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05-25-1999 (City Council) Agenda Packet
NOTICE OF MEETING Wylie City Council Agenda Tuesday, May 25, 1999 7:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North Wylie,Texas 75098 Item No. Agenda Item Action Taken Call to Order Invocation' Pledge of Allegiance Presentations & Proclamations Citizens Participation CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one notion. There will not be separate discussion of these items. If discussion is desired,that item will be removed form the consent agenda and will be considered separately. A. Approval of the Minutes from the Regular Meeting of May 11, 1999 and the Special Called Meeting of May 13, 1999. ITEMS FOR INDIVIDUAL CONSIDERATION Public Hearing 1. Hold the Second of Two Public Hearings for the Annexation of all of a certain 136.339 Acre tract situated in the William Patterson Survey, Abstract No. 716, Collin County, Texas and being a portion of a 157.53 acre tract of land according to the deed recorded in Volume 254,Page 563 of the Deed Records of Collin County,Texas (DRCCT). Presentation by Mr. Tobin Maples, Planning Director Award of Contract 2. Consider and act upon the award of a contract for the relocation of two 15" sewer lines located under the proposed KCS rail alignment. Presentation by Mr. Chris Holsted, The Hogan Corporation Approval of an Ordinance 3. Consider and act upon approval of an Ordinance granting a franchise to CoSery Gas Company. Presentation by City Staff&CoSery Representative Approval of By-Laws 4. Consider and act upon the approval of the amendments to the Wylie Economic Development Corporation By-Laws. Presentation by Mr. Sam Satterwhite, WEDC Staff Liaison Item No. Agenda Item Action Taken Staff Reports Work Session Discuss&consider Special Events Regulations. Executive Session Hold Executive Session under Section Under Chapter 551., Subchapter 551.074. Personnel Matters,Appointments to the Ambulance Board,Construction Code Board,Library Board,Parks and Recreation Board,Parks and Recreation Facilities Development Corporation Board,Planning and Zoning Commission,Zoning Board of Adjustments and the Wylie Economic Development Corporation and Section 551.072, Deliberation Regarding Real Property and SS 551.075, Conference with Employees to receive information from the employees or question the employees. Reconvene into Open Meeting Take any action as a result of Executive Session. Adjournment. In addition to any specifically identified Executive Sessions, Council may convene into Executive Session at any point during the open meeting to discuss posted agenda items allowed by exception under Chapter 551 of the Open Meetings Act Specific sections of the Open Meetings Act will be identified and announced should Council elect to convene into Executive Session. I certify that this Notice of Meeting was posted on this the day of , 1999 at 5:00 p.m.as required by law in accordance with Section 551.042 of the Texas Government Code. City Secretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees. Must be requested 48 hours in advance by contacting the City Secretary's Office at 972/442-8100 or TDD 972/442-8170. PageA of MINUTES Wylie City Council Tuesday, May 11, 1999 - 7:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North,Wylie Texas I Call to Order Mayor Mondy called the Cite Council Meeting to order.Tuesday,May 11, 1999 at 7:00 p.m. with the following Councilmembers present: Joel Scott. Lavern Ramsey, Merrill Young, J.C. Worley and Chris Trout. Councilwoman Allen was absent. Staff members present were: Mike Collins.City Manager; Mindy Manson,Assistant to the City Manager; Brady Snellgrove,Finance Director and Barbara Salinas, City Secretary. Invocation Councilman Scott was asked to give the invocation. Pledge of Allegiance Councilman Young was asked to lead the Pledge of Allegiance. Presentations & Proclamations Presentation by Chief Butters Chief Butter gave a brief presentation on the CAD system installation. He provided Council with an overview of how the system will benefit the community. Chief Butters estimates a completion date of June or July, 1999. Chief Butters advised Council that he would be bringing forth a status report on Direct Alarm Monitoring once the CAD is successfully installed. There was some discussion regarding regional participation and marketing. Chief Butters stated that we currently issue approximately 700 permits annually and are currently averaging 20-30 new alarm permits per month. Citizens Participation Mr. James Wright Mr.Wright expressed his opposition to any amendment that would allow Ballard Street to be closed for special events. Mr. Wright specified_ Saturdays. Mr. Gary Bowland Mr. Bowland's comments were specific to the downtown garage sale which the Downtown Merchants held on a Saturday. Mr. Bowland felt that the Merchants needed look into other ways to develop business due to the effect that this had on downtown businesses. Mr. Bowland cited limited parking as an issue. Election of Mayor Pro Tem Councilman Swartz made a motion to nominate Councilman Worley as Mayor Pro Tem. Councilman Young seconded the motion. A vote was taken and the motion passed, 5-0. Councilman Worley abstained. Wylie City Council Minutes May 11,1999 Page 1 Consent Agenda A. Approval of the Minutes from the Regular Meetings of April 13 and April 27, 1999 and the Special Called Meeting of May 4, 1999. Councilman Scott asked that the following corrections be made to the Minutes. 1) Page 4 of the Minutes from April 13 needs clarification as to who addressed the item. 2) Page 1 of the Minutes from April 27, 1999 needs to reflect a 6-0 vote on Item No. 1, as Councilman Young was not present to vote. With no further corrections,Councilman Scott made a motion to approve the Minutes from the Regular Meeting of April 13 and April 27 and the Special Called Meeting of May 4, 1999, Item A on the Consent Agenda. Councilman Worley seconded the motion. A vote was taken and the motion passed,6-0. Items for Individual Consideration Approval of Resolutions 1. Consider and act upon authorizing the City Manager to execute an agreement with the Kansas City Southern Railway Company for the installation of a new crossing surface and flasher signals with gates. Mr.Collins stated that Mr. Matt Robinson of Carter Burgess was in the audience should Council have questions regarding this item. There was some discussion regarding the time frame. Mr. Robinson stated that it would be three months to complete road surface prior to installation of signals. Councilman Trout made a motion to authorize the City Manager to execute an agreement with the Kansas City Southern Railway Company for the installation of a new crossing surface and flasher signals with gates. Councilman Worley seconded the motion. A vote was taken and the motion passed,6-0. RESOLUTION NO.99-14 A RESOLUTION BY THE WYLIE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT FOR THE INSTALLATION OF THE NEW CROSSING SURFACE AND FLASHER SIGNALS WITH GATES BETWEEN THE CITY OF WYLIE AND THE KANSAS CITY SOUTHERN RAILWAY COMPANY. At 7:30 p.m.,the Mayor called for a five minute recess after which the Council would convene into Worksession in the Council Conference Room. Worksession Discussion on authorizing the City Manager to enter into a contract between the City of Wylie, the Town of St. Paul, and Baron Cook for the provision of sewer services. Mr. Collins stated that the City of Wylie had been approached several months ago by a land developer who owns a 165 acre tract of land located in St. Paul and immediately adjacent to the City of Wylie city limits. He stated that staff has tried to deal with this issue and make a generic policy that could be applied to others,in the form of a contract. Wylie City Council Minutes May 11,1999 Page 2 Mr. Collins explained that at some undetermined time in the future, properties located in areas adjacent to the City of Wylie's limit may he incorporated into the City of Wylie's jurisdiction and there is a possibility that at some undetermined time in the future, the TNRCC may no longer permit septic tanks to be installed. A situation such as this would all but mandate communities with septic systems to either develop their own sanitary sewer systems or cooperate with a neighboring city that already provides that service. The development and adoption of this contract could apply to any properties adjacent to the city's limits currently located in any neighboring city. Mr.Collins stated that this policy would establish that even though the neighboring cities have their own set of ordinances consistent with their General Law Charter, the raw land being developed would be platted consistent with all City of Wylie standards regulating the installation, maintenance, and operations of sanitary sewer service. If, for example, the property were located in the Town of St. Paul, its Planning & Zoning Commission and City Council would approve the plat using City of Wylie standards. No septic tanks would be allowed now or in the future within the designated subdivisions. Mr. Collins explained that the City of Wylie Wastewater crews would be responsible for maintenance and repair, just as they are responsible for the system within the City of Wylie and that the City of Wylie will inspect and accept the sewer line construction and require the governing body to not approve or file the plat or issue building permits if improvements are not accepted by the City of Wylie. Mr. Collins stated that the Wylie Northeast Water Supply Corporation provides water service to this area and that the current City of Wylie sewer rate structure would apply to these new customers, including a sewer pass through. In addition to the regular sewer rate, a fifteen percent ((5%) surcharge will be assessed. Council expressed concerns regarding our collection of the sewer pass through fee and asked staff to review the • ordinance and research the legality of said collection. There was clarification as to the location. Before convening into Regular session,Mr.Baron Cook asked that it be clarified that the only the sanitary sewer would need to meet the requirements of the City of Wylie and that they would adhere to the City of St.Paul for all remaining standards and procedures. The Mayor reconvened into Regular session. 2. Consider and act upon authorizing the City Manager to enter into a contract between the City of Wylie, the Town of St. Paul, and Baron Cook for the provision of sewer services. Councilman Swartz made a motion to authorize the City Manager to enter into a contract between the City of Wylie, the Town of St. Paul, and Baron Cook for the provision of sewer services. Councilman Young seconded the motion. A vote was taken and the motion passed, 6-0. Staff Reports Mr. Mike Collins, City Manager reported on the upgrade estimates to the Council Chambers including modifications to the audio and electronic voting systems. Ms.Manson,Assistant to the City Manager reported that in reference to the Citizens Participation this evening, staff has done some research on special events and is in the process of putting together for Council's review,a sample policy pertinent to downto‘'n events. Wylie City Council Minutes May 11,1999 Page 3 Mr. Collins advised Council that the staff would be holding a workshop all day Friday. Council had concerns regarding the drainage easement on Callie Court and asked that we contact Hogan and review the plans. Council had a request that animal control provide the number of animal pick ups within their reports, a 90 day calendar that includes Budge time line; Scheduling of the next meeting with WISD; and suggestion of an annual calendar similar to that of WISD l Executive Session The Mayor then convened into Executive Session in accordance with Chapter 551, Government Code,Vernon's Texas Codes Annotated (Open Meeting Law). Section 551.072, Deliberation Regarding Real Property and SS 551.075,Conference with Employees to receive information from the employees or question the employees. Reconvene into Open Meeting No action was taken as a result of the Executive Session. Adjournment. As there was no further business to come before the Council, the meeting was adjourned at 10:00 p.m. John Mondy,Mayor Attest: Barbara A. Salinas, City Secretary Wylie City Council Minutes May 11,1999 Page 4 MINUTES Wylie City Council Special Called Meeting Thursday, May 13, 1999 - 7:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North,Wylie Texas Call to Order Mayor Mondy called the Special Meeting of the Wylie City Council to order,Thursday,May 13, 1999 at 7:00 p.m. with the following Councilmembers present: Joel Scott,Reta Allen,Lavern Ramsey,Merrill Young,J.C. Worley and Chris Trout. Staff members present were: Mike Collins,City Manager; Mindy Manson,Assistant to the City Manager; Brady Snellgrove,Finance Director and Barbara Salinas, City Secretary. Invocation Councilman Scott was asked to give the Invocation. Pledge of Allegiance Councilman Trout was asked to lead the Pledge of Allegiance. Citizens Participation There was no citizens participation. Items for Individual Consideration Public Hearing 1. Consider and Act Upon an Ordinance Annexing all of a certain 136.339 Acre tract situated in the William Patterson Survey, Abstract No. 716, Collin County, Texas and being a portion of a 157.53 acre tract of land according to the deed recorded in Volume 254,Page 563 of the Deed Records of Collin County,Texas (DRCCT). Mr. Tobin Maples,Planning Director addressed this item. Mr. Maples stated that the City of Wylie has received a request for annexation from Kurtz-Bedford Associates, Incorporated,for