASEBALL FIELD 1:l I COMMUNITY PARK: This item is placed on i the agenda at. the ,..., •J!,t r.:,..i. cJ 1- ... .. . ._ .. ._. .....a,... F.. �..i....i_�+..a r.._i. _ ._ `i._ ....! .._ �a r f!. '�.a_'�_Y Ec'%•t::.L+_�rt E:+!..!�:.: i u -{ -;-,� L:t::.�:� _'r.::t:..:#. :#. field mentioned here is the fourth field completed this oaict summer al a designated `E " s_ i • the WSi during their tc.,:.....isi:)._ .. .. regular season.t� _ !t„ This expenditure #i t:a_: been{_i'1-i budgeted in this years budget. Councilman Crane wanted to+ know o w ].'4' there were spec +or these bleachers. City Manager _ l _ i_ _ Gus Pappas said they " _4 would be just like what is on the other fields. : .... . made ... Mayor ., ... .. ... _. Motion!. t...T'. was c..r: {'i i�_t t..l�: .'� I #<-.. ._.I Pro F E:�t{; k:.._t.L i,#.<�t rn t c: approve{"�i:] � the i{:.., 1 + i �!i t_ ' $,,,. i..,i.., from ..._ _ Recreation.... .. .. . t .... .. t' .. t -:�.. _l._7 a_Y {: n Parks and r'tr.:!t._i' t._':.:+t_.1+_I{'! Budget i't_+Y 1':'I«i:' L:!1.+...,,_t!._#'lt::rP-.:_ ','+_:!i' the .. t_t 1!.. s.. .. ...t baseball field. Seconded by Councilman Martin. The vote was as follows: Mayor Trimble --' in favor, Mayor #:":!,..i:= c u . _ t i a" _ in favor, Councilman Westl ' i rt . L " favor, Councilman Martin in favor, .+...+ Councilman Crane .{.l...1 favor, and Councilwoman Donovan _... in favor . This motion carried wit .. all in favor. // AUTHORIZATION FOR EXPENDITURE OF $10 RECREATION BUDGET FOR PLAYGROUND EQUIPMENT AT COMMUNITY PARK- Councilman Crane would like for Council to look at th e options of what is being bought to put in the Park as playground equipment. The equipment in there now is causing problems with splinters and the sand is causing ants. Motion was made by Councilman Crane to table the expenditure of $1 , 000 from Parks and Recreation Budget for playground equipment until further study. Seconded by Mayor Pro Tem Fulgham. The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor , Councilman Westerhof - in favor, Councilman Martin - in favor, Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. AUTHORIZATION TO REPAIR ROADWAY WITHIN COMMUNITY PARK (THOMAS STREET) : This item has been brought to the Council at the request of the Parks and Recreation Board, and they have offered the money from their budget for substantial repairs if Council has a problem finding the funds for this project. This road carries a heavy traffic load during the Spring and Summer months. Councilman Crane would like to put a two course penetration on Thomas Street and let the people use it and try to get use to this type street. AUTHORIZATION TO EXPEND FUNDS IN THE AMOUNT OF $34, 003. 91 TO FlRST SOUTHWEST FOR FINANCIAL ADVISORY SERVICES: Finance Director James Johnson said these expenses are relative to issuance of $1 , 800, 000. City of Wylie General Obligation Revenue Bonds Series 1986. The breakdown of this figure is as follows: Financial Advisory services rendered and expenses incurred for the issuance, sale, and delivery of $1 , 800, 000. Gen. Obligation Bonds Series 1986 $24993/. 99 Bond Counsel Fee 3, 065. 92 Moody' s Investors Service Inc. 2, 500. 00 Standard & Poor' s Corporation 3, 500. 00 ...................... ....._.........._ $34, 003. 91 Motion was made by Councilman Westerhof to approve authorization of payment in the amount of $34, 003. 91 to First Southwest Company. Seconded by Councilman Martin. The vote was as follows: Mayor Trimble in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof in favor, Councilman Martin in favor, Councilman Crane - in favor, and Councilwoman Donovan in favor. This motion carried with all in favor. AUTHORIZATION TO EXPEND FUNDS IN THE AMOUNT OF $11 , 188. 87 TO FIRST SOUTHWEST FOR FINANCIAL ADVISORY SERVICES: Finance Director James Johnson stated these services are in connection with the issuance of $160, 000. City of Wylie Water/Sewer System Revenue Bonds Series 1986. The breakdown of this payment is as follows: Financial Advisory services rendered and expenses incurred for issuance, sale and delivery of $160, 000 Water & Sewer Revenue Bonds, Series 1986. $ 8, 872. 87 Bond Counsel Fee 1 , 316. 00 Moody' s Investors Service Inc. 1 , 000. 00 $11 , 188. 87 ��_ Motion was made by Councilman Martin to grant authorization to expend funds for payment to First Southwest Company in the amount of $11 , 188. 87. Seconded by Mayor Pro Tem Fulgham. The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Fulgham in favor, Councilman Westerhof - in favor, Councilman Martin - in favor, Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. APPROVAL OF ONE BUILDING: The VLK Properties have submitted their final offer to City staff and it is in the amount of $2900. per month. This is at a rate of $8. 20 per square foot. This is the same offer as before, but they are standing firm on this figure. Councilwoman Donovan wanted to know if this was iron clad, what happens if we move out prior to the year being up. City Manager Gus Pappas said we would be penalized if we moved out prior to our year being up. The staff has looked at this and does not believe there is a big gap in between us completing the building and moving prior to this year being up. Councilwoman Donovan wanted to know if we could add this to the lease agreement. City Manager Gus Pappas said the staff has talked about this and does not believe it will be a problem. This lease would be up November 30, 1987:, Councilman Westerhof said he did not agree with this figure, but in order to avoid a double move he would make a motion to approve the $2900. per month lease. Seconded by Mayor Pro Tem Fulgham. The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor Councilman Martin - in favor, Councilman Crane in favor, and Councilwoman Donovan in favor. This motion carried with all in favor. Mayor Pro Tem Fulgham addressed Mayor Trimble with the statement that he thought we had quick these types of things. Mayor Trimble said are you talking about the newsletter. Mayor Pro Tem Fulgham said yes, what has been done in the past year are since April is to bring up something in public and to inflame a situation, and the next week it is big headlines in the paper. I think it is very poor taste. Go to someone face to face. When done this other way, the news uses it as a big issue and it is misleading to the public. I will talk with you face to face with witnesses. Mayor Trimble said he believes in full with Mayor Pro Tem Fulgham and what his concern is that we are misrepresenting the City by putting out a news letter entitled City of Wylie with the logo on it. I think there are problems with using the logo. Councilwoman Donovan asked City Manager Gus Pappas if Council did not approve a newsletter back in one of our workshops. Mayor Pro Tem Fulgham said he proposed it, but that Council turned it down. Councilwoman Donovan said it was turned down for those few months, but wasn` t it to be a possible expenditure in 1987. Finance Director James Johnson said this was one of the items Council cut from the budget . Councilwoman Donovan said if you use the City Logo, then Council should approve the news letter prior to mailing it out. Motion was made to adjourn with all in favor . -------------------------------- Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary // EMERGENCEY CITY COUNCIL MEETING - MINUTES JANUARY 2, 1907 6:30 P. M. The Wylie City Council met in an emergency session on Friday, January 2, 1987 at 6: 30 P. M. in the conference room at City Hall . A quorum was present and notice of the meeting had been posted for the time and in the manner required by law. Those present were Mayor Pro Tem Joe Fulgham, Council Members William Martin, Calvin Westerhof , Kent Crane and Sandra Donovan, City Manager Gus Pappas, City Secretary Carolyn Jones, and City Attorney Larry Jackson. Mayor Chuck Trimble was absent. Mayor Pro Tem Fulgham called the meeting to order. Mayor Pro Tem Fulgham convened the Council into executive session under the authority of Article 6252-1 /, Section 2, paragraph "e" legal matters . Mayor Fulgham reconvened the meeting into open session and stated that council had discussed pending litigations with the City Attorney Larry Jackson. Motion was made to adjourn, with all in favor. ----------------------------- Joe Fulgham, Mayor Pro Tem ATTEST: ___ _______________ Carolyn Jones, City Secretary , � ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, A HOME RULE POLITICAL SUBDIVISION OF THE STATE OF TEXAS, LEVYING ASSESSMENTS AGAINST VARIOUS PERSONS AND THEIR PROPERTY FOR THE PAYMENT OF A PART OF THE COST OF IMPROVING AND PAVING PORTIONS OF THE FOLLOWING STREETS IN THE CITY OF WYLIE, TEXAS, TO-WIT: S. BIRMINGHAM STREET NORTH FROM THE INTERSECTION OF S. BIRMINGHAM STREET AND S. BALLARD ST. TO KIRBY STREET; AND STONE STREET EAST AND WEST FROM S. BIRMINGHAM STREET TO S. BALLARD STREET, AND, PROVIDING FOR THE TIME WHEN SUCH ASSESSMENTS BECOME DUE AND PAYABLE, THE RATE OF INTEREST, AND FIXING A CHARGE AND LIEN AGAINST SAID PROPERTY AND MAKING SAID CHARGE A PERSONAL LIABILITY OF THE PROPERTY OWNERS OWNING PROPERTY ABUTTING ON SAID STREET, AND PROVIDING FOR THE COLLECTION THEREOF, PROVIDE A SEVERABILITY CLAUSE, AND DECLARING AN AFFECTIVE DATE. WHEREAS, Heretofore in action taken at a duly authorized, regular meeting, the City Council of the City of Wylie did order the improvements of S. Birmingham Street north from the intersection of S. Birmingham and S. Ballard to Kirby Street; and Stone Street east and west from S. Birmingham Street to S. Ballard Street by a process of filling, raising, grading, paving and general reconstruction; and, WHEREAS, Pursuant to said resolution, specifications and an estimate of the cost of such improvements were prepared for said work by the City Engineer for the City of Wylie, presented to said Council, examined, approved, and adopted by it, all as required by applicable law; and, WHEREAS, In compliance with the law, the Engineerig Department for the City of Wylie and the Tax Assessor/Collector for the City of Wylie, prepared statements or lists showing the names of property owners upon said street, the description of their property, the total cost of said improvements, the cost thereof per square foot and cost to each property owner, along with an appraisal report from the firm of Lane and Associates, Professional Real Estate Appraisers and Consultants, McKinney, Texas, for and on behalf of the City of Wylie, Texas prepared statements or lists showing the names of property owners upon said street, the description of their property, estimated value before improvement and estimated value after improvements and estimated enhancement or damage to the property; said statements possessing all other requisites required by law; and, WHEREAS, Thereafter the said statements were filed with the City Council and by them examined and approved and said Council determining the necessity of making an assessment for part of the cost of said pavement against property owners and their property, and fixing a time and providing for a hearing to such property owners, all in accordance with the terms of applicable law, at which hearing said owners were to be heard as to the benefits of the said improvements to their property, as to any error or invalidity in said proceeedings, or to any matter or thing connected with the said improvements; and, WHEREAS, The City Council did, by quorum vote, set January 13, 1987 as the date for the public hearing on said improvements; and, 1 / Z WHEREAS, In accordance with the terms of the law, and as directed by the City Council of the City of Wylie, Texas, the City Secretary, for and on behalf of the City of Wylie, Texas, gave notice to the property owners on said street of said hearing, by advertisement inserted three (3) times in the Wylie News, the official newspaper of the City of Wylie, the first such publication being at least twenty-one (21) days before the date of the hearing; and did give additional written notice of the hearing by depositing in the United States mail , at least fourteen (14) days before the date of the hearing, written notice of such hearing, postage prepaid, in an envelope addressed to the owners of the respective properties abutting said street, as the names of such owners were shown on the then current tax rolls of the City of Wylie and at the addresses so shown; provided, however, that any failure of the property owners to receive said notices shall not invalidate these proceedings; and, WHEREAS, Said hearing was held at the time and place as advertised, on Tuesday, the 13th day of January, 1987 at 7:00 P.M. in the Community Room, 800 Thomas Street , Wylie, Texas, which hearing was then closed; and, WHEREAS, At said hearing, all desiring to contest the said assessments, correct the same, or in any manner be heard concerning the benefits thereof, or in any related matter, were heard, and errors and all matters of error or mistake or inequalities or other matters requiring rectification which were called to the attention of the Council were rectified and corrected; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the action of the City Council closing the hearing and overruling the protests where no change or revision was made by the City Council, at the public hearing on the 13th day of January, 1987 , in these proceedings is hereby ratified and confirmed by this ordinance. That the City Council , from the evidence, finds that the assessments herein levied should be made and levied against the respective parcels of property abutting upon the street hereinbelow mentioned and against the owners thereof; that such assessments and charges are right and proper, and are substantially in proportion to the benefits to the respective parcels of property by means of the improvement in the unit or district for which such assessments are levied , and establish substantial justice, equality, and uniformity between the respective owners of the respective properties and between all parties concerned, considering the benefits received and burdens imposed. The Council further finds that in each case, the abutting property assessed is specially benefited in enhanced value to the said properties by means of the said improvements in the unit or district upon which the particular property abuts, and for which assessment is levied and charge made, in a sum in excess of the said assessment and charge made against the same by this ordinance. The Council further finds that the apportionment of the cost of the improvements is in accordance with the law in force in this City and that the proceedings of the City heretofore had, with reference to said improvements, are in all respects valid and regular. SECTION 2 . There shall be and is hereby levied and assessed against the parcels of property hereinbelow mentined, and against the real and true owners thereof (whether such owners be correctly named herein or not) , the sums of money below mentioned and itemized shown opposite the description of the respective parcels of property, and the several amounts assessed against the same, and the owners thereof, 2 / as far as such owners are known, being as shown in the attached Exhibits "A" , "B" and "C" . SECTION 3. Where more than one person, firm or corporation owns an interest in any property above described, each said person, firm or corporation shall be personally liable only for its, his or her pro rata of the total assessment against such property in proportion as its, his or her respective interest bears to the total ownership of such property, and its, his or her respective interest in such property may be released from the assessment lien upon payment of such proportionate sum. SECTION 4. The several sums as mentioned in the attached Exhibit "A" , Exhibit "B" and Exhibit "C" and assessed against the said parcels of property and the owners thereof, and interest thereon at the rate of ten percent (10%) simple interest, together with reasonable attorney' s fees and costs of collection, if incurred, are hereby declared to be and are made a lien upon the respective parcels of property against which the same are assessed, and a personal liability and charge against the real and true owners of such property, whether such owners be named herein or not, and the said liens shall be and constitute the first enforceable lien and claim against the property on which such assessments are levied, and shall be a first and paramount lien thereon, superior to all other liens and claims except State, County, School District and City ad valorem taxes. The sums are so assessed against the abutting property and the owners thereof, may be, at the owners option, paid in full within ninety (90) days with no interest accrued, within a twelve (12) month period, at ten percent (10%) interest simple interest; within twenty-four (24) months at ten percent (10%) interest simple or within thirty-six (36) months at ten percent (10%) interest simple interest, with interest accruing from the date of completion of the improvements. In the case of the owner opting for the installment plan, the first payment will be due within thirty (30) days of the completion and acceptance of the improvements of any particular unit or district. Any owner shall have the right to pay the entire assessment, or any installment