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02-22-1999 (City Council) Agenda Packet WYLIE CITY COUNCIL Agenda Monday, February 22, 1999 6:00 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 Reverend Kirk Taylor,First Baptist Church of Murphy Pledge of Allegiance Presentations & Proclamations Presentation by Mr.Brent Bates regarding proposed concept for an Arena/Civic Center. 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 motion. 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 January 26 and February 9, 1999 Regular Meetings and the Worksession of February 2, 1999. B. Consider and Act Upon a final plat for the Southplace Estates Phase II subdivision, proposed by Ballpen Venture II,L.P.,generally located along the east side of Taos Lane between Cloudcroft Drive and Silvercreek Drive and being all of a 1.9423 acre tract out of the Allen Atterberry Survey,Abstract No. 23,City of Wylie,Collin County,Texas. ITEMS FOR INDIVIDUAL CONSIDERATION Resolutions 1. Consider and act upon approving a Resolution ordering a Joint Election with the Wylie Independent School District on May 1, 1999. 2. Consider and act upon approval of a Resolution urging the State Legislature tp increase appropriations to the Texas Department of Transportation(TxDOT) for road and bridge maintenance and expansion. 3. Consider and act upon approval of a Resolution suspending the proposed effective date of the proposed rate schedules of Texas Utilities Electric Company. 4. Consider and act upon a Resolution, formally requesting that the Farm-to-Market (FM) designation of S.Ballard St.and Stone St. from S.H. 78 south to the Collin/Dallas County Line and establishing the City of Wylie maintenance responsibility and control of the same portion of roadway. 5. Consider and act upon A Resolution of the City Council directing the City Manager to enter into an agreement with the City of Sachse for the Provision of wastewater treatment for the Woodbridge Golf Course Clubhouse Complex,Pavilion,and Pool. 6. Consider and Act Upon A Resolution of the City Council directing the City Manager to enter into an agreement with the City of Sachse for the Provision of water service for the Woodbridge Golf Course Clubhouse Complex,Pavilion,and Pool. 7. Consider and Act Upon A Resolution of the City Council directing the City Manager to enter into an agreement with the City of Sachse for the Provision of wastewater treatment for the Woodbridge Golf Course Maintenance Facility,North Texas PGA Facility,and Golf Course Restroom Facilities. Agreements 8. Consider and act upon approval of an Impact Fee Reimbursement Agreement with Centex Homes. Replat 9. Consider and Act Upon a replat of the Westgate Center Phase I Addition,proposed John P. Pennington Investments,Inc.,for the property generally located at the southwest corner of FM 544 and Westgate Way and being all of Lot 1,Block A,Westgate Center Phase I,an addition to the City of Wylie,Collin County,Texas. Public Hearing 10. Consider and Act Upon a request from Robert Heath for approval of a zone change form PD (Planned Development)for Retail,Office,Mini Storage, and B-1 Business or Office/Tech uses to (Planned Development)for Light Assembly,Indoor Auction,Retail, Office, Mini Storage, and B-1 Business or Office/Tech uses,for the property generally located at the southeast corner of SH 78 and Eubanks Lane and being all of a certain 6.1598 acre tract out of the Francisco De La Pina Survey,Abstract No.688,City of Wylie,Collin County,Texas. ZC.No. 98-10: Staff Reports W orksession Agreement with the North Texas Municipal Water District Regional Treatment Plant. Executive Session In accordance with Chapter 551,Government Code,Vernon's Texas Codes Annotated(Open Meeting Law). Section 551.071 Consultation with Attorney regarding pending litigation and Section 551.075 Conference with Employees to receive information and question employees regarding the City of Wylie vs.Ronnie Higginbotham Cause No. 19976107. Reconvene into Open Meeting Take any action as a result of Executive Session. Adjournment.,' In additioIt to specifically identified Executive Sessions, Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda, 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 9721442-8170. MINUTES Wylie City Council Tuesday, January 26, 1999 - 7:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North,Wylie Texas Call to Order Mayor Mondy called the City Council Meeting to order, Tuesday, January 26, 1999 at 7:00 p.m. with the following Councilmembers present:Joel Scott,Reta Allen,Lavem 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 The invocation was given by Deacon Warner Washington, St Anthony Catholic Church. . ....... .... .. . . . ... Pledge of Allegiance Councilman Trout was asked to lead the Pledge of Allegiance. Proclamations&Presentations Mayor Mondy invited the Council to join Pro Tem Worley as he read the Proclamation declaring the week of February 7-14 as"Hearts of Kindness"week in the City of Wylie. This program is sponsored by the WISD Character Education Program. Ms. Judy Brewster and several school campus representatives accepted the proclamation. Citizens Participation There was no citizens participation. Consent Agenda Councilman Worley made a motion to approve Agenda Items A-D of the Consent Agenda,removing Item E for discussion. Councilman Trout seconded the motion. A vote was taken and the motion passed,7-0. A. Approval of the Minutes from the January 12,1999 Regular Meeting. B. Consider and act upon approval of final acceptance of the construction of Fire Station 1 and 2 and the authorization for final payment to Gibbs Construction in the amount of$30,450.00 and accept the project as complete.. C. Consider and act upon approval of final acceptance of the construction of interim drainage improvements along Valentine Park Creek, and authorization for final payment to Tri-Con Services,Inc.In the amount of$3,481.98,and accept the project as complete. D. Consider and act upon a replat for the Wyndham Estates Phase III, 1st Revision subdivision, proposed by Jackson and Associates Land Surveyors,Inc.for the property located at the north end of Windco Circle and being all of Lots 11-A,12-A, 14,and 15 (1.513 acres) of Wyndham Estates Phase III,City of Wylie,Collin County,Texas. Wylie City Council Minutes January 26,1999 Page 1 The Mayor then announced that the Council would convene into Executive Session at 7:12 p.m. under Section 51.075 Conference with Employees to review information from employees concerning Kansas City Southern Railroad. The Mayor reconvened into Open Session at 7:35 p.m. E. Approval of an Agreement between the City of Wylie, Collin County and the Kansas City Southern Railway Company. , Councilman Young made a motion to approve the agreement between the City of Wylie,Collin County did the Kansas City Southern Railway Company. Councilwoman Allen seconded the motion. A vote was taken and the motion passed,7-0. ITEMS FOR INDIVIDUAL CONSIDERATION Public Hearings 1. Hold a Public Hearing to consider and act upon a request from the Kansas City Southern Railway Company and Tolmak,Inc.,for approval of a zone change from A(Agricultural); B-1 (Business); SF-A(Single Family Attached); SF-2 & SF-3 (Single Family Residential)to B-1 (Business)and I(Industrial)for the property generally located at the northeast corner of Spring Creek Parkway and SH78 and being all of a certain 202.392 acre tract out of the Francisco De La Pina Survey, Abstract no.688,City of Wylie,Collin County,Texas. ZC98-16. The Mayor opened the public hearing asking that anyone who wished to speak either for or against the proposed zone change to come forward. With no response,the Mayor then closed the public hearing. Councilman Worley made a motion to approve the request from the Kansas City Southern Railway Company and Tolmak, Inc., for approval of a zone change from A (Agricultural); B-1 (Business); SF-A (Single Family Attached); SF-2 & SF-3 (Single Family Residential) to B-1 (Business) and I (Industrial) for the property generally located at the northeast corner of Spring Creek Parkway and SH78 and being all of a certain 202.392 acre tract out of the Francisco De La Pina Survey,Abstract no. 688,City of Wylie,Collin County,Texas,with the correction to the ordinance with regard to Parcel 1. Councilman Trout seconded the motion. A vote was taken and the motion passed,7-0. ORDINANCE NO. 99-2 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE,AS HERETOFORE AMENDED,SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY ZONING CASE NUMBER 98-16,TO B-1,BUSINESS AND I,INDUSTRIAL DISTRICT CLASSIFICATION;PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;PROVIDING A SEVERABILITY CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE. 2. Hold a Public Hearing to consider and act upon a request from J.C.Worley,for approval of zone change from A(Agricultural)to B-2(Business)for the property generally located along the south side of SH78 north of Wylie Ranch East Estates,and being all of Lot 6 of the Wylie Ranch Estates Commercial Park,according to the plat thereof recorded in Volume C,Page 8,plat records of Collin County,Texas. ZC98-15 Councilman Worley abstained from the discussion and vote of this item and removed himself from the bench. Councilman Worley completed a Conflict of Interest Affidavit prior to the meeting. Wylie City Council Minutes January 26,1999 Page 2 Planning Director,Mr. Tobin Maples addressed this item. Mr. Maples stated that the applicant is requesting rezoning on 2 acres in order to develop the property with business uses. Specifically,the applicant is proposing an iron works business encompassing an office,showroom and warehouse. Mr. Maples gave Council a brief description of the surrounding zoning. Mr. Maples stated that Public Comment Forms were mailed to eleven(11)property owners within 200 feet of this request. One(1)Public Comment Form in support of the request has been returned. Mr. Maples stated that the applicant is requesting a B-2 (Business) classification in order to allow light fabrication and assembly of iron. Light fabrication and assembly is permitted within the B-2(Business)district provided that such facilities are completely enclosed within a structure not exceeding 8,000 square feet, and provided that no effects from noise,smoke,glare,vibration,fumes or other environmental factors are measurable at the property line. Mr.Maples advised Council that the applicant has offered to construct an eight foot masonry screening wall along the southern property line in order to buffer the proposed use from the existing residential to the south. Mr. Maples stated that at the December 1, 1998,Planning and Zoning Commission meeting,the Commission voted by 6-0 to recommend approval of this case. Commissioner Wood did not attend the meeting. He further stated that at the January 12, 1999,City Council meeting,the Council voted unanimously to table this case to the January 26, 1999,City Council meeting. Specifically,the applicant requested that the case be tabled in order to allow the applicant and staff an opportunity reexamine the proposal. The Mayor had concerns regarding the sewer service to the property. Mr.Maples stated that the property was within our City Limits and would require tie in to our system,however,water would be provided by another entity. The Mayor opened the public hearing asking that anyone who wished to speak either for or against the proposed zone change to come forward. With no response,the Mayor then closed the public hearing. Councilwoman Allen made a motion to approve the request from J.C.Worley,for approval of a zone change from A(Agricultural)to B-2(Business)for the property generally located along the south side of SH78 north of Wylie Ranch East Estates, and being all of Lot 6 of the Wylie Ranch Estates Commercial Park,according to the plat thereof recorded in Volume C,Page 8,plat records of Collin County,Texas. Councilman Scott seconded the motion. A vote was taken and the motion passed,6-0,with Councilman Worley abstaining. ORDINANCE NO. 99-3 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE,AS HERETOFORE AMENDED,SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO B-2, BUSINESS DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Worley resumed his place with the Council. Approval of Ordinance 3. Consider and Act Upon Approval of an Ordinance Appointing Members to a Citizens Bond Advisory Committee Wylie City Council Minutes January 26,1999 Page 3 Councilman Worley made a motion to Approve the Ordinance appointing members to a Citizens Bond Advisory Committee and named said members as follows: Toni Young, Carter Porter, Pat Nethery, Lois Swartz, Rita Smith,Wanda Sparks, Chuck Trimble, Julie Schmader, Sharon Dowdy, Warner Washington, Mark Cooper, Roger Smith,Donna Larson,Gary Bowland,and Nelson Underwood. Councilwoman Allen seconded the motion. A vote was taken and the motion passed,7-0. Approval of Agreement 4. Consider and act upon approval of an Impact Fee Reimbursement Agreement with Centex Homes. City Manager,Mike Collins asked that this item be removed from the agenda. Staff Reports Mr. Collins reported that he had met with TU Electric official who provided staff with information on a new voluntary adjustment plan they hope to make available to industry and residents. This plan will offer an opportunity for those(commercial)who tend to use the greatest amount of electricity during peak hours when consumers are also using electricity,to provide to them a financial incentive through rate structure to encourage them to stager peak uses of energy. Mr.Collins stated that TU is asking the city approve an ordinance supporting this plan. He stated that TU is also planning meeting with the largest users to receive input on how this will be of benefit. Mr. Collins stated that Mr. Satterwhite would be helping to coordinate these meetings and that TU has requested to come before Council in February or March. Mr. Collins reported on a meeting with BFI and status of recycling program and stated that they would like to come before Council either in work session or as a presentation in March. Mr. Collins asked that Council provide staff with any specific questions or concerns so that staff can respond. Council agreed that this could be scheduled in March. Mr.Collins stated that staff would like to hold a work session on Tuesday,February 2 as a capital projects update and as a kick off for the Citizens Bond Advisory Committee to receive direction from Council. Councilman Scott stated that he would be absent from a work session on Tuesday,February 2. Mindy Manson reported that the contractor started today on the installation of the drop ceiling at the Community Center should be complete by tomorrow. Mr. Satterwhite,Executive Director of the Wylie Economic Development Corporation invited the Mayor and Council to the ground breaking for Molding&Associates on February 1 at 2:00 p.m. Mr. Satterwhite stated that this business will bring 45 new jobs to Wylie. Presentations Mr. Henry Garland gave Council a brief presentation of the status of the Meals on Wheels program in Wylie. He stated working with Mr. Nelson they have formed Articles of Incorporation and a Board of Directors for "Wylie Meals on Wheels,Inc." He thanked Mr.Nelson and Ms. Manson for their support. Mr. Garland also stated that they hope to incorporate the WISD area as the city limits boundaries. The Mayor expressed concerns regarding the WISD area and advised Mr. Garland that we would check with our city attorney. Mr. Garland stated that to date they have collected$2,200. Wylie City Council Minutes January 26,1999 Page 4 Executive Session The Mayor then announced that the Council would convene into Executive Session at 8:10 p.m.under Section 551.074,Personnel Matters,Annual Review of the City Manager. Reconvene into Open Meeting No action was taken as a result of Executive Session. , Adjournment. As there was no further business to come before the Council,the meeting was adjourned. • I Vl John Mondy,Mayor Attest: / • :arbaraA 4a1' ,,Secretary • SEAL o Wylie City Council Minutes = January 26,1999 Page 5 MINUTES Wylie City Council Work Session Tuesday, February 2, 1999 - 6:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North,Wylie Texas Call to Order Mayor Pro Tern Worley called the City Council Meeting to order,Tuesday,February 2, 1999 at 6:15 p.m. with the following Councilmembers present:Reta Allen,Lavern Ramsey,Merrill Young,J.C. Worley and Chris Trout. Mayor Mondy was absent. Staff members present were:Mike Collins,City Manager; Mindy Manson,Assistant to the City Manager; Chris Holstead, Consulting Engineer from the Hogan Corporation and Barbara Salinas, City Secretary. Mr.Collins began the meeting stating the purpose was to discuss capital project issues and how they may relate to a proposed bond package. Mayor Mondy joined the meeting in progress. Mr. Collins began with a summary of the meeting held with Kansas City Southern last Thursday. He stated the meeting was very positive. He stated that their were time line changes, citing October 8 as the target date for completion of new railroad crossing. The contract for SH78 in scheduled for June,providing that work cannot be started until the railway crossing is completed. Mr. Collins then explained the funding for FM544. He explained that they should have a time line by Friday, and that Texas Department of Transportation.KCS and the City will need to form a partnership with the City involved in all steps of the project. Mr. Collins stated that they have been in contact with Mr. Van Tiem,Texas Department of Transportation,who is familiar with the `quiet zones' and has worked with Railroad projects. Mr. Collins stated that they would be scheduling a meeting in Austin with the Rail Division to discuss state funding for railway crossing closures. Mr. Collins also reported on some design concepts for the future widening State Highway 78. There was discussion on the status of the South Ballard Construction project,related costs and funding proposals including consideration of inclusion on a bond package. There was discussion of the proposed local bond election with regard to the time frame. May 1, 1999 is the General Election and the bond could be held in conjunction with this election. Staff is currently in the process of making revenue projections. Mr. Collins stated that staff will be bringing forward a wage plan, including five year staffing, additional staffing requests and long range planning. The Bond committee will only consider revenue from residential and commercial impact fees. Mr. Collins gave a report on the status of the Service Center on Kirby. He stated that they will need to be out within 90 days and that a short term option needs to be identified for both facilities. He stated we are looking at a one year interim period and that before April staff would bring forward a permanent solution for the service center and animal control. He stated that a long term option may be to discuss a solution with Sachse. Short term has prompted discussions with neighboring cities. Any results of those discussions with regard to a solution will be brought before Council. Wylie City Council Minutes February 2,1999 Page 1 Mr. Collins stated that with regard to the service center, staff will bring forward proposal to contract out for mechanical services citing dollar amounts for monies spent in the private sector. Council asked staff to provide costs for temporary solutions. Mr. Collins stated that once we vacate the old service center and animal shelter, we still have the issue of equipment and storage. Mr. Collins provide Council an alternative to the service center storage situation,with a plan to pour additional concrete to the existing service center that would allow access to the storage area thereby vacating the old center as soon as possible. He stated that is this was not acceptable to Council,that Council provide direction to other alternatives. Council asked staff to provide square footage and more detailed information with regard to the suggested storage alternative. Mr. Collins stated that he would be happy to visit with Council regarding any other issues. The Mayor asked that Council be provided with a Calendar of Events to include upcoming months so that Council could plan their schedules. Mr. Collins stated that this would be coordinated between Ms. Salinas and Ms. Collins. Council also had concerns regarding the date for the upcoming Board and Commission Appreciation Dinner. Mr. Collins advised that a date would be set and information provided to Council. The Mayor reported that he and members of Council have been asked to become involved in a fund raiser for Tanya Jo Thomason,Wylie High School student. They have plans to hold an exotic Barbeque Dinner. There was some discussion regarding plans for Collin County Day and scheduling various meetings. As there was no further business to come before the Council,the meeting was adjourned at 8:35 p.m. John Mondy,Mayor Attest: Barbara A. Salinas,City Secretary Wylie City Council Minutes February 2,1999 Page 2 MINUTES Wylie City Council Tuesday, February 9, 1999 - 7:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North,Wylie Texas Call to Order Mayor Mondy called the City Council Meeting to order, Tuesday, February 9, 1999 at 7:00 p.m. with the following Councilmembers present: Joel Scott,Reta Allen, Lavern Ramsey,Merrill Young. Councilman J.C. Worley and Chris Trout were absent. Staff members present were: Mike Collins, City Manager; Brady Snellgrove, Finance Director and Barbara Salinas,City Secretary. Invocation Councilman Scott gave the Invocation. Pledge of Allegiance Councilman Young was asked to lead the pledge. Presentations&Proclamations Mayor Mondy presented James Leland Daugherty with a Proclamation declaring February 28 as"James Leland Daugherty Day"in Wylie,Texas in honor of his achievement of Eagle Scout. Citizens Participation Ms.Laura Matthews,resident. Ms.Matthews had concerns regarding the ownership of her property and the proximity of the railway tracks to her home. Mayor Mondy asked if she would remain through this evenings brief agenda so that he could visit with her. Chief Butters was present to introduce new members of the Wylie Police Department. In attendance were,Officer Anthony Henderson,DARE Officer Karen Riley, Officer Chris Wirstrom, Officer Steve Trester, Officer Matt Miller, Officer David LaRocca, Detective Gary Fleetwood, and Officer Randy Hooker. The new officers then took a moment to meet the Council members. Items for Individual Consideration The Mayor then moved to Item No. 2 on the Agenda. 