Barbara D. Wilkinson on a 136.339 acre tract generally located along the west side of FM 1378 across the street from the Newport Harbor development. He stated that the applicant is requesting annexation in order to enable development of the property utilizing City of Wylie utilities and has indicated a contract to develop the property has been issued. Mr.Maples advised that before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two (2) public hearings at which persons interested in the annexation are given the opportunity to be heard. He explained that two (2)public hearings have been scheduled for May 13, 1999 and May 25, 1999,City Council Meetings and that the date for the institution of the annexation proceedings has been scheduled for June 22, 1999. Wylie City Council Minutes May 13,1999 Page 1 Mr. Maples concluded that should the City' Council approve the annexation request, the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council and that the procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. The Mayor then opened the Public Hearing and asked that anyone wishing to speak either in favor or opposition of the annexation request to come forward and state their name and address, limiting their comments to five minutes. Mr. Tony Krause,Representing Owner/Applicant D.R.Horton. Mr. Tony Krause expressed their support of the proposed annexation. With no further response, The Mayor then closed the Public Hearing. Staff Reports Mr. Collins reported a request from Councilman Worley regarding no parking on Kreymer Lane. Mr. Collins stated that the Police Department and traffic engineer have evaluated the situation and agree that it would be a good idea to eliminate parking on Kreymer Lane. Mr. Collins stated that they would give notice to property owners who would be effected and notify that this would be effective the first or second week in June. Council had concerns regarding the residents accommodation for visitor parking, and width of street compared to others. The Mayor asked for costs to widen the street on the East side to accommodate parking. Mr. Collins stated that this is a temporary situation that should be eliminated when the street is widened. Councilman Swartz asked about the Truck Route signs on Brown Street. Councilman Scott mentioned the concerns with Brown Street is the turning situation from Brown onto State Highway 78. Mr. Collins stated that when Council talked about taking the truck traffic away from the downtown area it was suggested that we wait until improvements are made to the Brown Street/S.H. 78 intersection due to the turning radius. The Mayor then convened into Worksession at 7:15 p.m. Worksession Discussion of Future Annexation Possibilities & Other Related Annexation Issues. Mr.Tobin Maples,Planning Director provided Council with results of a survey conducted to determine the role of the Planning and Zoning Commission with regard to the annexation process. Mr. Maples stated that at one time the Commission held one of the two required public hearings,however,most municipalities have eliminated this and both public hearings are conducted by Council. He did stated that the Commission can be actively involved in the long term planning of annexations, and may be more so should pending legislation pass. Mr. Maples presented a map indicating all recently annexed areas. Mr. Maples stated that Staff brought forward approximately 38 parcels out of the 170 that were identified as possible annexations. Mr. Maples stated that the remaining 140 parcels are those we do not have complete legal descriptions. Mr. Maples suggested that we may opt to hire a surveyor and title research company to provide the necessary information to proceed. He explained that the title research company could provide some of the legals, however, some parcels have been sold off, requiring a surveyor. Mr. Maples stated that the majority would require a surveyor. Wylie City Council Minutes May 13,1999 Page 2 Council determined that all future annexations should be concentrated on areas that we can serve. Mr.Maples explained that the pending legislation would require municipalities to adopt a three year annexation plan before any annexations could be initiated. He stated that he would keep Council informed on the ramifications of any Bills passed that would effect future annexations. Adjournment. As there was no further business to come before the Council,the meeting was adjourned at 8:20 p.m. John Mondy,Mayor Attest: Barbara A. Salinas, City Secretary Wylie City Council Minutes May 13,1999 Page 3 WYLIE CITY COUNCIL AGENDA ITEM NO. / May 25, 1999 Issue: Hold the Second of Two Public Hearings for the Annexation of all of a certain 136.339 Acre tract situated in the William Patterson Survey, Abstract No. 716, Collin County, Texas and being a portion of a 157.53 acre tract of land according to the deed recorded in Volume 254,Page 563 of the Deed Records of Collin County, Texas (DRCCT). Background: The City of Wylie has received a request for annexation from Kurtz- Bedford Associates, Incorporated, for Barbara D. Wilkinson on a 136.339 acre tract generally located along the west side of FM 1378 across the street from the Newport Harbor development. The applicant is requesting annexation in order to enable development of the property utilizing City of Wylie utilities and has indicated a contract to develop the property has been issued. Staff has held preliminary discussions with the applicant regarding the use and zoning of this property and anticipate a request for rezoning subsequent to Council approval of the annexation request. Should the City Council approve the annexation request, the property will be temporarily zoned as A(Agricultural)until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings, the governing body of the municipality must conduct two (2) public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing and institution schedule. As your can see, the two (2) public hearings have been scheduled for the May 13, 1999, and May 25, 1999, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for June 22, 1999. Notice published for the first public hearing: April 28, 1999 First Public Hearing: May 13, 1999 Notice published for the second public hearing: May 12, 1999 Second Public Hearing: May 25, 1999 Institution date (Adopt Ordinance): June 22, 1999 Financial Considerations: According to the Collin County Central Appraisal District, the marketing value of the property is $520,000.00 with an accessed taxable valuation of$23,794.00. 1 Other Considerations: Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered, under Section 43.056 of the Local Government Code, for provisions of Services to the annexed area and use it as directed in said statute (see attached service plan). Commission Recommendation: Not applicable Staff Recommendation: Approval Attachments: Applicant's letter Exhibit "A" legal description City limits boundaries map Service Plan Annexation Ordinance fino,K, (.-66k') 1b144- Prepared by Revi ed by Finance City Manager's Approval 2 •' • • • January 21, 1999 CITY OF WYLIE 2000 Highway 78 North Wylie, Texas 75098 Attn: Mr. Mike Collins, City Manager . Dear Mr. Collins: _ • „. . This letter shall serve as my request for an annexation on the property described on Exhibit "A" attached hereto. \ Sincerely, A • Barbara D. Wilkinson 3830 Douglas Garland, Texas 7.5-49r/ 972-278-7049 Kurtz — Bedford Associates, Inc. ©14&T CONSULTING ENGINEERS-SURVEYORS 4222 Rosehill Road - Suite No.2 Garland,Texas 75043 972-240-5999 Fax 972-240-4466 352 Cedar Crest Drive Coppell,Texas 75019 972-462-7441 Fax 972-462-7661 January 25, 1999 Mr. Tobin Maples,Planning Director City of Wylie /�l�a /�114' <' 2000 Highway 78 North Wylie, Texas 75098 RE: Barbara Wilkinson- 130 Acre Annexation Request /e/(f Dear Mr. Maples: Please find enclosed the following: Letter dated January 21,.1999 from Barbara Wilkinson requesting annexation Exhibit"A"-legal descnpton:for tract • Location Map for your use By these documents,Ms. Wilkinson is requesting annexation. Please fax me a schedule for council .` meetings that this item will be considered. Sincerely, Kurtz-Bedford Associates, Inc. Oel\'‘-(7 /(LC2A46 — Tony Krauska,P.E. Garland Project Manager cc: Barbara Wilkinson Steve Topletz • • EXHIBIT "A" 136.339 Acres -William Patterson Survey -Abstract No. 716 FIELD NOTE DESCRIPTION 02./12/99 BEING a 136.339 acre tract of land situated in the William Patterson Survey,Abstract Number 716, Collin County, Texas and being a portion of a 157.53 acre tract of land according to the deed recorded in Volume 254, Page 563 of the Deed Records,'of Collin County, Texas(DRCCT)and being more particularly described as follows: BEGINNING at a one inch iron pipe found for the southeast corner of a 29.07 acre tract of land according to the deed recorded•in Volume 687,Page 261 (DRCCT)and being located in the westerly right-of-way line of F.M. 1378 (a 90 feet wide right-of-way); THENCE along the westerly right-of-way line of said F.M. 1378 as follows: SOUTH 00°08'34" EAST a distance of 513.79 feet to a 5/8 inch iron rod set for the beginning of a curve to the right having a radius of 1,864.86 feet, a chord bearing of South 03%%d40'27" West and a chord length of 248.22 feet; Along said curve to the right through a central angle of 07°37'55" for an arc length of 248.40 feet to a 5/8 inch iron rod set for the point of tangency; SOUTH 07°29'25"WEST a distance of 296.00 feet to a 5/8 inch iron rod set for the beginning of a curve to the left having a radius of 1,954.86—feet,.a chord bearing of South 04%%d17'56" West and a chord length of 217.70 feet; =R, Along said curve to the left through a central angle of 06°23'02" for an arc length of 217.81 feet to a 5/8 inch iron rod set for the point of tangency; SOUTH 01°06'25" WEST a distance of 969.65 feet to a 3/8 inch iron rod found for the northeast corner of a 100.00 acre tract of land according to the deed recorded in Volume 883. Page 628 (DRCCT); THENCE departing the westerly right-of-way line of said F.M. 1378 NORTH 89°40'14" WEST a distance of 2,617.12 feet to a one inch iron pipe found for the northwest corner of said 100.00 acre tract of land; THENCE NORTH 63°30'26" WEST a distance of 28.19 feet to a 1/2 inch iron rod found for the southeast corner of a 207.452 acre tract of land according to the deed recorded in Volume 860, Page 381 (DRCCT); THENCE along the easterly line of said 207.452 acre tract of land as follows: NORTH 02°44'29"EAST a distance of 993.36 feet to a 5/8 inch iron rod set for corner; NORTH 01°46'26"WEST a distance of 804.78 feet to a 5/8 inch iron rod set for corner; NORTH 03°42'09"EAST a distance of 423.02 feet to a wood fence post found for the southwest corner of a 9.0 acre tract of land according to the deed recorded in Volume 390, Page 100(DRCCT); NORTH 89°02'17" EAST a distance of 460.09 feet to a wood fence post found for the southeast corner of said 9.0 acre tract of land and the southwest corner of said 29.07 acre tract of land; THENCE along the southerly line of said 29.07 acre tract of land as follows: SOUTH 89°12'27"EAST a distance of 1,297.76 feet to a 5/8 inch iron rod sec for corner; NORTH 89°40'00" EAST a distance of 923.00 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 136.339 acres or 5,938,946 square feet of land, more or less. t • • • "EXHIBIT B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO. DATE OF ANNEXATION ORDINANCE: June 2, 1999_ ACREAGE ANNEXED: 136.339 ACRES SURVEY, ABSTRACT& COUNTY: _William Patterson Survey_ _Abstract Number 716 _Collin County, Texas Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the wit)at the following levels and in accordance with the following «,4 schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty(60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection equipment by the present personnel and the present equipment of the Fire Department,within the limitations of available water and distances from existing fire stations,and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty(60) days of the effective date of the annexation ordinance. 1 "EXHIBIT B" 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilisation and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or . upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty(60) days of the effective:date of the annexation ordinance. These ordinances and regulations willbe enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty(60) days of the effective date of the annexation ordinance. 2. Inspection services including the review of building plans,the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with the City codes and ordinances will be provided within sixty(60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty(60) days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty(60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. 2 C:Annex.ltr "EXHIBIT B" E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the • effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks,playgrounds, swimming pools and other recreational facilities within this property shall,upon dedication to and acceptance by the City, be maintained and operated by the City, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection `shall be provided to the property in accordance with existing City policies,beginning within sixty(60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty(60) days of the effective date of the annexation ordinance. G. STREETS • 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications,that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3 C:Annex.ltr "EXHIBIT B" 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. • H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable ordinances and regulations. City participation in the costs of these extensions shall liein accordance with the applicable City ordinances and regulations. Such extensions wcillbe:commenced within two (2)years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within approved dedicated easements shall be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in approved dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable City ordinance and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 4 C:Annex.ltr • "EXHIBIT B" J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60)days of the effective date of the annexation ordinance, • whichever occurs later. 