thereof, before maturity, by payment of principal and accrued interest, and further provided that if default shall be made in the payment of any installment of principal or interest promptly as the same matures, then the entire amount of the assessment upon which such default is made shall, at the option of the said City of Wylie, or its assigns, be and become immediately due and payable, and shall be collectible, together with reasonable attorney' s fees and costs of collection, if incurred. SECTION 5. That if default be made in the payment of any of the said sums hereby assessed against said property owners and their property, collection thereof shall be enforced either by suit in any court having jurisdiction or by lien foreclosure. SECTION 6. That for the purpose of evidencing the several sums payable by said property owners and the time and terms of payment, and to aid in the enforcement thereof , assignable certificates may be issued by the City of Wylie upon completion and acceptance of the said work of improvement, which shall be executed by the Mayor, signing the same or by his facsimile signature impressed thereon, attested by the City Secretary, under the impress of the corporate seal , and shall be payable to the City of Wylie, or its assigns, which certificate shall declare the said amounts and the time and terms of payment thereof, and the said rate of interest payable thereof , and shall contain the name of the owner and the description of his property by Lot 3 or Block Number of front feet thereof, or such description as may otherwise identify the same by reference to any other fact, and if said property shall be owned by an estate, then the description thereof as so owned shall be sufficient. And the said certificates shall further provide that if default shall be made in the payment of any installment of principal or interest thereon, when due, then at the option of the said City of Wylie being the owner and holder thereof, the whole of the said assessment shall at once become due and payable and shall be collectible with reasonable attorney' s fees and costs if incurred. And the said certificates shall further set forth and evidence the said personal liability of the owner and the lien upon his premises, and shall provide that if default shall be made in the payment thereof, the same may be enforced as above provided. And the said certificates shall further recite that the proceedings with reference to making said improvements have been regularly held in compliance with the terms of the applicable law, and that all pre-requisites to the fixing of the lien and claims of personal liability evidenced by such certificates have been performed, which recitals shall be prima facie evidence of the facts so recited and no further proof thereof shall be required. That the said certificates shall also provide the amounts payable thereunder shall be paid to the Director of Finance of the City of Wylie, who shall credit said payments upon the said certificates, and shall immediately deposit the amounts so collected in a special fund, which is hereby designated as STREET RECONSTRUCTION FUND and which payments shall be by the Director of Finance paid to the said City of Wylie or other holder of the said certificates, on presentation thereof to him. And the said certificates shall further provide that the City of Wylie shall exercise all legal power, when requested so to do by the holder of said certificate, to aid in the collection thereof; but the City of Wylie shall in nowise be liable to the holder of said certificates in any manner for payment of the amount evidenced by the said certificates or for any costs or expense in the premises, or for any failure of the said City Council or any of its officers in connection therewith. Full power to make and levy assessments, and to correct mistakes, errors, invalidities or irregularities, either in the assessments or in the certificates issued in evidence thereof, is in accordance with the law in force in this City, vested in the City. SECTION 7. All assessments levied are a personal liability and charged against the real and true owners of the premises described, notwithstanding such owners may not be named, or may be incorrectly named. SECTION 8. The assessments herein levied are made and levied under and by virtue of the terms, powers and provisions of an Act passed at the First Called Session of the Fortieth Legislature of the State of Texas, known as Chapter 106 of the Acts of said Session, with amendments, thereto, now shown as Article 1105B of Vernon' s Texas Civil Statutes, which said law has been adopted as an alternative method for the construction of street improvements in the City of Wylie, Texas . SECTION 9. The assessments so levied are for the improvements in the particular unit or district upon which the property described abuts , and the assessments for the 4 0 2/ improvements in one unit or district are in nowise related to or connected with the improvements in any other unit or district, and in making assessments and in holding said hearing, the amounts assessed for improvements in one unit or district have been in nowise affected by any fact in anywise connected with the improvements or the assessments therefore in any other unit or district . SECTION 10. That the City Manager, or his designee, is hereby authorized to execute releases of any paving assessment liens herein levied and assessed against the parcels of property and owners thereof, if same are fully paid, such releases to be approved as to form by the City Attorney and attested by the City Secretary. SECTION 11. If any article, paragraph or subdivision, clause or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional . SECTION 12. This ordinance shall take effect immediately from and after its adoption as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas this the 13th day of January 1987. APPROVED: Chuck Triable, Mayor, City of Wylie ATTEST: Carolyn Jones, City Secretary APPROVED AS TO FORM: Lawrence Jackson, City Attorney 5 EXHIBIT "A" ***** ************************************************** ************************************ BIRIINC3-M Sr. ERCM KI BY AS CF 23 EEC 86 TO S. BALIARD ****************************************************************************************************** DE CRIPI'ICN FWNr FT. W7I'. DOLLARS YES NJ ? S1;N. DIS3 Nr APPRAISAL VARIANCE *****AAAAAAAk*************************************************************k******************* LAKESIDE VIL. APRIS. 401.40 15.0 3,010.50 3,010.50 13,818.00 10,807.50 LARRY E74JJ ER 86.30 15.0 647.25 647.25 1,300.00 652.75 JCtN P hAL1ER 135.00 15.0 1,012.50 1,012.50 1,100.00 87.50 GARY E ELIWIG 160.00 15.0 1,200.00 1,200.00 1,100.00 -100.00 RIVERSIDE TH ,A 167.85 15.0 1,258.88 1,258.88 700.00 -558.88 RIVERSIDE 'IH ,B 121.67 15.0 912.53 912.53 700.00 -212.53 WILLIS P JOLLY 160.00 15.0 1,200.00 1,200.00 1,100.00 -100.00 RCNA D L MILLER 145.00 15.0 1,087.50 1,087.50 1,100.00 12.50 MEADONS 901.98 15.0 6,764.85 6,764.85 6,764.85 0.00 2CMIY B SXILTL 140.00 15.0 1,050.00 1,050.00 2,000.00 950.00 GRACE MARTIN 170.00 15.0 1,275.00 1,275.00 637.50 900.00 262.50 2,589.20 19,419.00 13,221.75 5,147.25 1,050.00 30,582.85 11,801.35 68.09% 26.51% 5.41% 100.00% LFN IH CF PROJECT 1,294.60 TOTAL, CC)T/PROJBa 70,912.00 100% CITY 51,493.00 73% ADJCJIN.PRCP./SHARE 19.419.00 27% *****************************************************AAA*AA**************ir*****irk********************************* SICNE RCN) E131 BIRMINCHAM AS CF 23 DEC 86 'PO S. BALLARD *****A AAAAAAk*****AAAAAAk*********A AAA AAAAA*********************************************************************** DESCRIPTION ERalr Fr. W7r. CZLIARS YES NJ ? SEN. DIS3Calr APPRAISAL VARIANCE *****AAAAAk**k **************************k**********************************************************-** 'IC111 B SBiJLTL 100.00 15.5 775.00 775.00 1,000.00 225.00 HARRY F TI®AIS 50.00 15.5 387.50 387.50 600.00 212.50 HARRY F MEALS 50.00 15.5 387.50 387.50 600.00 212.50 HARRY F TIIDALS 50.00 15.5 387.50 387.50 600.00 712.50 HARRY F TINTS 50.00 15.5 387.50 387.50 600.00 212.50 JERRATEA ERARial 50.00 15.5 387.50 387.50 193.75 500.00 306.2; JERRATIA ERAANCN 60.00 15.5 465.00 465.00 232.50 600.00 367.50 J . LACD 85.00 15.5 658.75 658.75 1,100.00 441.25 JLICE LALD 75.00 15.5 581.25 581.25 1,100.00 518.75 JESSE LACD 85.00 15.5 658.75 658.75 1,100.00 441.25 A D BYfD 130.00 15.5 1,007.50 1,007.50 1,100.00 92.50 NFEDCWS 790.00 15.5 6,122.50 6,122.50 6,122.50 0.00 • 1,575.00 12,206.25 8,680.00 3,526.25 0.00 15,022.50 3,242.50 • 0 71.11% 28.89% 0.00% 100.00% LENGIH CF PROJECT 787.50 IDIAL 34,348.00 100% CITY SHARE/PROJECT 22,141.75 64% ADJVIN.PRCP./SHARE 12,206.25 36% EXHIBIT "B" ****************************************************************•********** STREET RECONSTRUCTION PROJECT: BIRMINGHAM STREET FROM: KIRBY STREET TO: BALLARD STREET ***************************************************************************. LINEAR FEET OF TOTAL STREET PROJECT 1,600 .0 WIDTH OF PAVEMENT 32 .0 TOTAL SQUARE FT. 51 ,200.0 COST OF CONSTRUCTION : letters,mail & lien filling 512 .00 engineering 2,048 .00 appraissal services/for liens 3 ,840 .00 advertisements/public notices 153.60 preconstruction prep./valves,manholes,pipe 358.40 labor , 4 man crew 4,096.00 equipment 8 ,192 .00 emulsion 25 ,600.00 portland cement 5,120 .00 rock 1,536.00 2 in . asphalt overlay 18 ,944 .00 miscellaneous supplies 512.00 ======== TOTAL CONST. COST 70,912.00 COST SHARE SUMMAIRES: city share of project 63 .9% 45 ,312 .00 property owners share (one side) 18 .1% 12,800 .00 property owners share (other side) 18 .1% 12 ,800 .00 =__========== 100 .0% 70 ,912 .00 overall cost per square foot this project 1.39 overall cost per linear foot 44 .32 overall cost per linear front foot / per side 22 .16 property owner cost per linear front foot / per side 8 .00 citys' share of linear foot cost / per side 14 .16 MATERIAL COST SUMMARY ANALYSIS: emulsion 25,600.00 portland cement 5,120.00 rock 1,536 .00 2 in . asphalt overlay 18 ,944.00 miscellaneous supplies 512 .00 51 ,712 .00 total materials cost paid by adjacent property owners 25,600 .00 materials cost balance absorbed by citys' share 26 , 112 .00 EXHIBIT "C" ************************************************************************* STREET RECONSTRUCTION PROJECT: STONE ROAD FROM: BIRMINGHAM STREET TO: BALLARD STREET ************************************************************************* LINEAR FEET OF TOTAL STREET PROJECT 800 . WIDTH OF PAVEMENT 31 . TOTAL SQUARE FT. 24 ,800 . COST OF CONSTRUCTION : letters,mail & lien filling 248 .0 engineering 992 .0 appraissal services/for liens 1,860 .0 advertisements/public notices 74 .4 preconstruction prep./valves,manholes,pipe 173 .6 labor, 4 man crew 1 ,984 .0 equipment 3 ,968 .0 emulsion 12,400.0 portland cement 2,480.0 rock 744 .0 2 in . asphalt overlay 9,176 .0 miscellaneous supplies 248 .0 ____ TOTAL CONST. COST 34,348.0 COST SHARE SUMMAIRES: city share of project 63 .9% 21,948 .0 property owners share (one side) 18 .1% 6,200.0 property owners share (other side) 18 .1% 6,200.0 100.0% 34 ,348 .0 overall cost per square foot this project 1 .3 overall cost-per linear foot 42 .9 overall cost per linear front foot / per side 21.4 property owner cost per linear front foot / per side 7 .7 citys' share of linear foot cost / per side 13 .7 MATERIAL COST SUMMARY ANALYSIS: emulsion 12 ,400 .0 portland cement 2,480 .0 rock 744 .0 2 in . asphalt overlay 9 ,176 .0 miscellaneous supplies 248 .0 25,048 .0 total materials cost paid by adjacent property owners 12,400 .0 ___ materials cost balance absorbed by citys' share 12 ,648 .0 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, A HOME RULE POLITICAL SUBDIVISION OF THE STATE OF TEXAS, AMENDING ORDINANCE #84- 12, THE FEE ORDINANCE OF THE CITY, SPECIFICALLY AMENDING SECTION 1. WATER AND SEWER, SUB-SECTION B. WATER RATES, PARAGRAPH a. , PARAGRAPH b. , AND PARAGRAPH c. ; AND SUB- SECTION C. SEWAGE COLLECTION AND TREATMENT RATES, PARAGRAPH a. , PARAGRAPH b. , AND PARAGRAPH D. , AND SUB-SECTION G. PAST DUE ACCOUNT PENALTY, PARAGRAPH a. , PARAGRAPH b. , PARAGRAPH c. , PARAGRAPH d. , ADDING SUB-SECTION H. TEMPORARY CONNECTION CHARGE, AND SUB-SECTION I. CONNECTION OF SERVICE; PROVIDING FOR THE PUBLICATION OF THE CAPTION, PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR SEVERABILITY. WE THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, DO HEREBY ORDAIN THE FOLLOWING SECTION, SUB-SECTIONS AND PARAGRAPHS TO READ THUS: SECTION 1 - WATER AND SEWER RATES B. Water Rates a. The following monthly water rates shall apply to customers within the corporate limits of the City of Wylie, Texas. First 2000 gallons $7 .75 (minimum monthly charge) Next 4,000 gallons $2.00 per 1,000 gallons Next 4,000 gallons $1.65 per 1,000 gallons Over 10 ,000 gallons $1.55 per 1,000 gallons b. The monthly water rate charge for customers located outside the corporate limits of the City of Wylie, Texas shall be 2 .0 times the rate charged customers inside the corporate limits of the City of Wylie. c. The minimum monthly water rate for non- residential users shall be $11 .25. C. Sewage Collection and Treatment Rates a. The following monthly sewage collection and treatment rates shall apply to all residential customers of the City of Wylie, Texas with a maximum charge of $20 .00 per month. First 2 ,000 gallons of water $7.75 (minimum monthly charge) Next 4 ,000 gallons of water $1 .75 per 1 ,000 gallons. Next 4 ,000 gallons of water $1 .45 per 1 ,000 gallons. Over 10 ,000 gallons of water $1 .00 per 1 ,000 gallons. b. A $12.00 minimum monthly sewage collection and treatment charge for non-residential shall be in accordance with schedule above, but with no maximum. Any industrial surcharge shall be in addition to the above 1 schedule and in accordance with the details of the Industrial Waste Ordinance. d. Sewer Fee - A sewer fee of $11 .00 shall be charged for each apartment unit, multiple family unit or mobile home space and special areas such as washateria, swimming pools, etc. , where the apartment, multiple family development or mobile home park is on a master meter with the City of Wylie. G. Past Due Account Penalty a. All utility bill payments are due by the 16th day from the date of the bill except when the 16th day falls on Saturday, Sunday or legal holiday under which condition they are due by 5:00 p.m. local time on the next working day. b. Utility customers with accounts unpaid as of the close of business on the 16th day from the date of the bill will be notified that the water service will be terminated ten (10) days from the date of the notification of non-payment. In the event that the tenth (10th) day falls on a Saturday, Sunday or legal holiday, the water service shall be terminated the following working day. In such event, the unpaid amount will be charged against the customers deposit at time of discontinuance of service. c. If it is necessary to terminate water and sewer service for non-payment of account, a charge of $30 .00 plus any unpaid amount shall be paid prior to the restoration of the service between the hours of 8:00 a.m. and 5:00 p.m. , local time. After regular service hours, weekends and holidays, the charge shall be $45.00. d. If water and sewer service are terminated by customer request, the charge for restoring the service shall be $10.00 which will be added to the next months bill. H. Temporary Connection Charge - A fee of fifteen dollars ($15 .00) shall be paid in advance for temporary water service to a utility customer for such activities such as cleaning , plumbing checks, remodeling and so forth. This service will be for three (3) working days, excluding the date the fee is paid. I . Connection of Service - connection of utility service shall be made by the end of the next working day service basis if so requested by the customer. Applications for services and deposits received by 10:00 a.m. will be endeavored to have service before the end of that work day. Applications and deposits received after 10:00 a.m. shall be connected before the end of the next working day if so requested by the customer. PUBLICATION: The caption of this Ordinance shall be published one time in the official newspaper of the City of Wylie. 2 SEVERABILITY: It is hereby declared to be the intention of the City Council that should the sections, paragraphs, sentences, clauses and phrases of this Ordinance be declared unconstitutional or invalid by the valid judgement or decree of any court of competent jurisdiciton, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of unconstitutional or invalid phrases, clauses, sentences, paragraphs, or sections. EFFECTIVE DATE: This Ordinance shall become effective on the 1st day of February 1987 . PASSED AND APPROVED ON THIS THE 13TH DAY OF JANUARY 1987 BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS. Chuck Trimble, Mayor City of Wylie ATTEST: Carolyn Jones, City Secretary 3i° ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, A HOME RULE POLITICAL SUBDIVISION OF THE STATE OF TEXAS, AMENDING ORDINANCE #84- 12, THE FEE ORDINANCE OF THE CITY, SPECIFICALLY AMENDING SECTION 1. WATER AND SEWER, SUB-SECTION B. WATER RATES, PARAGRAPH a. , PARAGRAPH b. , AND REPEALING PARAGRAPH c. ; AND SUB-SECTION C. SEWAGE COLLECTION AND TREATMENT RATES, PARAGRAPH a. , PARAGRAPH b. AND PARAGRAPH d. AND SUB-SECTION G. PAST DUE ACCOUNT PENALTY, PARAGRAPH a. , PARAGRAPH b. , PARAGRAPH c. , PARAGRAPH d. , ADDING SUB-SECTION H. TEMPORARY CONNECTION CHARGE; AND SUB-SECTION I . CONNECTION OF SERVICE. WE THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS DO HEREBY ORDAIN THE FOLLOWING SECTION, SUB-SECTIONS AND PARAGRAPHS TO READ THUS: SECTION 1. - WATER AND SEWER RATES B. Water Rates a. The following monthly water rates shall apply to all customers within the corporate limits of the City of Wylie, Texas. Water Availability Charge $5 .50 per mo. Volume Charge for all Consumption. . . .