2. Consider and act upon approving a contract for election services between the City of Wylie and the Collin County Elections Administration for the May 1,1999 Municipal Election. Barbara Salinas, City Secretary addressed this item. Ms. Salinas stated that this contract is basically identical to that of the last three years and asked for Council's approval to continue to contract with the Collin County Elections Administration for the General Election in May. Wylie City Council Minutes February 9, 1999 Page 1 Councilman Scott made a motion to approve the contract for election services between the City of Wylie and the Collin County Elections Administration for the May 1, 1999 Municipal Election. Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 5-0. Councilman Trout arrived and was present for the remainder of the meeting. 1. Consider and Act Upon a request from Gary Defrain for Campbell Wylie Partners,for approval of a zone change from A (Agricultural) to PD (Planned Development) for single family, multifamily, business, and open space uses,for the property generally located at the northeast corner of McCreary Road and McMillan Road and being all of a certain 327.485 acre tract out of the John W. Mitchell Survey, Abstract No. 589 and the Lewis M. Marshall Survey, Collin County,Texas. ZC.No.98-13. Mr. Tobin Maples, Planning Director addressed this item. Mr. Maples stated that the applicant is requesting rezoning on 327.5 acres in order to develop the property with a master planned mixed use community. Specifically,the applicant is proposing a master planned community encompassing single family,multifamily, business, and open space uses. Mr. Maples gave a summary of the zoning of the surrounding properties. Mr. Maples stated that Public Comment Forms were mailed to sixty-six(66)property owners within 200 feet of this request. Four(4)Public Comment Forms in opposition and three(3)Public Comment Forms in support have been returned. The opposition represents .017%of the property within 200 ft. Mr. Maples stated that the Comprehensive Plan does not make a recommendation on the majority of this property. However,he stated,it does recommend a narrow strip of retail,commercial,business, and single family residential uses along the northern side of McMillan Road. Mr.Maples stated that the applicant is filing this PD in order to ensure a quality development with no variances and outlined the specific elements unique to the project. • The applicant is proposing a mixed use concept encompassing approximately 785 detached single family residential units(125 SF-3 Lots, 555 SF-2 Lots, 105 SF-1 Lots),eighteen acres of multifamily,twelve acres of B-1, 13 acres of HOA maintained open space, 32.5 acres of dedicated City park, and 26 acres of private open space; • Increase in the minimum house size(SF-3 1600 sq. ft., SF-2 1800 sq. ft., SF-1 2000 sq. ft.) • Thoroughfare network consistent with the City's Master Thoroughfare Plan; • Detention lakes constructed by the developer and maintained by the City; • Community center encompassing swimming pool/cabana. • City parks and hike and bike trails constructed by the developer and dedicated to the City; • Private open space; • 25 foot landscape buffers along McMillan Road and McCreary Road to be constructed by the developer and maintained by private property owners (Commercial and Multifamily areas) and Homeowners Association (Residential areas); • Landscaped and divided points of access; Wylie City Council Minutes February 9, 1999 Page 2 Mr. Maples stated that In order to determine the developmental impact on the roadway system,the applicant authorized the firm of Innovative Transportation Solutions,Inc. to complete a traffic impact study(TIS) for the proposed Creekside Estates development including impacts associate with the proposed Lakeside Estates/Sage Creek development to the south. Mr. Maples stated that in order to verify the findings of the applicant's TIS,staff authorized the City's traffic consultant Stanton Foerster(Foerster Engineering,LLC),to review the Innovative Transportation Solutions TIS. According to the City's traffic consultant,several items or issues should be noted prior to taking action on the conceptual plan under consideration. Mr. Maples stated that the Parks board reviewed this case at their October 26, 1998, Park Board meeting and those approved minutes will be forwarded to the Planning and Zoning Commission at the Request of the Board Mr. Maples stated that as referenced in the minutes, the Board was in general agreement with the concept presented and indicated that the proposal should be brought back before the Board for a formal vote when a preliminary plat is filed. Mr.Maples advised Council that at the February 2, 1999,Planning and Zoning Commission meeting, a motion to recommend approval with noted stipulations failed by a 3-3 vote and that specifically, any motion resulting in tie vote automatically defaults to a recommendation for denial. Mr. Maples advised Council that as a result. a three-fourths majority vote by City Council shall be required for approval. (6 votes in favor of approval) Mr. Maples listed the specific stipulations recommended by the Commission and agreed to by the applicant as follows: (He also noted that the applicant has revised the Conceptual Plan accordingly.) Single Family lots backing to 100 year Floodplain shall be restricted to use of 4' wrought iron fencing on the Floodplain line. The wrought iron fence shall extend a minimum of 20' along the side property line; The road adjacent to Park Tract I shall be a 60' collector; Parking shall be provided by the developer in Park Tracts H and I. The location and amount to be determined by the Parks Board during the development plan and platting phases; The 100 Flood Plain shall be designated as a drainage easement and shall be labeled/designated as such on all development plans and plats; Any development plans or plats submitted for Tract D(Business) and/or Tract E(Multifamily)shall be accompanied or preceded by a Phase of single family; The discontinuous streets on the north and west end of the development should end with temporary cul-du sacs until the development in Parker is realized. Wylie should maintain control of how this street is used in the future; and The perimeter screening will consist of a masonry fence which may incorporate some wrought iron and landscape sections. Wylie City Council Minutes February 9, 1999 Page 3 Mr.Maples stated that additional elements/concessions discussed and offered by the applicant but not shown on the Conceptual Plan are as follows: Reduction in the number of SF-3 (Single Family Residential)lots; and Increase the number of SF-1 (Single Family Residential)lots. Mr. Maples was then available for questions from Council. Council had some questions regarding the number of lots the plan had been reduced by since its original plan and concerns regarding the school district boundaries. Mr. Maples stated that there was a reduction of 205 lots and that there was a possibility of realignment of boundaries with the PISD and WISD. Mr. Maples also stated that the seven items negotiated were concerns of the Planning and Zoning Commission as well as limited SF-3 zoning. Mr.Gary Defrain was present and addressed the Council. Mr. Defrain stated that this process has been on going for seven months and involved five submittals. He stated that he originally proposed 1260 lots and has made an effort to work with staff and the comp plan with regard to his submittals. Mr. Defrain then gave Council an overview and his intent of the proposed development. Mr. Defrain stated that he intends to provide an upgrade to the community and that the proposed SF-3 development is not entry level. He then pointed out to Council the many features of the proposal detailing the street design,use of open space and Community Center. Mr. Defrain stated that he hopes to provide a bench mark for future development and that the proposed design would create a sense of community. Mr. Defrain then provided an overlay of the aerial showing the proposed land use. When asked about fencing, Mr. Defrain responded that there would not use wooden fencing and that wrought iron would be required. He stated with regard to storm water,a detention system would be used to control,thereby creating an amenity. There was some concern regarding the maintenance of said system. Mr. Defrain stated that he did visit with Mr. MacLean prior to his leaving, and it was Mr. MacLean's opinion that this type of system was maintainable. With regard to traffic concerns,Mr. Defrain stated that the street design was intended to slow traffic. Mr.Defrain stated that with regard to land use,it was his understanding that Council had suggested no new SF-3 development therefore the Commission may not have been comfortable approving the proposed development. Again,Mr.Defrain emphasized that this in not an entry level product and referred to the Phase I lots on the map. Mr.Defrain stated that he had met with the Mayor on the School district issue. He stated that in order to realign the boundaries, an equal trade or return would be required and that he would work with city staff on the realignment. Mr.Defrain closed stating that his proposal is providing 26 acres of open space and an average lot size of 9,000 square feet. He attributed the larger lot size to the street design. He stated that he felt he did comply with the spirit of the comp plan and commended staff for all the work they have done. Mr. Defrain was then available for questions from Council. Councilman Scott asked if Mr. Defrain knew who his builders would be. Mr. Defrain stated that at this point, he did not,but they would not be entry level builders,stating that he has too much invested in the design for entry level builders. Wylie City Council Minutes February 9, 1999 Page 4 The Mayor stated that the Planning and Zoning Commission has done what Council has asked of them in their " direction to work within parameters and he expressed his appreciation for their work. The Mayor then opened the public hearing and asked that anyone who wished to speak either for or against the zone change to please come forward, stating their name and address for the record and limiting their remarks to five minutes. Carter Porter,413 N. Gaston Mr.Porter spoke in favor of the project. Mr. Porter stated that he felt it was due to a technicality that the SF-3 was not approved by the Planning and Zoning Commission. Mr. Porter is a member of the Planning and Zoning Commission. With no additional response from the audience,the Mayor then closed the public hearing. Councilman Scott made a motion to approve the zone change from A (Agricultural) to PD (Planned Development)for single family,multifamily,business, and open space uses,for the property generally located at the northeast corner of McCreary Road and McMillan Road and being all of a certain 327.485 acre tract out of the John W. Mitchell Survey, Abstract No. 589 and the Lewis M. Marshall Survey, Collin County, Texas. Councilman Young seconded the motion. A vote was taken and the motion passed, 6-0. The Mayor called for a fifteen minute recess before convening into Work session. Work session Capital Projects Update Mr. Collins stated that the workshop was provided for Council to continue any discussion from the February 2 Work session. Mr. Collins reported on the status of the Citizens Bond Advisory Committee. He stated that their job will be to make a final recommendation to Council. Council was reminded of an Executive Session as allowed by Section 551.074,Personnel Matters,to be held on Saturday, February 13 in the Council Conference Room at 10:00 a.m. Adjournment. As there was no further business to come before the Council,the meeting was adjourned. John Mondy,Mayor Attest: Barbara A. Salinas, City Secretary Wylie CityCouncil Minutes r February 9, 1999 Page 5 WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION February 22, 1999 Item No. B, Issue Consider and Act Upon a final plat for the Southplace Estates Phase II subdivision,proposed by Ballpen Venture II, L.P., generally located along the east side of Taos Lane between Cloudcroft Drive and Silvercreek Drive and being all of a 1.9423 acre tract out of the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas. Background The final plat under consideration is Phase II of the Southplace Estates subdivision. The applicant is final platting 1.9423 acres in order to develop the property with eight(8) single family homes. The property is currently vacant,unplatted, and zoned for SF-2 (Single Family Residential)uses. The preliminary plat for this subdivision was approved by the Commission on November 3, 1998, and by the Council on November 17, 1998. Other Considerations • Staff has reviewed the proposed final plat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances ofthe City of Wylie. As a result,this case must be approved as it complies with state statues and the City of Wylie Subdivision Regulations. Financial Considerations Application Fee in the amount of$174.00 - Paid Impact fees in the amount of$16,896.00 - Paid Commission Recommendation At the January 19, 1999, Planning and Zoning Commission meeting, the Commission voted unanimously to favorably recommend this case. Staff Recommendation Approval The Department's of Public Works, Fire, and Community Development concur with this recommendation. Individual Consideration Southplace Estates Paae I Attachments Final Plat Application Final Plat • Pr ar b Re ' e by Finan a City ' hprovai � Y Individual Consideration Southplace Estates Paae 2 Nov 30 98 02: 29p City of W1ie-Comm Deve 972-442-8154 p- 1 • City of Wylie (1/95) APPLICATION AND FINAL PLAT CHECKLIST Date 11/30/98 Name of Proposed Development SOUTHPLACE ESTATES Name of Property Owner/Developer BALLPEN VENTURE II , L.P. Address 8150 N. CENTRAL EXPRWY, #795 Phone (214)692-7066 DALLAS, TEXAS 75206 Owner of Record BALLPEN VENTURE II , L.P. Address 8150 N. CENTRAL EXPRWY, #795 Phone (214)692-7066 DALLAS, TEXAS 75206 Name of Land Planner___R-DELTA_ENGINEERS, INC./FRANK PALMA Surveyor/Engineer Address 705 W. AVENUE B. , # 606 Phone (972)494-5031 GARLAND, TEXAS 75040 Current Zoning SF-2 Total Acreage 1.9423 Number of Lots/Units 8 , l--1.4.° p r Signe , Z./der- The Final Plat shall generally conform to the Preliminary Plat, as approved by the City Council and shall be drawn legibly to show all data on a scale not smaller than 1" = 100' with a graphic scale provided. Six sets of direct prints and three Mylars of all originals, plus one on Mylar to be 17-1/2" x 23-3/4" shall be submitted. Plats prepared using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on diskette to the City. The following Final Plat Checklist is used to check compliance with the Wylie Subdivision Regulations. The following checklist is intended only as a reminder and a guide for those requirements. ...,. poi(_ ' Dale '1 d Mrs Fax Mote R7673/0,, i 3 To �, / Fax9 :2,71 /-7Z_02 iy From 4/�1 Pnore.v -- WYLIE CITY COUNCIL r/t/I INDIVIDUAL CONSIDERATION February 22, 1999 Item No. Issue Consider and act upon approving a resolution ordering a Joint Election with the Wylie Independent School District on May 1, 1999. Background The offices currently held by Councilman Joel Scott, Councilman Lavern Ramsey, and Councilman J.C. Worley are subject to re-election. The resolution proposed will call the joint election with the Wylie Independent School District on May 1, 1999 and a run-off date of June 5, if necessary. The resolution stipulates the polling places where qualified voters can cast ballots for the election. It also outlines the early voting by personal appearance locations. Early voting will take place at the Municipal Complex beginning April 14, 1998 through April 27, 1998 from 8:00 a.m. to 5:00 p.m. There will be an extended hour voting on Thursday, April 22, 1998 from 8:00 a.m. to 7:00 p.m. and on Saturday, April 24, 1998 from 8:00 a.m. to 5:00 p.m. The Collin County Election contract details the duties and responsibilities of both the contracting officer and the City. The first day to file for office is February 15, 1999. The last day to file is March 17, 1999 before 5:00 p.m. Candidate packets are currently available in the City Secretary's office. In 1995 the State Legislature passed a bill that enables municipalities to cancel the election if all of the candidates are running unopposed or there are no propositions on the ballot. If at the end of the filing deadline, all candidates are unopposed, a certification will be delivered to the Council declaring the candidates are unopposed. On receipt of the certification, the Council by ordinance may declare each unopposed candidate elected to the office. If a declaration is made, the election is not held. A copy of the ordinance shall be posted on election day at each polling place that would have been used in the election. A certificate of election shall be issued to each candidate in the same manner as provided for a candidate elected at the election. Financial Consideration Three thousand three hundred and fifty dollars ($3,350) has been budgeted for the city's share in the joint elections. Details on the cost sharing is provided within the contract with the County Elections Administration. According to the Elections Administrator, should Council elect to hold a bond election in conjunction with the General Election, the contract would not require an amendment, nor do we anticipate a change in the estimated cost. Item for Individual Consideration Resolution ordering Joint Election Page 1 Other Consideration The Texas Election Law, Chapter 3 gives direction in ordering the election. The resolution, if approved, will meet statutory requirements for ordering the municipal election under Article 5, Sections 1-7 of the Home Rule Charter. Section 2.051, Subchapter C of the Texas Election Law applies to the ruling on an unopposed candidate. In May of 1998, the qualified voters of the City of Wylie voted to amend Article III, Section 1(A) (Number, Selection and Term) of Wylie's Home Rule Charter to increase the term of office that the mayor and councilmen shall serve from two (2) years to three (3) years. On January 12, 1999, the City Council amended Ordinance No. 85-3 and Wylie's Home Rule Charter to increase the term of office that the mayor and councilmen shall serve from two (2) to three (3) years. Ordinance No. 85-3 and Article III, Section 1(A) (Number, Selection and Term) of Wylie's Home Rule Charter are hereby amended to read as follows: "The mayor and councilmen shall be elected by the qualified voters of the qualified voters of the city at large, each of whom, unless sooner removed by the provisions of this Charter, shall serve for a term of three!years.' Each councilmen shall occupy a position on the city council, such positions being numbered 1 through 6, consecutively. " The method of election and transition to three (3) year terms under the place system will be as follows: Places 1, 3, and 5 will be up for re-election in 1999. ' Places 1 and 3 will have a two-year term, and Place 5 will have a three-year term. Places 2, 4, 6 and the Mayor will be up for re-election in 2000. Place 6 and the Mayor will have a two-year term and Places 2 and 4 will have a three-year term. Beginning in 2001, each Place, including the Mayor, will be re-elected with three-year terms. Staff Recommendation Staff recommends approval of the resolution. Attachments Resolution Copy of Election Calendar Candidate Qualifications Cost Summary • pare y Revie d by Finan Ci y Man er Approval Item for Individual Consideration Resolution ordering Joint Election Page 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY,TEXAS,ORDERING A JOINT ELECTION TO BE HELD ON MAY 1, 1999, FOR THE PURPOSE OF ELECTING THREE(3)MEMBERS, (PLACE 1, 3, AND 5), TO THE CITY COUNCIL; PLACE 1 AND 3 WILL HOLD OFFICE FOR A PERIOD OF TWO YEARS AND PLACE 5 WILL HOLD OFFICE FOR A PERIOD OF THREE YEARS; DESIGNATING LOCATION OF POLLING PLACE; ORDERING NOTICES OF ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN CONNECTION WITH SUCH ELECTION. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT: SECTION 1: An election is hereby ordered to be held jointly with the Wylie Independent School District on Saturday, May 1, 1999, for the purpose of electing three (3) City Councilmembers to fill the following expiring terms on the Wylie City Council; Place 1, Place 3 and Place 5. Place 1 and 3 will hold office for a period of two (2) years and Place 5 will hold office for a period of three (3) years. SECTION 2: The polling place where qualified voters shall cast ballots at such location in the City of Wylie 1999 regular municipal election is as follows: County Election Precincts Polling Place All City Precincts Precinct 25 Southfork Mobile Home Park 210 Southfork Blvd. Precincts 27, 56 & 83 First United Methodist Church 109 W. Jefferson Wylie, Texas Election polls shall be open from 7:00 a.m. until 7:00 p.m. on the date of the election. SECTION 3: Early voting by personal appearance shall be available at the Collin County Sub Courthouse, 920 E. Park, Suite 120, Plano, Texas, and Wylie Municipal Complex, 2000 N. Highway 78,Wylie, Texas, beginning on Wednesday, April 14, 1999 through Tuesday, April 27, 1999, during the normal working hours of 8:00 a.m. to 5:00 p.m. with extended voting hours on Thursday, April 22, 1999 from 8:00 a.m. to 7:00 p.m. and Saturday, April 24, 1998 from 8:00 a.m. to 5:00 p.m. Applications for ballot by mail shall be requested from and mailed to Bill Bilyeu, Collin County Elections Administrator, Collin County Elections Administration Office, 920 E. Park Blvd., Suite 120, Plano, Texas 75074. Applications for ballots by mail must be received no later than the close of business on April 23, 1999. Resolution No. Page 2 SECTION 4: The City Secretary is hereby authorized and directed to publish and/or post, in the time and manner prescribed by law, all notices required to be so published and/or posted in connection with the conduct of this election. The Collin County Election contract shall designate the election judges for the joint election. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Collin County, Texas, on this the 22nd day of February, 1999. John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary QUALIFICATIONS CITY COUNCIL - Charter Section Article 5, Section 2, A. & B. Registered voter of Texas Resident of Wylie for at least twelve (12) months preceding the election within the corporate limits of the city. Shall not, after notice of any delinquency, be in arrears in the payment of any taxes or other liabilities due the City of Wylie. An incumbent city councilman seeking re-election must file for the same place position number currently being served. No candidate may file in a single election for more than one office or place position. No employees of the city shall continue in such position after filing for an elective office. Shall not concurrently hold an elective office with the city other than the one being filed for. Every person desiring to file for elective office with the city shall first present to the City Secretary a sufficient petition signed by a minimum of the greater of the following: a. 25 persons; or b. a number of persons equal to one-half of one percent of the total vote received by all candidates for Mayor in the most recent mayoral general election who are qualified voters in the City. 01/28/99 13:01 '&9726333214 ELECTIONS Z 010/012 - City of Wylie - Estimated Contract Cost - Exhibit "A" 01/28/99 09:49 AM ELEC82 May 1, 1999 SUPPLY COST - CITY 500 $61 per M $30.50 Punch Card Ballots 20 $0.55 each $11.00 Sample Ballots 10 $0.55 $5.5Q Early Voting Mail Ballots 10 $5 per C $2.50 Demonstrator Ballots 53 $6.75each $2025 Frames (Ballot Pages) 1 $30 each $30.00 Ballot Style Setup by the Printer I Cost-City $99.75 Total Estimated Supply SUPPLY COST - CITY &WISD 1500 $61 per M $91.50 Punch Card Ballots 20 $0.85 each $17.00 Sample Ballots 10 $0 90 $9.00 Early Voting Mail Ballots 500 $5 per C $25.00 Demonstrator Ballots 6 $g.50each $51.00 Frames (Ballot Pages) each $75.00 1 $50 Early voting and election day kits 3 $25 5 each $75.00 Cental Counting kit and supplies 3 $5 each $50.00 County precinct maps 1 $30 each $30 00 Ballot Style Setup by the Printer $363.5Q Total Estimated Supply Cost- City &WISD RENTAL OF EQUIPMENT - CITY Voting Machines 3 $30 each $90•00 Total Estimated Equipment Rental - City $90.00 RENTAL OF EQUIPMENT - CITY & WISD 6 $30 each $180.00 Voting Machines 1 $50 each $50.00 Early Voting Cabinet 2 $5 each $10.00 Transfer Cases 4 $5 each $20.00 Ballot Boxes 4 $1 each $4.00 Metal Signs 4 $2 each $8.00 Wood Signs 4 $5 each $Z0.00 Large Early Voting Signs 3 $5 each $15.00 Demonstrator Voting Machine 4 $5 e0 5.00 Directional Poles 2 $1 each $2.00 Tote Boxes $311.00 Total Estimated Equipment Rental - City &WISD EARLY VOTING COSTS - CITY & WISD 5 $1 each $5 0Q Mailed Ballot Kits 5 $0.52 EACH $2.60 Postage for mailed Early Ballots Workers for early voting location 2 # of workers 210.75 $6 per hour $1,264.50 Total hours worked1 $25 per poll $25.00 1 Pickup &Delivery of early voting supplies $48 per site $ .00 Assemble Early Voting Location 1 $300 per site $300.008 Early Voting Computer at site $1,645.10 Total Estimated EV Costs - City &WISD 42.05 EARLY VOTING BALLOT BOARD - CITY ONLY $42 05 Total Early Voting Ballot Board -City Only 01/28/99 13:02 129726333214 ELECTIONS Qh011/012 01/28/99 page 2 ELECTION DAY - CITY &WISD 9 #of election poll workers 104 $6 per hour $624.00 Total hours worked 2 $25 perpll 50. 0 #of delivery fees to election judges Costs-City 5 WISD $674.00 Total Estimated Election Day ADMINISTRATIVE EXPENSES - CITY & WISD $60.00 $$60.00. 0 Manual recount per Election Code 11 $1.50 each $s o0 Process early voting and poll worker checks 6 $1.50 each #of mail election judge notices $85.50 Total Estimated Administrative BY ALL'ENT TIES TABULATION AND CENTRALIZED COSTS SHARED $1,400.00 Tabulation Network $1,270.10 Programming $6 per hour $495.60 Cost for central count workers $1,495.60 58 FICA on election workers ,697 Press Release $104.5004. 0 Notice of tabulation test $$42.00 Early Voting personnel Plano $300.0084 Early voting computer in Plano $ 300.00 County overtime and temporaries 4� 36.06 FICA & Retirement for County employees $8,197.23 Total Estimated Tabulation &Centralized Costs SUMMARY OF COSTS $9 Total Estimated Supply Cost- City $99.75. 5 Total Estimated Equipment Rental- City $90 0 Total Early Voting Ballot Board - City Only $231. 5 Total Total Estimated Supply - Cost City&WISD $363.50 $$ 0 .3110 Total Estimated Equipment Rental -City&WISD 311. 0 Total Estimated EV Costs -City &WISD $675.10 Total Estimated Election Day Costs -City &WISD 85 50 Total Estimated Administrative Costs-City &WISD $3 07 Total .10 Expense divided by number of entities sharing early voting and election day polls 2$1 539.5 Total for City WISD &City 5 g 1�97 23 Total Estimated Tabulation &Centralized Costs $8,197.23 Total 11 Expense divided by total number of entities contracting with County for May election $745.20 Total for City $2,516.55 Entity's share of expenses 5� 1 .555 County Election Officer's Administrative Charge at 10% .21 $2,768 Total estimated expense to entity for May 1, 1999 Election $2, 68. 21 90 % Due prior to March 12, 1999 ELECTION CALENDAR For a City's General Election on May 1, 1999 This calendar indicates the dates for actions necessary in a general election of city officers to be held on May 1, 1999. It includes all major actions for which the Election Code prescribes a specific date or deadline for performance,but it does not include all actions(e.g.,preparation of ballot boxes and other election equipment and of sets of precinct election forms)for which the beginning date for performance can vary from one city to another depending on local factors. Each city secretary should use the chart in M§9.02 of the Texas Municipal Election Law Manual in conjunction with this calendar to fill in those dates on the city secretary's personal election calendar created in accordance with local conditions[see M§9.03]. If this calendar recommends a discretionary date but the city secretary prefers a different date,the city secretary should enter the chosen date on his personal election calendar. Column 5 indicates the time interval between the date of the action and election day. For example,the notation"75th"in the entry for February 15 means that the first day for filing an application for a place on the ballot is the 75th day before election day;the notation"+60"in the entry for June 30 means that the normal preservation period for precinct election records expires on the 60th day after election day. When there is a statutory requirement,the number in Column 5 reflects that requirement. In preparing a personal calendar,the city secretary should remember the rule in EC§1.006 that if the last day for performance of an action falls on a Saturday,Sunday,or a state or national holiday, the deadline date usually is extended to the next regular business day[see M §2.16]. Exceptions are noted in this calendar. Major steps are in BOLD PRINT. Steps for early voting are in ITALICS. By or With Manual Date Action Whom Taken Ref. § Column 5 Jan. Obtain a supply of the following City 7.11 *1 19`h 2 forms: candidate's application for Secretary et seq. place on ballot; appointment of 18.10 campaign treasurer (candidate and specific-purpose committee); report of contributions and expenditures (candidate-officeholder and specific- purpose committee); application for mail ballot, and a set of administrative forms if ordered from a supply house. (Set up schedule for ordering precinct sets and other forms if they are to be ordered later.) *An asterisk in Column 5 indicates the time stated is not required by statute. vii 1998 1999 ELECTION CALENDAR By or With Manual Date Action Whom Taken Ref. § Column 5 Mar. First day to apply for mail ballot. Note City 16.51 60th 2 the waiting period before a voter's Secretary et seq. application is available to public [M 17.02 §16.53(a) & §16.56(g)1. Note the Federal postcard exception [See M §17.03(b)1. 2 First day of the period Texas Ethics City Secre- 18.01 60' Commission will defer investigation tary/Texas until after election (or runoff) if an Ethics Corn- allegation is filed. mission 8-19 Recommended period for APPOINTING City Council 4.03 •54rd ELECTION JUDGES. [31 (Schedule for [1] 4.04 thru first council meeting after period if no 4.05 *43rd meeting during period.) See M §10.15 on giving notice to election judges. 12 Beginning date of period for mandatory City 2.15 50t'' office hours. Secretary 14 Remove candidate's name from ballot City 11.25 48th if he dies on/before March 14, even Secretary though it falls on a weekend. The occurrence is not an official action. 15 Recommended last day to POST 72 City 8.06 *47t" HOUR NOTICE OF DRAWING before Secretary drawing for order of names on ballot. 16 Recommended LAST DAY FOR ORDER City Council 3.07 •46t" DESIGNATING ELECTION PRECINCTS AND POLLING PLACES. (Preclearance may be needed.) 17 First day to mail early ballots, if City 16.57 45' available. Note the waiting period Secretary before roster is available to public[See M §16.56(g)]. 17 LAST DAY FOR FILING APPLICATION City 11.05 45th FOR PLACE ON BALLOT (must be Secretary 11.06 received by 5 p.m.). City secretary's office should stay open until 5 p.m. *An asterisk in Column 5 indicates the time stated is not required by statute. ix 1998 1999 ELECTION CALENDAR By or With Manual Date Action Whom Taken Ref. § Column 5 Apr. Last day for submitting voter registra- Registrar 6.23 30th 1 tion application in time to vote at the 6.25 election or for requesting transfer of registration in time to vote in new precinct not in the same county and territory. 1 RECOMMENDED LAST DAY TO Mayor 10.15 *30t" NOTIFY PRESIDING JUDGES OF DUTY TO HOLD ELECTION. 1 First day of period for inspecting and City 7.38 30" sealing voting machines to be used on Secretary election day. City secretary posts notice at least 48 hours before inspection. 1 Recommended LAST DAY TO City 6.32 *30th REQUEST voter registrar to prepare Secretary 6.35 lists of registered voters and furnish 7.42 statement of residence forms to be used in conducting the election. 1-21 PERIOD FOR PUBLISHING NOTICE OF Mayor [1] 3.07 30" ELECTION. 10.12 thru 20.04 10" 2 Minimum 10th day to post continuous City 16.72 29t" notice if signature verification com- Secretary mittee meets April 12. 9 Last day to post continuous notice of City 16.22 22nd schedule for branch early voting polling Secretary places. 9 Last day for inspecting and sealing City 7.38 22nd voting machines to be used in early Secretary voting. 9 Recommended last day to request City 9.45 *22nd waiver of partial manual recount of Secretary electronically counted ballots. t *An asterisk in Column 5 indicates the time stated is not required by statute. xi 1998 1999 ELECTION CALENDAR By or With Manual Date Action Whom Taken Ref. § Column 5 Apr. Last day to receive application by mail City 16.51 7m 23 for a ballot to be voted by mail, by 12 Secretary 16.55 noon or close of business, whichever is later. 7th day is on a Saturday. Move date to Friday, April 23. 23 Due date for filing second report of City 18.06 7th campaign contributions and expendi- Secretary tures by 5 p.m. 7th day is on a Saturday. Move date to Friday, April 23. 26 Last day for inspecting and sealing City 7.38 5th voting machines to be used on election Secretary day. (Post notice 48 hours before test.) 26 First day for death in family to qualify City 17.31 5th for late (emergency)early voting. Secretary 27 Last day of regular early voting by City 16.21 4th personal appearance. Secretary ' 27 As soon as early voting is over, and City 16.74 4th thru until 7:00 p.m. May 1, early voting Secretary close of ballots may be delivered to the early polls voting ballot board if notice require- ments have been followed. In a county with a population of 100,000 or more the early voting ballot board may also count the early ballots during this period. 28 Last day to receive an application to City 16.59(a) 3rd cancel mail ballot. Secretary 28 Last day for conducting first test of City 7.40 3rd automatic tabulating equipment to be Secretary used at a polling place (at least 48 hours before use on election day). Notice must be published at least 48 hours before date of test. 28-30 Period to apply for late (emergency) City 17.32 3rd early voting because of death in family Secretary thru 1't April 26 or later. *An asterisk in Column 5 indicates the time stated is not required by statute. xiii 1998 1999 ELECTION CALENDAR By or With Manual Date Action Whom Taken Ref. § Column 5 May Deliver early voting ballots, etc., to City 16.73 1 early voting ballot board. Second key Secretary to ballot box is delivered by chief of police or marshal. 1 After regular mail delivery, check mail City 9.23 box for early voting mail ballots. Secretary 16.58 1 Receive precinct records,voted ballots, City 9.33 etc. (Chief of police or marshal Secretary 9.34 receives keys to ballot boxes contain- Mayor ing voted ballots.) 1 UNOFFICIAL TABULATION OF City 9.35 RESULTS. Secretary 3 Deadline for receiving early voting City 16.58(b) +2 ballots mailed from outside the Secretary country. 4 PROVIDE OFFICIAL OATH AND City 12.32 *+3 STATEMENT OF ELECTED OFFICIALS Secretary to candidates who appear to have won, or may win. May PERIOD FOR OFFICIAL CANVASS. City Council/ 9.42 +3 thru 4-7 Mayor sets exact day and hour. City City 9.44 +6 secretary records results in election Secretary register as soon as practicable after canvass. See comment in M. §16.74(e) on time for canvass. 4-7 Report of early votes cast for each City 16.87 +3 thru candidate or measure, by election Secretary +6 precinct. 4-7 AFTER CANVASS, ISSUE CERTIFI- Mayor 12.23 +3 thru CATE OF ELECTION. +6 4-12 MAYOR ORDERS RUNOFF ELECTION, Mayor'" 14.04 +3 thru if necessary, not later than 5th day +11 after canvass. [21 *An asterisk in Column 5 indicates the time stated is not required by statute. xv 1998 1999 ELECTION CALENDAR By or With Manual Date Action Whom Taken Ref. § Column 5 July CONTENTS OF BALLOT BOXES may City 9.50 +62 2 be destroyed unless there is a contest, Secretary criminal investigation,or open records request (or city records management order). 15 Last day for timely filing of semiannual City 18.05 report of contributions and expendi- Secretary tures. Endnotes [1] Follow home-rule city's charter provision,if any. [2] There are 3 exceptions allowing the date for a runoff to be extended to a time no later than the 45th day after the official canvass. EC§2.025 allows the extension to accommodate a joint runoff,to avoid a holiday,or to avoid a long holiday weekend. Remember to preclear any date different from the past. [3] The city's governing body may choose to conduct a mock student election under EC §276.007. The major steps taken for a general election should be taken for a student election. The student election may be held on the first day before the election,but results must not be published until after the polls close on election day. NOTE ON CALENDAR FOR SPECIAL OR RUNOFF ELECTION To prepare a calendar for a special election to fill a vacancy in office,see M§13.02; for a special election on a measure,see M§15.02;for a runoff election,see M§14.03. NOTE ON CONTEXT When reading a section of the Election Code,do not forget to read the chapter and subchapter titles for the application of the section you are reading. 1 xvii WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION February 22, 1999 Item No.Batt Discuss and consider approval of a Resolution urging the State Legislature tp increase appropriations to the Texas Department of Transportation (TxDOT) for road and bridge maintenance and expansion Background The Texas Good Roads/Transportation Association is asking local entities to consider adoption of a Resolution which supports an increase in allocations to TxDOT for the purpose of road and bridge maintenance and expansion. The source of funding for this increase would be accomplished by funding the Department of Public Safety from a source other than the State Highway Fund and by changing the point of accountability for state motor fuel taxes from the distributer to the terminal rack. The Resolution also supports the increase of appropriations to TxDOT in order to leverage the maximum amount of federal funding to the State through the Transportation Equity Act for the 21st Century. Financial Considerations N/A Other Considerations N/A Board/Commission Recommendation N/A Staff Recommendation N/A Attachment Letter - Texas Good Roads/Transportation Association Resolution ,V\.