2. General municipal administration services of the City shall be available to the annexed area beginning within sixty(60)days of the effective date of the annexation ordinance. 3. [ADD IF VOLUNTARY ANNEXATION:The parties agree that because of the size or projected manner of development by the owner and/or developer, it is not reasonably expected and the parties do not require construction of capital improvements to be substantially completed within four and one-half(4-1/2)years. NOTE: owner will sign Service Plan if the annexation is voluntary.]. 4. Notwithstanding,_anything set forth above, this Service Plan does not require all municipal services--be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. is 5. The Service Plan is valid for ten(10)years from the effective date of the Ordinance. Owner Signature 5 C:Annex.ltr CITY OF WYLIE, TEXAS ORDNANCE NO. AN ORDINANCE ANNEXING A 136.339 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE WILLIAM PATTERSON SURVEY, ABSTRACT NO. 716, BEING A PORTION OF A 157.53 ACRE TRACT OF LAND ACCORDING TO THE DEED RECORDED IN VOLUME 254, PAGE 563 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS (DRCCT); PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021, Local Government Code and City of Wylie, Texas' ("Wylie") Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property") to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code, the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and 3 Ordinance No Page 2 WHEREAS, the City Council finds that the service plan has been prepared in full compliance with Section 43.056, Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS, the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth(20th) day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: 4 Ordinance No Page 3 SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. 5 Ordinance No Page 4 SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1999. JOHN MONDY, Mayor 6 ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News 7 WYLIE CITY COUNCIL AGENDA ITEM NO. . May 25, 1999 Lunt Consider and act upon the award of a contract for the relocation of two 15" sewer lines located under the proposed KCS rail alignment. Background As a result of the recent acquisition of the old Service Center property by Kansas City Southern Railway and their proposed new rail alignment, it is necessary to relocate two existing 15" sewer lines. The existing sewer lines will be relocated and combined into one larger sewer main from the north end of the old Service Center property, south across FM 544 to SH 78. Also, due to the relocation and reconstruction of a box culvert located in FM 544 just west of Cooper Drive, it is necessary to relocate an existing 15-inch sewer line from FM 544 to SH 78. Due to the age and condition of the existing sewer lines, the City must move quickly to relocate them so construction of the new KCS rail line can begin. The sewer lines also must be relocated before the construction of FM 544 begins in July. Competitive sealed bids have been solicited and received for the construction of approximately 630 feet of 30-inch sewer line, 825 feet of 24-inch sewer line, and 1,050 feet of 15-inch sewer line. Alternate bids were invited to relocate a section of 8-inch water line located along the north side of FM 544. A bid tabulation id provided as an attachment. The lowest responsive bidder is Mid-Continent Excavation Inc., with a base bid of$349,360.00 for the construction of the sewer line and an alternate bid of$12,490.00 for the construction of an 8-inch water line. Financial Considerations Through negotiations with KCS Railroad, the City has received participation from the KCS in the amount of$80,000. Due to TxDOT requirements, the installation of the sewer line across FM 544 was bid as a bore. However, the railroad will be constructing the box culverts and the rail crossing simultaneously with the sewer line installation, which will allow the City to install the sewer line crossing by an open cut method. The City has received authorization from TxDot to use the open cut method. The projected savings could range from $30,000 to $50,000 when the field change order is negotiated with the contractor. The City Council approved on April 27, 1999 as a part of the mid-year budget amendments, $350,000 for the above sewer and water line relocations. Other Considerations The solicitation of competitive sealed bids was conducted in accordance with Chapter 252.021 of the Texas Local Government Code. The City Attorney will be drafting a financial agreement with KCS Railroad establishing a specific financial contribution from KCS for the relocation of the sewer line. 1 Board/Commission Recommendations N/A Staff Recommendations Staff recommends that Council award a contract to Mid-Continent Excavation Inc., to provide all equipment, labor and materials for the construction of approximately 2,500 feet of sanitary sewer line and 335 feet of 8-inch water line in the total bid amount of$361,850.00 Attachments Bid tabulation Letter from The Hogan Corporation rr • Prepar:. b Appro by Finance City M ager's Approval 2 1111 WYLIE CITY COUNCIL AGENDA ITEM NO. . May 25, 1999 I Consider and act upon approval of an ordinance granting a franchise to CoSery Gas Company. Background This item was first presented to Council on April 13, 1999. At the request of Staff, the item was tabled indefinetly. CoSery Gas Company, an affiliate of Denton County Electric and CoSery Communications, has requested a franchise agreement to provide natural gas service within the City of Wylie. CoSery intends to make its initial entry into this market by providing gas service to Pulte Homes' Lakeside Estates Phase I. The site of this new subdivision, which will consist of approximately 400 homes, is generally located at the Northwest corner of FM544 and Springwell Parkway (Marshall Lane). Using the Lone Star Gas franchise as a starting point, staff drafted a proposed franchise ordinance. The terms of the agreement were altered only with respect to the gas company's responsibilities for the restoration of public lands or rights of way when these are disturbed by construction or repairs. After a review by the City Attorney, the ordinance was rewritten to further strengthen the City's position and close certain loopholes in the calculation of franchise fees. The proposed three percent franchise fee is the same as that currently collected from Lone Star Gas. The expiration date of the five-year CoSery franchise will coincide with the expiration of the Lone Star franchise. The City will be in a position to negotiate a more favorable fee from both of these utilities when their franchises come up for renewal. A copy of the proposed franchise ordinance is attached. Financial Considerations CoSery will initially be providing natural gas service to approximately 400 homes. An average monthly bill of$30 per home will generate $144,000 of annual gross revenues for CoServ. The annual franchise fee due the City would be approximately $4,320. Other Considerations Article X, Section 1 of the City Charter states that the City has the power to regulate public services and utilities within the City as granted under the constitution and laws of the State of Texas. Article X, Section 2 of the City Charter grants the City Council the power to grant, renew and extend all franchises of a public service operating within the City. Board/Commission Recommendation N/A Staff Recommendation Staff recommends the adoption of the proposed ordinance granting a franchise to CoSery Gas Company to provide natural gas service in the City of Wylie. 1 Attachments Proposed Franchise Ordinance. Summary of City Franchise Agreements Prepared by Revie by Finance City ager Approval 2 CITY OF WYLIE ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, GRANTING TO COSERV GAS COMPANY, AN AFFILIATE OF DENTON COUNTY ELECTRIC, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO FURNISH AND SUPPLY GAS TO THE GENERAL PUBLIC IN THE CITY OF WYLIE, COLLIN AND DENTON COUNTY, TEXAS, FOR THE TRANSPORTING, DELIVERY, SALE AND DISTRIBUTION OF GAS IN AND OUT OF AND THROUGH SAID MUNICIPALITY FOR ALL PURPOSES; PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF THE STREETS, ALLEYS AND PUBLIC WAYS; REPEALING ALL PREVIOUS GAS FRANCHISE ORDINANCES WITH THIS COMPANY AND ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY, SAVINGS AND PENALTY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS the City Council is desirous of entering into a franchise agreement and passing a franchise ordinance granting to CoSery Gas Company a franchise to furnish and supply gas to the general public in Wylie, and for the transporting, delivery, sale and distribution of gas in, out of and through Wylie for all purposes; and WHEREAS the City Council investigated and determined that the granting of a franchise to CoSery Gas Company is in the best interest of the citizens of Wylie. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1: Incorporation of Findings. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. Section 2: Grant of Franchise by City. 2.1. Wylie (hereinafter called "City") hereby grants to CoSery Gas Company (hereinafter called "Company") a franchise and consents to use and occupy the present and ORDINANCE GRANTING FRANCHISE TO COSERV GAS COMPANY-Page 1 hcV:mbox4lwyIIelcoservwsu.ord1040599 future streets, alleys, highways, public places, public thoroughfares and grounds of City for the purpose of laying, maintaining, constructing, operating and replacing therein and thereon pipe lines and all other appurtenant equipment needed and necessary to deliver gas in, out of and through City and to sell gas to persons, firms and corporations, including all the general public, within City's corporate limits. 2.2 This franchise is granted for a term of five (5) years from and after the date that this ordinance shall become effective. 2.3 The rights, privileges and franchises granted by this Ordinance are not to be considered exclusive, and City hereby expressly reserves the right to grant, at any time, like privileges, rights and franchises as it may see fit to any other person or corporation for the purpose of furnishing gas for light, heat and power to and for City and the inhabitants thereof. City shall not grant any more favorable conditions, including franchise fee, to any other gas utility franchisee that are granted herein to Company. Section 3: Company's Responsibilities for Construction and/or Repair of its Gas Distribution System. 3.1. The location of all mains, pipes, laterals and other appurtenant equipment shall be consistent with ordinances and regulations of City as they may be, from time-to-time, amended or revised by any subsequent ordinance or regulation. 3.2. A permit shall be obtained from City prior to the initiation of any construction, repair, replacement or other act on or within the streets, alleys and/or public ways of City. Company shall lay, maintain, construct, operate and replace its pipes, mains, laterals and other equipment so as to cause as little interference as possible with traffic in City. Company shall ORDINANCE GRANTING FRANCHISE TO COSERV GAS COMPANY-Page 2 hc11:mbox44wyllelcoservwsu.ord1040699 within a reasonable time, or as required by any ordinance which may direct such timeliness, repair, clean up and/or restore, to an approximate original condition, at Company's expense, all streets, alleys, landscapes, grassed areas or any other surfaces or improvements existing in or on the streets, alleys and public ways of City disturbed during the construction or repair of its gas distribution system. 3.3. When Company shall make or cause to be made excavations or shall place obstructions in any street, alley and/or other public place, the public shall be protected by barriers and lights reasonably necessary to warn members of the public of the hazardous conditions and to protect their safety; said barriers and lights to be erected and maintained by Company consistent with the ordinances and regulations of City as may be, from time-to-time, amended or revised by any subsequent ordinance or regulation. 3.4. In the event of an emergency repair, City shall be notified as soon as possible after Company's notification, and in no event shall such notification and request for permit be later than the end of the next working day after the repairs are made or as prescribed by any ordinance or regulation governing such emergencies repairs. 