$1 .55 per 1,000 galons. b. The monthly water rate charge for customers located outside the corporate limits of the City of Wylie, Texas shall be 2.0 times the rate charged customers inside the corporate limits of the City of Wylie. C. Sewage Collection and Treatment Rates a. The following monthly sewage collection and treatment rates shall apply to all residential customers of the City of Wylie, Texas with a maximum charge of $20 .00 per month. Wastewater (sewer) Availability Charge.$6 .00 per month. Volume charge based upon all water consumption $1.00 per 1 ,000 gallons of water consumption. b. A $12.00 minimum monthly sewage collection and treatment charge for non-residential shall be in accordance with schedule above, but with no maximum. Any industrial surcharge shall be in addition to the above schedule and in accordance with the details of the Industrial Waste Ordinance. d. Sewer Fee - A sewer fee of $11.00 shall be charged for each apartment unit, multiple family unit or mobile home space and special areas such as washateria, swimming pools, etc. , where the apartment, multiple family development or mobile home park is on a master meter with the City of Wylie. G. Past Due Account Penalty a. All utility bill payments are due by the 16th day from the date of the bill except when the 1 16th day falls on Saturday, Sunday or legal holiday under which condition they are due not later than 5:00 p.m. local time on the next working day. b. Utility customers with accounts unpaid as of the close of business on the 16th day from the date of the bill will be notified that the water service will be terminated 10 days from the date of the notification of non- payment. In the event that the 10th day falls on a Saturday, Sunday or legal holiday, the water service shall be terminated the following working day. In such event, the unpaid amount will be charged against the customers deposit at time of discontinuance of service. c. If it is necessary to terminate water and sewer service for non-payment of account, a charge of $30.00 plus any unpaid amount shall be paid prior to the restoration of the service between the hours of 8 :00 a.m. and 5:00 p.m. , local time. After regular service hours, weekends and holidays, the charge shall be $45.00 . d. If water and sewer service are terminated by customer request, the charge for restoring the service shall be $10 .00 which will be added to the next months bill. H. Temporary Connection Charge - A fee of fifteen dollars ($15.00) shall be paid in advance for temporary water service to a utility customer for activities such as cleaning , plumbing checks, remodeling and so forth. This service will be for three (3) working days, excluding the date the fee is paid. I . Connection of Service - Connection of utility service shall be made by the end of the next working day service basis if so requested by customer. Applications for services and deposits received by 10:00 a.m. by the Finance Dept . will be endeavored to have service before the end of that working day. Applications and deposits received after 10:00 a.m. shall be connected before the end of the next working day if so requested by customer . PUBLICATION: The caption of this Ordinance shall be published one time in the official newspaper of the City of Wylie. SEVERABILITY: It is hereby declared to be the intention of the City Council that should the sections, paragraphs, sentences, clauses and phrases of the Ordinance be declared unconstitutional or invalid by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of unconstitutional or invalid phrases , clauses, sentences, paragraphs, or sections. 2 .2✓ EFFECTIVE DATE: This Ordinance shall become effective on the 1st day of February 1987 . PASSED AND APPROVED ON THIS THE 13TH DAY OF JANUARY 1987 BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS Chuck Trimble, Mayor, City of Wylie ATTEST: Carolyn Jones, City Secretary 3 ORDINANCE NO. BEING AN AMENDMENT TO ORDINANCE #84-12 PROVIDING A SEVERANCE CLAUSE, PROVIDING A PENALTY CLAUSE, PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS: That Section 2 of Ordinance #84-12 is hereby amended so that the amended Ordiance reads as follows; SECTION 2. Construction Permits and Fees D. Mechanical Permits and Fees - The following charges are made for mechanical projects in conjunction with residential, commercial or industrial projects prior to the start of construction. a. Each mechanical certificate fee shall be $10. 00 for each project. b. The mechanical inspection fee shall be as follows: MECHANICAL VALUE INSPECTION FEE Up to $1, 000 in value $30. 00 Over a $1, 000 in value but $30. 00 plus $20. 00 for less than $10, 000 in value each $1, 000 in value or fraction thereof not not to exceed $100 Over $10, 000 in value but less 1% of total evaluation $100, 000 in value In excess of $100, 00 in value . 5% of total evaluation SECTION 3. SEVERABILITY It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgement or decree of a court of competent jursidiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph, or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION 4. PENALTY Any person, firm, corporation or other entity who is found guilty of violating the terms of this ordinance shall be deemed guilty of a misdemeanor and upon conviction of any such violation, shall be subject to a fine not exceed the amount permitted by State Law. SECTION 5. PUBLICATIONS The caption of this ordiance shall be published one time in a newspaper of general distribution in the City of Wylie. SECTION 6. EFFECTIVE DATE This ordiance shall become effective upon its publication in a newspaper of general circulation. PASSED AND APPROVED BY THE CITY COUNCIL OF WYLIE, TEXAS THIS THE DAY OF 1986. Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary r ORDINANCE NO. BEING AN ORDINANCE PROHIBITING THE DELIVERY OR USE OF VOLATILE SUBSTANCE AS INTOXICANTS, PROVIDING FOR A PENALTY CLAUSE, PROVIDING A SEVERANCE CLAUSE, PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS: The City of Wylie presently has no ordinance prohibiting the delivery or abuse of volatile inhalants, and WHEREAS: The City Council of the City of Wylie deems it necessary to have such controls to protect the health, safety and welfare of it' s citizens therefore: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, THAT: This ordinance shall be known as the " Intoxication by Volatile Substances Ordinance of the City of Wylie". SECTION 1. INTOXICATION-VOLATILE SUBSTANCES (A. ) Definitions. In this Ordinance; Deliver means the actual or constructive transfer from one person to another. This term also includes an offer to sell. Intoxication means the loss of the normal use of a person' s mental or physical faculties. Volatile substance means any substance, including any vapor emitted therefrom, which contains: ACETONE AMYLACETATE BENZOL OR BENZENE BUTYL ACETATE BUTYL ALCOHOL CARBON TETRACHLORIDE CYCLOHEXANONE ETHANOL OR EYTHL ALCOHOL ETHYL ACETATE HEXANE ISOPROPANOL OR ISOPROPYL ALCOHOL ISOPROPYL ACETATE METHYL "CELLOSOLVE" ACETATE METHYL ETHYL KETONE METHYL ISOBUTYL KETONE TOLUOL OR TOLUENE TRICHLOROETHYLENE TRICRESYL PHOSPHATE XYLOL OR XYLENE Any and all other chemicals or combinations of chemicals which the inhalation thereof will cause intoxication. SECTION 2. OFFENSE FOR USE OR DELIVERY OF VOLATILE SUBSTANCES. A person commits an offense if he: (a) Inhales or otherwise induces into his respiratory or circulatory system a volatile substance with the intent of producing intoxication; or (b) Delivers a volatile substance to: ( 1 ) A person whom deliverer believes or has reason to believe will use the substance in violation of Sec. 2 (a) or (2) A person under eighteen ( 18) years of age, who is not accompanied by a parent or guardian consenting to the delivery of the volatile substances. SECTION 3. PENALTY. An offense under the terms of this ordinance is a class "C" misdemeanor and punishable by a fine not to exceed the maximum permitted by state law. SECTION 4. SEVERABILITY . It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgement or decree of a court of competent jursidiction, such unconstitutionality or invalidity shall have no affect any other remaining phrase, clause, sentence, paragraph, or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION 5. PUBLICATION. The caption, of this ordinance shall be published one time in a newspaper of gerneral distribution in the City of Wylie. SECTION 6. EFFECTIVE DATE. This ordinance shall become effective upon it' s publication in a newspaper of general circulat ion. PASSED AND APPROVED BY THE CITY COUNCIL OF WYLIE, TEXAS THIS THE DAY OF , 1987. Chuck Trimble, Mayor ATTEST: Carolyn Janes, City Secretary ORDINANCE NO. BEING AN ORDINANCE CONTROLLING THE DISCHARGE OF FIRE ARMS AND OTHER WEAPONS WITH IN THE CITY LIMITS OF THE CITY OF WYLIE, CONTAINING A PENALTY CLAUSE, CONTAINING A SEVERANCE CLAUSE, CONTAINING A PROVISION FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE: WHEREAS: The City of Wylie presently has no ordinance controlling the discharge of fire arms and other weapons within the City of Wylie and ; WHEREAS: The City Council has declared that such an ordinance is required to protect the Health, Safety, and Welfare of its citizens; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS THAT: SECTION 1. UNLAWFUL DISCHARGE OF FIREARMS AND WEAPONS From and after the effective date of this ordinance it shall be unlawful to discharge or cause to be discharged within the city limits of the City of Wylie, Texas the following weapons: A. Any firearm, rifle, shotgun, automatic rifle, revolver, pistol, or any other weapon desgined for the purpose of firing or discharging a shell or cartridge, whether such shell or cartridge is blank or live ammunition, or B. Any B-B gun, pellet gun, air rifle, bow and arrow, or other device, manufactured, altered or intended to cause any material, item or thing to become a projectile. SECTION 2. EXCEPTIONS The provisions of this ordinance shall not apply in, the following situations: A. Police Officers while in the performance of their official duties, B. Where a special permit application describing in detail the request of the applicant, has been filed with the City Secretary, reviewed by the Chief of Police and approved by the City Council. C. Where blank cartridges are used to indicate the beginning of a sporting event under the auspicies of the schools or when such sporting event is in conjunction with other activities approved by the City Council. SECTION 3. PENALTY Any person, firm, corporation or other entity who is found guilty of violating the terms of this ordinance shall be deemed guilty of a misdemeanor and upon conviction of any such violation, shall be subject to a fine not to exceed the amount permitted by State Law. SECTION 4. SEVERABILITY It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any .judgement or decree of a court of competent jursidiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION 5. PUBLICATIONS The caption of this ordinance shall be published one time in a newspaper of general distribution in the City of Wylie. SECTION 6. EFFECTIVE DATE This ordinance shall become effective upon its publication in a newspaper of general circulation. PASSED AND APPROVED BY THE CITY COUNCIL OF WYLIE, TEXAS THIS THE DAY OF 1986. Joe Fuigham, Mayor Pro-Tem ATTEST: Carolyn Jones, City Secretary ORDINANCE NO. AND ORDINANCE OF THE CITY OF WYLIE, A HOME RULE POLITICAL SUBDIVISION OF THE STATE OF TEXAS, AMENDING THE CITY'S ZONING ORDINANCE, ORDINANCE NO. 81-5, SPECIFICALLY SECTION 16 "R" RETAIL DISTRICT, SUB-SECTION 16.1 USE REGULATIONS; SECTION 17 "B1" BUSINESS DISTRICT, SUB-SECTION 17.1 USE REGULATIONS; SECTION 18 "B2" BUSINESS DISTRICT, SUB-SECTION 18.1 USE REGULATIONS; AND SECTION 19 "I" INDUSTRIAL DISTRICT, SUB-SECTION 19.1 USE REGULATIONS; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie has deemed it necessary and appropriate to amend the following sections and sub-sections of Ordinance No. 81-5 to read as follows : SECTION 16: "R" RETAIL DISTRICT 16 .1 Use Regulations: A building or premise shall be used only for the following purposes: 1 . Banks or Savings & Loan w/wo Drive Thrus 2. Clinic, Medical or Dental 3. Laboratory, Medical or Dental 4. Office, General 5. Optical Shop 6. Studio, Art, Music, Drama, Speech 7 . Letter, Photocopy & Printing Shop 8 . Garden Shop and Plant Sales, Inside 9 . Veterinarian Office, No hospital 10 . Florist Shop 11 . Antique Shop, enclosed 12. Bakery or Confection Shop, Retail 13 . Barber or Beauty Shop 14 . Book, Camera or Card Shop 15 . Clothing and Apparel Store 16. Cleaning & Laundry Pick-up Station 17 . Discount, Variety or Department Store 18 . Drug Store 19 . Drapery, Needlework or Weaving Shop 20 . Supermarket 21 . Furniture and Appliance 22 . Handicraft or Hobby Shop 23 . Key Shop 24 . Laundry or Dry Cleaning, Self-service 1 25. Health Studio 26. Paint, Wallpaper and Hardware 27 . Personal Service Shop 28 . Photography Studio 29 . Shoe Repair 30. Restaurant w/wo Drive Thru Service 31. Tool Rental (Inside only) 32 . Auto Parts and Accessories, New 33 . Medical Appliances, Fitting & Sales 34. Bus Pick-up Point 35. Motion Picture Theatre, Indoor 36 . Hotel or Motel 37. Public Buildings Including Fire Stations & Library 38. Private or Business Radio Tower 39 . Water Reservoirs, Pumping Plants and Wells 40 . Telephone or Utility Business Office 41 . Telephone Exchange, Switching & Transmitting Equip. 42. Sewage Pumping or Lift Station 43 . Church, Synogogue or Rectory 44. School, Private or Public 45 . Day Nursery, or Child Care Center 46. Hospital 47 . Lodge or Fraternal Organization 48 . Nursing Home or Residence Home for Aged 49. Electrical Transmission Lines & Substation 50 . Health/Fitness Centers 51. Public Swimming Pools, Indoor/Outdoor 52 . Radio, TV, Appliance Shop 53 . Other general retail sales of similar nature and character provided that the business establishment is subject to the following conditions: a. That it be conducted wholly within an enclosed building. b. That required yards not be used for display, sale or storage of merchandise, or for the storage of vehicles, equipment, containers or waste material . 2 c. That all merchandise be sold at retail on the premises. d. That such use not be objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisance. The following specific uses when granted in accordance with Section 22. 1. Heliport 2. Broadcasting Facility, Radios, TV or Microwave Tower 3. Cemetery or Mausoleum 4 . School , Commercial, Trade or Craft 5. Golf Course, Public or Private 6. Private Club, Serving Alcoholic Beverages 7 . Rodeo or Other Sports Arena 8 . Commercial Amusements, Indoor or Outdoor SECTION 17: "Bi" BUSINESS DISTRICT 17 .1 Use Regulations: A building or premise shall be used only for the following purposes. 1. Uses permitted in the "R" Retail District 2 . Gasoline Service Station or Car Care Center 3 . Mortuary or Funeral Home 4. Feed Store 5. Restaurant with Drive-In Service 6 . Secondhand, Furniture, Clothing Store 7 . Quick Service Food or Beverage Shop 8 . Car Wash 9 . Auto Glass, Muffler & Seat Cover 10. Automobile or Motorcycle Sales (Indoor) 11 . Building Materials Sales 12. Lawn Equipment Repair 13. Radio, TV or Microwave Tower 14 . LTD Warehousing & Distribution 15. Pest Control Business The following specific uses when granted in accordance with Section 22. 1 . Heliport 2 . Cemetery 3 . Commercial Amusements, Indoor or Outdoor `3 4 . Golf Course, Public or Private 5. Private Club, Serving Alcoholic Beverages 6 . Open Storage, Fenced 7 . Rodeo or Other Sports Arena SECTION 18: "B2" BUSINESS DISTRICT REGULATIONS 18 .1 Use Regulations: A building or premise shall be used only for the following purposes: 1 . Uses permitted in the B1 Business District and R Retail District. 2. Public or Private Utility Shop & Maint. 3. Public & Private Amusements (see exceptions) 4 . Animal Clinic or Hospital w/outside runs 5. Plant Nursery or Greenhouse 6 . Kennels with Outside Run 7 . Tool & Trailer Rental , Outside Storage 8 . Auto or Motorcycle Sales, New or Used 9. Automobile Repair Garage 10 . Auto Painting or Body Shop 11 . Auto Storage or Sales Lot 12 . Mobile Home Sales 13. Truck Parking Lot or Garage 14 . Swimming Pool , Commercial Outside 15. Bus Terminal 16 . Dry Cleaning Plant or Laundry 17 . Engine or Motor Repair 18 . Machinery Sales 19 . Machine or Welding Repair Shop 20 . Vehicle Rental Business 21 . Lumber Yard 22 . Maint. or Contractor Yard 23. Tennis Courts, Commercial 24 . Plumbing, Heating & Air Cond. Shops 25 . Mini or Convenience Warehouse 26 . Bowling Alleys The following specific uses when granted in accordance with Section 22 : 1. Airport, Heliport or Landing Field 2 . Cemetery or Mausoleum 4 3. Commercial Amusements, Indoor or Outdoor 4. Golf Course, Private or Public 5. Private Club, Serving Alcoholic Beverages • 6 . Rodeo or Other Sports Arena 7. Theatre, Drive-In 8 . Animal Pound, Public or Private SECTION 19: "I" INDUSTRIAL DISTRICT 1 . Any use permitted in the B2 Business District, B-i Business District and R Retail District except child care facilities, hospitals, nursing home, schools (other than trade) . 