\ Prepared y Revie 11, by Finance City Manager Approval Item for Individual Consideration Resolution-Appropriations for Roads, Bridges Maintenance & Epansion Page I RESOLUTION NO. RESOLUTION URGING THE TEXAS LEGISLATURE TO INCREASE APPROPRIATION FOR ROAD AND BRIDGE MAINTENANCE AND EXPANSION WHEREAS,road and bridge maintenance and expansion is a core function of government; and WHEREAS,mobility is fundamental to Texas economic vitality and quality of life; and WHEREAS, maintaining mobility requires a continuing investment of state resources to maintain and expand the surface transportation infrastructure to meet identified needs; and WHEREAS, current level appropriations to the Texas Department of Transportation (TxDOT)are adequate to address only one-third of the identified Texas transportation needs; and WHEREAS, Texas should increase its annual investment in surface transportation infrastructure to a level that will enable TxDOT to address at least one-half of the state's identified transportation needs; and WHEREAS,increased appropriations to TxDOT are necessary to continue state-funded road and bridge maintenance and construction programs and simultaneously leverage the maximum amount of federal funding for which Texas is eligible from the Transportation Equity Act for the 21st Century. NOW,THEREFORE BE IT RESOLVED BY THE WYLIE CITY COUNCIL: Section 1: That the 76th Legislature be and hereby is urged to increase annual appropriation to TxDOT by (a)funding the Department of Public Safety from a source other than State Highway Fund 006 so that Fund 006 resources will be available to maintain and expand road and bridge infrastructure and(b)moving the point of accountability for state motor fuel taxes from the distributor to the terminal rack. Section 2: That a copy of this resolution be transmitted to the offices of the Govenor, Lieutenant Governor, Speaker of the House of Representatives, the Chairman of the Texas Transportation Commission,and the chais of the following legislative committees: Senate Committee on Finance, Senate Committee on State Affairs, House Committee on Appropriations, House Committee on Transportation,House Committee on Ways and Means,and House Select Committee on Revenue and Public Education Funding. PASSED AND APPROVED 22nd day of February, 1999. Mayor John Mondy ATTEST: Barbara A. Salinas, City Secretary Texas TEXAS GOOD ROADS/TRANSPORTATION ASSOCIATION W+ 1122 Colorado, Suite 305 • Austin, Texas 78701 • (512) 478-9351 • Fax (512) 478-0811 Transportation Association February 2, 1999 Chairman RAY STOKER Odessa Chairman-Emeritus ROBERT C.LANIER Houston President PATRICIA MADDOX Houston Vice President RAUL ROMERO Houston Treasurer Mr. John Mondy KATHALEEN FORD SMITH Austin City of Wylie Past Chairman * LANDON ALFORD 2000 Highway 78 Henderson DAVID GLASS Wylie, TX 75098 Ps CALLAN GRAHAM Junction RONALD E.HALE Bryan Dear Mr. Mondy: * DICK HARRIS Wichita Falls * JACK JEFFREY Waco CHARLES D.KIRKHAM Thanks so much for attending our "Fair Funding for Highways" Dallas HARRY LEDBETTER reception on January 6th. Fort Worth *WADE LORENZ Stockdale * LLIVEkTHOMAS Lubbock Enclosed you will find a resolution supporting the two key issues Executive Committee discussed at our meeting. It would be greatly appreciated if you would JACK ALBERT San Angelo JIMMY BILDERBACK seek adoption of this by your chamber, city, county, company, civic group, n BENNIE BOCK etc. If you do receive such approval, please send us a hard copy. We will New Braunfels DAVID BRUNE collect them in a booklet we will give to members of the 76th Legislature. Irving JIM DANNENBAUM Houston KEVINELTIFE TylerlerBest egards, RANDY ENGSTROM Dallas CLINT FORREST /J Cleburne CATHY S.GOLDEN Dallas FRED HELDENFELS,IV Corpus Christi GLENN JOHNSON Lawrence Olsen Houston CYNTHIA MEYER Executive Vice President San Antonio J.NEAL MILLER,JR. Austin DOUG PITCOCK Houston TRENT SISEMORE Amarillo BILL SUMMERS P.S. - Please visit our new web page at: www.tgrta.com Weslaco FRANK THOMPSON Housn DON WALLAlso enclosed is a membership brochure. If you're already a member, Paris WEISMAN San Marcos sign up another business or a colleague. San M Honorary Members JOE M.DEALEY Dallas LUTHER DeBERRY Lufkin MARK GOODE Dallas JACK KEESE College Station ARNOLD OLIVER Wichita Falls BILL SNELLGROVE Horseshoe Bay Staff LAWRENCE OLSEN Executive Vice-President KAREN JOHNSON Director of Public Affairs REBECCA SHORT Administrative Assistant Honorary Members WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION February 22, 1999 Item No. 3 hug Consider and act upon approval of a Resolution suspending the proposed effective date of the proposed rate schedules of Texas Utilities Electric Company. Background Texas Utilities Electric Company ("TU Electric") has filed a statement of Intent and Application to implement proposed Rate GTU-M-General Service Time-Of-Use-Municipality, Rate RTUI-M- Residential-Time-Of-Use-Municipality, and Rate GTUC-M-General Service Time-Of-Use Voluntary Curtailable Municipality. These optional time and use rates would be available to TU Electric residential, commercial and industrial customers on a voluntary basis at the customers choice. These time-of-use rate options will allow participating customers to plan and manage their electrical energy usage to shift their loads from TU Electric's peak periods to TU Electric's off-peak periods, thereby saving on their electric bills and, at the same time, allowing TU Electric to acquire less resources to meet the peak loads of all of its customers. The proposed rates provide four pricing levels with eight distinct time-of-use periods that offer an additional pricing option for residential, commercial and industrial customers. Consumption during the Company's relatively few on-peak hours is discouraged by high energy prices. Conversely, low off-peak pricing gives customers the incentive necessary to engage in load shifting from on-peak to off-peak periods. Customers who can reduce their loads during the on-peak hours specified in those rates and/or who can shift their loads from the on-peak hours to the off-peak hours can achieve considerable savings as a result of their actions. The proposed time-of-use rates replace the demand charge pricing provisions with an energy-based pricing schedule that is applicable to a set of predetermined pricing periods. Attached to this Agenda Communication is information received from TU Electric, including a copy of the Direct Testimony of Stephen Houle, Rates Manager for TU Electric Company, before the Public Utilities Commission. The testimony material is a very detailed explanation of the three new Time-of- Use rates that TU is proposing as voluntary options. Other Considerations TU Electric is engaged in the business of providing electric utility service within the City and is using the public streets, alleys, grounds and rights-of-way within the City for that purpose under the terms of a franchise ordinance. The last date amendments were made to the franchise ordinance was 7-2-93 and consisted of the franchise payment increasing from three(3)to four (4) percent of its gross receipts from the retail sale of electric power and energy within the City. Individual Consideration Effective Date- Texas Utilities Rates Page 1 Other Considerations continued Passage of the Resolution would suspend the proposed effective date of said proposed Time-Of-Use Rate Schedules for a period of 90 days from February 19, 1999. An Ordinance approving final adoption of the new rate would be considered by the City Council on Tuesday May 12, 1999,with its effective date Tuesday, May 19, 1999. Financial Considerations The FY99 Budget projected that the total franchise fees collected from TU Electric and FEC Electric would total$463,000. The portion attributed to TU Electric would be$421,000. The new rate plan is entirely voluntary on the part ofthe customer. Therefore, staffwill report any changes to the franchise fees collected as it becomes known in the future. Board/Commission Recommendation N/A Staff Recommendation N/A Attachments Resolution Statement of Intent 41/A10-- 61,(AJI.,-6. Prepared by evie by Finance/ City ager Approval Individual Consideration Effective Date-Texas Utilities Rates Paae 2 RESOLUTION NO. A RESOLUTION SUSPENDING THE PROPOSED EFFECTIVE DATE OF THE PROPOSED RATE SCHEDULES OF TEXAS UTILITIES ELECTRIC COMPANY, PROVIDING FOR NOTICE HEREOF TO SAID COMPANY,AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, Texas Utilities Electric Company heretofore, on January 15, 1999, filed with the Governing Body of this municipality its Statement of Intent and A;;ocation,together with supporting testimony,proposing to implement within the corporate limits of this municipality proposed new rate schedules that provide additional rate options for its customers,which options are entirely voluntary on the part of the customer, namely its proposed Rate GTU-M-General Service Time-of-Use- Municipality,proposed Rate RTU1-M-Residential Time-of-Use Service-Municipality,and proposed Rate GTUC-M-General Service Time-of-Use Voluntary Curtailabe-Municipality (said three proposed new rate schedules hereinafter collectively referred to as the "Time-of-Use Rate Schedules"), to be effective on February 19, 1999; and WHEREAS, in order to allow sufficient time for the consideration of the data filed by said Company,it is the desire of the Governing Body of this municipality to suspend,pursuant to Section 36.108(a)(1)of the Texas Utilities Code,the proposed effective sdate of said proposed Time-of-Use Rate Schedules for a period of 90 days from February 19, 1999; NOW THEREFORE, BE IT RESOLVED BY THE CITY OF THE CITY OF , TEXAS: SECTION 1. That the effective date of the proposed Time-of-Use Rate Schedules is hereby suspended for a period of 90 days from February 19, 1999. SECTION 2. That the Secretary of this municipality is hereby directed to deliver a copy of this Resolution to Teas Utilities Electric Company promptly after the passage hereof. SECTION 3. It is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public and that public notice of the time, place, and purpose of said meeting was given, all as required by law. PASSED AND APPROVED at a Regular Meeting of the City of the City of , Texas on this the day of , 1999. Mayor ATTEST: Secretary 271/ELECTRI C Lone Star Gar T s x s s U t I l I t l e s C o m p a n l s s January 15, 1999 City of Wylie 2000 Hwy 78 N Wylie TX 75098 Enclosed for filing please find a Statement of Intent and Application of Texas Utilities Electric Company. This filing requests approval of three time-of- use rate options that would be available to residential, commercial and industrial customers within the city limits. These rates are strictly voluntary at the customer's choice. Materially identical time-of-use rates are pending approval at the Public Utility Commission of Texas in that Commission's Docket No. 17942. The proposed rates themselves, as well as supporting data underlying the proposed rates, are set forth in the direct testimony of Stephen J. Houle, attached to the Statement of Intent and Application as Exhibit A. Should you have any questions concerning this filing, please give me a call. Very truly yours, `4J Janke Town Manager Receipt 'Acknowledged By: y Name: ►' 1 CeelL Title: trn odvie°? Date: l 151 11 1310 State Highway 66 Garland,Texas 75040 BEFORE THE GOVERNING BODY OF THE CITY OF WYLIE, TEXAS APPLICATION FOR APPROVAL OF § TIME-OF-USE RATE OPTIONS FOR § DOCKET NO. TEXAS UTILITIES ELECTRIC COMPANY§ STATEMENT OF INTENT AND APPLICATION TO THE HONORABLE SAID GOVERNING BODY: COMES NOW Texas Utilities Electric Company ("TU Electric") and files this its Statement of Intent and Application to implement proposed Rate GTU-M - General Service Time-of-Use-Municipality, Rate RTU1-M - Residential Time-of-Use-Municipality, and Rate GTUC-M - General Service Time-of-Use Voluntary Curtailable-Municipality, respectfully showing the following: In an effort to provide additional rate options that will not only benefit participating customers but will also benefit non-participating customers, TU Electric has held discussions with several of its customers and has developed optional time-of-use rates that would be available to TU Electric's residential, commercial, and industrial customers on a voluntary basis at the customer's choice. These time-of-use rate options will allow participating customers to plan and manage their electrical energy usage to shift their loads from TU Electric's peak periods to TU Electric's off-peak periods, thereby saving on their electric bills and, at the same time, allowing TU Electric to acquire less resources to meet the peak loads of all of its customers, which will benefit both participating customers and non-participating customers as well. The optional time-of-use rates for which approval is sought are: (a) Rate GTU-M - General Service Time-of-Use-Municipality, which would be available to any TU Electric customer, regardless of the voltage at which the individual customer takes electric service, and which would typically include all customers receiving firm electric service under one of TU Electric's existing general service rates, Rate GS - General Service Secondary, Rate GP - General Service Primary, and Rate HV - High Voltage Service; (b) Rate RTU1-M - Residential Time-of-Use Service-Municipality, which would -1- be available to any TU Electric residential customer who would otherwise take electric service under one of TU Electric's residential rates, including Rate R - Residential Service and Rate RTU - Residential Time-of-Use Service; and (c) Rate GTUC-M - General Service Time-of-Use Voluntary Curtailable- Municipality, which would be available to any TU Electric customer, regardless of the voltage at which the individual customer takes electric service, and which would typically include customers that could interrupt or significantly reduce their usage during peak periods similar to customers receiving interruptible electric service under TU Electric's Rider I - Interruptible Service. Materially identical time-of-use rates are pending approval at the Public Utility Commission of Texas in that Commission's Docket No. 17942. These proposed time-of-use rate options each provide for four different pricing levels with eight distinct time-of-use periods. The proposed rates themselves, as well as supporting data underlying the proposed rates, are set forth in the direct testimony of Stephen J. Houle, attached hereto as Exhibit A and made a part hereof for all purposes. Proposed Rate GTU-M - General Service Time-of- Use-Municipality is attached to Mr. Houle's said testimony as Exhibit SJH-1; proposed Rate RTU1-M - Residential Time-of-Use Service-Municipality is attached to that testimony as Exhibit SJH-2; and proposed Rate GTUC-M - General Service Voluntary Curtailable- Municipality is attached to that testimony as Exhibit SJH-3. II. TU Electric's authorized representatives are: Stephen J. Houle Rates Manager Texas Utilities Electric Company Energy Plaza 1601 Bryan Street, Suite 32-002 Dallas, Texas 75201 Telephone:.(214) 812-4821 and J. Dan Bohannan Worsham, Forsythe & Wooldridge, L.L.P. -2- 1601 Bryan Street, 30th Floor Dallas, Texas 75201 Telephone: (214) 979-3000 General inquiries concerning this Statement of Intent and Application should be directed to Mr. Houle at the above-stated address and telephone number. All pleadings, motions, orders, and other documents filed in this proceeding should be served upon Mr. Bohannan at the above-stated address. III. This City has jurisdiction over TU Electric and the subject matter hereof by virtue of Sections 33.001, 36.001, 36.003, and 36.101-36.111 of the Texas Utilities Code ("PURA"). IV. TU Electric's business address and telephone number are: Texas Utilities Electric Company Energy Plaza 1601 Bryan Street Dallas, Dallas County, Texas 75201 Telephone: (214) 812-4600 V. In accordance with the provisions of PURA § 36.102, TU Electric proposes that these proposed rates be implemented effective on February 19, 1999 (which is 35 days after the filing hereof), the proposed effective date, or as soon thereafter as permitted by law. VI. While each of the proposed time-of-use rate options is wholly optional at the customer's choice, these rates are, considered together, available to all of TU Electric's retail customers. Thus, all of TU Electric's retail customers and classes of retail customers within the corporate limits of this City will be affected if this Application is granted. VII. Notice of the filing of this Application is being published in newspapers of general circulation in each county in which the proposed optional time-of-use rates are proposed to be implemented and is being delivered to all affected customers, all in accordance with PURA § 36.103. WHEREFORE, PREMISES CONSIDERED, TU Electric respectfully prays that this -3- Application be in all things granted, that the proposed Rate GTU-M - General Service Time-of-Use-Municipality, Rate RTU1-M - Residential Time-of-Use Service-Municipality, and Rate GTUC-M - General Service Time-of-Use Voluntary Curtailable-Municipality be approved as filed, and that it be granted such other and additional relief to which it is justly entitled. Respectfully submitted, WORSHAM, FORSYTHE & WOOLDRIDGE, L.L.P. J. Dan Bohannan State Bar No. 02563000 1601 Bryan Street, 30th Floor Dallas, Texas 75201 Telephone: (21 ) 979-3000 Fax: (214) 880- 011 By: .16 LAIld A • ' E S FOR TEXAS UTILI IES LECTRIC COMPANY -4- EXHIBIT A DIRECT TESTIMONY OF STEPHEN J. HOULE FOR TEXAS UTILITIES ELECTRIC COMPANY JANUARY 1999 DIRECT TESTIMONY OF STEPHEN J. HOULE WITNESS FOR TEXAS UTILITIES ELECTRIC COMPANY TABLE OF CONTENTS I. POSITION AND QUALIFICATIONS 2 II. PURPOSE OF TESTIMONY 2 III. GENERAL DESCRIPTION OF PROPOSED RATES 3 IV. DEVELOPMENT OF TIME-OF-USE PRICING PERIODS 5 V. COST BASES & RATE DESIGN 9 VI. SPECIAL PROVISIONS OF PROPOSED RATES 13 Exhibits Exhibit SJH-1 - Proposed Rate GTU-M - General Service Time-of-Use - Municipality Exhibit SJH-2 - Proposed Rate RTU1-M - Residential Time-of-Use Service - Municipality Exhibit SJH-3 - Proposed Rate GTUC-M - General Service Time-of-Use Voluntary Curtailable - Municipality Exhibit SJH-4 - Proposed Time-of-Use Rates Pricing Periods Exhibit SJH-5 - TU Electric System Load Exhibit SJH-6 - System Monthly Peak Demands Exhibit SJH-7 - Rates RTU1-M, GTU-M, and GTUC-M - Calculation of Facilities Charges Exhibit SJH-8 - Rates RTU1-M, GTU-M, and GTUC-M - Price Determination for Pricing Periods 1-4 -1- Houle - Direct DIRECT TESTIMONY OF STEPHEN J. HOULE 1 I. POSITION AND QUALIFICATIONS 2 Q. PLEASE STATE YOUR NAME AND BUSINESS ADDRESS. 3 A. My name is Stephen J. Houle. My business address is Energy Plaza, 1601 Bryan 4 Street, Dallas, Texas 75201. 5 Q. WHAT IS YOUR POSITION WITH TEXAS UTILITIES ELECTRIC COMPANY? 6 A. I hold the position of Rates Manager. 7 Q. PLEASE OUTLINE YOUR EDUCATIONAL BACKGROUND AND PROFESSIONAL 8 QUALIFICATIONS. 9 A. I graduated from the University of Notre Dame in May 1977, with a Bachelor of 10 Science degree in Electrical Engineering. In December 1979, I received the degree 11 of Master of Business Administration from the University of Dallas. I was employed 12 by Dallas Power& Light Company in June 1977. I worked in the Distribution Design Division of the Engineering Department from June 1977 through December 1979, 14 the Regulatory Services Department from January through December 1980, and the 15 Rate Department from January 1981 through December 1983. In January 1984, 16 I was named Supervisor, Rate Design for Texas Utilities Electric Company (TU 17 Electric). In March 1987, I was named Supervisor - Rate and Cost Analysis. In 18 October 1990, I was named to my current position of Rates Manager. 19 II. PURPOSE OF TESTIMONY 20 Q. WHAT IS THE PURPOSE OF YOUR TESTIMONY IN THIS PROCEEDING? 21 A. The purpose of my testimony in this proceeding is to support three new Time-of-Use 22 rates that TU Electric is proposing in order to provide its customers with additional 23 pricing options. These rates will offer enhanced Time-of-Use pricing to all of TU 24 Electric' Residential and General Service customers, providing these customers 25 increased flexibility to control their operating costs and may encourage innovative 26 Demand Side Management (DSM) activities by these customers. The Company -2- Houle - Direct has pending before the Public Utility Commission of Texas, as Docket No. 17942, 2 an application for approval of materially identical rates to be applicable in those 3 portions of the Company's service area over which that Commission exercises 4 original jurisdiction. 5 III. GENERAL DESCRIPTION OF PROPOSED RATES 6 Q. PLEASE DESCRIBE THE THREE RATES YOU ARE PROPOSING. 7 A. Rate GTU-M, General Service Time-of-Use - Municipality, is applicable to 8 customers that are otherwise eligible for service under the Company's general 9 service rates (i.e., Rates GS, GP, and HV) and is attached as my Exhibit SJH-1. o Rate RTU1-M, Residential Time-of-Use Service - Municipality, is applicable to 11 residential customers who are otherwise eligible for service under Rate R or Rate 12 RTU, and is attached as my Exhibit SJH-2. Rate GTUC-M - General Service Time- 13 of-Use Voluntary Curtailable - Municipality -- is applicable to those general service 14 customers eligible for Rate GTU-M that are willing to voluntarily curtail their loads 15 during times of system peak or short supply conditions. Rate GTUC-M is limited to 1,000 MW of total contracted load for the Company's 1999 peak load season and 17 to 2,000 MW for the 2000 peak load season, on a first-come-first-served basis until 18 the total contracted load (i.e., the total of all Contract kW) reaches these maximums. 