3.5. Erosion and sedimentation shall be controlled in accordance with the ordinances and regulations of City, as may be, from time-to-time, amended or revised by any subsequent ordinance or regulation. Permanent erosion control shall be required upon completion of all work with the streets, alleys and public ways of City. 3.6 When Company is required to remove and/or relocate its mains, laterals and/or other facilities to accommodate City construction of streets and alleys (the "Relocation"), Company shall be entitled, upon submission of appropriate documentation, to reimbursement from City or others for reasonable costs and expenses of the Relocation, provided that City is ORDINANCE GRANTING FRANCHISE TO COSERV GAS COMPANY-Page 3 hcll:mbox41wyIIe\coservwsu.ordl040599 eligible for and receives reimbursement of the costs and expenses associated with the Relocation. If either Company or City is eligible for reimbursement of the costs and expenses associated with the Relocation under any reimbursement program as defined below, both Company and City agree to include in any application the other Party's related costs and expenses for the Relocation. The Parties shall provide reasonable notice to the other Party of the application deadline in order to provide an adequate opportunity for the submittal of its costs and expenses for inclusion in the application. A reimbursement program includes, but is not limited to the following, the Federal-Aid System (or any successor thereto) and any federal, state, county, local or other program that allows reimbursement for Relocation costs and expenses. Section 4: Services Rendered by Company and Its Ability to Charge Citizens and to Require Deposits. 4.1. Company shall furnish adequate and efficient service to the public at fair, just and reasonable rates and charges therefor; and Company shall maintain its property, equipment and appliances in good order and condition. 4.2. Company shall be required, at its own expense, to extend distribution mains in any public right-of-way up to fifty feet (50') for any residential customer but only if such customer, at a minimum, uses gas for un-supplemented space and water heating. Un- supplemented space and water heating means a residential customer that uses gas exclusively to heat its home and water without an electric source. 4.3. In addition to the rates charged for gas supplied and transported, Company may make and enforce reasonable charges, rules and regulations for services rendered in the conduct of its business, including a charge for services rendered in the inauguration of natural ORDINANCE GRANTING FRANCHISE TO COSERV GAS COMPANY-Page 4 hcU:mbox4lwyiielcoservwsu.ordl040599 gas service, and may require, before furnishing service, the execution of a contract therefor. However, all such charges, rules and regulations involving any consumer of gas within the corporate limits of City shall be subject to regulations, supervision and approval by the City Council as appropriate. Any such charges, rules and regulations being proposed by Company shall be submitted in writing to the city manager or his/her designated representative prior to instituting the charge, rule or regulation. Company shall have the right to contract with each customer, if customer so desires, with reference to the installation of and payment for any and all of the gas piping from the connection thereof with Company's main in the streets or alleys to and throughout the consumer's premises. Company shall own, operate and maintain all service lines, which are defined as the supply lines from Company's main to the consumer's meter where gas is measured by Company. The consumer shall own, operate and maintain all yard lines and house piping. Yard lines are defined as the underground supply lines extending from the point of connection with Company's customer meter to the point of connection with consumer's house piping. 4.4. Company shall be entitled to require from each and every consumer of gas, before gas service is commenced, a deposit in an amount calculated pursuant to Company's Quality of Service Rules as may be in effect during the term of this franchise, and which are incorporated, in their current form within this franchise agreement by reference as if incorporated in full. Said deposit shall be retained and refunded in accordance with such Quality of Service Rules and shall bear interest, as provided in Tex. Rev. Civ. Stat. Ann. art. 1440a as it may be amended from time to time. Company shall be entitled to apply said deposit with accrued interest, to any indebtedness owed Company by the consumer making the deposit. ORDINANCE GRANTING FRANCHISE TO COSERV GAS COMPANY-Page 5 hcU:mbox4lwylie\coservwsu.ord1040599 4.5. Company agrees that City may, at any time during the term of this Ordinance, employ expert assistance and advice in determining fair, just and reasonable rates to be charged by Company to its consumers in the corporate limits of City and in determining the extent to which Company is complying with the terms and conditions of this Ordinance. Section 5: Terms of Payment of Franchise Fee to City. 5.1 Company agrees to deliver and pay to City, and City agrees to accept, annually, with the first payment being due and payable on or before the and continuing annually thereafter until , a sum of money which shall be equivalent to [1] three percent (3%) of the gross receipts received by Company from the sale of gas during each year to all its City Customers; and [2] three percent (3%) of any fees received by Company's local distribution center during each year for the transportation of gas to all its City Customers, regardless of the origination of the gas within Company's system of lines; and [3] three percent (3%) of the Transportation Purchase Price of any and all gas transported by Company to all of its City Customers during each year. 5.2 Each transportation customer ("Transportation Customer") of Company shall disclose to Company the purchase price of the gas. Should the Transportation Customer fail or refuse to disclose or furnish such purchase price to Company, Company shall establish the Transportation Purchase Price by utilizing 110% of the Houston Ship Channel Index of prices for large packages of gas published each month in Inside FERC's Gas Market Report (or a successor publication or another publication agreed upon by City and Company) for the period of time the transportation service is performed. Company shall use all due diligence in collecting from Transportation Customers any and all fees required by this franchise ordinance and/or agreement, but shall not be responsible for paying the fees to City if Company's ORDINANCE GRANTING FRANCHISE TO COSERV GAS COMPANY-Page 6 hcV:mbox4lwyllelcoservwsu.ord/040599 Transportation Customer refuses to pay. Provided, however, that if Company's Transportation Customer refuses to pay the fee imposed on the Transportation Purchase Price and remains delinquent in payment of such fee for a period greater than thirty days, Company shall be responsible for the uncollected fee on any gas thereafter transported through the rights- of-way of City to Company's Transportation Customer, but in no event shall the customer be relieved of its obligation to reimburse Company for any fees paid to City. 5.3 For the purpose of calculating said fees, the previous year's receipts will be the basis for such calculations; however, the payment made to City fulfills Company's obligation for the year in which payment is made. The payment shall be for the rights and privileges herein granted Company for that year, including expressly the right to use the streets, alleys and public ways of City. 5.4 Should any payment due date required by this agreement fall on a weekend or declared bank holiday, payment shall be delivered to City no later than the close of business on the day before the required due date contained within this Ordinance. 5.5 It is expressly agreed that the above-referenced payments shall be in lieu of any payments for the right to use the streets, alleys and public ways of City, including expressly, the charge permitted to be levied by Texas Tax Code §§182.021-182.026 and 182.081- 182.082 ("Tax Sections"), or any successor statute permitting such a charge, however designated. Should City not have the legal power to agree that the above-referenced payments shall be in lieu of all charges for the use of the streets, alleys and public ways of City of Wylie, City agrees to apply the percentage necessary from the above-referenced payments to satisfy Company's charges levied pursuant to the Tax Sections. ORDINANCE GRANTING FRANCHISE TO COSERV GAS COMPANY-Page 7 hcU:mbox4lwylielcoservwsu.ord1040599 5.6 If the law of the state is changed to provide for a greater charge than that agreed to in this franchise, City may, at its option, notify Company of its desire to amend this franchise and Company is required to enter into negotiations for such greater charge in lieu of the charge provided herein. Company shall use due diligence in negotiating such greater charge and shall not unduly inhibit such negotiations. 5.7 In order to determine the gross receipts received by Company for those categories identified in the preceding paragraphs of this Section, Company agrees that on the same date that payment is made, it will file with the City Secretary a sworn copy of a report itemizing revenues from each of the categories identified in the preceding paragraphs of this Section. Such report shall be in substantially the same form as Exhibit "A", attached hereto. City, or its designated representative, may, at City's option, examine the books and records of Company to ascertain the correctness of the reports filed herein. 5.8 Should technological, market-driven, regulatory or similar changes occur in the natural gas industry which create classes or categories of usage different from those enumerated in this Section, or should Company alter the means, methods or types of uses of the rights-of-way of City, or should City reasonably believe that the franchise fees contained in Sections 5.1 and/or 5.2 should be amended in order to not impair City's ability to receive an adequate franchise fee pursuant to this Ordinance, then City may initiate the renegotiation of the franchise fee provision of this Ordinance. Should City request a change to the franchise fee provision of this Ordinance, both parties agree to enter into a good faith negotiation. "Good Faith", for the purpose of this Ordinance, shall mean an objective, diligent, timely and responsible discourse on the issue(s) involved and a resolute attempt to settle the issue(s). Should, as a result of renegotiation, City and Company agree to a change in a provision of this ORDINANCE GRANTING FRANCHISE TO COSERV GAS COMPANY-Page 8 he I mbox4lwyiielcoservwsu.ord1040599 Ordinance, the change shall become effective immediately upon passage of an Ordinance by the City Council and execution of the amendment by Company. Both parties agree that passage and execution will be a mandatory act following renegotiation. Company agrees to provide any and all information requested (except that which is deemed proprietary by a court of competent jurisdiction) by City to assist in a determination of any changes in conditions, practices and/or services provided by Company through the use of the right-of-way of City. Section 6: Release and Indemnification. In consideration of the granting of this franchise, Company agrees that City shall not be liable or responsible for and Company does hereby release and agree to indemnify and hold harmless City from and against, all suits, actions, proceedings or claims of injury to any person or persons, or damages to any property, brought by or made on account of any death, injuries to or damages received or sustained by any person or persons or for damage to or loss of property arising out of, or occasioned by the construction, operation or maintenance of the gas distribution plant or system of Company, except to the extent caused by the negligence of City. In the event that any action, suit or proceeding is brought against City upon any liability arising out of the construction, operation or maintenance of the gas distribution plant or system of Company, City shall give notice in writing to Company by registered or certified mail. Upon receipt of such notice, Company shall, at its own expense, defend City in any action contemplated by this paragraph and take all steps as may be necessary or proper to prevent the obtaining of a judgment against City and/or will satisfy any judgment obtained against City. City agrees to cooperate with Company in connection with defending the action. ORDINANCE GRANTING FRANCHISE TO COSERV GAS COMPANY-Page 9 hcU:mbox4lwylielcoservwsu.ord1040599 Section 7: Forfeiture. 7.1. If Company fails to comply with the terms of this franchise, after sixty (60) days written notice, then City may compel compliance by suit in any court of competent jurisdiction and if, upon final judgment being entered in favor of City, Company still fails to comply with the terms of the franchise and the final judgment, City may compel compliance under penally of forfeiture hereof, with City having an option to purchase Company's property located in City at a fair market value should such forfeiture occur. In the event City chooses to purchase Company's property under penalty of forfeiture and City and Company cannot agree upon the fair market value of the property, then the fair market value of Company's property shall be established by a majority vote of three appraisers with one appraiser selected by Company, one appraiser selected by City and one appraiser selected by the other two appraisers. If the two appraisers are unable to agree upon the third appraiser, then the third appraiser shall be selected by order of a court of competent jurisdiction. 7.2 Company further agrees that if for any reason Company fails to pay the payments referenced in Section 5 of this Ordinance within thirty (30) days following written notice from City that Company has failed to make the payment, such failure shall be sufficient to permit City to forfeit the franchise without court action. Section 8: Amendment. 