2. Stables, Private or Commercial 3 . Swimming Pool , Commercial or Private, Outside 4. Animal Pound, Public or Private 5 . Warehouse & Enclosed Storage 6. Light Fabrication & Assembly Processing facilities for the manufacturing, fabrication, processing, or assembly of products; provided that such facilities are completely enclosed and provided that no effects from noise, smoke, glare, vibration, fumes or other environmental factors are measurable at the property line. 7 . Manufacturing Processes - all other facilities for the manufacturing, fabrication processing or assembly of products; provided that such facilities are not detrimental to the public health, safety or general welfare and provided that the following performance standards and city ordinances are met: a. Smoke: No operation shall be conducted unless it conforms to the standards established by State health rules and regulations pertaining to smoke emission; b. Particulate Matter: No operation shall be conducted unless it conforms to the standards established by State health rules and regulations pertaining to emission of particulate matter; c. Dust Odor, Gas, Fumes, Glare, or Vibration: No emission of these matters shall result in a concentration at or beyond the property line which is detrimental to the public health, safety or general welfare or which causes injury or damage to property; or as said emissions conform to the standards established by State health rules and regulations pertaining to said emissions. d. Radiation Hazards and Electrical Disturbances: No operation shall be -/5 conducted unless it conforms to the standards established by State health rules and regulations pertaining to radiation control . e. Noise: No operation shall be conducted in a manner so that any noise produced is objectionable due to intermittence, beat frequency or shrillness. Sound levels of noise at the property line shall not exceed 75 DB (A) permitted for a maximum of fifteen (15) minutes in any one (1) hour; or as said operation conforms to the standards established by State health rules and regulations or other city ordinances pertaining to noise; and f. Water Pollution: No water pollution shall be be emitted by the manufacturing or processing. In a case in which potential hazards exist, it shall be necessary to install safeguards acceptable to the appropriate State health and environmental protection agencies. 8 . Cabinet Shop 9. Newspaper or Commercial Print 10 . Bakery & Confectionay Wholesale 11. Bottling Plant 12. Motor Freight Terminal The following specific uses when granted in accordance with Section 22 : 1. Airport, Heliport or Land Field 2 . Cemetery or Mausoleum 3 . Commercial Amusements, Indoor or Outdoor 4. Golf Course, Private or Public 5. Private Club, Serving Alcoholic Beverages 6 . Junk or Salvage Yards 7 . Other manufacturing and industrial uses which are within the following categories: a. Uses which do not meet the general definition for manufacturing processes may be permitted by the City Council after public hearing and review of the operational characteristics and other pertinent data affecting the community' s general welfare. Approval of uses under this definition shall be made in accordance with Section 22 . PUBLICATION: The caption of this ordinance shall be published one time in the Wylie News, the official newspaper of the City of Wylie. 6 SEVERABILITY: It is hereby declared to be the intention of the City Council that should the sections, paragraphs, sentences, clauses, and phrases of this Ordinance be declared unconstitutional or invalid by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of unconstitutional or invalid phrases, clauses, sentences, paragraphs, or sections. EFFECTIVE DATE: This ordinance shall become effective immediately upon approval and passage by the City Council of the City of Wylie and upon publication of the caption in the Wylie News, the official newspaper of the City of Wylie. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE ON THIS THE 13TH DAY OF JANUARY 1987. Chuck Trimble, Mayor, City of Wylie ATTEST: Carolyn Jones, City Secretary 7 ORDINANCE NO. _________________ BEING AN ORDIANNCE CONTAINS REGULATIONS FOR PREMISES SERVING ALCOHOLIC BEVERAGES, PROVIDING FOR PROCESSING FEES, PROVIDING ENFORCEMENT PROVISIONS, CONTAINING A SEVERANCE CLAUSE, PROVIDING A PENALTY CLAUSE, PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS: The City of Wylie, Texas presently has no criteria to control the density or locations of private clubs serving alcoholic beverages and : WHEREAS: The City Council of the City of Wylie, Texas has determined that such controls are necessary to protect the health, safety and welfare of it' s citizens therefore: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS: REGULATIONS FOR PREMISES SERVING ALCOHOLIC BEVERAGES; In order to protect the general health, well being and welfare of the citizens of Wylie, Texas, the City Council of the City of Wylie declares it to be the policy of the City that private clubs for the consumption of alcoholic beverages shall not be permitted within the City of Wylie without such establishment having first secured a special use permit approved by the City Council under the terms and regulations of this Ordinance. Consideration of an application for such special use permits by the City Council shall follow a recommendation by the Planning and Zoning Commission and payment of a two hundred fifty ($250. 00) application fee. 2. 1 Service and consumption of alcoholic beverages in a Planned Development (PD) may be allowed subject to inclusion in and approval of the PD regulations by the City Council. Such PD regulations shall control to the exclusion of this Ordinance other than compliance with the provisions of the Texas Liquor Control Act. 2. 2 Establishments seeking to qualify under this Ordinance, except those in a PD, must be located in a area zoned "Retail, B-1, B-2 or Industrial " as those terms are defined in the comprehensive zoning ordinance of this City, and such premises shall not be located within one thousand ( 10001 ) of the property line of any church, public or parochial school, hospital, extended care facility, or public park nor shall such premises be permitted within three hundred (3005 ) of any area zoned "SF-1, SF-2, SF-3, SFA, 2F, MH or MF". The distances shall be measured from the front door of the premises to the nearest property line of a church, shcool, hospital, extended care facility, or public park, or residential zoned area. 2. 3 Any restaurant in operation at the date of passage of this Ordinance located in or " I " zone which otherwise qualifies under all other operational requirements of this Ordinance may receive a special use permit if application is made within three months of the date of passage of this Ordinance. ^!� �� ,/ 2. 4 Establishments for the sale or consumption of alcoholic beverages shall be located within an area containing 10 acres or more in size and zoned "R", "B-1 ", "B-2" or " I " and/or any contiguous combination of these zoning districts. Said area need not be under single ownership and areas separated by a minor or secondary street are to be considered contiguous for determination of the acreage requirement. Where areas are separated by a thoroughfare, existing or proposed, they shall be considered separate areas for determining acreage requirements as set forth in this Ordinance. 2. 5 Exemptions: Nationally recognized social or fraternal organizations, as defined by the Texas Alcoholic Beverage Commission, are exempt from the acreage and food sales provisions of this section. 31___O����tig��l_R����l�ti[��� 3. 1 Not less that sixty percent (60%) of the gross receipts of such establishment shall be derived from the sale of food consumed on the premises. Food service shall be available at any time alcoholic beverages are being served. The service of alcoholic beverages without food is prohibited in dining areas and is restricted to a bar or lounge area as described in this Ordinance. The holder of such permit shall provide sales tax reports and alcoholic beverage sales reports as described in Section 4. 3. 2 Such establishments shall contain a minimum of one hundred twenty ( 120) dining seats, allowing a minimum of twelve ( 12) square feet of dining area per dining chair; calculation of the square feet of dining area to exclude kitchen and storage areas, bar and lounge areas, and cashier--- and reception areas. 3. 3 Such establishment shall comply with all of the provisions of the Texas Liquor Control Act and receive a private club permit from the State of Texas within six (6) months from the date of issuance of the special use permit by the City, each such limitation in time being subject to extension by the City Council. 3. 4 The City Council may revoke a special use permit upon the finding that any of the operational requirements imposed at the time of granting the permit are not met or thereafter cease to exist. Said special use permit shall be subject to review based on recommendation from the Police Department that the public safety has been or is being jeopardized. The City Manager or his designated representative and Chief of Police are specifically authorized to receive, accept , and investigate complaints from any source. 3. 5 A private club with a bar or lounge area shall be designed so that patrons can enter only from an area within the primary use, e. g. the dining or reception area of a restaurant, hotel or motel. Emergency exits direct to the outside are permitted. 3. 6 No signs advertising the sale of alcoholic beverages shall be permitted other than those authorized under the Liquor Control Act of the State of Texas and the city sign ordinance, 3. 7 Extended hours permits as defined in the Texas Alcoholic Beverage Code shall only be granted by separate action of the City Council after review and recommendation of the Planning and Zoning Commission. 4:___A�dit_R�Q�i�����t� 4. 1 The permittee of each Private Club in the city which has been in operation for at least six (6) months prior to a December 31st calendar year shall supply monthly reports of liquor sales as required by Texas Alcoholic Beverage Commission and sales tax reports as required the Comptroller Office. The reports shall be delivered to the City Manager or his duly authorized representative. 4. 2 It shall be unlawful for the operator of a private club to fail to furnish monthly reports as described in Section 4. 1. 51...PMbliP_HMMAng In the event of apparent non-compliance as determined by the City Manager or his designated representative, a public hearing may be scheduled for a future City Council meeting, for the purpose of determining such compliance or non- compliance of the permittee for the audit year with the requirements of this Ordinance for the operation of a Private Club. The permittee shall be given at least ten ( 10) days written notice of the date, time, and place of the public hearing. A Special Use Permit shall remain in full force and effect pending such public hearing. 6. 1 At such public hearing, the permittee may appear in person, or by attorney or representative, and shall further have the right to cross-examine witnesses, and to offer such evidence and testimony as he desires with regard to compliance or non-compliance as described above. Upon hearing all evidence with regard to the matter, the City Council shall enter an order finding compliance or non- compliance on the part of the permittee. If the order finds compliance, the matter shall be concluded for that audit year. 6. 2 If the order finds non-compliance for the audit year, the City Council shall further provide for one of the following actions: A. ) Immediate suspension of the permittee' s operation of the Private Club on the premises; and immediate implementation of procedures to revoke and delete the Special Use Permit for a Private Club designation from the zoning of the permittee' s property; or B. ) Establishment of a six-month period of probation during which the permittee may continue operations under its Special Use Pemit for a Private Club. The purpose of this probationary period is to allow the permittee to come into compliance with the requirements which were found to be non- compliant as a result of the public hearing. 6. 3 At the end of the probationary period, if same is ordered. an additional audit shall be performed at permittee' s expense. The auditor shall be selected and engaged by the City Council. The purpose of the audit shall be to determine compliance or non-compliance of the permittee during the entire probationary perid with all requirements of this Ordinance. �� 6. 4 Upon completion of such audit, the original copy shall be furnished to the City Council, with a copy to the permittee. Upon receipt by the City of Wylie of an audit of a permittee' s probationary period, the matter shall be scheduled for consideration at City Council meeting. Written notice shall be given to the permittee. Me, permittee, his representative or attorney, shall have the right to appear at such meeting and to present any testimony or evidence regarding compliance or non-compliance with the Ordinance, or even the results of the audit, as may be desired. Upon hearing of all evidence and testimony, the City Council shall enter an order finding compliance or non compliance with requirements of this Ordinance. If the order finds compliance, the probationary perid shall be ended, and permittee' s operations under the Special Use Permit may be continued. If the order finds non-compliance, the permittee shall immediately cease the operation of the Private Club on the premises. Procedures shall immediately be implemented on behalf of the City of Wylie to revoke and delete the Special Use Permit for a Private Club designation from the zoning for the permittee' s property. 6. 5 All specific use permits granted under the provisions of this section shall expire December 31st of the year issued and may be renewed annually by payment of a two hundred ($200. 00) dollar renewal fee provided that all sections of this ordinance have been complied with. 6. 6 All specific use permits approved in accordance with the provisions of this Section shall only be issued to the applicant whose name appears on the application and shall be valid only as long as the said applicant owns the private club. Upon notification that an existing private club has ceased or will cease operations, a public hearing may be initiated by the City Council to consider rescinding the specific use permit which had been approved for that private club. Any cessation of the use granted by the specific use permit for a period longer than 180 days shall require the owner to reapply for said permit. 6. 7 A Special Use Permit for the operation of a Private Club shall not be issued for a period of one year for an establishment which has had Special Use Permit revoked pursant to Section 3 or Section 4 of this Ordinance. All private clubs within the City of Wylie shall comply with terms of this ordinance within three (3) months of it' s passage. Any existing private club which is annexed by the City shall be required to comply with the terms of this ordinance within three (3) months of the time of annexation. It is intended by the City Council that this Ordinance, and every provision thereof, shall be considered severable and the invalidity of any section, clause or provision of this Ordinance shall not affect the validity of any other portion of this Ordinance. �� It shall be unlawful for any person, firm or corporation to operate a Private Club for the sale or dispensing of alcoholic beverages without first having secured a Special Use Permit from the City Council of the City of Wylie. Operation of a Private Club without first securing a Special Use Permit shall be deemed a misdemeanor and any person, firm or corporation convicted thereof shall be fined any sum not exceeding the maximum amount permitted by state law and each and every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. 