19 Rate GTUC-M is attached as my Exhibit SJH-3. Each of the proposed rates is 20 comprised of a customer charge, a facilities charge, a time-dependent energy 21 charge, a fuel charge, and a purchased power charge. 22 Q. WHAT ARE THE OBJECTIVES OF THE THREE PROPOSED RATES? 23 A. The objectives of the proposed rates are to: (1) provide customers with additional 24 flexibility regarding pricing options; (2) encourage customers to engage in effective 25 demand side management activities; and (3) reflect TU Electric's cost of service. 26 Q. HOW DO THE PROPOSED RATES PROVIDE CUSTOMERS WITH ADDITIONAL 27 PRICING FLEXIBILITY? 28 A. The proposed rates provide four pricing levels with eight distinct time-of-use periods 29 that offer an additional pricing option for a wide spectrum of residential, commercial, -3- Houle - Direct 1 and industrial customers. Customers with minimal on-peak usage and customers 2 with the wherewithal to reduce on-peak load and/or shift load from on-peak to off- 3 peak periods can manage their cost of electric service under these rates. 4 Q. HOW DO THE PROPOSED RATES ENCOURAGE CUSTOMERS TO ENGAGE IN 5 EFFECTIVE DEMAND SIDE MANAGEMENT ACTIVITIES? 6 A. The proposed rates encourage demand side management (DSM) activities by 7 means of the price signals inherent in the rates. Consumption during the 8 Company's relatively few on-peak hours is discouraged by high energy prices. 9 Conversely, low off-peak pricing gives customers the incentive necessary to engage to in load shifting from on-peak to off-peak periods. Customers who can reduce their 11 loads during the on-peak hours specified in these rates and/or who can shift their 12 loads from the on-peak hours to the off-peak hours can achieve considerable 13 savings as a result of their actions. The Company's non-participating customers will 14 also benefit from these DSM measures that reduce the need for additional, and 15 costly, generating resources strictly to serve on-peak loads. 16 Q. HOW DO THE PROPOSED RATES REFLECT TU ELECTRIC'S COST OF 17 SERVICE? 18 A. The energy pricing provisions of these rates are designed to recover the Company's 19 annual production revenue requirement as set forth in the Company's last general 20 rate case, Docket No. 11735. Similarly, the proposed rates also include cost-based 21 customer charges as well as a facilities charge designed to recover the costs of the 22 Company's transmission and distribution facilities. As a result, these rates are 23 designed to be revenue neutral. 24 Q. HOW DO THESE PROPOSED NEW RATES DIFFER FROM THE COMPANY'S 25 EXISTING TIME DIFFERENTIATED RATES? 26 A. TU Electric's existing time-of-day option contained in Rates GS, GP, and HV, is a 27 demand-based time-of-day option that provides for a reduction in the demand billing 28 for off-peak demand. The proposed time-of-use rates replace the demand charge 29 pricing provisions with an energy-based pricing schedule that is applicable to a set -4- Houle - Direct l of pre-determined pricing periods. This energy-based pricing provides the customer 2 with additional flexibility in pursuing demand side management activities and in 3 controlling costs. For residential customers, Rate RTU1-M offers an expanded 4 menu of time-of-use energy prices in addition to the on-peak/off-peak energy prices 5 offered under existing Residential Time-of-Use, Rate RTU. 6 The proposed rates also include a facilities charge that recovers the system 7 costs associated with transmission and distribution facilities. In the existing rates, 8 these facilities costs are rolled into the energy charges for those customers with 9 non-demand billing and are contained in the demand charge (along with production to costs) in rates with demand billing. 11 IV. DEVELOPMENT OF TIME-OF-USE PRICING PERIODS 12 Q. PLEASE DESCRIBE THE TIME-OF-USE PRICING PERIODS INCLUDED IN THE 13 PROPOSED RATES. 14 A. The proposed tariffs contain an identical table that classifies each weekday and 5 weekend hour into one of four pricing periods, denoted as Pricing Periods 1-4. 16 An enlarged version of this table is included as Exhibit SJH-4. 17 Q. HOW WERE THESE TIME-OF-USE PERIODS DETERMINED? 18 A. The analyses described below identified four distinctive load groups based on the 19 relationship of both the average hourly load and the maximum hourly load to the 20 annual system peak demand. A summary of the system load data that were used 21 to determine these time-of-use pricing periods are shown in Exhibits SJH-5 and 22 SJH-6. 23 Q. HOW DID YOU DETERMINE WHICH HOURS TO INCLUDE IN EACH PRICING 24 PERIOD? 25 A. The classification of each hour was based on an assessment of three primary 26 factors: (1) the average load for each hour in a given month as a percentage of the 27 Company's annual system peak; (2) the maximum load for each hour in a given 28 month as a percentage of the Company's system peak demand; and (3) simplifying -29 the application of Rates GTU-M, RTU1-M, and GTUC-M to the maximum extent -5- Houle - Direct - - 1 possible. 2 Q. HOW WERE THE AVERAGE HOURLY LOADS USED TO DEVELOP THE 3 PRICING PERIODS IN THE PROPOSED RATES? 4 A. The Company's average hourly load (as a percentage of the annual peak load)was 5 analyzed for each month in the three-year period ending in December 1996, to 6 determine the hourly variation of the load and the average hourly load compared to 7 the annual peak load. The main conclusions that can be drawn from a review of 8 Exhibit SJH-5 are as follows: 9 (1) The average hourly loads in the months of December - February 10 exhibit both a morning and an afternoon peak, with a maximum 11 average weekday load of about 60% of the Company's peak load. 12 (2) The average hourly loads in the months of March and November 13 exhibit a load pattern with relatively minor morning and evening peaks 14 of about 55% of the annual peak. (3) The average hourly loads in the months of April and October exhibit 16 a load pattern with a fairly constant average weekday load of about 17 55% of the peak. 18 (4) The average hourly loads in the months of May and September, for 19 both weekdays and weekends, exhibit a load pattern that is very 20 similar to the Company's traditional summer load pattern, but at lower 21 percentages of the Company's peak load (about 70% to 75% of the 22 annual peak). 23 (5) The average hourly loads in the months of June - August exhibit the 24 Company's familiar summer load pattern characterized by a rapid 25 increase in load beginning at 5:00 a.m. to 6:00 a.m., peaking at 26 5:00 p.m., and gradually decreasing, but remaining at relatively high 27 levels, throughout the remainder of the day. The average peak 28 weekday load during June - August is about 85% to 90% of the 9 annual peak load, and the average peak weekend load is about 75% -6- Houle - Direct 1 to 80% of the annual peak. 2 Q. DOES THE AVERAGE HOURLY LOAD DATA FOR EACH MONTH PROVIDE A 3 SUFFICIENT BASIS FOR DETERMINING WHICH HOURS SHOULD BE 4 INCLUDED IN EACH PRICING PERIOD? 5 A. No. While the average hourly load in each month provides a reasonable starting 6 point for such a determination, the averaging process often conceals the peak load 7 requirements in a given month. These peak load requirements result from weather- 8 related fluctuations in the Company's load. For example, the highest average 9 hourly load in February (1994-1996) is about 60% of the annual peak demand. 1 o However, from February 1 through February 5, 1996, the hourly load exceeded 70% 11 of the annual peak demand in 59 hours and 75% of the annual peak demand in 26 12 hours. Clearly, the average hourly load does not capture the peak load 13 requirements of the TU Electric system and, as such, are not sufficient to form the 14 sole basis for the assignment of hours into time-of-use pricing periods. Q. HOW WERE THE MAXIMUM HOURLY LOADS USED IN THE DEVELOPMENT OF THE PRICING PERIODS IN THE PROPOSED RATES? 17 A. The hourly loads for the peak day(s) in each month of 1996 were analyzed to 18 determine how the peak loads in each month relate to one another with respect to 19 the magnitude of the monthly peak demand and the daily load patterns experienced 20 in each month. As a result, common load relationships were noted in four distinct 21 monthly groups: (i) December- March; (ii) April, October, and November; (iii) May 22 and September; and (iv) June - August. The main conclusions that can be drawn 23 from a review of Exhibit SJH-6 are as follows: 24 (1) The maximum hourly loads in the months of December - March 25 exhibit both an morning and an afternoon peak, with the maximum 26 load of about 80% of the Company's peak load. 27 (2) The maximum hourly loads in the months of April, October, and 28 November do not deviate significantly from the average values. 2 9 (3) The maximum hourly loads in the months of May and September, -7- Houle - Direct approach 85% to 95% of the annual peak. z (4) The maximum hourly loads in the months of June - August exhibit the 3 same pattern as the average hourly load pattern for these months, but 4 at a higher percentage of the Company's peak load. 5 Q. HOW DID THE NEED FOR SIMPLIFYING THE APPLICATION OF THE 6 PROPOSED RATES AFFECT THE DEVELOPMENT OF THE PRICING PERIODS? 7 A. Rates with an overly-complex pricing structure typically discourage customer 8 acceptance. One way to simplify these rates is to limit the number of times per year 9 that the pricing period changes. The proposed rates are limited to weekday and to weekend pricing periods in four seasonal groups. In addition, the two pricing 11 periods with the highest prices (Pricing Periods 3 and 4) occur only in the five 12 consecutive months of May - September. The simplicity of these rates is also 13 enhanced by having as many pricing periods throughout the year as possible begin 14 or end at certain "key" hours (e.g., as shown in Exhibit SJH-4, many pricing periods 1.6 begin at 10:00 a.m. or 2:00 p.m. and many pricing periods end at 2:00 p.m. or 10:00 p.m.). The Company has attempted to strike a balance between the multiple pricing 17 periods needed to send proper pricing signals and the need to simplify the 18 application of the rates as much as possible. Also, meter costs and technology 19 must be considered. The proposed rate structure can be administered using 20 existing meter technology. 21 Q. HOW WERE THE HOURS IN A GIVEN MONTH OF THE YEAR ASSIGNED TO 22 THE FOUR PRICING PERIODS? 23 A. Pricing Period 1 represents the hours for which the Company's average load is less 24 than about 60% of its annual peak demand and for which the maximum load does 25 not consistently exceed about 66% of the annual peak demand. For example, as 26 shown in Exhibit SJH-4, all hours in the months of April, October, and November are 27 in Pricing Period 1. Pricing Period 1 contains 5,880 hours, or about 67.1% of the 28 hours in a year. 2,9 Pricing Period 2 includes: (i) the peak load hours during the months of -8- Houle - Direct December- March, (ii) some of the "shoulder" load hours in May - September, and 2 (iii) the weekend peak hours in the months of May and September. Pricing Period 3 2 represents the hours for which the Company's average load is typically about 60% 4 to 70% of its annual peak demand, although for relatively few hours during the 5 winter months, the hourly load can exceed 80% of the Company's traditional 6 summer peak load. These relatively few high load hours are offset by the number 7 of winter days when the maximum hourly load is less than 60% of the system peak 8 load. The maximum hourly load in this period typically ranges from about 66% to 9 about 80% of the annual peak demand. Pricing Period 2 contains 1,640 hours, or 10 about 18.7% of the hours in a year. 11 Pricing Period 3 includes: (i) the peak load hours during the months May - 12 September, (ii) the weekend peak load hours in the months of June - August, and 13 (iii) some of the"shoulder" load hours on weekdays in June-August. Pricing Period 14 3 represents the hours for which the Company's average load is between 70% and 15 80% of the annual peak demand and for which the maximum load is typically about 80% to 92% of the annual peak demand. Pricing Period 3 contains 854 hours, or 17 about 9.7% of the hours in a year. 18 Pricing Period 4 includes the peak load hours (weekdays from 2:00 p.m. to 19 8:00 p.m.) during the months June, July, and August. Pricing Period 4 represents 20 the hours for which the Company's average load is greater than 80% of the annual 21 peak demand and for which the maximum load is typically more than about 92% of 22 the annual peak demand. During this period, the Company's costs are usually the 23 highest due to the need to use additional peaking capacity for extended periods in 24 order to meet its load. Pricing Period 4 contains 384 hours, or about 4.4% of the 25 hours in a year. 26 V. COST BASES & RATE DESIGN 27 Q. PLEASE EXPLAIN THE BASIS FOR THE MONTHLY CUSTOMER CHARGES IN 28 THE PROPOSED RATES. 29 A. The customer charges in Rate GTU-M vary according to the type of service required -9- Houle - Direct 1 (i.e., secondary, primary, or transmission) and are the same as those for the 2 Company's General Service time-of-use rates approved in Docket No. 11735. The 3 customer charge proposed for Rate RTU1-M, Residential Time-of-Use Service - 4 Municipality, is $9.00 per month. TU Electric has an existing Residential Time-of- 5 Use Rate (TU Electric's Rate RTU - Residential Time-of-Use Service, a two-step 6 time-of-use rate), which would remain in effect after the approval of the new rate, 7 that has a customer charge of$9.00 per month. The proposed customer charge in 8 Rate RTU1-M would make the two charges the same and would simplify customers' 9 ability to choose between the two rate options. The customer charges in Rate 10 GTUC-M also vary according to the type of service required and are equal to the 11 sum of the Rate GTU-M customer charges plus a $200 charge to recover the cost 12 of additional metering and communications equipment and the administrative costs 13 associated with curtailable service. 14 Q. WHAT IS THE BASIS FOR THE FACILITIES CHARGES IN THE PROPOSED RATES? 16 A. The Facilities Charges are based on the Company's unbundled transmission and 17 distribution costs, adjusted for losses. These charges are applied to the higher of 18 the customer's maximum annual demand or contract demand. The calculation of 19 the facilities charges for secondary, primary, and transmission voltage customers 20 for Rates RTU1-M, GTU-M, and GTUC-M are as shown in Exhibit SJH-7. 21 Q. WHAT IS THE PURPOSE OF THE $1.00/KW FACILITIES CHARGE FOR 22 DEMAND IN EXCESS OF THE CONTRACT DEMAND? 23 A. This charge is designed to partially recover the costs associated with possible 24 equipment failures and related engineering studies, and with the administrative work 25 associated with reevaluating and recontracting for higher electric loads, when the 26 customer places a higher demand on the Company's facilities than the customer 27 has contracted for. This charge also acts as an incentive to customers to adjust 28 their contractual arrangements with the Company, so that the types of expenses 29 mentioned above can be avoided. This provision is identical to the $1/kW charge -10- Houle - Direct .. 1 for demand in excess of the contact demand that was approved in Docket No. 2 11735 for the Company's General Service rates. 3 Q. HOW WERE THE ENERGY CHARGES IN RATE GTU-M DERIVED FOR EACH OF 4 THE FOUR PRICING PERIODS, AS SHOWN IN EXHIBIT SJH-1? 5 A. The calculations of the energy prices in Rate GTU-M are shown in Exhibit SJH-8. 6 These calculations are based on the Company's demand and energy usage data 7 for the 12 months ending in December 1996. The methodology used to determine 8 these charges can be summarized as follows: 9 (1) Calculate the average of the maximum demands in each month, for 10 each pricing period, from the data tabulated in Exhibit SJH-8, Sheet 11 3. For example, the maximum monthly demands during Pricing 12 Period 4 for the three months with Pricing Period 4 hours (June - 13 August) are 19,382 kW, 19,668 kW, and 19,268 kW, respectively. 14 Thus, the average monthly maximum demand for Pricing Period 4 is 15 19,439 kW (see column [1] of Exhibit SJH-8, Sheet 1). _6 (2) Develop a demand allocation percentage for each of the four Pricing 17 Periods based on the ratio of the average monthly maximum demand 18 for each pricing period to the total of the average monthly maximum 19 demands for Pricing Periods 1-4 (67,640 kW). Thus, the Demand 20 Allocator for Pricing Period 4 is 19,439 kW divided by 67,640 kW, or 21 28.74% (see column [2] of Exhibit SJH-8, Sheet 1). 22 (3) Determine the number of hours in each pricing period (see column [3] 23 of Exhibit SJH-8, Sheet 1). 24 (4) Allocate the system-wide Annual Production Revenue Requirement 25 (excluding fuel) of $2.743 billion from the Company's latest Public 26 Utility Commission-approved functionalized cost-of-service study 27 (based on the Final Order in Docket No. 11735) to each pricing 28 period, by multiplying the total revenue requirement by the demand 29 allocator for each pricing period. For example, the Revenue -11- Houle - Direct N..0 1 Requirement applicable to Pricing Period 4 is 28.74% of $2.743 2 billion, or approximately$788 million (see column [4] in Exhibit SJH-8, 3 Sheet 1). 4 (5) Determine the number of kilowatt-hours consumed during each of the 5 four pricing periods (see column [5] in Exhibit SJH-8, Sheet 1). 6 (6) Calculate the unit charges for each pricing period by dividing the 7 revenue requirement for each pricing period (column [4] in Exhibit 8 SJH-8, Sheet 1) by the number of kilowatt-hours in each pricing 9 period (column [5] in Exhibit SJH-8, Sheet 1). For example, for 10 Pricing Period 4, the energy charge is $788 million divided by 6.362 11 billion kWh, or 12.390/kWh. 12 (7) Adjust the unit charges for each pricing period by the appropriate loss 13 factor to determine the energy charges for service at secondary, 14 primary, and transmission voltages. These loss factors, and the energy charges for each voltage level and pricing period, are shown in Exhibit SJH-8, Sheet 2. 17 Q. HOW WERE THE ENERGY CHARGES IN RATE RTU1-M DERIVED FOR EACH 18 OF THE FOUR PRICING PERIODS, AS SHOWN IN EXHIBIT SJH-2? 19 A. The energy charges in each pricing period in Rate RTU1-M were determined by the 20 same methodology described above for Rate GTU-M. 21 Q. HOW WERE THE ENERGY CHARGES IN RATE GTUC-M DERIVED FOR EACH 22 OF THE FOUR PRICING PERIODS, AS SHOWN IN EXHIBIT SJH-3? 23 A. The energy charges in each pricing period in Rate GTUC-M were determined 24 by applying a 45% reduction to the system production cost. Otherwise, the 25 energy charges were determined by the same methodology described above for 26 Rate GTU-M. 27 Q. WHAT IS THE BASIS FOR THIS REDUCED ENERGY CHARGE? 28 A. The energy charges in Rate GTUC-M were designed to recover the same 29 percentage of the Company's production costs as is recovered from the Company's -12- Houle - Direct Noticed Interruptible Rate.' This is an appropriate basis for the energy charges in Rate GTUC-M because the value of curtailable service to the Company is 3 essentially the same as that of noticed interruptible service. 4 Q. HOW WILL THE COST OF FUEL BE RECOVERED UNDER RATES GTU-M, 5 RTU1-M, AND GTUC-M? 6 A. As shown in Exhibits SJH-1, SJH-2, and SJH-3, the applicable fuel cost is 7 determined in accordance with the Company's Rider FC, which is applicable to the 8 Company's standard Residential and General Service rates. 9 Q. HOW WILL THE COST OF PURCHASED POWER BE RECOVERED UNDER 10 RATES GTU-M, RTU1-M, AND GTUC-M? 11 A. As shown in Exhibits SJH-1, SJH-2, and SJH-3, purchased power costs are 12 determined in accordance with the Company's Rider PCR. This is the same cost 13 recovery mechanism that is applicable to the Company's standard Residential and 14 General Service rates. 