8.1 This Ordinance governing supplying gas to the general public of City may be amended at any time by the mutual written agreement of City and Company. 8.2 It is understood and agreed if an ordinance or agreement governing supplying gas is granted by the City to another company that provides for a franchise fee in an amount greater than the amount required to be paid by the Company pursuant to Section 5 herein, then ORDINANCE GRANTING FRANCHISE TO COSERV GAS COMPANY-Page 10 hcU:mbox4lwylielcoservwsu.ordl040599 Company's obligation under Section 5 shall be increased to the amount contained in the other ordinance, agreement and/or franchise not to exceed four percent (4%) of Company's gross revenues. 8.3 If Company's required franchise fee is increased as provided in paragraph 8.2 above, and the City subsequently grants to or renews a gas franchise with another gas company that requires a franchise fee in an amount lower than the amount required by the amendment pursuant to paragraph 8.2above, Company's franchise fee obligations shall be the lesser of(1) the amount contained in the subsequent ordinance, agreement, franchise and/or renewal, or (2) three percent (3%) of the Company's gross revenues as provided for under Section 5 above. 8.4 City shall give Company notice of every ordinance, agreement, franchise and/or subsequent ordinance, agreement, franchise or renewal affecting Company's obligations under Sections 5 and/or 8 of this Ordinance including without exception notice of the effective date and the amount of the franchise fee required under each such ordinance, agreement, franchise, and/or subsequent ordinance, agreement, franchise or renewal. Company shall thereafter be required to calculate its franchise fee payments to the City based upon the requirements of Section 5 and/or 8 hereof not to exceed four percent (4%) of the Company's gross revenues, beginning with the next full calendar quarter after receipt of the notice from the City. 8.5 The intent of the parties is that Company will be entitled to treatment comparable to that which was afforded under the ordinance or agreement with the other gas company(ies). The parties agree that at no time during the term of this Ordinance shall the franchise fee payment exceed four percent (4%) of Company's gross revenues. ORDINANCE GRANTING FRANCHISE TO COSERV GAS COMPANY-Page 11 hc11:mbox4lwylletcoservwsu.ord1040599 8.6 For the purpose of this section, City shall, on request of Company, provide Company a copy of any gas use ordinance, franchise or similar agreement it enters into with any other gas company during the term of this Ordinance. Section 9 : Miscellaneous Provisions. 9.1. All Ordinances and parts of Ordinances of the City of Wylie, Texas in conflict with the provisions of this Ordinance are hereby repealed. 9.2. The repeal of any Ordinance or part of Ordinance effectuated by the enactment of this Ordinance shall not be construed as abandoning any action now pending under or by virtue of such Ordinance or a discontinuing, abating, modifying or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any Ordinances at the time of passage of this Ordinance. 9.3. It is the intention of the City Council that this Ordinance, and every provision thereof, shall be considered severable, and the invalidity or unconstitutionality of any section, clause, provision or portion of this Ordinance shall not affect the validity or constitutionality of any other portion of this Ordinance. 9.4. Company shall file its written acceptance of this franchise ordinance within sixty (60) business days after passage by City. 9.5. The caption of this Ordinance shall be published in accordance with the laws of the State of Texas and in compliance with the City Charter of Wylie. 9.6. This franchise ordinance shall become effective thirty (30) days after its passage and publication, providing Company has filed with the City Secretary its written acceptance of this franchise ordinance prior to the effective date. ORDINANCE GRANTING FRANCHISE TO COSERV GAS COMPANY-Page 12 he I:mbox41wylietcoservwsu.ord1040599 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1999. JOHN MONDY, Mayor ATTESTED AND CORRECTLY RECORDED: APPROVED AS TO FORM: BARBARA SALINAS ABERNATHY, ROEDER, BOYD City Secretary & JOPLIN, P.C. City Attorneys RICHARD ABERNATHY IN WITNESS WHEREOF, both parties acknowledge and agree to be bound by the terms and conditions of the foregoing Ordinance. CITY OF WYLIE, TEXAS By: Date: JOHN MONDY Its: Mayor COSERV GAS COMPANY By: Date: Its: STATE OF TEXAS * COUNTY OF COLLIN * ORDINANCE GRANTING FRANCHISE TO COSERV GAS COMPANY-Page 13 hcU:mbox4lwylklcoservwsu.orcU040599 BEFORE ME, the undersigned authority, on this day personally appeared known to me to be one of the persons whose names are subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized representative for the CITY OF WYLIE, TEXAS, and he/she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1999. Notary Public in and for the State of Texas My Commission Expires: ORDINANCE GRANTING FRANCHISE TO COSERV GAS COMPANY-Page 14 hcV:mbox44wyIIelcoservwsu.ordl040S99 STATE OF TEXAS * COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared known to me to be one of the persons whose names are subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized representative for COSERV GAS COMPANY, and he/she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1999. Notary Public in and for the State of Texas My Commission Expires: ORDINANCE GRANTING FRANCHISE TO COSERV GAS COMPANY-Page 16 hcU:mbox41wylIelcoservwsu.ordf040699 EXHIBIT"A" CITY OF WYLIE ANNUAL FRANCHISE FEE PAYMENT COSERV GAS COMPANY For Year Ending: No. Of Subscribers by Class: (Less Subscribers Outside City Limits) Class: Number of Customers: Residential Commercial Industrial Public Authority Electric Generation Transportation Sales and Transportation Revenues in City of Wylie: Revenues: Residential Gas Sales Commercial Gas Sales Industrial Gas Sales Public Authority Gas Sales Gas Transportation Revenues for Gas Transported to Customers Total Sales and Transportation Revenues in City of Wylie: Plus: Purchase Price of Gas Transported by CoSery Gas Company to Customers in the City of Wylie Less Adjustments(Net Bad Debts): < > Adjusted Gross Revenues Franchise Rate x Adjusted Gross Revenues x 3% = Total Franchise Fee Amount: Franchise Fee Payment Amount: Authorized Signature Date ORDINANCE GRANTING FRANCHISE TO COSERV GAS COMPANY-Page 16 hcU:mbox4%wyttelcoservwsu.ord1040568 WYLIE CITY COUNCIL AGENDA ITEM NO. 4. May 25, 1999 Issue: Consider and act upon the approval of the amendments to the Wylie Economic Development Corporation By-Laws. Background: Over the past several months, the Wylie Economic Development Corporation Board of Directors have been considering amendments to the existing WEDC By-Laws. On March 23, 1999, the WEDC approved the attached amendments. As per the existing and proposed by-laws, any approved amendments by the WEDC will not become effective unless approved by the Wylie City Council. All bold lettering throughout the attached document identifies additions to the existing by-laws. A "strike through" indicates removal of existing language. Staff has outlined the changes to the existing by-laws as follows. Throughout the existing By-Laws, the corporation is referred to as the Development Corporation of Wylie. As of September, 1996 the Secretary of State officially recognizes this corporation as the Wylie Economic Development Corporation. Secondly, the qualifications for becoming a Board member should be clarified. As listed in Section 4.02, (a) and (b) describe the need for executive management experience. Section 4.02 © only requires serving or have served in a professional capacity. Of the above three criteria, a prospective Board member must meet at least one qualification. Staff believes that the authors of the By-Laws intended for Section 4.02 (e) and (d) to be requirements of Board membership and not qualifications. Section 4.02 (e) states that a Director must have lived or operated a business for one year prior to consideration for membership. Section 4.02 (f) states that a Director must live in the City Limits during the tenure in office. An individual could construe from Section 4.02 (e) that a minimum qualification for consideration is living within the City Limits. The WEDC Board has provided language which will clarify residency as a requirement and not a qualification. The final concern regards Section 4.06 of the By-Laws, Tenure. Since all initial terms are completed, no Board member may serve more than two consecutive terms of three years per term, or a maximum of six years. Staff believes that continuity, institutional memory, and leadership are important to the success of the WEDC. If a Board member wishes to serve additional terms with the blessing of the Wylie City Council, there should be no barriers. It is very clear that the Board serves at the pleasure of the Council and a member is not automatically appointed to a second term. With that safeguard in place, staff believes that term limitations is unnecessary. Finally, there are minor changes to Section 4.03 regarding the provision of adequate insurance for Board members, and Section 4.02 C(2) which allows the WEDC Board of Directors the opportunity to make recommendations the Wylie City Council regarding the filling of Board vacancies. 1 Financial Considerations: N/A Other Considerations: A review of the attached document was performed by Mr. Steve Clemons, WEDC legal counsel. Mr. Clemons has approved all amendments. Board Recommendation: The WEDC Board of Directors approved the attached amendments on March 23, 1999. Staff Recommendation: Staff recommends that the Wylie City Council approve the attached amendments to the WEDC By- . Laws. Attachments: WEDC By-Law amendments. Prepared by Revi d by Finance City Manager Approval 2 DRAFT#2 3-11-99 FIRST AMENDED BYLAWS OF DEVELOPMENT CORPORATION OF WYLIE, INC. WYLIE ECONOMIC DEVELOPMENT CORPORATION A NON-PROFIT CORPORATION WYLIE, TEXAS SECTION I OFFICES 1.01 Registered Office and Registered Agent The Corporation shall have and continuously maintain in the State of Texas a registered Office, and a registered agent whose Office is identical with such registered Office, as required by the Texas Non-Profit Corporation Act. The Board of Directors may, from time to time, change the registered agent and/or the address of the registered office, provided that such change is appropriately reflected in these Bylaws and in the Articles of Incorporation. The registered office of the Corporation is located at 2000 IIighway 78 Nei fit, 108 W. Marble, Wylie, Texas 75098, and at such address is the Corporation, whose mailing address is P.O. Box 428 1467, Wylie, Texas 75098. The registered agent of the Corporation shall be the President of the Corporation. 1.02 Principal Office The principal office of the Corporation in the State of Texas shall be located in the City of Wylie, County of Collin, and it may be, but need not be, identical with the registered office of the Corporation. SECTION II PURPOSES 2.01 Purposes The Corporation is a non-profit corporation specifically governed by Section 4A of Tex.Rev.Civ.Stat.art. 5190.6, as amended from time to time, (the "Texas Development Corporation Act of 1979"). The purpose of the Develohnrent CarpuratiIIn of Wyli Inc. Wylie Economic Development Corporation, is to promote and develop industrial and manufacturing enterprises to promote and encourage employment and the public welfare, in accordance with the Articles of Incorporation. 1 SECTION III MEMBERS 3.01 Members The Corporation shall have no members. SECTION IV BOARD OF DIRECTORS 4.01 Board of Directors The business and affairs of the Corporation and all corporate powers shall be exercised by or under authority of the Board of Directors(the"Board"), appointed by the governing body of the City of Wylie, and subject to applicable limitations imposed by the Texas Non-Profit Corporation Act, the Development Corporation Act of 1979, the Articles of Incorporation, or and these Bylaws. The Board may, by contract, resolution, or otherwise, give general or limited or special power and authority to the officers and employees of the Corporation to transact the general business or any special business of the Corporation, and may give powers of attorney to agents of the Corporation to transact any special business requiring such authorization. The Board may plan and direct its work through a Director of Economic Development, who will be charged with the responsibility of carrying out the Corporation's program as adopted and planned by the Board. The Board may contract with another entity for the services of a director. 4.02 Number and Qualifications The authorized number of Directors of this Board shall be five (5). The Directors of the Corporation shall be appointed by and serve at the pleasure of the Wylie City Council. The number of Directors shall be five (5). Each Director shall meet at least one (1) of the following qualifications: (a) serve, or have served, as Chief Executive Officer of a company; or (b) serve, or have served, in a position of executive management of a company; or (c) serve, or have served, in a professional capacity. (d) have-experience equivalent to any of the above qualifications. In addition to the above qualifications: (-e) (1) each Director must have lived in the City Limits or operated a business in the City Limits for a minimum of one (1) year; and 2 ff) (2) each Director must live in the City Limits during the tenure of office. The City Council shall consider an individual's experience, accomplishments, and educational background in appointing members to the Board to ensure that the interests and concerns of all segments of the community are considered. The Board may make recommendations of individuals to the council for appointment to the Board. 