10...WliP0ti9n_W_EffMAM_DW The Caption of this Ordinance shall be published one time in a newspaper having general circulation in the City of Wylie, Texas, and shall be effective immediately after its passage and publication. PASSED AND APPROVED BY THE CITY COUNCIL OF WYLIE, TEXAS THIS THE DAY OF , 1987. ------------------------------ Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary 150 ORDINANCE NO. BEING AN ORDIANNCE CONTAING REGULATIONS FOR PREMISES SERVING ALCOHOLIC BEVERAGES, PROVIDING FOR PROCESSING FEES, PROVIDING ENFORCEMENT PROVISIONS, CONTAINING A SEVERANCE CLAUSE, PROVIDING A PENALTY CLAUSE, PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS: The City of Wylie, Texas presently has no criteria to control the density or locations of private clubs serving alcoholic beverages and: WHEREAS: The City Council of the City of Wylie, Texas has determined that such controls are necessary to protect the health, safety and welfare of it' s citizens therefore: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS: REGULATIONS FOR PREMISES SERVING ALCOHOLIC BEVERAGES; 1 : General Policy Provisions In order to protect the general health, well being and welfare of the citizens of Wylie, Texas, the City Council of the City of Wylie declares it to be the policy of the City that private clubs for the consumption of alcoholic beverages shall not be permitted within the City of Wylie without such establishment having first secured a special use permit approved by the City Council under the terms and regulations of this Ordinance. Consideration of an application for such special use permits by the City Council shall follow a recommendation by the Planning and Zoning Commission and payment of a two hundred fifty ($250. 00) application fee. 2: Location of Such Establishments 2. 1 Service and consumption of alcoholic beverages in a Planned Development (PD) may be allowed subject to inclusion in and approval of the PD regulations by the City Council. Such PD regulations shall control to the exclusion of this Ordinance other than compliance with the provisions of the Texas Liquor Control Act. 2. 2 Establishments seeking to qualify under this Ordinance, except those in a PD, must be located in a area zoned "Retail, B-1, B-2 or Industrial " as those terms are defined in the comprehensive zoning ordinance of this City, and such premises shall not be located within one thousand (1000' ) of the property line of any church, public or parochial school, hospital, extended care facility, or public park nor shall such premises be permitted within three hundred (300' ) of any area zoned "SF-1, SF-2, SF-3, SFA, 2F, MH or MF". The distances shall be measured from the front door of the premises to the nearest property line of a church, shcool, hospital, extended care facility, or public park, or residential zoned area. 2. 3 Any restaurant in operation at the date of passage of this Ordinance located in "R", "B-1 ", "8-2" or "I " zone which otherwise qualifies under all other operational requirements of this Ordinance may receive a special use permit if application is made within ewe-year. of the date of passage of this Ordinance. 3 Meting L✓o� _ 2. 4 Establishments for the sale or consumption of alcoholic beverages shall be located within an area containing 10 acres or more in size and zoned "R", "B-1 ", "B-2" or " I" and/or any contiguous combination of these zoning districts. Said area need not be under single ownership and areas separated by a minor or secondary street are to be considered contiguous for determination of the acreage requirement. Where areas are separated by a thoroughfare, existing or proposed, they shall be considered separate areas for determining acreage requirements as set forth in this Ordinance. lc(GG,✓r�i' 0IMil' 46 2. 5 Exemptions: and national l 8Y l 1 G recognized social or fraternal organizations are exempt from the acreage and food sales provisions of this section. 3: Operational Regulations 60 fb 3. 1 Not less that seventy percent .2e•tr of the gross receipts of such establishment shall be derived from the sale of food consumed on the premises. Food service shall be available at any time alcoholic beverages are being served. The service of alcoholic beverages without food is prohibited in dining areas and is restricted to a bar or ounge area as described in this Ordinance. The holder of) c/ �" such permit shall provide audits at its expense as more(:: ully set forth in this Ordinance: 2-.0 3. 2 Such establish ents shall contain a minimum of one hundred fifty dining seats, allowing a minimum of twelve (12) square feet of dining area per dining chair; calculation of the square feet of dining area to exclude kitchen and storage areas, bar and lounge areas, and cashier and reception areas. 3. 3 Such establishment shall comply with all of the provisions of the Texas Liquor Control Act and receive a private club permit from the State of Texas within six (6) months from the date of issuance of the special use permit by the City, each such limitation in time being subject to extension by the City Council. 3. 4 The City Council may revoke a special use permit upon the finding that any of the operational requirements imposed at the time of granting the permit are not met or thereafter cease to exist. Said special use permit shall be subject to review based on recommendation from the Police Department that the public safety has been or is being jeopardized. The City Manager or his designated representative and Chief of Police are specifically authorized to receive, accept, and investigate complaints from any source. 3. 5 A private club with a bar or lounge area shall be designed so that patrons can enter only from an area within the primary use, e. g. the dining or reception area of a restaurant, hotel or motel. Emergency exits direct to the outside are permitted. Ire 3. 6 Gaming devices, such as billard (pool) tables, pinball 01y 1 1 D ' machines and other coin operated electrical machines shall not be allowed on such premises. 3. 7 No signs advertising the sale of alcoholic beverages shall be permitted other than those authorized under the Liquor Control Act of the State of Texas and the city sign ordinance. 3. 8 Extended hours permits as defined in the Texas Alcoholic Beverage Code shall only be granted by separate action of the City Council after review and recommendation of the Planning and Zoning Commission. 4: Audit Requirements 4. 1 The permittee of each Private Club in the city which has been in operation for at least six (6) months prior to a December 31st calendar year shall select and engage a Certified Public Accounting firm to conduct an annual audit V ,��( of the operations of such Private Club during such period. P°14 The year upon which such audit shall be conducted shall begin January 1, and end December 31. The purpose of this C/ ii,2audit shall be to determine whether or not the permittee has complied with the gross receipt requirements of Section 3. 1. '�0 The audit shall clearly reflect (1 ) the total gross receipts of the permittee for the audit year from all 1 operations on the premises for which the Special Use Permit y for a Private Club is issued; (2) the percentage of such 51(4 gross receipts derived from the sale of food; and (3) the 1 � percentage of such gross receipts derived from the sale of alcoholic beverages. 4. 2 The audit shall indicate whether or not further inquiry should be made by the City of Wylie into the permittee' s operations to determine whether all other requirements for the operation of a Private Club were satisfied during the audit year. 4. 3 The audit shall be completed and a copy furnished to the City Council through the Cityc;Manager' s office not later than April 1st of the year following the audit year. The audit shall be performed and a copy furnished to the City Manager at the sole expense of the permittee. 4. 4 If not received by April 1st, the City Council shall have the right to select and engage a Certified Public Accountant firm to perform the audit described herein. The permittee shall reimburse the City of Wylie for all expenses incurred in obtaining this audit. ) towru 0 s r-0 FA R 4- o KJ I S 0„: L10' KNOVIls 5: Public Hearing 5R5e- iS hAr ea ne'U , ' / In the event of apparent non-compliance as determined by the City Manager or his designated representative, a public hearing may be scheduled for a future City Council meeting, for the purpose of determining such compliance or non- compliance of the permittee for the audit year with the requirements of this Ordinance for the operation of a Private Club. The permittee shall be given at least ten (10) days written notice of the date, time, and place of the public hearing. A Special Use Permit shall remain in full force and effect pending such public hearing. 6: Remedies for Non-Compliance 6. 1 At such public hearing, the permittee may appear in person, or by attorney or representative, and shall further have the right to cross-examine witnesses, and to offer such evidence and testimony as he desires with regard to compliance or non-compliance as described above. Upon hearing all evidence with regard to the matter, the City Council shall enter an order finding compliance or non- compliance on the part of the permittee. If the order finds compliance, the matter shall be concluded for that audit year. 6. 2 If the order finds non-compliance for the audit year, the City Council shall further provide for one of the following actions: A. ) Immediate suspension of the permittee' s operation of the Private Club on the premises; and immediate implementation of procedures to revoke and delete the Special Use Permit for a Private Club designation from the zoning of the permittee' s property; or B. ) Establishment of a six-month period of probation during which the permittee may continue operations under its Special Use Remit for a Private Club. The purpose of this probationary period is to allow the permittee to come into compliance with the requirements which were found to be non- compliant as a result of the public hearing. 6. 3 At the end of the probationary period, if same is ordered. an additional audit shall be performed at permittee' s expense. The auditor shall be selected and engaged by the City Council. The purpose of the audit shall be to determine compliance or non-compliance of the permittee during the entire probationary perid with all requirements of this Ordinance. 6. 4 Upon completion of such audit, the original copy shall be furnished to the City Council, with a copy to the permittee. Upon receipt by the City of Wylie of an audit of a permittee' s probationary period, the matter shall be scheduled for consideration at City Council meeting. Written notice shall be given to the permittee. The permittee, his representative or attorney, shall have the right to appear at such meeting and to present any testimony or evidence regarding compliance or non-compliance with the Ordinance, or even the results of the audit, as may be desired. Upon hearing of all evidence and testimony, the City Council shall enter an order finding compliance or non- compliance with requirements of this Ordinance. If the order finds compliance, the probationary perid shall be ended, and permittee' s operations under the Special Use Permit may be continued. If the order finds non-compliance, the permittee shall immediately cease the operation of the Private Club on the premises. Procedures shall immediately be implemented on behalf of the City of Wylie to revoke and delete the Special Use Permit for a Private Club designation from the zoning for the permittee' s property. 6. 5 A11 specific use permits granted under the provisions of this section shall expire December 31st of the year issued and may be renewed annually by payment of a two hundred ($200. 00) dollar renewal fee provided that all sections of this ordinance have been complied with. 6. 6 A11 specific use permits approved in accordance with the provisions of this Section shall only be issued to the applicant whose name appears on the application and shall be valid only as long as the said applicant owns the private club. Upon notification that an existing private club has ceased or will cease operations, a public hearing may be initiated by the City Council to consider rescinding the specific use permit which had been approved for that private club. Any cessation of the use granted by the specific use permit for a period longer than 180 days shall require the owner to reapply for said permit. 6. 7 A Special Use Permit for the operation of a Private Club shall not be issued for a period of one year for an establishment which has had Special Use Permit revoked pursant to Section 3 or Section 4 of this Ordinance. 7: Compliance Required All private clubs within the City of Wylie shall comply with terms of this ordinance within three (3) months of it' s passage. Any existing private club which is annexed by the City shall be required to comply with the terms of this ordinance within three (3) months of the time of annexation. 8: Severability Clause It is intended by the City Council that this Ordinance, and every provision thereof, shall be considered severable and the invalidity of any section, clause or provision of this Ordinance shall not affect the validity of any other portion of this Ordinance. 9: Penalty It shall be unlawful for any person, firm or corporation to operate a Private Club for the sale or dispensing of alcoholic beverages without first having secured a Special Use Permit from the City Council of the City of Wylie. Operation of a Private Club without first securing a Special Use Permit shall be deemed a misdemeanor and any person, firm or corporation convicted thereof shall be fined any sum not exceeding the maximum amount permitted by state law and each and every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. 10: Publication and Effective Date The Caption of this Ordinance shall be published one time in a newspaper having general circulation in the City of Wylie, Texas, and shall be effective immediately after its passage and publication. PASSED AND APPROVED BY THE CITY COUNCIL OF WYLIE, TEXAS THIS THE DAY OF , 1986. Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE ZONING ORDINANCE, BY REPEALING SECTION 26 AND ORDAINING A NEW SECTION 26, GOVERNING SIGNS LOCATED OR TO BE LOCATED WITHIN THE CITY; PROVIDING DEFINITIONS; PROVIDING FOR APPLICATION AND ISSUANCE OF PERMITS; CONTAINING CONTINUING REGULATORY PROVISIONS; CONTAINING APPEAL PROVISIONS; CONTAINING - SPECIFIC LIMITATION PROVISIONS; CONTAINING PROHIBITED USE OF SIGNS; CONTAINING AN PENALTY PROVISIONS; PROVIDING FOR PUBLICATION AND CONTAINING AN EFFECTIVE DATE: WHEREAS: The City Council has determined that the sign provisions of the Zoning Ordinance to be insufficient to adequately regulate the erection and maintenance of signs and other advertising materials within the City of Wylie, and, WHEREAS: The Planning and Zoning Commission has recommended the passage and adoption of the following comprehensive sign ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OR WYLIE, TEXAS: That Section 26 of Ordinance 081-5 as amended by Ordinance #85-23A is hereby repealed and a new Section 26 is ordained to read as follows: ARTICLE_Y- DEFINITIONS SECTION_10 For purposes of this ordinance, the following definitions shall apply, unless clearly indicated to the contrary: Erect. The term "erect " shall mean to build, construct, attach, hang, place, suspend, or affix, and shall also include the painting of signs on the exterior surface of a builiding or structure. Facing or Surface. The word "facing or surface" shall mean the surface of the sign upon, against, or through which the message is displaced or illustrated on the sign. Gross Surface Area of Sign. The "gross surface area of a sign" is the entire area within a single continuous perimeter forming a rectangle enclosing the extreme limits of each sign. In the event two (2) or more signs share a single structure, each sign or panel may be considered separately for square footage purposes, provided that each sign or panel has no relationship to the other, except that the combined footage of such signs cannot exceed the total square footage allowed for the sign. Illuminated Sign. The term " illuminated sign" shall mean any sign which has characters, letters, figures, designs or outline illuminated by electric lights, luminous tubes or other means. Noncombustible Material. The term "noncombustible material " shall mean any material which will not ignite at or below a temperature of twelve hundred ( 1200) degrees Farenheit, and will not continue to burn or glow at that tempature. ��� Sign. The term "sign" shall mean and include every sign, name, number, identification, description, announcement, declaration, demonstration, device, display, flag, banner, pennant, illustration, beacon, light or insignia, and structure supporting building or outdoor structure, or erected or maintained upon a service, place, activity, person, institution, orgainization or business. Any interior illuminated or moving sign or light which is visible from the exterior may be determined as being erected on the exterior of the building or structure. Sign, Advertisng. An "advertising sign" is any sign which promotes and advertises commodities or services not limited to being offered on the premises on which such signs are located. Restricted to B-1, B-2, I Districts. Sign, Agricultural. An "agricultural sign" is any sign identifying the farm or ranch on which it is placed and advertising the produce, crops, animals or poultry raised or quartered thereon. Ristricted to A use District. Sign, Apartment. An "apartment sign" is any sign identifying an apartment building or complex of apartment buildings. Restricted to MF District. Sign, Construction. A "construction sign" is any temporary sign identifying the property owner, architect, contractor, engineer, landscape architect , decorator or mortgage engaged in the design, construction or improvement of the premises on which the sign is located. Permitted in all Districts but limited one ( 1 ) to a