15 VI. SPECIAL PROVISIONS OF PROPOSED RATES Q. PLEASE EXPLAIN THE AGGREGATE BILLING OPTION PROPOSED IN RATES 17 GTU-M AND GTUC-M. 18 A. This option allows customers with several points of delivery to receive a single 19 monthly bill, provided the following criteria are met: (i) all points of delivery are billed 20 on the same voltage level service; (ii) all points of delivery are on the same billing 21 cycle; and (iii) all points of delivery are under the same ownership. A one-time 22 charge of$25 for each point of delivery is made under this billing option in order to 23 recover the administrative costs associated with this service. 24 Q. PLEASE DESCRIBE THE BASES FOR THE CURTAILMENT PROVISIONS 25 INCLUDED IN RATE GTUC-M. 26 A. Rate GTUC-M limits the curtailment of the customer's load to no more than 700 Noticed Interruptible Service(NIS)includes both a demand charge(that is 50%of the demand charge for comparable firm service rate)and an energy charge,with 5%of the demand-related production costs recovered in the energy charge. Hence,the net production cost discount for NIS customers is 45%. -13- Houle - Direct hours in the last 12 months and no more than 12 hours in any 24 hour period, except that the 12 hour limit is not applicable during system emergencies when the 3 Company has made public pleas to restrict electric energy usage to essential needs 4 because of an area or statewide shortage of electric power and/or energy. These 5 provisions are identical to those applicable to noticed interruptible service, as 6 contained in the Company's Rider I. In lieu of interrupting equipment, Rate GTUC- 7 M contains an energy charge applicable during a curtailment period of 70¢ per 8 kilowatt-hour unless the customer actually curtails at least 35% of its total load 9 throughout the curtailment period, in which case, the energy charge is 50¢ per to kilowatt-hour. The 35% minimum voluntary curtailment in order to qualify for the 11 50¢ energy price, rather than the 70¢ energy price, is applicable to the total load at 12 each individual point of delivery if the customer has not selected the Aggregate 13 Billing Option or to the total load of all of a customer's points of delivery under Rate 14 GTUC-M that are aggregated under the Aggregate Billing Option provided for in 15 Rate GTUC-M, with total load being defined as the customer's 15-minute demand recorded immediately prior to the customer's receipt of notice from the Company of 17 the curtailment period. This alternative curtailment period energy price is purposed 18 to provide further encouragement to the customer to curtail load during a curtailment 19 period, without imposing such a high price as to make the marketing of this rate 20 impossible. This provision is designed to replace the active control hardware 21 required for service under Rider I and assures that the Company will be able to 22 recover the costs of capacity and energy used by a Rate GTUC-M customer in the 23 event the customer chooses not to curtail load when requested to do so. This 24 pricing level also represents a price that will exceed the outage costs of most 25 customers and, in so doing, sends the proper price signal to any customer that 26 might otherwise ignore a curtailment request. 27 The Company will request customers served under Rate GTUC-M to curtail 28 their loads within 15 minutes after either of the following occurrences: (i) when the Company is required by the ERCOT Independent System Operator to interrupt -14- Houle - Direct ,1 (noticed) interruptible loads; or (ii) when the Company's hourly load is at or above 2 95% of the estimated system peak load for the current calendar year. In the event 3 that the actual system peak load exceeds the estimated system peak load, the 4 actual system peak load automatically becomes the new estimated system peak 5 load on the next day. 6 Q. PLEASE EXPLAIN THE BASES FOR SPECIAL CONDITIONS (c)AND (d) IN RATE 7 GTUC-M. 8 A. The initial three-year term of service is required to assure some reasonable level of 9 cost recovery for the Company's facilities used to serve the curtailable load. The to initial three-year term and the one-year termination notice allow the Company the 11 time to adjust its planning process associated with securing capacity resources. 12 These terms are also needed to prevent customers from attempting to "game the 13 system" by switching back and forth between firm service and curtailable service. 14 Special Condition (c) requires the customer to pay the difference between the billings under Rate GTUC-M and what the billings would have been under the _6 applicable firm service rate (i.e., Rate HV- High Voltage Service, Rate GP - General 17 Service Primary, or Rate GS - General Service Secondary, depending upon the 18 voltage level of the service provided at the point of delivery) for a period not to 19 exceed three years if the customer decides to switch from Rate GTUC-M during the 20 initial term of the Agreement for Electric Service and not to exceed two years if the 21 customer decides to switch from Rate GTUC-M during a subsequent term. Interest 22 would also be payable on such difference at the rate applicable to undercharges. 23 Q. DOES THIS CONCLUDE YOUR DIRECT TESTIMONY? 24 A. Yes, it does. -15- Houle - Direct STATE OF TEXAS § § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, on this day personally appeared Stephen J. Houle, who, having been placed under oath by me, did depose as follows: My name is Stephen J. Houle. I am of legal age and a resident of the State of Texas. The foregoing direct testimony and the attached exhibits offered by me are true and correct, and the opinions stated therein are, to the best of my knowledge and belief, accurate, true and correct. c5\" . ' Stephen J. 11 ui SUBSCRIBED AND SWORN TO BEFORE ME by the said Stephen J. Houle this ' day of , 1999. _e MyTERI war No ary Public, State of Texas * November 13.2000 -16- Tariff for Electric Service Exhibit S1H-1 Texas Utilities Electric Company Page 1 of 2 3.2 General Service Sheet 25 Applicable:Cities Exercising Original Jurisdiction Page 1 of 2 Effective Date: Revision: Original 3.2.25 Rate GTU-M - General Service Time-of-Use - Municipality Application Applicable to any customer for all electric service supplied at one point of delivery and measured through one meter. Each point of delivery is metered and billed separately,unless the Aggregate Billing Option is selected. A time-of-day demand meter or interval recorder is required prior to service being provided under this rate. Not applicable to temporary,shared,or resale service. Type of Service Single or three phase,60 hertz,at the most available secondary,primary,or transmission voltage. Where service of the type desired by Customer is not already available at the point of delivery,additional charges and special contract arrangements between the Company and Customer may be required prior to service being furnished. The Company may,at its option,meter service on the secondary side of Customer's transformers and adjust for transformer losses in accordance with Company's Tariff for Electric Service. Monthly Rate Charge Amount Secondary Primary Transmission (GTU-M-SEC) (GTU-M-PRI) (GTU-M-TRAN) Customer(per point of delivery) $24.00 $25.00 $425.00 F a ci 1 i ties Higher of the Contract kW or Annual kW $3.47 per kW $2.74 per kW $1.08 per kW Charge (per point of Each current month kW in excess of the Contract kW $1.00 per kW $1.00 per kW $1.00 per kW delivery) Energy Pricing Period 4 13.42 C per kWh 13.02 C per kWh 12.78 C per kWh Pricing Period 3 6.18 C per kWh 5.99 C per kWh 5.88 C per kWh Pricing Period 2 3.50 C per kWh 3.39 C per kWh 3.33 C per kWh Pricing Period 1 1.09 C per kWh 1.06 C per kWh 1.04 C per kWh Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC,using the General Service-Secondary factor for GTU-M- SEC,the General Service-Primary factor for GTU-M-PRI,and the General Service-Transmission factor for GTU-M-TRAN. Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCR,using the General Service Secondary factor for GTU-M-SEC,the General Service Primary factor for GTU-M-PRI,and the High Voltage Service factor for GTU-M-TRAN. Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter. Bills are increased by 5% if not paid within 20 days after being rendered. Aggregate Billing Option An entity with multiple points of delivery receiving service under Rate GTU-M may elect to receive an aggregate summary bill. Aggregate billing is available to entities that meet all of the following criteria: a) all points of delivery are billed on the same voltage level service, b) all points of delivery are on the same billing cycle,and c) all points of delivery are under the same ownership. A one-time charge of$25 per point of delivery is made when Customer selects the Aggregate Billing option. Definitions Contract kW is the maximum kW specified in the Agreement for Electric Service. ©1999 Texas Utilities Electric Company Rate Schedules 29.24 Tariff for Electric Service Exhibit SJH-1 Texas Utilities Electric Company Page 2 of 2 3.2 General Service Sheet 25 Applicable:Cities Exercising Original Jurisdiction Page 2 of 2 Effective Date: Revision: Original Annual kW is the highest 15-minute kW recorded at the point of delivery during the 12-month period ended with the current month. Current month kW is the highest 15-minute kW recorded at the point of delivery during the current month. Pricing Period is the billing period determined in accordance with the following and the specified hours are local Dallas,Texas,time: Pricing Period 4 Pricing Period 3 Pricing Period 2 Month Pricing Period 1 Weekdays Weekends Weekdays Weekends Weekdays Weekends December-March N/A N/A N/A N/A 6 a m - N/A All Other Hours 12noon 6pm-10pm April & October - N/A N/A N/A N/A N/A N/A All Hours November May&September N/A N/A 2pm-8pm N/A loam-2pm 2pm-l0pm All Other Hours 8pm-10pm June-August 2pm-8pm N/A l0am-2pm 2pm-10pm Sam-loam loam-2pm All Other Hours 8pm-10pm lOpm-12 lOpm-12 midnight midnight Special Conditions (a) Where customer has another source of power that is connected,either electrically or mechanically,to equipment that may be operated concurrently with service provided by Company,Customer must install and maintain,at Customer's expense,such devices as may be necessary to protect Customer's and the Company's equipment and service. (b) Customers may discontinue service under Rate GTU-M and change service to an otherwise applicable Company rate during the first year without penalty. Agreement An Agreement for Electric Service with a term of not less than three years is required. The maximum electrical load specified in the Agreement for Electric Service may not be less than the sum of Customer's normal load plus the load that may be carried all or part of the time by Customer's generator or prime mover or other source of energy. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Electric Service. ®1999 Texas Utilities Electric Company Rate Schedules 29.25 Tariff for Electric Service Exhibit SJH-2 Texas Utilities Electric Company Page 1 of 2 3.1 Residential Service Sheet: 8 Applicable:Cities Exercising Original Jurisdiction Page 1 of 2 Effective Date: Revision:Original 3.1.8 Rate RTU1-M - Residential Time-of-Use Service - Municipality Application Applicable to all customers for all of the electric service supplied at one point of delivery and measured through one meter used for residential purposes(which may include small amounts of commercial usage incidental to residential usage)in an individual private dwelling or in an individually metered apartment for which no specific rate is provided. A time-of-day demand meter is required prior to service being provided under this rate. Not applicable to temporary,shared,or resale service. Type of Service Single or three phase,60 hertz,at standard voltages as described in the Company's Tariff for Electric Service. Where service of the type desired by Customer is not already available at the point of delivery,additional charges and special contract arrangements between the Company and Customer may be required prior to service being furnished. Monthly Rate Charge Amount Customer S9.00 Facilities Charge Higher of the Contract kW or Annual kW $1.92 per kW Each current month kW in excess of the Contract kW $1.00 per kW Energy Pricing Period 4 13.42 C per kWh Pricing Period 3 6.18 C per kWh Pricing Period 2 3.50 C per kWh Pricing Period 1 1.09 C per kWh Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC,using the Residential Service factor. Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCR,using the Residential Service factor. Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter. Definitions Contract kW is the maximum kW specified in the Agreement for Electric Service. Annual kW is the highest 15-minute kW recorded at the point of delivery during the 12-month period ended with the current month. Current month kW is the highest 15-minute kW recorded at the point of delivery during the current month. C1999 Texas Utilities Electric Company Rate Schedules 11.5 Tariff for Electric Service Exhibit SJH-2 Texas Utilities Electric Company Page 2 of 2 3.1 Residential Service Sheet: 8 Applicable:Cities Exercising Original Jurisdiction Page 2 of 2 Effective Date: Revision:Original Pricing Period is the billing period determined in accordance with the following and the specified hours are local Dallas,Texas,time: Pricing Period 4 Pricing Period 3 Pricing Period 2 Month Pricing Period 1 Weekdays Weekends Weekdays Weekends Weekdays Weekends December-March N/A N/A N/A N/A 6 a m - N/A All Other Hours 12noon 6pm-l0pm April & October - N/A N/A N/A N/A N/A N/A All Hours November May&September N/A N/A 2pm-8pm N/A 10am-2pm 2pm-l0pm All Other Hours 8pm-10pm June-August 2pm-8pm N/A l0am-2pm 2pm-10pm Sam-loam 10am-2pm All Other Hours 8pm-l0pm lOpm-12 lOpm-12 midnight midnight Agreement An Agreement for Electric Service with a term of not less than one year is required. If Customer terminates service on this rate,said Customer is ineligible for service under this rate for a period of one year from termination date. If Customer terminates service before the end of the initial one year term of service,the final bill will include an adjustment for the amount by which billing on Residential Service Rate R exceeds the billing rendered on this rate. If service is terminated due to the Company's withdrawing this rate,the above adjustment to the final bill does not apply. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to Company's Tariff for Electric Service. ©1999 Texas Utilities Electric Company Rate Schedules 11.6 Tariff for Electric Service Exhibit SJH-3 Texas Utilities Electric Company Page 1 of 3 3.2 General Service Sheet 26 Applicable:Cities Exercising Original Jurisdiction Page 1 of 3 Effective Date: Revision: Original 3.2.26 Rate GTUC-M - General Service Time-of-Use Voluntary Curtailable - Municipality Application Applicable to any customer for all electric service supplied at one point of delivery and measured through one meter. Each point of delivery is metered and billed separately,unless the Aggregate Billing Option is selected. An interval demand recorder is required prior to service being provided under this rate. The applicability of this rate is limited,on a first-come-first-served basis,to a maximum total contracted load from all Customers of 1,000 MW(i.e.,a total of all Customers'Contract kW)for the Company's summer peak season of 1999 and 2,000 MW for the Company's peak season of 2000 and thereafter. Not applicable to temporary,shared,or resale service. Type of Service Single or three phase, 60 hertz,at the most available secondary,primary,or transmission voltage. Where service of the type desired by Customer is not already available at the point of delivery,additional charges and special contract arrangements between the Company and Customer may be required prior to service being furnished. The Company may,at its option,meter service on the secondary side of Customer's transformers and adjust for transformer losses in accordance with Company's Tariff for Electric Service. Monthly Rate Charge Amount Secondary Primary Transmission (GTUC-M-SEC) (GTUC-M-PRI) (GTUC-M-TRAN) Customer(per point of delivery) $224.00 $225.00 $625.00 Facilities Higher of the Contract kW or Annual kW $3.47 per kW $2.74 per kW $1.08 per kW Charge (per point of Each current month kW in excess of the Contract kW $1.00 per kW $1.00 per kW $1.00 per kW delivery) Energy Pricing Period 4 7.38 C per kWh 7.16 C per kWh 7.03 c per kWh Pricing Period 3 3.40 C per kWh 3.29 C per kWh 3.23 c per kWh Pricing Period 2 1.92 C per kWh 1.86 C per kWh 1.83 C per kWh Pricing Period 1 0.60 C per kWh 0.58 C per kWh 0.57 C per kWh Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC,using the General Service-Secondary factor for GTUC-M- SEC,the General Service-Primary factor for GTUC-M-PRI,and the General Service-Transmission factor for GTUC-M-TRAN. Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCR,using the General Service Secondary factor for GTUC-M-SEC,the General Service Primary factor for GTUC-M-PRI,and the High Voltage Service factor for GTUC-M-TRAN. Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter. Bills are increased by 5% if not paid within 20 days after being rendered. Curtailment Provisions Customer's load will be subject to no more than 700 hours of curtailment during the 12 months ending with the current month and no more than 12 hours in any 24 hour period,except when the Company has made public pleas to restrict electric energy usage to essential needs because of an area or statewide shortage of electric power and/or energy,then the 12 hour limit no longer applies. Customer will have 15 minutes in which to-voluntarily curtail all of the load at the point of delivery or,if Customer chooses not to curtail all of the load at the point of delivery,all kWh used during the curtailment period will be billed at an energy charge of 70C per kWh,rather than at the energy charge specified above,provided that, in the event the Customer curtails 35%or more of the total load at a point of delivery not included in the Aggregate Billing Option,or 35% or more of the total load at all points of delivery to the Customer aggregated under the Aggregate Billing Option,throughout the curtailment period,the energy charge for all kWh used during the curtailment period at such point(s)of delivery will be billed at an energy charge of 50C per kWh. Total load(either at a single point of delivery or all of Customer's points of delivery under the Aggregate Billing Option)is defined as the Customer's 15-minute demand recorded immediately prior to Customer's receipt of the notice from Company of the curtailment period. 