4.03 Bonds and Insurance (1) The President, __ P___:d ' Board i le1nbers corporation shall all give provide an official Liability Insurance a General Liability Policy, including Board Members, and a Public Officials Liability Policy for Board Members of not less than one million dollars ($1,000,000). The President, Vice President, and—Barad-Members corporation shall all also give provide a personal Fidelity Bond covering all employees and Board Members of not less than one hundred thousand dollars ($100,000.00). The bonds and insurance referred to in this section shall be considered for the faithful accounting of all moneys and things of value coming into the hands of the offices. The bonds and insurance shall be obtained from accredited, surety, and insurance companies authorized to do business in the State of Texas. (2) All premiums for the liability insurance and fidelity bonds will be maintained and funded at the total expense of the corporation. Copies of bonds and insurance policies shall be filed with the City Secretary, and furnished to the corporation and Board Members. 4.04 General Duties of the Board 1. The Board shall develop an overall economic development plan for the City which shall include and set forth intermittent and/or short term goals which the Board deems necessary to accomplish compliance with its overall economic development plan. Such plan shall be approved by the City Council of the City of Wylie. The overall development plan developed by the Board shall be one that includes the following elements: a. An economic development strategy to permanently bolster the business climate throughout the city. b. Strategies to fully utilize the assets of the city which enhance economic development. c. Identification of strategies to coordinate public, private, military and academic resources to develop and enhance business opportunities for all citizens of Wylie. This plan shall include methods to improve communication and cooperation between the above mentioned entities. d. Assurance of accountability of all tax moneys expended for the implementation of the overall economic development plan. 3 e. Identification of strategies and provide for implementation of identified strategies for direct economic development as defined in this Section. f. An annual work plan outlining the activities, tasks, projects and programs to be undertaken by the Board during the upcoming fiscal year. g. To assist the Board in the implementation of the overall economic development plan, the Board may seek out and employ a Director of Economic Development. The Director of Economic Development shall be responsible to the Board and shall act as the Board's chief administrative officer and shall assist the Board in carrying out the duties of the Board as set forth in this section. The Board shall, in the annual budget, make provisions for the Compensation to be paid to the Director of Economic Development and such compensation so established by the Board shall comprise the salary and benefits paid to the Director of Economic Development for his/her services h. The Director of Economic Development shall be hired by the Board and may be removed by a vote of 3 members of the Board. 2. The Board shall review and update its overall economic development plan from time to time to ensure that said plan is up to date with the current economic climate and is capable of meeting Wylie's current economic development needs. 3. The Board shall expend, in accordance with State law, the tax funds received by it on direct economic development where such expenditures will have a direct benefit to the citizens of Wylie. As used in the article "direct economic development" shall mean the expenditure of such tax funds for programs that directly accomplish or aid in the accomplishment of creating identifiable new jobs or retaining identifiable existing jobs including job training and/or planning and research activities necessary to promote said job creation. The Corporation's focus will be primarily in the areas of: a. Business retention and expansion b. Business attraction 4. The Wylie Economic Development Corporation shall make reports to the City Council of the City of Wylie. The Devckfpurent Carp-or-than of Wylie, Inc. Wylie Economic Development Corporation shall discharge this requirement by reporting to the City Council in the following manner: a. The Development Co►puiation of Wylie--Inc. Wylie Economic Development Corporation shall make a detailed report to the City Council once each year. Such report shall include, but not be limited to, the following: 4 1. A review of all expenditures made by the Board in connection with their activities involving direct economic development as defined in this article, together with a report of all other expenditures made by the Board. 2. A review of the accomplishments of the Board in the area of direct economic development. 3. The policies and strategy followed by the Board in relation to direct economic development together with any proposed changes in such activities. 4. A review of the activities of the Board in areas of endeavor other than direct economic development together with any proposed changes in such activities. 5. The annual required report shall be made to the City Council no later than January 31 of each year. 6. The annual report shall be considered by the City Council for its review and acceptance. b. The Board shall be regularly accountable to the City Council for all activities undertaken by them or on their behalf, and shall report on all activities of the Board, whether discharged directly by the Board or by any person, firm, corporation, agency, association or other entity on behalf of the Board. This report shall be made by the Board to the City Council semi-annually with the first report being made each succeeding six (6) months. The semi-annual report shall include the following: 1. Accomplishments to date as compared with the overall plan or strategy for direct economic development. 2. Anticipated short term challenges during the next semi-annual reporting period together with recommendations to meet such short term challenges. 3. Long term issues to be dealt with over the succeeding twelve-month period or longer period of time, together with recommendations to meet such issues with emphasis to be placed on direct economic development. 4. A recap of all budgeted expenditures to date, together with a recap of budgeted funds left unexpended and any commitment made on said unexpended funds. 5 4.05 Implied Duties The Development Corporation of Wylie, Inc. is authorized to do that which the Board deems desirable to accomplish any of the purposes or duties set out or alluded to in Section 4.04 of these Bylaws and in accordance with State law. 4.06 Tenure The initial terms of office for the Directors shall be two (2) Directors with three (3) year terms, two (2) Directors with two (2) year terms, and one (1) Director with a one (1) year term, as designated by the Mayor and City Council. rve more than two (2) cunstt..ntive full After the initial term of office, the Directors shall serve for three (3) years, and Directors may serve for an unlimited number of consecutive terms. 4.07 Meetings; Notice; Conduct The Board shall attempt to meet at least once each month within the city of Wylie, at a place and time to be determined by the President. All meetings of the Board shall provide notice thereof as provided and - as required by the Texas Open Meetings Act. Any member of the Board may request that an item be placed on the agenda by delivering the same in writing to the secretary of the Board no-latt,r tIia i n (10) days prior to the date of the Board mecti,ig.prior to the posting of the notice required by the Texas Open Meetings Act. The President of the Board shall set regular meeting dates and times at the beginning of his/her term. Special Meetings may be called by any member of the Board in accordance with the provisions of the Texas Open Meetings Act. The notice shall contain information regarding the particular time, date, and location of the meeting and the agenda to be considered. All meetings shall be conducted in accordance with the Texas Open Meetings Act. The annual meeting of the Board of Directors shall be the second Tuesday held in January of each year; at 4:00 p.ut. The Board may retain the services of a recording secretary if required. 4.09 Attendance; Vacancy Regular attendance of the Board meetings is required of all Members. The following number of absences may require replacement of a member: three (3) consecutive absences, or attendance reflecting absences constituting 50% of the meetings over a 12-month period. In the event replacement is indicated, the member will be counseled by the President and, subsequently, the President shall submit in writing to the City Secretary the need to replace the Board member in question. Any vacancy on the Board shall be filled by appointment by the City Council of a new member or members meeting the qualifications set out in Section 4.02 above. 6 4.10 Quorum A majority of the entire membership of the Board of Directors shall constitute a quorum and shall be required to convene a meeting. If there is an insufficient number of Directors present to convene the meeting, the presiding officer shall adjourn the meeting. 4.11 Compensation The duly appointed members of the Board shall serve without compensation, but shall be reimbursed for actual or commensurate cost of travel, lodging and incidental expense while on official business of the Board in accordance with State law. 4.12 Voting; Action of the Board of Directors Directors must be present in order to vote at any meeting. Unless otherwise provided in these Bylaws or in the Articles of Incorporation or as required by law, the act of a simple majority present shall be the act of the Board of Directors. In the event that a Director is aware of a conflict of interest or potential conflict of interest, with regard to any particular vote, the Director shall bring the same to the attention of the meeting and shall abstain from the vote, unless the Board determines that no conflict of interest exists. Any Director may bring to the attention of the meeting any apparent conflict of interest or potential conflict of interest of any other Director, in which case the Board shall determine whether a true conflict of interest exists before any vote shall be taken regarding that particular matter. The Director as to whom a question of interest has been raised shall refrain from voting with regard to the determination as to whether a true conflict exists. 4.13 Board's Relationship with City Council In accordance with State law, the City Council shall require that the Development Corporation of Wylie, Inc. Wylie Economic Development Corporation be responsible to it for the proper discharge of its duties assigned in this article. The Board shall determine its policies and direction within the limitations of the duties herein imposed by applicable laws, the Articles of Incorporation, these Bylaws, contracts entered into with the City, and budget and fiduciary responsibilities. 4.14 Board's Relationship with Administrative Departments of the City Any request for services made to the administrative departments of the City shall be made by the Board of its designee in writing to the City Manager. The City Manager may approve such request for assistance from the Board when he finds such requested services are available within the administrative departments of the City and that the Board has agreed to reimburse the administrative department's budget for the costs of such services so provided. SECTION V OFFICERS 5.01 Officers of the Corporation The elected officers of the Corporation shall be a President, Vice President, Secretary, and Treasurer. The Board may resolve to elect one or more Assistant Secretaries or one or more Assistant Treasurers as it may consider desirable. Such officers shall have the authority and perform the duties of the office as the Board may from time to time prescribe or as the Secretary or Treasurer may from time to time delegate to his or her respective Assistant. Any two (2) or more offices may be held by the same person, except the offices of President and Secretary. 5.02 Selection of Officers The initial President and Vice President shall be elected by the Board and shall serve a term of one (1) year. On the expiration of the term of office of the original President and Vice President, the Board shall select from among its Members individuals to hold such office. The term of office of the President and Vice President shall always be for a period of one year; provided, however, that the President and Vice President continue to serve until the election of their successors. The Secretary and Treasurer shall be selected by the members of the Board and shall hold office for a period of one (1) year; provided, however, that they shall continue to serve until the election of their successors. Elections shall be held at the annual meeting of the Board. Any officer meeting the qualifications of these Bylaws may be elected to succeed himself or to assume any other office of the Corporation. 