premise. Sign, Development. A "development sign" is any temporary on-site promotional sign pertaining to the development of land, construction of buildings, pavement, water, wastewater or storm sewer facilities and other apprentices. Pemitted in all Districts but limited to use during the development process. Sign, Directional. A "directional sign" is any sign temporarily used in directing traffic to residential section of the city. Permitted in all Districts. Sign, Flashing. A "flashing sign" is a sign which has illumination that is alternately turned on and off at a rate equivalent to, or greater than, twice an hour, excluding time and temperature signs. Sign, General Business. A "general business sign" is any advertising sign which is used to identify a business, profession, service, product or activity conducted, sold, or offered on the premises where such sign is located. Restricted to R, B-11 B-2 and I Districts. Sign, Ground. A "ground sign" is any sign which is erected on a vertical framework consisting of two (2) or more uprights supported by the ground. Sign, Identification. An " indentification sign" is any sign which is used to identify shopping centers, industrial sites, retail districts and commercial sites. Restricted to R, B-1, B-2 and I Districts. Sign, Institutional. An " institutional sign" is any sign or bulletin board used to identify schools, churches, hospitals and similar public or quasi-public institutions. Restricted to the premises occupied by the institution. Sign, Marquee. A "marquee sign" is any sign erected on a marquee or fixed awning. Restricted to R, B-1, B-2 and I Districts. Sign, Name Plate. A "name plate sign" is any sign showing only the name and address of the owner or occupant of the premises on which it is erected or placed. Permitted in all Districts. Sign, Obsolete. An "obsolete sign" is any sign which no longer serves a bona fide use or purpose at a specific location. Sign, Parapet Wall. A "parapet wall sign" is any sign erected on the top surface of a parapet wall. Restricted to R, B-1 , B-2 and I Districts. Sign, Pole. A "pole sign" is any sign supported by a single free-standing pole, and having no guys or braces to the ground or to any structure other than the pole. Restricted to R, B-1, B-2 and I Districts. Sign, Projecting. A "projecting sign" is any sign which projects from a building and which has one end attached to a building or other permanent structure. Restricted to R, B-1, B-2 and I Districts. Sign, Real Estate. A "real estate sign" is any temporary sign pertaining to the sale or rental of property and advertising property only for use of which it is legally zoned. Permitted in all Districts but limited to one ( 1 ) per lot or premise. Sign, Roof. A "roof sign" is any sign erected on a vertical framework supported by and located immediately and entirely over the roof of a building. Restricted R, B-1, B- 2 and I Districts. Sign, Wall. A "wall sign" is any sign erected flat- against a wall, supported by the wall, and having the sign face parallel to and not more than twelve ( 12) inches from the wall surface. Neon tubing attached directly to a wall surface shall be considered a "wall sign". A window sign shall be considered a wall sign. Restricted to R, B-1, B-2 and I Districts. Structural Trim. The term "structural trim" shall mean the molding, battens, cappings, nailing strips, latticing, and platforms which are attached to the sign structure. Sign, Government. A "government sign" ia any sign erected by an agency of the United States Government, the State of Texas, the County of Collin or the City of Wylie. Permitted in all Districts. Sign, Political. A "political sign" is any sign intended to influence the vote of individuals in any election campaign. Permitted in all Districts but must comply with 2 (g) and Section 4 (c) . ARTICLE_II� ADMINISTRATION 5ECTION_1. Sign Permit Required. It shall be unlawful for any person to erect, replace, alter or relocate any sign within the City without first obtaining a permit to do so from the Building Official, except as may be hereinafter provided. ���� SECTION_Q Non-conforming Existing Signs. Every sign lawfully in existence on the date of passage of this ordinance may be repaired without applying for a permit hereunderr, but no such sign shall be altered or moved unless a permit be issued pursant to the provisions of this ordinance. 5ECTION_3, Application for Sign Permit. Application for a permit required by this ordinance shall be made upon forms provided by the Building Official, and shall contain or have attached thereto the following information: (a) Sign use classification. (b) Name, address, and telephone number of the applicant. (c) Name, address, and telephone number of the owner. (d) Name, address, and telephone number of the person or firm erecting the sign. (e) Location of the building, structure, or tract to which or upon which the sign is to be attached or erected. (f) Position of the sign in relation to nearby buildings or structures or other related signs. (g) Two (2) copies of plans and specifications showing materials, methods of construction and attachment to the building or in the ground. (h) Copy of stress sheets and calculations prepared by a registered engineer showing that the structure is designed for dead load and wind pressure from any direction, as may be required by this ordinance or by the Building Official. ( i > The zoning classification carried by all property located within three hundred (300) feet of the property subject to the application. (j ) Such other information as the Building Official may require to show full compliance with this ordinance and all other laws and ordinances of the City and State. 0E01ION_40 Exemptions From Application for Permit. Application for permit shall not be required for the following signs; provided, however, such signs shall otherwise comply with all other applicable sections of this ordinance. (a) Signs not exceeding eight (8) square feet in area, which advertise the sale, rental or lease of the premises on which such signs are located, limited to one such sign on any one lot or premises. (b) Name plates not exceeding one ( 1 ) square foot in area. (c) Temporary political signs set back at least ten ( 10) feet from sidewalks. (d) Bulletin boards not exceeding sixteen ( 16) square feet in area for public, charitable or religious organizations when the same are located on the premises of the institution. (e) Temporary construction signs, not exceeding two (2) square feet in area, denoting architect, engineer or contractor, when placed upon premises under construction. (f) Occupational signs, not exceeding two (2) square feet in area, denoting only the name and profession of an occuapant in a commercial builiding or public institutional building. (g) Memorial signs or tablet, names of building and date of erection, when out into any masonry surface or when constructed of bronze or other noncombustible materials. (h) Flags, emblems and insignia of any governmental body and decorative displays for holidays or public demonstrations which do not contain advertising and are not used as such. ( i ) On-site directional signs not exceeding eight (8) square feet, provided such directional signs do not contain advertising and are not used as such. (j ) Traffic or other governmental signs, legal notices, railroad crossing signs, danger, and such emergency, temporary or nonadvertising signs as may be approved by the City Manager or his authorized representative. SEC1I9N_5n Signs Requiring Electrical Inspection. Every sign utilizing electrical apparatus or electricity shall comply with the City Electrical Code. 5ECTION_61 Fees. Every applicant, before being granted a permit hereunder, shall pay to the City of Wylie a fee as set forth in the City of Wylie Fee Ordinance for processing and issuing such permit plus the electrical permit fee for inspection and certificate. SECTION_70 Issuance of Permit. Providing that the Applicant has complied with all provisions of this ordinance, and that the proposed sign complies with all provisions of this ordinance, the Building Official shall issue the sign permit to the Applicant. SECTNN_S Not to Issue to Persons Previously Failing to Pay Fees. The Building Official shall not issue a permit under the provisions of this ordinance to any person who has previously failed or refused to pay any fees or costs assessed against him under the provisions of this ordinance or under the provisions of any other ordinance or the Fee Ordinance of the City of Wylie. SECTION_91 Permit Valid Only for Sixty (60) Days. If the work authorized by a permit issued under this division has not been commenced within sixty (60) days after the date of issuance, the permit shall become null and void. SECTION_10, Permit Revocable. The Building Official may suspend or revoke any permit issued under the provisions of this ordinance whenever he shall determine that the permit is issued in error or on the basis of incorrect or false information supplied, or whenever such permit be issued in violation of any of the provisions of this ordinance or any other ordinance of this City or laws of the State of Texas or Federal Government. Such suspension revocation shall be effective when communicated in writing to the person to whom the permit is issued, the owner of the sign or the owner of the premises upon which the sign is located. SECTION_1N Inspection. The Building Official shall inspect annually, or at such other times as he deems necessary, each sign regulated by this ordinance for the purpose of ascertaining whether the same is secure or insecure, whether it still serves a useful purpose and whether it is in need of removal or repair. 5E0TION_1N Removal of Obsolete Signs. Any sign which the Building Official determines no longer serves a bona fide use conforming to this ordinance, shall be removed by the owner, agent or person having the beneficial use of the land, building or structure upon which such sign is located within ten ( 10) days after written notifiction to do so from the Building Official. It shall be unlawful for any person, firm or corporation receiving such written notice to fail to comply with the direction of the notice, and in the event failure to comply with such notice, the building inspector is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the land, building or structure to which such sign is attached or upon which it is erected, such removal is not positive defense for failure to comply with the written directive. SECTION W. Removal or Repair of Unsafe Signs. If the Building Official shall determine that any sign is unsafe or insecure, or is a menace to the public, he shall give written notice of the person or persons responsible for such sign. If the permittee, owner, agent or person having the benenficial use of the premises fails to remove or repair the sign within ten ( 10) days after written notification to do so from the Building Official, it shall be unlawful for any person, firm or corporation receiving such written notice to fail to comply with the direction of the notice, and in the event of failure to comply with such notice, the building inspector is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the land, building or structure to which such sign is attached or upon which it is erected, such removal is not a positive defense for failure to comply with written directive. The Building Official may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice. SECTION 14� Sign Board of Appeals. Upon proper application thereto the Zoning Board of Adjustments and Appeals shall have the power to grant variances from the provisions of this section if it appears that the provisions would work a manifest injustice, and in making such determination the Board shall consider such factors as the type of sign, location, existence of signs in the general area, and such other factors as they deem pertinent. No variance shall be granted by the Board if the same conflicts with the spirit of this ordinance, which is one of providing public safety, adequate lighting provisions, open space and air, conservation of land, protection of property values, and encouraging the highest and best use of the land. In considering the requests for variation to requirements of this Ordinance the Board shall consider, but not limited to, the degree of variance, the reason for the variance requested, the location of the variance request, the duration of the requested variance, the effect on public safety, protection of neighborhood property, the degree of hardship or injustice involved, and the effect of the variance on the general plan of regulating signs within the City. The decision of the Board of Appeals shall be final. ARTICLE_IIA_ SPECIFIC_LIMITATION_PROVISIONS SECTION 10 General Sign Provisions. All signs located or to be located within the City of Wylie shall conform to the general provisions set forth in TABLE I, entitled "General Provisions". SECTION_2, Additional Requirements for Attached Signs (a) Roof Signs. Roof signs shall be an integral part of the architectural design of the building and shall be constructed of noncombustible materials, except molding and trim. Such signs shall not exceed fifteen ( 15) feet in height measured from the uppermost part of the sign to the surface of the roof immediately below. Nor shall any roof sign exceed the height limit for building fixed by the Zoning Ordinance of the City of Wylie. Such sign shall not exceed one hundred twenty-eight ( 128) square feet in area, and only one ( 1 ) sign shall be allowed per building structure. No part of any roof sign shall be located within six (6) feet of any outside wall nor within seven (7) feet of the surface of the roof immediately below. All metallic parts shall be grounded for protection againist lightning. Roof signs erected on pitched roofs shall not be higher than three (3) feet above the roof immediately below, nor less than one ( 1 ) foot above the roof immediately below. (b) Projecting Signs. The horizontal portion of any projection sign shall not be more than six feet six inches (6' 6" ) in length measured from the building face and shall not be closer than two (2) feet from the back of the curb line. The height of the sign shall not exceed two (2) feet. Such signs shall be an integral part of the architectural design of the building. Vertical clearance shall be subject to the requirements of paragraphs (e) and (f) of this Section. (c) Marquee Signs. Marquee signs erected on the face of a marquee shall be built as an integral part of the marquee and shall be constructed of noncombustible material. Such signs shall not exceed forty (40) square feet or the product of two (2) times the lineal footage of the building store frontage for which such sign is intended, whichever is greater. Such signs shall not have a vertical height of more than six (6) feet nor exceed seventy-five (75) percent of the width of such building or store frontage. Further, the height shall not exceed the building roof line by more than four (4) feet. Vertical clearance shall be subject to the requirements of paragraphs (e) and (f) of this Section. (d) Wall Signs. Wall signs shall not exceed forty (40) square feet or the product of two (2) times the lineal footage of the building or store frontage for which such signs are intended, whichever is greater. Such signs shall not have a vertical height of more than six (6) feet nor exceed seventy-five (75) percent of the width of such building or store frontage. Vertical clearance shall be subject to the requirements of paragraphs (e) and (f) of this Section. (e) Projection Over Public Property. If the vertical clearance above the surface is less than eight (8) feet, no projection is permitted. If the vertical clearance above the surface exceeds eight (8) feet, a projection is permitted for each inch of clearance over and above the required eight (8) feet, provided that no projection shall exceed four (4) feet or one-third ( 1/3) the width of the sidewalk below, whichever is less. (f) Projection Over Private Property. Projection of sign over private property shall be allowed over pedestrain sidewalks, walkways and corridors but not to exceed the following : 7' or less 3 inches 7' or 8' 12 inches 8' or more 4 feet (g) No sign of any nature other than Governmental signs shall be placed on any right of way within the City, the existence of a sign on a Public right-a-way or utility pole within the city shall be considered prima facie evidence, rebuttable as in other cases, that such sign was placed by or under the direction of the person, firm or organization advertising thereon. SECTION-R Freestanding Identification Signs and General Business Signs in "R, B-1, B-2 and Ind" Districts. ( 1 ) The entire sign must be located a minimum of eight (8) feet behind the property line. (2) Any projecting or overhanging portion of the sign must be a minimum of ten ( 10) feet above any walkway and fourteen ( 14) feet above driveways. (3) Maximum height above grade of an identification sign is thirty-five (35) feet ; maximum height above grade of general business sign is twenty (20) feet. (4) Maximum area for general business pole or ground signs is sixty (60) square feet and maximum area for identification pole or ground signs is one hundred twenty- eight ( 128) square feet. (5) Such signs shall be located a minimum of thirty (30) feet from adjoining private property lines and a minimum of sixty (60) feet from any other free standing sign. (6) Such signs in "R, B-1, B-2 and I " Districts shall be constructed of materials that are noncombustible or slow burning in the case of plastic inserts and faces. Such signs are to be supported by noncombustible supports finished in a presentable manner (wood other than treated or unfinished steel not allowed) . (7) No advertising matter shall be displayed on or attached to any free standing sign. No guys, braces, attachments, banners, flags, or similar devices shall be attached to any sign. (8) Such signs shall be protected by wheel or bumper guards when required by the Building Official. (9) For Retail and Commercial sites upon which multiple use signs are desired in excess of the above stated limitations, a sign plan for the site may be submitted to the Board of Appeals for consideration as variance of this Ordinance. SECTION_Y Advertising Signs. Advertising signs shall not exceed four hundred (400) square feet where legal speed limits are in excess of 50 m. p. h. and shall not exceed one hundred twenty-eight ( 128) square feet where legal speed limits are 50 m. p. h. or less. 5ECTION_5, Temporary Signs. (a) Temporary directional signs are to be used for the exclusive purpose of directing traffic to residential sections of the city. Such signs shall bear only the name of such sections and the directional arrow. Permits for directional signs shall be granted for a period of time not to exceed six (6) months, at the expiration of which time, renewal applications must be filed. (b) Temporary subdivision development signs and "for sale" signs of undeveloped tracts may be erected, provided such signs relate only to the property on which they are located. Each such subdivision under development may have one ( 1 ) such sign not to exceed one hundred fifty ( 150) square feet in area. Subdivision developments greater than fifty (50) acres in size may have additional signs of the same size on the ratio of one ( 1 ) sign for each thirty (30) acres in excess of the base fifty (50) acres. SECTION_61 Date of Erection, Permit Number and Voltage to be Displayed. Every sign erected after the passage of this ordiance shall have displayed in a conspicuous place thereon, in letters not less than one ( 1 ) inch in height, the date of erection, the number of the permit issued under this ordinance and the voltage of any electrical apparatus used in connection therewith. SECTION_7, Wind Pressure and Dead Load Requirements. All signs shall be designed and constructed to withstand a wind pressure of not less than thirty (30) pounds per square foot of area, and shall be constructed to receive dead loads as required by the Building Code of the City of Wylie. 5E0I0N_8. Maintenance of Signs. All signs and supports shall be maintained in good condition to prevent deterioration, oxidation, rust and other unsightly conditions. ARTICLE_IA PROHIBITED -.SIGNS SECTION1, Obscene, Indecent and Immoral Matter. It shall be unlawful for any person to display upon any sign any obscene, indecent or immoral matter. 5E0I0_21 Obstruction Doors, Windows or Fire Escapes. It shall be unlawful to erect, relocate or maintain a sign to prevent free ingress to or egress from any door, window or fire escape. SECTION_A Attachment to Standpipe or Fire Escape. It shall be unlawful to attach any sign to a standpipe or fire escape. 5E0ION_40 Interference with Traffic. It shall be unlawful to erect. relocate or maintain any sign in such a manner as to obstruct free and clear vision at any location where, by reason of position, size, movement, shape, color, flashing, manner or intensity of illumination, such sign may interfere with vehicular or pedestrian traffic. Further, it shall be unlawful to erect or maintain any sign in such a manner as to interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or devise. Accordingly, no sign shall make use of the words "Stop", "Go", "Look", "Slow", "Danger", or any other similar word, phrase, symbol, or character or employ any red, yellow, orange, green or other colored lamp or light in such a manner as to cause confusion to, or otherwise interfere with, vehicular or pedestrian traffic. SECTION 51 Mobile or Portable Signs. (a) It shall be unlawful to attach any sign to a trailer, skid, or similar mobile structure, where the primary use of such structure is to provide a base for such sign or constitute the sign itself. This provision does not restrict the identification signs on vehicles used for any bona fide transportation activity. (b) Signs attached to or upon any vehicle shall be prohibited where any such vehicle is allowed to remain parked in the same location, or in the same vicintiy, at frequent or extended periods of time, where the intent is apparent to be one of using the vehicle and signs for purposes of advertising an establishment, service, or product. Vehicles operating under a City franchise shall be excluded from this provision. (c) A-Frame signs and sandwich-board signs are prohibited and unlawful. ���� SEC1ION_6, Advertising Matter Placed on or Suspended from Buildings, Poles, Sidewalks, ect. (a) No person shall place on, or suspend from, any building, pole, structure, sidewalk, parkway, driveway, or parking area, any goods, wares, merchandise or other advertising object or structure for the purpose of advertising such items other than a sign, as defined, regulated and prescribed by this ordinance, except as otherwise allowed by ordinance. (b) No cloth, paper, banner, flag, device, or other similar advertising matter shall be permitted to be attached to, suspended from, or be allowed to hang from any sign, building or structure, when the same shall create a public menace or danger. 5ECTION_7" Painting, Marking, etc. , Street, Sidewalks, Utility Poles, etc. No person shall attach any sign, paper or other material or paint, stencil or write any name, number (except house numbers) or otherwise mark on any sidewalk, curb, gutter, street, utility pole, public buildings, fence or structure except as otherwise allowed by ordinance. 5ECTION_81 Attaching Advertising Matter to Fences, Utility Poles, etc. , and Scattering, Advertising Matter on Streets and Sidewalks. (a) No person, firm, corporation, or association of persons, shall paste, stick, tack, nail or otherwise place, any advertisement handbill, placard, or printed, pictured, or written matter or thing for political advertising or other advertising purposes upon any fence, railing, side walk, or public telephone facility, elelctric or other utility pole, or any other public property, including trees thereon, or to knowingly cause or to permit the same to be done for his benefit. (b) It shall also be unlawful for any person to scatter or throw any handbill, circulars, cards, tear sheets or any other advertising device of any decription, along or upon any street or sidewalk in the City of Wylie. 5ECTION_90 Pole or Ground Signs Prohibited on or Over Public Property. No portion of any pole or ground sign shall be erected upon or over public property, unless the same be erected by the City, or with the permission of the City, for public purposes. 5ECTION_1N Certain Illuminated Signs Prohibited. No sign shall be illuminated to such an intensity or in such a manner, as to cause glare or brightness to a degree that it constitutes a hazard or nuisance. Moving, flashing, intermittently lighted, changing color, beacons, revolving or similarly constructed signs shall not be allowed. Jump clocks showing time, temperature, and similar data may be allowed. No lighted sign shall be erected within one hundred and fifty ( 150) feet of a residential district unless the lighting is shielded from view of the residential district. Z^ SEC1ION_11, Balloons and other Floating Devices Used for Advertising Purposes. No person shall erect, maintain or permit the erection of, for advertising purposes, any balloon or other floating device anchored to the ground or to any other structure within the City of Wylie. ARTICLE_0- PENALTY_PROVISIONS 5EC1ION_1. Persons Responsible. The permittee, owner, agent, person or persons having the beneficial use of the ground or a sign, the owner of the land or structure on which the sign is located, and the person in charge of erecting the sign are all subject to the provisions of this ordinance and are subject to the penalty provided for violations of this ordinance individually. 59CTION_2" Penalty for Violation of this Ordinance. Any person, firm or corporation who violates any provision of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof in the Municipal Court, shall be subject to a fine of not more than the maximum permitted by State Law for each offense, and each and every day that the violation of the ordinance is continued shall constitute a separate offense. ARTICLE_VI� CONFLICTING_ORDINANCES If any portion of this ordinance shall conflict with any portion or all of an existing ordinances of the City of Wylie not specifically repealed herein, the City Council hereby declared that this ordiance shall prevail and that it is hereby attempting to repeal any conflicting provisions of any existing ordinance of the City. ARTICLE_VI4. PRESERVING_RIGHTS_AND_VIOLATIONS_UNDER_EXISTING_ORDINANCES By the passage of this Ordinance, no presently illegal use of signs shall be deemed to have been legalized, and no offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time existing sign ordinances or regulations were repealed and this ordinance adopted, shall be discharged or affected by such repeal ; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted, or, causes presently pending proceeded with, in all respects as if such prior ordinance, or portion of such ordiance, had not been repealed. 617 ARTICLE_VIII,,.. SEVERABILITY_CLAUSE_AND_EFFECTIVE_DATE SECTION I. Severability Clause. If any section, sub-section, sentence, phrase, word, paragraph, or provisions of this Ordinance or the application of that section, sub-section, sentence, phrase, word, paragraph, or provision to any person, firm, corporation, situation or circumstance is for any reason adjudged invalid, the adjudication shall not affect any other section, sentence, phrase, word, paragraph or- provision of this ordinance or the application of any other section, sentence, phrase, word, paragraph, or provision to any other person, firm, corporation, situation or circumstance, nor shall adjudication affect any other section, sentence, phrase, word, paragraph or provision of the Code of Ordinances of the City of Wylie, Texas. The City Council declares that it would have adopted the valid portions and applications of this ordinance without the invalid part , and to this end the provisions for this ordinance are declared to be severable. SECTION_?, Publication. The caption of this ordinance shall be published one time in a newspaper of general circulation. 5ECTION_3, Effective Date. This ordinance shall take effect immmediately upon the publication of the caption of this ordinance in a newspaper of general circulation as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THlS______________ ___DAY 1987. ------------------------------ Chuck Trimble, Mayor ATTEST: -------------------- ----- --- Carolyn Jones, City Secretary � ORDINANCE AN ORDINANCE ESTABLISHING DEVELOPMENT PERFORMANCE STANDARDS FOR MULTI-STORY MULTI-UNIT STRUCTURES; PROVIDING DEFINITIONS; STATING THE PURPOSE; PROVIDING STANDARDS FOR DEVELOPMENT; PROVIDING AN PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT: SECTION_A This ordinance shall be known as the MMlti7 of the City of Wylie, Texas. 5E0ION_20 This ordinance shall apply to all multi-story multi-unit structures constructed after the effective date of this ordinance. SEC1ION_3, DEFINITIONS: The following words and phrases when used in this ordinance shall have the meanings respectively ascribed to them in this section: (a) Condominium Project-Condominium Project means a real estate condomimium project ; a plan or project whereby four (4) or more apartments, rooms in existing or proposed buildings or structures are offered or proposed to be offered for sale. (b) Dwelling Unit-Shall be construed to mean one ( 1 ) room, or rooms within the same structure connected together, constituting a separate, independent housekeeping establishment including kitchen facilities for owner occupant or rental, or lease on a daily, weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure. (c) Density-The quanity or number or units per ground area. (d) Bedroom Unit-Any room in a dwelling unit in which fixtures or furnishings are provided for sleeping. This shall not be interpreted to include a room in which furniture such as fold-down beds or convertible couches is provided on a permanent basis for regular accommodation or residents, temporary or otherwise. This shall include single rental rooms in a motel or hotel. (e) Multi-Story-A structure three (3) or more stories in height. (f) Planned Unit Development-A development that complys with all provisions of the planned unit development section of the Comprehensive Zoning Ordinance of the City of Wylie. (g) Fire Protection-Residential fire protection as described in National Fire Protection Association Publication 13-D. (h) Motel-Hotel-Any establishment whose primary function is to provide a bedroom unit for patrons on a temporary basis. ( i ) Open-Space-Open land area reserved in perpetuity and maintained in accordance with City Ordinances. The term "Open Space" as used in this ordinance does not include vehicular parking areas or adjacent roadways. Swimming Pools, tennis courts and other areas designed and designated for pedestrian activity can be considered "Open Space". /1(0 SECTION 4. PURPOSE-The construction of multi-story, multi- unit structures for full time or temporary living accommodations can result in increased density, greater traffic volume, loss of open space and severely tax public services provided by the city. Guiding development to abide by public standards established by the City of Wylie ensures the protection of the general public health, welfare, and safety and encourages the orderly development of the City as a whole. 5ECTION_5n STANDARDS FOR DEVELOPMENT-All multi-story, multi-family, motel-hotel structures constructed after the effective date of this ordinance shall meet the following performance standards,-, (a) Provide parking spaces, a minimum of nine (9) feet wide by eighteen ( 18) feet long, in proportion to the number of bedroom units contained in the total development, as follows: ( i ) A minimum of 1. 5 spaces for the first bedroom unit contained in each dwelling unit, and (ii ) A mimimum of one ( 1 ) additinal space for the second bedroom unit contained in each dwelling unit, and ( iii ) A minimum of one half (. 5) additional space for each bedroom in dwelling unit that contains three (3) or more bedroom units with a maximum of three (3) parking spaces required for any dwelling unit. (b) Provide a maximum of 28 dwelling units or 70 bedroom units per acre on the property of the proposed development. (c) The minimum dwelling unit shall be 900 square feet. (d) All construction of multi-story multi-family condominiums shall be in an area zoned planned unit development. (e) Protective covenants shall be filed with the request for planned unit development zoning. (f) Set Back Requirements-Any structure up to and including four (4) stories in height must provide a minimum total side yard of forty feet (401 ) . Minimum required side yard on one side of the structure is twenty feet (201 ) . Any structure above four (4) stories up to and including 8 stories in height must provide a minimum total side yard of eighty feet (801 ) . Minimum required side yard on one side of the structure is forty feet (401 ) . Any stucture beyond 8 stories in height shall provide an additional 5 feet of side yard for each 2 stories in excess of 8 stories. (g) Open-Space-Provide and maintain in accordance with city ordinances specified herin minimum of forty percent (40%) of the property in the development as reserved open space. (h) An mulit-story multi-unit structure shall be fire protected as per National Fire Protection Association Publication 13-D. 1 � SEC1ION_6, PENALTY-Any person, firm corporation or other entity who is found guilty of violating the terms of this ordinance shall be deemed guilty of a misdemeanor and upon conviction of any such violation, shall be subject to a fine not to exceed the amount permitted by State Law. SECTION_& SEVERABILITY-It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and if any phrase, clause, sentence, or section of this ordinance shall be declared unconstitutional or invalid by any judgement or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. 5E01IPN_8l PUBLICATION-The caption of this ordinance shall be published one time in a newspaper of general distribution in the City of Wylie. 