5.03 Vacancies Vacancies in any office which occur by reason of death, resignation, disqualification, removal, or otherwise, shall be filled by the Board of Directors for the unexpired portion of the term of that office in the same manner as other officers are elected to office. 5.04 President The President shall be the presiding officer of the Board with the following authority: 1. Shall preside over all meetings of the Board. 2. Shall have the right to vote on all matters coming before the Board. 3. Shall have the authority, upon notice to the members of the Board, to call a special meeting of the Board when in his judgment such meeting is required. 8 4. Shall have the authority to appoint standing committees to aid and assist the Board in its business undertakings of other matters incidental to the operation and functions of the Board. 5. Shall have the authority to appoint ad hoc committees which may address issues of a temporary nature or concern or which have a temporary affect on the business of the Board. In addition to the above mentioned duties, the President shall sign with the Secretary of the Board any deed, mortgage, bonds, contracts, or other instruments which the Board of Directors has approved and unless the execution of said document has been expressly delegated to some other officer or agent of the Corporation by appropriate Board resolution, by a specific provision of these Bylaws, or by statute. In general, the President shall perform all duties incident to the office, and such other duties as shall be prescribed from time to time by the Board of Directors. 5.05 Vice President In the absence of the President, or in the event of his or her inability to act, the Vice President shall perform the duties of the President. When so acting, the Vice President shall have all power of and be subject to all the same restrictions as upon the President. The Vice President shall also perform other duties as from time to time may be assigned to him or her by the President. 5.06 Secretary The Secretary shall keep or cause to be kept, at the registered office a record of the minutes of all meetings of the Board and of any committees of the Board. The Secretary shall also file a copy of said Minutes with the City and the same to be given, in accordance with the provisions of these Bylaws, or as required by the Texas Open Meetings Act or the Texas Open Records Act or other applicable law. The Secretary shall be custodian of the corporate records and seal of the Corporation, and shall keep a register of the mailing address and street address, if different, of each director. 5.07 Treasurer The Treasurer shall be bonded for the faithful discharge of his/her duties with such surety or sureties and in such sum as the Board of Directors shall determine by Board resolution, but in no event shall the amount of such bond be less than an amount equal to the average of the sums which the Treasurer has access to and the ability to convert during a twelve (12) month period of time. The Treasurer shall have charge and custody of and be responsible for all funds and securities of the Corporation. The Treasurer shall receive and give receipt for money due and payable to the Corporation from any source whatsoever, and shall deposit all such moneys in the name of the Corporation in such bank, trust corporation, and/or other depositories as shall be specified in accordance with Article VII of these Bylaws. The treasurer shall, in general, perform all the duties incident to that office, and such other duties as from time to time assigned to him by the President of the Board. 9 5.08 Assistant Secretaries and Assistant Treasurers The Assistant Secretaries and Assistant Treasurers, if any, shall in general, perform such duties as may be assigned to them by the Secretary or the Treasurer, or by the President of the Board of Directors. 5.09 Director of Economic Development The Corporation may employ a Director of Economic Development. The Director of Economic Development shall serve as the Chief Executive Officer of the Corporation and shall oversee all administrative functions of the Corporation. The Director shall develop policies and procedures for the Corporation including financial, accounting, and purchasing policies and procedures to be approved by the Board and City Council. 5.10 Other Employees The Corporation may employ such full or part-time employees as needed to carry out the programs of the Corporation. 5.11 Contracts for Services The Corporation may, , contract with any qualified and appropriate person, association, corporation or governmental entity to perform and discharge designated tasks which will aid or assist the Board in the performance of its duties. However, no such contract shall ever be approved or entered into which seeks or attempts to divest the Board of Directors of its discretion and policy-making functions in discharging the duties herein above set forth in this section. SECTION VI COMMITTEES 6.01 Qualifications for Committee Membership Members of committees shall be appointed by the President, and approved by the Board. Committee members need not be members of the Dewlap n nt Corporation of—Wylie, Inc. Wylie Economic Development Corporation unless required by these Bylaws or Board resolution. 6.02 Standing Committees The President shall have authority to appoint the following standing committees of the Board and such other committees as the Board may deem appropriate in the future: 1. Budget, Finance and Audit Committee: This committee shall have the responsibility of working with the Director, or the contractual entity performing as Director as the case may be, in the formation and promotion of the annual budget of the Board. The Committee shall present such budget to the Board and, upon approval, shall present, in accordance with these Bylaws, said budget to the 10 City Council. In addition to the preparation of the budget, the committee shall keep the Board advised in such matters. The Committee shall further have the responsibility to oversee and work with auditors of the City or outside auditors when audits of the Board are being performed. 2. Committee for Business Retention and Expansion: This committee shall work with the Director of Economic Development and shall keep the Board informed of all development and activities concerning business retention and expansion. 3. Committee for New Business Attraction and Recruitment: This committee shall work with the Director of Economic Development and shall keep the Board informed of all developments and activities concerning business attraction and recruitment. 6.03 Special Committees The President may determine from time to time that other committees are necessary or appropriate to assist the Board of Directors, and shall designate, subject to Board approval, the members of the respective committees. No such committee shall have independent authority to act for or instead of the Board of Directors with regard to the following matters: amending, altering, or repealing the Bylaws; electing, appointing, or removing any member of any such committee or any Director or Officer of the Corporation; amending the Articles of Incorporation; adopting a plan of merger or adopting a plan of consolidation with another corporation; authorizing the sale, lease, exchange, or mortgage of all or substantially all of the property and assets of the Corporation; authorizing the voluntary dissolution of the Corporation or revoking the proceedings thereof, adopting a plan for the distribution of the assets of the Corporation; or amending, altering, or repealing any resolution of the Board of Directors which by its terms provides that it shall not be amended, altered, or repealed by such committee. The designation and appointment of any such committee and delegation to that committee of authority shall not operate to relieve the Board of Directors, or any individual Director, of any responsibility imposed on it or on him/her by law or these Bylaws. 6.04 Term of Committee Members Each member of a committee shall continue as such until the next appointment of the Board of Directors and until his or her successor on the committee is appointed, unless the committee shall be sooner terminated or unless such member has ceased to serve on the Board of Directors, or unless such member be removed from such committee. Any committee member may be removed from committee membership by the President, with Board approval, whenever in their judgment the best interests of the Corporation would be served by such removal. 11 6.05 Vacancies on Committees Vacancies in the membership of any committee may be filled in the same manner as provided with regard to the original appointments to that committee. 6.6 Ex-Officio Members The City Manager or his designee and the Mayor or his designee may attend all meetings of the Board of Directors or Committees. These representatives shall not have the power to vote in the meetings they attend. Their attendance shall be for the purpose of ensuring that information about the meeting is accurately communicated to the City Council and to satisfy the City Council obligation to control the powers of the Corporation. SECTION VII FINANCIAL ADMINISTRATION The Corporation may contract with the City for financial and accounting services. The Corporation's financing and accounting records shall be maintained according to the following guidelines: 7.01 Fiscal Year The fiscal year of Corporation shall begin on October 1 and end on September 30 of the following year. 7.02 Budget A budget for the forthcoming fiscal year shall be submitted to, and approved by, the Board of Directors and the City Council of the City of Wylie. In submitting the budget to the City Council, the Board of Directors shall submit the budget on forms prescribed by the City Manager and in accordance with the annual budget preparation schedule as set forth by the City Manager. The budget shall be submitted to the City Manager for inclusion in the annual budget presentation to the City Council. 7.03 Contracts As provided in Article V above, the President and Secretary shall execute any contracts or other instruments which the Board has approved and authorized to be executed, provided, however, that the Board may by appropriate resolution authorize any other officer or officers or any other agent or agents, including the Director of Economic Development, to enter into contracts or execute and deliver any instrument in the name and on behalf of the Corporation. Such authority may be confined to specific instances or defined in general terms. When appropriate, the Board may grant a specific or general power of attorney to carry out some action on behalf of the Board, provided, however that no such power of attorney may be granted unless an appropriate resolution of the Board authorizes the same to be done. 12 7.04 Checks and Drafts All checks, drafts, or orders for the payment of money, notes, or other evidences of indebtedness issued in the name of the Corporation shall be signed or bear the facsimile of the President or the Treasurer, or such other person as designated by the Board. 7.05 Deposits All funds of the Development Corporation of Wylie, Inc. Wylie Economic Development Corporation shall be deposited on a regular basis to the credit of the Corporation in a local bank which shall be federally insured. 7.06 Gifts The Developmcnt Corporation of Wylie, Inc. Wylie Economic Development Corporation may accept on behalf of the Corporation any contribution, gift, bequest, or devise for the general purposes or for any special purpose of the Corporation. 7.07 Purchasing All purchases made and contracts executed by the Corporation shall be made in accordance with the requirements of the Texas Constitution and statutes of the State of Texas. 7.08 Investments Temporary and idle funds which are not needed for immediate obligations of the Corporation may be invested in any legal manner provided in Tex.Rev.Civ.Stat.Ann.Art. 842a-2 (Public Funds Investment Act). 7.09 Bonds Any bonds issued by the Corporation shall be in accordance with the statute governing this corporation but in any event, no bonds shall be issued without approval of the City Council after review and comment by the city's bond counsel and financial advisor. 7.10 Uncommitted Funds Any uncommitted funds of the Corporation at the end of the fiscal year shall be considered a part of the Fund Balance. The Undesignated Fund Balance may be committed for any legal purpose provided the Corporation's Board of Directors and the City Council both approve such commitment. This may include the establishment of a Permanent Reserve Fund which shall be accumulated for the purpose of using the interest earnings of such fund to finance the operation of the Corporation. 13 SECTION VIII BOOKS AND RECORDS 8.01 Books and Records The Corporation shall keep correct and complete books and records of all actions of the Corporation, including books and records of account and the minutes of meeting of the Board of Directors and of any committee having any authority of the Board and to the City Council. All books and records of the Corporation may be inspected by Directors of the Corporation or his/her agent or attorney at any reasonable time; and any information which may be designated as public information by law shall be open to public inspection at any reasonable time. The Texas Open Records Act and Open Meetings Act shall apply to disclosure of public information. The Board of Directors shall provide for an annual financial audit to be performed by a competent independent audit firm. 8.02 Monthly Reports The Corporation shall provide the City Council monthly summaries of proposed dispersal of funds for anticipated projects, and funds that are dispersed over $50,000.00. SECTION IX SEAL 9.01 Seal The Board of Directors shall obtain a corporate seal which shall bear the words "Development Corporation of Wylie, Inc.""Wylie Economic Development Corporation"; the Board may thereafter use the corporate seal and may later alter the seal as necessary without changing the corporate name; but these Bylaws shall not be construed to require the use of the corporate seal. SECTION X PROGRAM 10.01 Authorization The Corporation shall carry out its program subject to its Articles of Incorporation and these Bylaws, and such resolutions as the Board may from time to time authorize. 10.02 Program The program of the Development Corporation of Wylie, Inc. Wylie Economic Development Corporation shall be to assist, stimulate, and enhance economic development in Wylie, Texas, subject to applicable State and Federal law, these Bylaws, and the Articles of Incorporation. 14 SECTION XI PARLIAMENTARY AUTHORITY 11.01 Amendments to Bylaws These Bylaws may be amended or repealed and new Bylaws may be adopted by an affirmative vote of four (4) of the authorized Directors serving on the Board, at a special or regular meeting of the Directors held for such specific purpose, and the notice requirements stated herein above regarding special and regular meetings shall apply. The Directors of the Corporation present at arrafhlucdl a properly called meeting of the Board may, by a vote of four(4), in accord with the requirements of Article IV herein above, amend or repeal and institute new Bylaws, provided that at least ten(10) days prior to the annual meeting, written notice setting forth the proposed action shall have been given to the directors, and public notice regarding such action given according the requirements of the Texas Open Meetings Act. Notwithstanding the foregoing, no amendment shall become effective unless the City Council approves the amendment. SECTION XII DISSOLUTION 12.01 Dissolution On petition of ten(10)percent or more of the registered voters of the City of Wylie requesting an election on the dissolution of the Corporation, the City Council shall order an election on the issue. The election must be conducted according to the applicable provision of the Election Code. The ballot for the election shall be printed to provide for voting for or against the proposition: "Dissolution of the Development Co,po,atiuii of Wylie-,—In- "Wylie Economic Development Corporation" If a majority of voters voting on the issue approve the dissolution, the Corporation shall continue operations only as necessary to pay the principal of and interest on its bonds and to meet obligations incurred before the date of the election and, to the extent practicable, shall dispose of its assets and apply the proceeds to satisfy those obligations. When the last of the obligations is satisfied, any remaining assets of the Corporation shall be transferred to the City, and the Corporation is dissolved. 15 SECTION XIII INDEMNITY 13.01 Indemnity The Board of Directors shall authorize the Corporation to pay or reimburse any current or former Director or Officer of the Corporation for any costs, expenses, fines, settlements,judgments, and other amounts, actually and reasonably incurred by such person in any action, suit, or proceeding to which he or she is made a party by reason of holding such position as Officer or Director; provided, however, that such Officer or Director shall not receive such indemnification if he/she be finally adjudicated in such instance to be guilty of negligence or misconduct in office. The indemnification herein provided shall also extend to good faith expenditures incurred in anticipation of, or preparation for, threatened or proposed litigation. The Board of Directors may, in proper cases, extend the indemnification to cover the good faith settlement of any such action, suit, or proceedings, whether formally instituted or not. SECTION XIV MISCELLANEOUS 14.01 Relation to Articles of Incorporation These Bylaws are subject to, and governed by, the Articles of Incorporation and applicable State statutes under which the Corporation is organized. 16 WYLIE CITY COUNCIL Work Session Agenda Item May 25, 1999 issUt Discuss and consider Special Events regulations. Background An event planned by the Downtown Merchants Association which proposed to close Ballard Street during the day on a Saturday, drew opposition from some of the business and property owners affected by the closure. With no formal policy in place, staff applied Section 102-2 of the City Code which addresses gatherings on public streets and is typically utilized for residential block parties. The ordinance requires the organizers to submit a letter signed by all residents affected stating their approval of the party or event (see attached). As proposed, the Downtown Merchants Association was not able to obtain 100% approval and was forced to dramatically scale back the event. Until this proposed event, there had been no strong opposition to the traditional downtown events, and thus no need for an ordinance or policy regulating non-residential special events. In order to prevent a recurrence of the these circumstances, it may be necessary to adopt a policy or ordinance which addresses special events. These guidelines could be utilized not only for downtown events but for any special event within the city. Staff contacted the cities of McKinney, Allen, Frisco, Plano, Garland, Richardson and Fort Worth to determine how they deal with special events. The responses from the communities run the full gamut from no ordinance at all to the "Downtown Fort Worth Special Events Manual". The prevailing emphasis, however, rests almost exclusively on health and safety issues. With regard to the issue of property owner permission, while most required notification, no other community contacted required 100% approval from those affected for special events. Attached is a summary of the responses from the cities surveyed, as well as copies of the ordinances and information provided. Financial Considerations The City of Wylie has not traditionally assessed a fee for the use of barricades or staff time associated with street closures, or for the personnel required for traffic control and safety. Of the cities surveyed, several had a mechanism in place so that certain costs could be recouped; however, the cities retained the flexibility in determining under what circumstances those fees would be assessed. Board/Commission Recommendation N/A Staff Recommendation Staff is seeking direction from the City Council regarding the level of regulation to adopt, if any, for special events within the City. At a minimum, staff will be improving the procedures for internal review and notification. Attachment Section 102.2, Wylie Code of Ordinances Survey of Cities r I J1(1[ i Prepare y evie by Finance Approved by STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 102-35 • ARTICLE I. IN GENERAL (2) The chief of police or his designated repre- sentative will advise the organizers of the Sec. 102-1. Street thoroughfares established. following: The following streets are hereby designated as a. Must have a letter signed by residents thoroughfares within the city limits: affected by such party, giving their (1) East-west thoroughfares are as follows: consent and approval of such party, to be placed on file with the police depart- a. Spring Creek Parkway/Parker Road/ ment. Paul Wilson Road/County Road 383; b. Contact the director of public works,or b. Park Boulevard/McMillan Road; designated representative and make c. FM 3412/East-West Brown Street/Old arrangements to pick up city barri- State Highway 78; cades with which to block off street d. FM 544/Kirby/Stone Road; where party is to be held. e. Alanis Boulevard; and c. Streets must be left open to the extent that emergency vehicles can gain en- f. Hooper Road/South Loop/Meadowlark trance without delay of any kind. Lane/Elm Grove Road/Bozman Road/ d. Parties must be conducted in such a connections/designations and eaten- manner as not to be in violation of any sions. other ordinance of the city ,particularly (2) North-south thoroughfares are as follows: those regarding public nuisance with • a. McCreary Road; excessive noise from loudspeakers,etc., public intoxication, and/or disturbing b. North-south portion of Hooper Road; the peace. c. FM 1378; (b) The chief of police, or his designated repre- d. North-south portion of Alanis Boule- sentative, will be responsible for posting the fact yard; of the block party in question for the information e. Martinez Lane; of the police officers on duty during the hours of f. North-South Ballard Street; the celebration and for the information of the dispatcher on duty, in case of inquiries by the g. Eubanks/W. A. Allen Road/South FM citizens. 544; (Ord. No. 86-82, § 1, 8-12-86; Code 1991, ch. 7, § h. Vinson Road; 5.00) i. Dreymer Lane/South Spring Creek Parkway/Troy Road; and Sec. 102-3. Leaving debris or dirt on city streets. j. Beaver Creek Road. (Ord. No. 85-52A, 8-13-85; Code 1991, ch. 12, § It shall be unlawful for any person to leave 5.00) debris and/or dirt on a city street unless the person provides, erects, places and maintains Sec. 102-2. Gatherings on public streets. warning signs, lighting devices, barricades and channelizing devices required in Part VI - Traf- (a) Parties, gatherings, etc., which involve the fic Controls for Street and Highway Construction blocking or closing off of public streets and/or and Maintenance Operation of the Texas Manual thoroughfares are prohibited in the city, except on Uniform Traffic Control Devices for Streets under the circumstances and provisions listed as and Highways,published by the state department follows: of transportation. (1) Contact the chief of police of the city, or his (Code 1991, ch. 7, § 3.01) designated representative, and advise of the date and time of the desired party. Secs. 102-4-102-35. Reserved. CD 102:3 Special Events - Survey Summary Garland Special Event Ordinance: Yes Permit Required: Yes. Application required at least 45 days prior to the event and is issued by Building Official Permit Fee: $100.00 Other: The applicant is required to submit information including: a description of the event; the estimated number of people that will attend; a sketch of the area including proposed structures/facilities such as restrooms and barricades; time and location of street closures; details of sale of merchandise and food vendors; submission of evidence that sufficient parking will be provided, including proof of permission if parking is to be located on private property. Other Fees: If the applicant intends to use City services, the City will prepare a cost estimate. The applicant must pay 50% of that fee no less than 5 days prior to the event with the remainder due within 10 days after the event. Allen Special Event Ordinance: No Other: The only code adhered to is the Fire Code. The event cannot interfere with emergency access. Otherwise, staff stated that the events are dealt with using common sense and good judgement. Other Fees: No McKinney Special Event Ordinance: Yes Permit Required: Yes. Permit is evaluated by a three person Special Events Committee. Liability insurance in the amount of $1,000,000 is required. Permit Fee: $25.00 Other: McKinney has a 13 page application which requests specific information from the applicant regarding: traffic control; litter control; communication equipment; parking; signs; sponsors; beneficiaries; public information; restroom; and emergency services. The application also includes signature blocks for each City department which reviews the application and area for comments or requirements. All departments are to respond within 15 days after the application has been received. Within 15 days after that, the Special Events Committee will meet with the event sponsors. Other Fees: No Richardson Special Event Ordinance: Yes. Richardson's ordinance is in the form of a Special Activity/Street Use regulation Permit Required: Yes. Application must be received no less that 6 weeks prior to the event. Permit Fee: No fee specific to the Special Activity ordinance. Other: Richardson requires that the applicant notify affected property owners. All traffic control involving public streets must be conducted by the Richardson Police Department. Different types of events, e.g. block parties, races, parades, have different procedures outlined in a brochure prepared by the city. Other Fees: The City may charge organizations for the cost of services provided, stating that the only purpose of any fee is to recoup actual costs. The applicant must also assume the cost for the loss of any equipment. Fort Worth Special Event Ordinance: Yes Permit Required: No permit specific to the Special Event ordinance. Liability insurance in the amount of$1,000,000 is required. Permit Fee: No fee specific to the Special Event ordinance Other: The City of Fort Worth has created a manual specific to special events in the downtown area. Included within this is a matrix which tells event sponsors who they must contact, dependent on the type of the event including: Parks Department; Health Department; Fire Prevention; EMS; Emergency Management; Police - Downtown Unit; Police- Traffic; Electrical Inspection; Street Management; Solid Waste Management; Rick Management; and Downtown Fort Worth, Inc. Fort Worth requires that the applicant notify affected property owners. Street closures are only permitted when it will not unreasonably interfere with necessary traffic circulation or police or fire emergency vehicle routes. Other Fees: No