5ECTION_91 EFFECTIVE DATE-This ordinance shall become effective upon its publication in a newspaper of general circulation. PASSED AND APPROVED BY THE CITY COUNCIL OF WYLIE, TEXAS THIS THE DAY OF , 1987. ------------------------------- Chuck Trimble, Mayor ATTEST: ---------------------- Carolyn Jones, City Secretary ^� � REQUEST TO BE PLACED ON AGENDA Date For next Council Agenda__ i4 211.1_ ;? I , request that the following item be placed on the City Council agenda. Consider : Q U /'L t `t l 4 ✓ " 5 t (21 c.,/ - u p (4-1--) D g T1 1 - ID t- d r- eilt.; )1_, 6\1...i ii,-) t..777.07„..)c, cz_ 0 (t- Tryip 5 2 - P 1 c-1 6 0 A-r--- c 11A (44. 2 t-` 10 _c _gin 't"Jr... rt_q u�ct d /--' Thank you, iliZiu' ''t (..L1, _ LY frE 7-s' Signature _ r k s(:) bi-W '( `) S Street City, Texas Zip Code L/ q2 - 4a3 j Phone Number 75 - ' M E M 0 R A N D U M DATE: January 7, 1987 TO: Gus H. Pappas, City Manager FROM: I . W. Santry, Jr. , P. E. , City Engineer SUBJECT: Analysis of Bids Received January 6, 1987 The three project bids received on January 6, 1987 in accordance with specifications are summarized on the attached sheets. Gifford-Hill and Company was the only bidder for sand and gravel. No bids were received for concrete, building materials and bulk steel . Piping and Accessories bids were received from Ferguson Enterprises, Trans-Tex Supply and Industrial International . Ferguson Enterprises had one extension wrong and Trans-Tex Supply made several alternate quotations from the specifications. The following totals summary indicates the piping and accessories picture. FERGUSON TRANS-TEX INDUSTRIAL PROJECT ENTERPRISES SUPPLY INTERNATIONAL Lake Ranch Water Line $7, 480. 15 $7, 488. 30 $7, 761 . 20 S. T. P. b Sludge Beds $1 , 265. 50 $1 , 502. 45 $1 , 535.59 Nortex GR. a b, c Storage Site $13, 971 . 50 $13. 648. 51 $17, 749. 32 a b, c TOTALS $22, 717. 15 $22, 639. 26 $27, 046. 11 a Indicates extension error. b Bid includes variation to specifications c Does not include Item 14 - 5"x 10" eccentric reducer. Trans-Tex Supply did quote a 6"x 10" eccentric reducer, at $143. 88 which would make their total $22, 783. 14. If the low bid for Item 14 of $238. 00 is included in the Trans-Tex Supply bid their totals would be $13, 886. 51 and $22,877. 26. With the minor variations in the individual projects bid it is recommended by the Engineering Department that the combined bids from Ferguson Enterprises in the amount of $22, 717. 15 be accepted as corrected. -/V - The Gifford-Hill and Company combined bid for bedding sand and gravel is summarized below. SAND CRUSHED PROJECT BID ROCK BID Lake Ranch Water Line $1 , 989. 68 $ 414. 96 S. T. P. Sludge Beds $ 67. 80 $ 57. 20 Nortex Gr. Storage Tank $ 546. 00 $ 159. 60 TOTALS $2, 603. 48 $ 631 . 76 Gifford-Hill was the only bidder for most of the sludge bed media at the sewage treatment plant. They did not bid on the special silica sand to be used. Prices previously quoted by Colorado Silica Sand, Inc. is $3, 450. 00 which is too expensive and the Engineering Department is discussing with Gifford-Hill and Company about the use of another product they can supply at a total cost of $1 , 316. 60. However, we will not be able to see this material until Friday, Janurary 9, 1987. The sludge beds filter media bid sheet had an incorrect size shown and the summary sheet indicates the corrected bid based upon a telephone call this morning. The total media bid (except the silica sand) is $3, 346. 10. It is recommended that Gifford-Hill be awarded the contract for all projects bedding sand and crushed rock and for the sludge bed media as bid for the total amount of $6, 581 . 34. The Engineering Department would like to have the special sludge bed sand media also awarded to Gifford-Hill in the amount of $1 , 316. 60 on the condition that it proves satisfactory which should be determined on Friday, January 9, 1987. It is recommended that the building materials for sludge beds and for the Nortex Ground Storage Site be purchased on the open market as needed and from various suppliers on firm quotations. It was estimated that these materials would cost $10, 000. 00. ,~� il,, ,e *I- - p CITY OP' WYLIL 108 S. JACKSON - P.O. BOX 428 WYLIE, TEXAS 75098 (214) 442-2236 January 9 , 1987 To : Gus Pappas From: James Johnson Re : Fire Department Rescue Vehicle Bids On January 6 , 1987 , bids were received and opened on the Fire Rescue Vehicle . Funds of $13 , 500 were initially budgeted for this vehicle to come out of the Public Safety Equipment Fund . This fund was established through Council action through the Personal Property Finance Contract in October 1986 for the purpose of funding the ambulance acquistion and an additional ambulance . A fire rescue vehicle was added to this financing contract through Council discussion of equipment needs . Funds are budgeted in this year ' s budget in the Ambulance ( 230) Depart- ment and the Fire ( 220) Department for beginning the repayment of the funds borrowed . A total of twelve bid proposals were sent out and only two ( 2) potential vendors replied . The bids received are as follows : Bidder Spec . Bid w/full options Alt . Bid (min . spec . Lakeside Chevrolet $15 ,947 .82 $13 ,847 . 27 ( auto ) $13 ,367 . 02 ( std . ) 299 . 20 spare tire Tedford Chevrolet $14 ,825 . 00 No Bid The Alternate bid option gave the bidder of bidding a "plain vanilla" type vehicle , but one that also met our minimum specifications on our proposal sheet . Given that approach , my recommendation would be that the City accept the Lakeside Chevrolet alternate bid with an automatic transmission of $13 ,847 . 27 with a spare tire added at a cost of $299 . 20 for a total of $14 , 146 . 47 . Fire Chief Allen has looked at the bids and stated that this bid was acceptable . Delivery time is six to eight weeks . 2 ����j�((�� MEE MR gati f_ OBROIE BAKES 3/4 TON AUTOMATIC TRANSMISSION e DAVID KARR {' ti - •AL - �ID PROPOSAL SHEET LAKESIDE CHEVROLET CO. vehicle, minimum three-quarters (3/4) r IN 30-AT HWY.205 Loud.722-5311 ROCKWALL.TEXA$75007 oALLAS 22s-24ee I e f o l lowing items: r 1 . 350 cubic inch engine or equalivent - - 4 :.v14 ` -. -- 2 Automatic transmission/no overdrive : . .r- '":" _.. 3. Power Steering r, `s � - - 4. Power Brakes -3e ,, 5. Arr Conditioning with front and rear y: ; ter'. 1-: air ports `1 r o nt ''''— yam '' 6. Front Seats -- Bucket Benew �� �Y 'F .. Rear Seats -- Sp I it _• ;. 4 -.a -•+"ter_ 7. Red paint (body) with white top - only y , .. alternative is all red in color 8. Rear doors must be double swing out type r • �yq''O� - 9. Heavy duty cooling systems -.: - • • 5..* as :4 r_, 10. Heavy duty battery `Ie,.- ,�,� y' 11 . Heavy duty suspension � u 12. Two wheel drive/4 wheel system optional ivior` ,. 13. Optional 4 wheel drive system 14. (3) wheel base not in exceed 132 inches :-_ - 1 r �'' 15. Overall length not in excess of 225 inches - x -;t._ ._.. 16. Overall height not in excess of 74 inches;' = TOTAL Alternative Bid: ixi.; T' 1 substitute(s) must be delinated -i i( Alternatives or following lines and priced separtately =1. > Spare Tire : ,,? 2. Silverado Equipment + • 3. . Bucket Seats , Front & Rear Air Conditioning '" %' - 4'ti" , � ,: fl nj \.y - TOTAL $19074� t O F. �nI1,,rnrn��rrrrIa�..M ' IY�I ' • _. W. Y +y .: r Ly - 1 doors --- Standard Transmission • " 73 •;-. -- .-'-' DAVID KARR 'mum .. : 13 ., 3ID PROPOSAL SHEET LAKESIDE CHEVROLET CO. IH30•AT HWY.206 Low.722'a3" vehicle, minimum three-quarters (3/4) _ ', ', �: ROCKWALL.TtXAS 76087 owtlns 228.346e ie following items: : jaw s`•- 4,_.'s. 1 . 350 cubic inch engine or equalivent _• ` -`ate "�, c`. `rk ,r, •, Automatic transmission/no overdrive SteQdard - x- 3. Power Steering -.-:-...:.-,...-4... -7:-... .., - 4. Power Brakes :-v. . ...:-----*".,-.;:'-3 5. Air Conditioning with front and rear . ,•:- - air ports Front" Ortl}r' *If:A. r 6. Front Seats -- Bucket ce='`i �f' Rear Seats -- Split :a -€ 7. Red paint (body) with white top - only alternative is all red in color •B. Rear doors must be double swing out type '- ., '' .9. Heavy duty cooling systems 1y% 10. Heavy duty battery ' ti 11 . Heavy duty suspension �- 12. Two wheel drive/4 wheel system optional - . �$ 13. Optional 4 wheel drive system • '=' � 14. (3) wheel base not in exceed 132 inches . .7- `•- r• 15. Overall length not in excess of 225 inches` -,- 16. Overall height not in excess of 74 inches :y �- TOTAL 13a:. ._ Alternative Bid: Y �= Alternatives or substitutes) must be delinated on t' • " following lines and priced separtately -t "2 1. WITH SPARE TIRE °r r a „, _ . ! `,A TOTAL 7`3',:5: ' ` . ' • ;t : -79 r�� NEW CARS AUTO REPAIR Robbie Tedford TEDFORD CHEVROLET CO. US 380 AT 78 FARMERSVILLE PAINT 6 BODY SHOP FARMERSVILLE,TEX. Phone 782-6212 Dallas 235-5312 One 1987 Utility-type vehicle, minimum three-quarters (3/4) ton, furnished with the following items: 1987 3/4 Ton Suburban 1 . 350 cubic inch engine or equalivent 350 V-8 EFI 2 Automatic transmission/no overdrive 3 Speed Auto. A 3. Power Steering 4. Power Brakes 5. Air Conditioning with front and rear air ports Front & Rear Air 6. Front Seats -- Bucket Vipyl Bucket Rear Seats --• Split Center Only 7. Red paint (body) with w irte top - only alternative is all red in color Solid 8. Rear doors must be double swing out type STD 9. Heavy duty cooling systems STD 10. ' Heavy duty battery 630 Cold Cranking. AMPS 11 . Heavy duty suspension STD 12. • Two wheel drive/4 wheel system optional — STD 13. Optional 4 wheel drive system ($1.63 00) Optional 14. (3) wheel base not in exceed 132 inches 129.5" 15. Overall length not in excess of 225 inches 219.1" 16. Overall height not in excess of 74 inches 74.3" TOTAL $14,825.00 2 WHEEL DRIVE Alternative Bid: Alternatives or substitute(s) must be delinated on the following lines and priced separtately 1 . Payment due at delivery. 2. Delivery approximately six to eight weeks. 3. TOTAL 2U BID FORM BID NO. THE FOLLOWING INFORMATION MUST BE PROVIDED FOR YOUR BID TO BE CONSIDERED. 1 House Bill 620 Municipal Contracts: Non-resident Bidders. New law of the State of Texas 69th Legislative Regular Session prohibits cities and other govenmental units from awarding contracts to a non-resident bidder unless the amount of such bid is lower than the lowest bid by the Texas resident by the amount the Texas resident would be required to underbid in the non-resident bidders state. In order to make this determination, please answer the following questions: 1. Give the address and phone number of your principal place of business. Hwy 380 W. , P.O. Box 272, Farmersville, TX 75031 • 782-6212- Metro 235-5312 2. Give the name, address of principal place of business and phone number of your company's majority owner. Bob Tedford Hwy 380 W., P.O. Box 272 Farmersville, TX 75031 782-6212 3. Give the name, address of principal place of business and phone number of your compan 's ultimate parent company. NA 4. If in any of your answers to number 1,2, or 3 above, the answer indicated a principal place of business other than within the State of Texas, you aree required to provide a copy of all relevant laws applicable to non-resident bidders in the other jurisdiction. Failure to supply this information may result in the rejection of your bid. Yea (2V-Pres ignature Title bob Tedford Chev 1Pt Cn_ Company Name & Address P.O. Box 272. Farmerfiv111e,_TX 7' 031 • 17 BID FORM BID NO. THE FOLLOWING INFORMAT-ION MUST BE PROVIDED IN ORDER FOR YOUR BID TO BE CONSIDERS. 1 . Article IX Section 5 Personal Financial interest of the City Charter states in part that "no officer of employee of the City shall have a financial inters, direct or indirect, in any contract with the city, nor shall be financially interested, directly or indirectly, in the sale to the city of any land, materials, supplies or service. 2. Is the bidder or any person having a director indirect financial interest in the bidder, an officer or employee of the City? No If yes, please identify the person or persons and the exact nature of the interest. 3. Is the bidder or any officer or manager of the bidder related to a Manager of any City department, any employee o4 the City Purchasing Department, City Manager, or any member of the City Council? NC) If yes, please identify the relationship between the bidder and the City. Signatur Title Bob Tedford Chevrolet Co. Company Name P.O. Box 272 Address 'armereville,...._TX .750.1.___...____._..._ ...._.___.......___.. Clrr'W' 03Er VA%r-T'T_j1M 114 N. BALLARD ST. -- P.O. BOX 42D VVYLE.TEXAS 75OS8 (214)442'2230 MEMORANDUM DATE: December 23, 1906 TO: Gus H. Pappas, City Manager FROM: I . W. Santry, Jr. , P~ E. , City Engineer ^�=� SUBJECT: R. O.W. Dedication on Vinson Road Finholt Property The attached dedication is the south one-half of Vinson Road just west of the present phase I of the Lake Ray Hubbard Mobile Home Park and represents land also owned by Roger Finho%t. Purpose is to secure the R. O. W. and provide land on which the proposed 12-inch offsite water line will be built. It is recommended by the Engineering Department that this be accepted by the City. F-4 C-102—WARRANTY DEED—With Single and Corporation Acknowledgments Martin Stationery Co.,Dallas THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS: COUNTY OF Dallas ,- ,=-...y. That Roger Finholt > vy. of the County of Dallas State of Texas , for and in consideration of -" InEi ;'� the sum of �� One and no/100 ($1 .00) DOLLARS, rsa ti ;" to me in hand paid by The City of Wylie i 4' l « IX ;mac :« g i :44 1 have Granted, Sold and Conveyed,and by these presents do Grant, Sell and Convey unto the said s® 601 City of Wylie Ia. ='I of the County of Dallas , State of Texas , all that certain 11imil - R.O.W. DEDICATION as described in EXHIBIT "A" (see attached) wei - j Q Gk 111 l� TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights h and appurtenances thereto in anywise belonging unto the said City of Wylie and its successors c hem and assigns forever; and I do hereby bind my ' . heirs, executors and administrators, to Warrant and Forever Defend all and singular the said premises '- unto the said City of Wylie and its successors t rcv lit,z he1 S and assigns, against every person whomsoever lawfully claiming, or to claim the same or any part °�' Y, .:�� thereof. 51 Witness my hand at Irving, Texas nilif this 18th day of November A. D. 19 86 l"El Witnesses at Request of G an r: q - s4Z2/172/ /7 J22 r) P\---- ; j > .Aer .-, J Rog r Finholt i THE STATE E OF TEXAS COUNTY OF COLL I N BEFORE ME, a Notary Public in and for County, Texas, on this day personally appeared known to me to be the person; who- e name is subscribed to the foregoing instrument , and acknowledged to me that _- executed the same for the purpose and consideration herein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , 19___ Notary Public , Counnty, Texas My commission expires the ________ day of --- - , 19___ ACCEPTED FOR THE CITY OF WYLIE THIS tie day c.f _ , 19___ CITY OF WYLIE Cha-rTes Trimble-Mayor ATTESTED: Carolyn Jones, City Secretary Date __ __--_---_-__-- EXUIGll "A" H. O. W. bEUICAT]UN BEING a part of the 61 ' 665 acre tract of land situated in the Elisha M. Price Survey , Abstract No. 1114, and conveyed to Roger Finholt as recorded in Volume 85142, Page 3537 , Deed Records of Dallas County, Texas, and Volume 234, Page 352, Deed Records of Rockwall County, Texas , and being more particularly described as follows: COMMENCING at a 1 /2 inch iron rod found at the south corner of the said 61 . 665 acre tract; THENCE in_ a northwesterly direction along the southwest property line of the said 61 . 665 acre tract North 45 degrees 36 minutes 23 seconds West , a distance of 1335. 45 feet to a 1/2 inch iron rod set for corner; THENCE leaving the said southwest property line in a northeasterly direction North 45 degrees 52 minutes 02 seconds East , a distance of 1305. 63 feet to a 1/2 inch iron rod set for the POINT OF BEGINNING and being the center line of Vinson Road; ' THENCE in a northwesterly direction North 44 degrees 36 minutes 56 seconds West , a distance of 1439. 17 feet to a 60d nail , being the centerline of Vinson Road , for a corner; THENCE in a Southeasterly direction South 14 degrees 17 minutes 44 seconds East , a distance of 64. 38 feet to a 1/2 inch iron rod for corner; THENCE in a southeasterly direction South 44 degrees 36 minutes 56 seconds East , a distance of 1383. 32 feet to a set point for a corner; THENCE in a Northeasterly direction North 45 degrees 52 minutes 02 seconds East , a distance of 32. 50 feet to the POINT OF BEGINNING, and containing 45,864 square feet of land more or less. ' _~�` _' POINT OF BEGINNING FND 60d NAIL N 44° 36' 56'1 w VINSON ROAD 14 9.17' I/ I R SET I/2"I.R. SET S 44° 36'56° E 1383.32' j' 1/2" 1 • �� SET N 45° 52 02 E S 14°17'44" E 32.50. 64.38' \NNN\ FINHOLT • • RECOMMENDATION FOR APPROVAL AND ACCEPTANCE Project Name and Location: RI li .c c9ifi e Phi. / i Date Started: 7- / - O So Date Compl ete /02 - 3 i- Lab and other tests: v// / Streets: // ,_54; a "fee- ,14/s4/4 ,// 7 4 .qe,t rat, ,/ All eys: gi/ /9//,,x /-T-€..e- ,w.s //•0/ Af// T<s,2, -'.e- ,ao- 1 Water Lines: g//,4Q I? A.ee4c.) 7 / e" /''Dfri-Ila4.7/ Wastewater Lines: A Man ho 1 es: g// - e • eve 1- 9�'¢�'� (ff, 00 Drainage: /T// 4frPiei 0 Stormsewage: ,i// pea/ We the under sign recommend the acceptence of this p " ct Sub Division Inspector J/1441- 7— /f'8 7 • n Date City Engineer ' O., '�' - `�� Sign e v Director of Public Works /- -.fi 7 ign ate Accepted by City Council Date 19 Final Inspection Prior to (1 ) year Date 19 Sign Remarks: Date of Notification 19 Person or Persons Notified