1999 Texas Utilities Electric Company Rate Schedules 29.26 Tariff for Electric Service Exhibit SJH-3 Texas Utilities Electric Company Page 2 of 3 3.2 General Service Sheet 26 Applicable:Cities Exercising Original Jurisdiction Page 2 of 3 Effective Date: Revision: Original Curtailments will occur during the following conditions: (a) when the Company is required by the Electric Reliability Council of Texas(ERCOT)Operating Guides or the ERCOT Independent System Operator(ISO)to interrupt interruptible loads. The curtailment period is the entire period during which ERCOT Operating Guides or the ERCOT ISO requires the Company to interrupt interruptible loads,beginning 15 minutes after Customer is requested to curtail load,or (b) when the Company's system load is at or above 95% of the higher of(1)the estimated system annual peak load for the current calendar year or(2)the actual system peak load for the current calendar year. In the event that the actual system peak load in the calendar year exceeds the previously estimated system annual peak load for that calendar year,such actual system peak load shall become the new estimated system annual peak load beginning on the following day. The curtailment period is the entire period during which the Company's system load is at or above 95%of the estimated system annual peak load for the current year, beginning 15 minutes after Customer is requested to curtail load. Aggregate Billing Option An entity with multiple points of delivery receiving service under Rate GTUC-M may elect to receive an aggregate summary bill. Aggregate billing is available to entities that meet all of the following criteria: a) all points of delivery are billed on the same voltage level service, b) all points of delivery are on the same billing cycle,and c) all points of delivery are under the same ownership. A one-time charge of$25 per point of delivery is made when Customer selects the Aggregate Billing option. Definitions Contract kW is the maximum kW specified in the Agreement for Electric Service. Annual kW is the highest 15-minute kW recorded at the point of delivery during the 12-month period ended with the current month. Current month kW is the highest 15-minute kW recorded at the point of delivery during the current month. Hourly System Load is TU Electric's total system demand excluding non-firm economy energy sales. Pricing Period is the billing period determined in accordance with the following and the specified hours are local Dallas,Texas,time: Pricing Period 4 Pricing Period 3 Pricing Period 2 Month Pricing Period 1 Weekdays Weekends Weekdays Weekends Weekdays Weekends December-March N/A N/A N/A N/A 6 a m - N/A All Other Hours 12noon 6pm-lOpm April & October - N/A N/A N/A N/A N/A N/A All Hours November May&September N/A N/A 2pm-8pm N/A 10am-2pm 2pm-l0pm All Other Hours 8pm-10pm June-August 2pm-8pm N/A 10am-2pm 2pm-lOpm 8am-10am loam-2pm All Other Hours 8pm-lOpm l0pm-12 lopm-12 midnight midnight Special Conditions a) Where customer has another source of power that is connected,either electrically or mechanically,to equipment that may be operated concurrently with service provided by Company,Customer must install and maintain,at Customer's expense,such devices as may be necessary to protect Customer's and the Company's equipment and service. b) Customer must pay all costs associated with installing and maintaining any special metering equipment and telephone charges,if required. c) An Agreement for Electric Service is required for an initial term of three years when service is first rendered under this rate and for subsequent periods of 2 years thereafter,continuing until canceled by either party by written notice 1 year in advance of the end of the initial period or any subsequent period. Customers that discontinue curtailable service under Rate GTUC-M during the term of the ®1999 Texas Utilities Electric Company Rate Schedules 29.27 Tariff for Electric Service Exhibit S U-3 Texas Utilities Electric Company Page 3 of 3 3.2 General Service Sheet 26 Applicable:Cities Exercising Original Jurisdiction Page 3 of 3 Effective Date: Revision: Original Agreement for Electric Service shall be charged the difference between their billings under Rate GTUC-M and what their billings would have been under an applicable firm service rate(either Rate HV,Rate GP,or Rate GS,depending upon the voltage level of the Customer's service)for the initial term the Customer received service under Rate GTUC-M,not to exceed three years,and not to exceed two years for subsequent terms,plus interest thereon at the rate applicable to undercharges established pursuant to the Commission's Substantive Rule 23.35(h). d) If it is determined at any time by Company that the Customer has failed to operate and maintain communications equipment in such a manner so that there can be compliance with the provisions of this rate,then the Customer will be immediately billed on the rate schedule for firm power for the period since service was first commenced under this rate,or for the one year period just prior to such determination,whichever period is less. The difference between the actual bills rendered and the amount so calculated shall be adjusted each month to cover the Company's annual cost of capital,compounded monthly from such month to date,as determined in the Company's most recent rate case by the Public Utility Commission of Texas. Such adjusted difference shall immediately become due by Customer to Company. Agreement An Agreement for Electric Service with a term of not less than three years is required. The maximum electrical load specified in the Agreement for Electric Service may not be less than the sum of Customer's normal load plus the load that may be carried all or part of the time by Customer's generator or prime mover or other source of energy. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Electric Service. a 1999 Texas Utilities Electric Company Rate Schedules 29.28 TEXAS UTILITIES ELECTRIC COMPANY Proposed Time Of Use Rates Pricing Periods Period 4 Period 3 Period 2 Period 1 Months Weekdays Weekends Weekdays Weekends Weekdays Weekends December- N/A N/A N/A N/A 0600 - 1200 & N/A All other hours March 1800 -2200 April & October- N/A N/A N/A N/A N/A N/A All hours November May & N/A N/A 1400-2000 N/A 1000 - 1400 & 1400-2200 All other hours September 2000 -2200 June - 1400-2000 N/A 1000 - 1400 & 1400-2200 0800- 1000 & 1000- 1400 & All other hours August 2000-2200 2200-2400 2200 -2400 cnm -x m 7" Q 0 c_ WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION February 22, 1999 Item No. LI Issue: Consider and act upon a resolution, formally requesting that the Farm-to-Market (FM) designation of S.Ballard St. and Stone St. from S H, 78 south to the Collin/Dallas County Line and establishing the City of Wylie maintenance responsibility and control of the same portion of roadway. Background: The City Council approved a resolution on November 17, 1998, formally requesting that the Farm-to- Market designation for a portion of Ballard St. between Butler St. and Stone Road be eliminated by TxDOT. The City of Wylie was asked to take this action by the TxDOT Area Engineer's Office in McKinney in order to make a formal request to the TxDOT Commissioners and receive consideration within three months. The North Texas Municipal Water District (NTMWD) is currently designing a 72-inch water transmission main to be extended from their Wylie plant site to Mesquite and Garland, Texas. The alignment of this pipeline will travel from the plant west on Brown St., south on Second St., south on Ballard St. and crossing Stone onto private property. The water line project is very high priority because of the anticipation of water use in the spring of 1999. The placement of utilities beneath state facilities is prohibited by TxDOT policy. Therefore, the change in designation is necessary because of the proposed water main alignment. The City believes it is in the best interest of all involved to remove the FM designation. Along with the construction of the pipeline, NTMWD and the City plan to reconstruct Ballard St. to a four-lane divided street with curb and gutter. The City has now been notified by the TxDOT Area Engineer's Office that the formal request had not been sent because they believed that the request would have been denied. They now are requesting that an additional portion of FM 544 to the Dallas/Collin County line be taken off of the system as well. This would eliminate the basis of denial being that the request would leave the FM 544 route non-contiguous. North Texas Municipal Water District has awarded a contract for the installation of the water main and construction of the pavement and drainage. The City Council will be provided information regarding the traffic control plan after a Pre-Construction Conference takes place. Financial Considerations The City of Wylie will be participating in the cost of the Ballard St. pavement project. A detailed presentation of these costs and the arrangements made with the NTMWD was discussed with City Council during its December City Council meeting. The maintenance costs for a new concrete street are expected to be minimal. Item for Individual Consideration Resolution-FM Designation Page 1 Financial Considerations-continued Beyond the NTMWD project, the estimated maintenance cost of the two-lane east/west section of Stone Street and the two-lane north/south section of W.A. Allen is $2,000 to $4,000 per year. This estimate is based on the following: 1. Seal coat $25,000/8 years and, 2. Signs, potholes repair etc. $5,000/8 years. At the end of 1998, TxDOT completed a seal coat project as part of their routine maintenance. This section should not need seal coating until 2006. Approximately three (3) miles of FM 544 is impacted by this proposal. Other Considerations The City Charter, Article II, Section 1 identifies authority of the City to cooperate with other political subdivisions"C" and to establish, maintain, and improve streets "E". The benefits of removing this portion of the roadway from the TxDOT system are as follows: 1. Perimeter Street impact fees can be assessed if such fees are established by the city council and 2. No TxDOT involvement in driveway permits, in utility permits, in roadway design and construction, in use of future bond money, acquisition of right-of-way, traffic signals, etc. Removing urban FM's from the state system is a growing trend: Plano has requested and obtained all maintenance of FM 544 within its city limits. Board/Commission Recommendation N/A Staff Recommendation N/A Attachments: October 29 letter to Mr. Bill Lovil Map r Prepared by Review y Finance City Manager Approval item for Individual Consideration Resolution-FM Designation Page 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY,TEXAS,REQUESTING THE TEXAS DEPARTMENT OF TRANSPORTATION TO REMOVE THE FARM-TO-MARKET 544 DESIGNATION FROM SOUTH BALLARD STREET AND STONE STREET FROM SH 78 SOUTH TO THE COLLIN/DALLAS COUNTY LINE; AND ESTABLISHING CITY OF WYLIE RESPONSIBILITY FOR MAINTENANCE AND FOR CONTROL OF THE ROADWAY. WHEREAS,the North Texas Municipal Water District(NTMWD)has plans to install a 72- inch water transmission main from their Wylie Plant site to Mesquite and Garland, Texas and; WHEREAS,the alignment of this pipeline will proceed down Ballard Street starting on the North at Butler Street and crossing Stone road and; WHEREAS, the Texas Department of Transportation policy does not allow utilities to be installed beneath state facilities and; WHEREAS,the North Texas Municipal Water District(NTMWD) and the City of Wylie have plans to reconstruct Ballard Street to a four-lane divided street with curb and gutter and; WHEREAS,NTMWD is operating under a strong sense of urgency to complete construction of these projects in order to meet projected water demands of Mesquite and Garland in the spring of 1999. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT: 1) The City of Wylie formally requests that the Texas Department of Transportation remove the Farm-to-Market 544 designation from Ballard Street and Stone Street from SH 78 south to the Collin/Dallas County line and; 2) The City of Wylie accepts all maintenance and control associated with this stretch of roadway. PASSED AND APPROVED this day of February, 1999. John Mondy, Mayor ATTEST: Barbara A Salinas, City Secretary 111111111111111111111/AEI auAaa ari Our Mission.. iirad I'll I.... ...to be responsible stewards of the public trust, •w/n /...a ■ to strive for excellence in public service,and P A'AI ll *v!uII -- , i e , to enhance the quality of life for all. t....... 11110 February 22, 1999 Mr. Bill Lovil, P.E. Area Engineer Texas Department of Transportation Collin County Area Office P.O. Box 90 McKinney, Texas 75069 Highway: FM 544 County: Collin Limit: South Ballard Street and Stone Street from SH 78 to the Collin/Dallas County Line Re: Removal of Farm-to-Market Designation from Ballard Street in Wylie, Texas Dear Mr. Lovil: The City of Wylie(the"City") is formally requesting that the Farm-to-Market(FM)designation for a portion of Ballard Street be removed for the following reasons. The North Texas Municipal Water District (NTMWD) is currently designing a 72-inch water main to be extended from their site in Wylie to Mesquite and Garland, Texas. The alignment of this pipeline will proceed down Ballard Street starting on the north at Butler and crossing Stone onto private property. The water line project is very high priority because of the anticipation of water use in the spring of 1999. Foerster Engineering, LLC will be assisting the City of Wylie on this matter. Conscious of TxDOT's policy regarding utilities under state facilities, the City believes it is in the best interest of all involved to remove the FM designation from this portion of the roadway. Along with the construction of the pipeline,NTMWD and the City plan to reconstruct Ballard Street to a four-lane divided street with curb and gutter. The City understands that if the removal takes place we would be responsible for all maintenance associated with this stretch of roadway. NTMWD has advertised this water and roadway project in October 1998, and the commencement of project construction is imminent. This aggressive schedule is needed to meet projected water demands of Mesquite and Garland in the spring of 1999. Your cooperation is greatly appreciated in this matter and an expedient decision to remove the FM designation from Ballard is appreciated. 2000 Highway 78 North•Wylie,Texas 75098•(972)442-8100•Fax(972)442-4302 If you have any questions or need more information concerning this please, contact me at (972) 442- 8120 or Stanton Foerster at (214) 704-4374. Sincerely, fft JA(2_, 614;4 Mike Collins City Manager MC/bdc cc Stanton Foerster Jay Nelson Randall L.Dobbs r._ 1 , i ,,�, / 4/ / — „17:: 1,..,.—. -11 FT L ii 1 , K '1"-\f win I TII Him ( al itr grim I mum m Elu■■ A, � �EVE 4.'I~i.l '1 — 1--....- / 1. tz - 1 . 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Background Don Herzog of Herzog Development Corporation is in the process of developing the master planned community known as Woodbridge. The Woodbridge development encompasses approximately 921 acres(390.5 within the City of Wylie) and is located south of Alanis Drive between Sachse Road and State Highway 78. Specific amenities associated with the development include an 18 hole championship golf course, park and recreational areas, neighborhood and community hiking trails, community swimming pools, and a variety of residential lot sizes ranging from 5,500 square feet to 10,000 square feet. Phase I of the Woodbridge residential development(located within Sachse)has been constructed and is close to being built out. The 18 hole championship golf course(located within Wylie)has also be constructed and is expected to open in August of 1999. During zoning discussions concerning the Woodbridge development, it was noted that the golf course clubhouse complex and related facilities would be built within the City of Wylie proper and require water service from the City of Sachse. The clubhouse complex is under construction and is scheduled for completion in June or July 1999. As a result, the Herzog Corporation has requested that the clubhouse complex,pavilion, and pool(located within Wylie)be allowed to connect to the City of Sachse water system due to the fact that the City of Wylie does not have operable infrastructure in the area. Please note this resolution only encompasses the clubhouse facility, pavilion, and pool and does not include any single family homes(see attached map). According to the developer,the water connections for the above referenced facilities will be permanent. Specifically,the City of Wylie does not anticipate providing water service to these facilities now or in the future. However, should water connections be required or desired in the future, staff has worded the resolution accordingly to allow future connections to the Wylie water system. Also, please note that all applicable fire hydrants have been designed to accommodate both Wylie and Sachse fire apparatus. Financial Considerations Due to the fact that the clubhouse complex, pavilion, and pool will be served by the City of Sachse, impact fees will be paid to the City of Sachse. Approximate water impact fees the City of Wylie will be losing amount to $3,500.00. Individual Consideration Woodbridge water service Paae 1 Financial Considerations continued Mr. Don Herzog of the Herzog Development Corporation will be in attendance should the Council have specific questions regarding the request or status of the Woodbridge development. Board Recommendation N/A Staff Recommendation Approval Attachments Resolution Prepared by Revie e by Finance rty Mana Approval Individual Consideration Woodbridge water service Paae 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITY OF SACHSE FOR THE PROVISION OF WATER FOR THE WOODBRIDGE GOLF COURSE CLUBHOUSE COMPLEX PAVILION, AND POOL, AS LOCATED IN "EXHIBIT A". WHEREAS, the City of Wylie provides water to the citizens of the City of Wylie; and WHEREAS, the Woodbridge Subdivision is being developed in the City of Wylie and the City of Sachse; and WHEREAS, the Woodbridge Golf Course Clubhouse Complex, Pavilion, and Pool, as located in "Exhibit A" attached, are in need of water services from the City of Wylie portion of development; and WHEREAS, the City of Sachse could provide such service, until such time the City of Wylie is capable of providing such service an attachment would/may be required; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: That City Manager of the City of Wylie is hereby directed to enter into an agreement with the City manager of the City of Sachse to provide water for the Woodbridge Golf Course Clubhouse Complex, Pavilion, and Pool, until such time that the City of Wylie is capable of providing such service. Any building or facility which can be serviced by the City of Wylie would/may be required to immediately attach to the Wylie water system. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 1999 By John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary WYLIE CITY COUNCIL pit INDIVIDUAL CONSIDERATION February 22, 1999 Item No. (p Issue Consider and Act Upon A Resolution of the City Council directing the City Manager to enter into an agreement with the City of Sachse for the Provision of wastewater treatment for the Woodbridge Golf Course Clubhouse Complex,Pavilion, and Pool Background Don Herzog of Herzog Development Corporation is in the process of developing the master planned community known as Woodbridge. The Woodbridge development encompasses approximately 921 acres(390.5 within the City of Wylie) and is located south of Alanis Drive between Sachse Road and State Highway 78. Specific amenities associated with the development include an 18 hole championship golf course, park and recreational areas, neighborhood and community hiking trails, community swimming pools, and a variety of residential lot sizes ranging from 5,500 square feet to 10,000 square feet. Phase I of the Woodbridge residential development(located within Sachse)has been constructed and is close to being built out. The 18 hole championship golf course(located within Wylie)has also been constructed and is expected to open in August of 1999. During zoning discussions concerning the Woodbridge development, it was noted that the golf course clubhouse complex and related facilities would be built within the City of Wylie proper and require sewer service from the City of Sachse. The clubhouse complex is under construction and is scheduled for completion in June or July 1999. As a result, the Herzog Corporation has requested that the clubhouse complex,pavilion, and pool(located within Wylie)be allowed to connect to the City of Sachse sewer system due to the fact that the City of Wylie does not have operable infrastructure in the area. Since Sachse's sewer is treated by the City of Garland(under contract),the City of Garland has stated that resolutions authorizing the City of Sachse to provide sewer services to facilities located within Wylie proper must be approved by Wylie and Sachse prior to actual connections being made. Please note this resolution only encompasses the clubhouse facility,pavilion, and pool and does not include any single family homes(see attached map). According to the developer, the sewer connections for the above referenced facilities will be permanent. Specifically,the City of Wylie's sewer trunk line is located on the east side of the creek and,therefore,would require these facilities to provide connections underneath the creek and across the golf course. Also,please note that although the above referenced connections may be permanent, staff has worded the resolution to allow future connections to the Wylie sewer system should they be desired or required upon completion of the Regional wastewater treatment facility. Individual Consideration Woodbridge Wastewater Agreement Paae 1 Background continued According to Mr. Terry Smith, Interim City Manager for the City of Sachse, Sachse officially adopted their resolution on October 19, 1998 (see attachment). Once both Cities(Wylie & Sachse) have officially approved resolutions authorizing the City of Sachse to provide sewer services, Mr. Bill Dollar, Garland Assistant City Manager,will draft and provide letters of approval. Financial Considerations Due to the fact that the clubhouse complex,pavilion, and pool will be served by the City of Sachse, impact fees will be paid to the City of Sachse. Approximate sewer impact fees the City of Wylie will be losing amount to $9,584.80. Mr. Don Herzog of the Herzog Development Corporation will be in attendance should the Council have specific questions regarding the request or status of the Woodbridge development. Commission Recommendation N/A Staff Recommendation Approval Attachments Resolution flk < 4 Prepared by R ' ed by Financ City ager Approval Individual Consideration Woodbridge Wastewater Agreement Paae 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITY OF SACHSE FOR THE PROVISION OF WASTEWATER TREATMENT FOR THE WOODBRIDGE GOLF COURSE CLUBHOUSE COMPLEX, PAVILION, AND POOL, AS LOCATED IN "EXHIBIT A". WHEREAS, the City of Wylie provides wastewater treatment to the citizens of the City of Wylie; and WHEREAS, the Woodbridge Subdivision is being developed in the City of Wylie and the City of Sachse; and WHEREAS, the Woodbridge Golf Course Clubhouse Complex, Pavilion, and Pool, as located in "Exhibit A" attached, are in need of wastewater treatment services from the City of Wylie portion of development; and WHEREAS, the City of Sachse could provide such services, upon concurrence of the City of Garland, which provides services by contract to the City of Sachse, until such time the City of Wylie is capable of providing such services an attachment would/may be required; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: That City Manager of the City of Wylie is hereby directed to enter into an agreement with the City manager of the City of Sachse to provide wastewater treatment for the Woodbridge Golf Course Clubhouse Complex, Pavilion, and Pool, until such time that the City of Wylie is capable of providing such services. Any building or facility which can be serviced by the City of Wylie would/may be required to immediately attach to the Wylie wastewater system. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 1999 By John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary WYLIE CITY COUNCIL rt/ifir: INDIVIDUAL CONSIDERATION February 22, 1999 Item No. Issue Consider and Act Upon A Resolution of the City Council directing the City Manager to enter into an agreement with the City of Sachse for the Provision of wastewater treatment for the Woodbridge Golf Course Maintenance.Facility, North Texas PGA Facility, and Golf Course Restroom Facilities. Background Don Herzog of Herzog Development Corporation is in the process of developing the master planned community known as Woodbridge. The Woodbridge development encompasses approximately 921 acres (390.5 within the City of Wylie) and is located south of Alanis Drive between Sachse Road and State Highway 78. Specific amenities associated with the development include an 18 hole championship golf course, park and recreational areas, neighborhood and community hiking trails, community swimming pools, and a variety of residential lot sizes ranging from 5,500 square feet to 10,000 square feet. Phase I of the Woodbridge residential development (located within Sachse) has been constructed and is close to being built out. The 18 hole championship golf course (located within Wylie) has also be constructed and is expected to open in August of 1999. During zoning discussions concerning the Woodbridge development, it was noted that the golf course maintenance facility, Northtexas PGA facility, and golf course restroom facilities would be built within the City of Wylie proper and require sewer service from the City of Sachse. The maintenance facility is under construction and is scheduled for completion in June or July 1999. As a result, the Herzog Corporation has requested that the golf course maintenance facility, North Texas PGA facility, and golf course restroom facilities (located within Wylie)be allowed to connect to the City of Sachse sewer system due to the fact that the City of Wylie does not have operable infrastructure in the area. Since Sachse's sewer is treated by the City of Garland (under contract), the City of Garland has stated that resolutions authorizing the City of Sachse to provide sewer services to facilities located within Wylie proper must be approved by Wylie and Sachse prior to actual connections being made. Please note this resolution only encompasses the golf course maintenance facility, Northtexas PGA facility, and golf course restroom facilities and does not include any single family homes (see attached map). According to the developer, the sewer connections for the above referenced facilities will be permanent with the exception of the Maintenance facility. Specifically, the City of Wylie's sewer trunk line is located on the east side of the creek and, therefore, would require these facilities to provide connections underneath the creek and across the golf course. Also, please note that although the above referenced connections may be permanent, staff has worded the resolution to allow future connections to the Wylie sewer system should they be desired or required upon completion of the regional wastewater treatment facility. Individual Consideration Woodbridge/Golfcourse Page 1 Background continued According to Mr. Terry Smith, Interim City Manager for the City of Sachse, Sachse has not adopted a resolution pertaining to the above referenced facilities. During discussions with staff, Mr. Don Herzog of the Herzog Development Corporation, stated that he has approached the cities of Garland and Sachse regarding sewer services to the above referenced facilities and indicated that he would provide a status report at the February 22, 1999, Council meeting. Staff recommends that any Council action on this resolution be contingent upon Mr. Herzog's update. Specifically, Council should not take action on this item until the City of Sachse does. Financial Considerations Due to the fact that the Maintenance Facility, North Texas PGA Facility, and Course Restroom Facilities will be served by the City of Sachse, impact fees will be paid to the City of Sachse. Approximate sewer impact fees the City of Wylie will be losing amount to $7,000.00. Mr. Don Herzog of the Herzog Development Corporation will be in attendance should the Council have specific questions regarding the request or status of the Woodbridge development. Board Recommendations N/A Staff Recommendations Approval Attachments Resolution Prepared by R 'ewed by Fina ce City M ger Approval Individual Consideration Woodbridge/Golfcourse Paae 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITY OF SACHSE FOR THE PROVISION OF WASTEWATER TREATMENT FOR THE WOODBRIDGE GOLF COURSE MAINTENANCE FACILITY, NORTH TEXAS PGA FACILITY, AND COURSE RESTROOM FACILITIES, AS LOCATED IN "EXHIBIT A". WHEREAS, the City of Wylie provides wastewater treatment to the citizens of the City of Wylie; and WHEREAS, the Woodbridge Subdivision is being developed in the City of Wylie and the City of Sachse; and WHEREAS, the Woodbridge Golf Course Maintenance Facility, North Texas PGA Facility, and Course Restroom Facilities, as located in "Exhibit A" attached, are in need of wastewater treatment services from the City of Wylie portion of development; and WHEREAS, the City of Sachse could provide such services, upon concurrence of the City of Garland, which provides services by contract to the City of Sachse, until such time the City of Wylie is capable of providing such services an attachment would/may be required; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: That City Manager of the City of Wylie is hereby directed to enter into an agreement with the City manager of the City of Sachse to provide wastewater treatment for the Woodbridge Golf Course Maintenance Facility, North Texas PGA Facility, and Course Restroom Facilities, until such time that the City of Wylie is capable of providing such services. Any building or facility which can be serviced by the City of Wylie would/may be required to immediately attach to the Wylie wastewater system. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 1999 By John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION February 22, 1999 Item No. _S Issue Consider and act upon approval of an Impact,'Fee Reimbursement Agreement with Centex Homes Background This item was first presented to Council in the packet for the January 26, 1999 regular meeting. At the request of the City Manager, it was removed from the agenda. The City of Wylie's 10-Year Water and Sewer Capital Improvement Plan (CIP) identifies the major infrastructure improvements which are necessary to support the projected population growth during the 10-year period. The projected construction costs for these projects are the basis for water and sewer Impact Fees which are currently assessed. In order to provide sewer service to Phases III, IV, and V of Newport Harbor, it was determined that Centex Homes would need to construct a 12,205 linear foot, off-site gravity line which would connect the development to the Muddy Creek Interceptor line. Although a 12" line was all that was necessary to serve the subdivision and meet the City of Wylie's development standards, the CIP reflected a 21' - 24' line which would provide sewer service to a much larger service area. An opportunity presented itself to work with the developers to construct a sewer line which would not only provide the necessary services to the Newport Harbor Subdivision but would put the infrastructure in place to serve the entire area. Staff met with representatives of Centex Homes who agreed to build the sewer line to the size reflected on the CIP. The City's Impact Fee Ordinance states: The city may agree that an owner of a new development may construct or finance the capital improvements or facility expansions, and the costs incurred or funds advanced will be credited against the impact fee otherwise due from the new development. The city may agree to reimburse the owner for such costs from impact fees paid from other new developments that will use such capital improvements or facility expansions or the owner voluntarily requests the city to reserve capacity to serve future development and the city and the owner enter into a valid written agreement. Item for Individual Consideration Agreement with Centex Page 1 Background-continued The Section 6 of the Wylie Subdivision Regulations also provide for the City's participation in construction costs which represent the over-sizing of water and sewer lines. The Agreement proposed with Centex Homes calls for the City to reimburse the sewer Impact Fees which have been paid for the development and to participate in the cost of the over-sizing of the line. The cost of the over-sizing will be paid to the developer as Wylie assesses and collects sewer Impact Fees for new development that will utilize the sewer line. Financial Considerations The total amount to be reimbursed to Centex Homes is $600,000. The amount of sewer Impact Fees that have been paid by the developer for Phases III, IV, and V of Newport Harbor is $440.681.00, which will be reimbursed immediately upon approval of the Agreement by Council. The balance of $159,319.00 will be reimbursed to the developer as sewer Impact Fees are collected from new developing tying on to the newly constructed sewer line. The Agreement specifies that there is no certain date by which the $159,319.00 is due to the developer, but that the payment shall be made only as the Impact Fees are collected. Other Considerations Section 395.019(2) of the Texas Local Government Code grants the City the ability to utilize Impact Fees for reimbursement to developers for the costs incurred in the construction of capital improvements identified within the adopted Capital Improvement Plan. Board/Commission Recommendation N/A Staff Reconunendation N/A Attachment Impact Fee Reimbursement Agreement /())( _ Tr la_ (41 dAA(4 Prepared Revi ed by Finan e City Manager Approval Item for Individual Consideration Agreement with Centex Page 2 IMPACT FEE REIMBURSEMENT AGREEMENT Pi/ This Impact Fee Reimbursement Agreement (the "Agreement") is made and enieteck i dayof February, 1999,byand between Centex Homes, a Nevadageneral as of this the ry, partnership (the "Developer"), and the City of Wylie, Texas ("Wylie"), on the terms and conditions hereinafter set forth. WHEREAS, the Developer has completed construction of an off-site sanitary sewer line to provide sewerage services (the "Project") to the service area which is more particularly described in Exhibit "A"which is attached hereto and incorporated herein for all purposes (the "Service Area"); and WHEREAS, the Project is identified as a new capital improvement on Wylie's Capital Improvements Plan; and WHEREAS, the Project consists of approximately 12,205 linear feet of gravity line necessary for development of all of the land within the Service Area; and WHEREAS, Wylie is entitled to collect impact fees for water and sewer utilities, as prescribed in Wylie Ordinance No. 90-10, as amended or supplemented by Wylie Ordinance Nos. 93-4 and 97-4 (hereinafter referred to collectively as the"Impact Fee Ordinances"); and WHEREAS, the Developer has paid to Wylie sewer impact fees in accordance with the Impact Fee Ordinances for its Newport Harbor Subdivision in the total amount of$440,681.00; and WHEREAS, the Developer has paid all of the construction costs for the Project in the total amount of$703,236.44; and WHEREAS, Wylie has agreed to participate in the Project construction costs in accordance with the Texas Impact Fee Act, the Impact Fee Ordinances and Wylie's Subdivision Regulations; and WHEREAS, the Developer and Wylie desire to document their agreement relative to certain reimbursements or credits to the Developer of impact fees paid by the Developer to Wylie in the construction of the Project; and WHEREAS, the Developer and Wylie have agreed that Wylie will reimburse to the Developer a total amount of$600,00.00 in accordance with the terms set forth below. NOW, THEREFORE, in consideration of the covenants and conditions contained in this Agreement, the Developer and Wylie agree as follows: IMPACT FEE REIMBURSEMENT AGREEMENT-Page 1 rb/1:\mbox4\wylie\impactreim.agt/012699 1. Reimbursement Payments/Credits to Developer. In accordance with §395.019(2) of the Texas Local Government Code, the Texas Impact Fee Act, the Impact Fee Ordinances and/or Wylie's Subdivision Regulations, Wylie will reimburse the Developer according to the terms set forth below: a. upon execution of this Agreement, Wylie will pay the Developer $440,681.00, representing the reimbursement of sewer impact fees paid by the Developer for development within the Service Area; and b. Wylie will pay and/or credit the Developer$159,319.00, representing Wylie's participation in the Project construction costs, in accordance with the following: (i) Wylie will pay $159,319.00 to the Developer as Wylie assesses and collects impact fees from each new development that will use the capital improvements constructed by the Developer in the Service Area, which fees will be collected and reimbursed,within a reasonable time, to the Developer at the time the other new development records its plat. Future sewer impact fees collected within the Service Area will be paid to the Developer until the $159,319.00 reimbursement is fully paid. The parties acknowledge that there is no specified date by which the $159,319.00 is due and payable to the Developer,but such reimbursement payment shall be made by Wylie only if, as and when the sewer impact fees are collected by other developments that will use the capital improvements constructed by the Developer in the Service Area; and/or (ii) in the event the Developer is assessed additional sewer impact fees within the Service Area, Wylie will credit the Developer for these additional sewer impact fees until, in accordance with paragraph 1 (b)herein, Wylie has paid and/or credited the Developer the total amount of$159,319.00. (iii) any and all amounts collected and subsequently paid to the Developer and/or credited to the Developer, in accordance with this Agreement, shall not accrue interest. 2. Limitations on Agreement. The parties acknowledge that all obligations of Wylie under this Agreement are limited by the requirements of the Impact Fee Ordinances permitting IMPACT FEE REIMBURSEMENT AGREEMENT-Page 2 rb/1:\mbox4\wylie\i mpactreim.agt/012699 Wylie to recover costs for thoroughfares, water and sewer facilities. Any other ordinances of Wylie covering property taxes,park dedications and/or payments in lieu of dedication of land, utility rates and the like are not affected by this Agreement, and Developer shall have no right to any reimbursements of any portion of any sums collected by Wylie with respect to the property described in this Agreement pursuant to any ordinances other than the Impact Fee Ordinances. 3. Miscellaneous. a. This Agreement may not be assigned by the Developer without the prior written consent of Wylie which shall not be unreasonably withheld, conditioned or delayed. b. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. c. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. d. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. e. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. f. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. g. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. h. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption of principle that the language herein is to be construed against IMPACT FEE REIMBURSEMENT AGREEMENT-Page 3 rb/1:\mbox4\wylie\impactreim.agd012699 any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. i. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest date as reflected by the signatures below. CENTEX HOMES, CITY OF WYLIE, TEXAS a Nevada general partnership By: Its: JOHN MONDY,Mayor Date: Date: ATTEST: BARBARA SALINAS, City Secretary IMPACT FEE REIMBURSEMENT AGREEMENT-Page 4 rb/1:\mbox4\wylie\impactreim.agt/012699 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 CENTEX HOMES, a Nevada general partnership, 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: STATE OF TEXAS * COUNTY OF COLLIN 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: IMPACT FEE REIMBURSEMENT AGREEMENT-Page 5 rb/1:\mbox4\wylie\i mpactreim.agU012699 WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION February 22, 1999 Item No. q Issue Consider and Act Upon a replat of the Westgate Center Phase I Addition,proposed John P. Pennington Investments, Inc., for the property generally located at the southwest corner of FM 544 and Westgate Way and being all of Lot 1, Block A,Westgate Center Phase I, an addition to the City of Wylie,Collin County, Texas. Background The final plat under consideration is for the Westgate Center, Phase One Addition. The applicant is replatting one(1)lot into two(2)in order to develop the northern lot(Lot 1)with a restaurant (Taco Bell). The property is currently vacant, zoned I(Industrial), and platted as Lot 1, Block A, of the Westgate Center, Phase One Addition(19.6741 acres). Other Considerations • Staffhas reviewed the proposed plat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie except for ingress/egress. Specifically, the plat under consideration incorporates a variance request to Section 2.4 (Driveway Access Location). Stated more simply,there is a minimum distance upstream and downstream from adjacent intersections within which driveways should not be located. This separation distance varies with the classification of street and is shown in figure 2.3 (see attachment). The minimum driveway separation dimensions applicable to this property have been marked for your convenience. • In order for this property to be in compliance and have access to FM 544, all points of approach would need to be at least 150 feet to the west of the Westgate Way and FM 544 intersection(measured from intersection of paving). Due to the fact that this property only has a total of 167.66 feet of frontage along FM 544,it is not possible for this development to be in compliance and have access to FM 544. In an effort to eliminate circulation problems and improve traffic flow,the applicant is requesting a variance for a driveway onto FM 544 to be located approximately 115-120 feet west of the Westgate Way and FM 544 intersection. Staff does support this variance request and recommends that it be approved. Specifically, Section 1.08 A. of the Subdivision Regulations authorize the Commission and Council to grant a variance to these regulations when it is determined that an unreasonable hardship may result from strict compliance. Individual Consideration Westgate Center Paae 1 Attachments Figure 2.3 Final Plat Application Final Plat Paving Plans Prepare b Revie d by Finance City Mager Approval Individual Consideration Westgate Center Paae 3 Other Considerations continued • The applicant is also seeking a variance for the ingress/egress approach to Westgate Way. In order for this property to be in compliance and have access to Westgate Way, all points of approach would need to be at least 200 feet to the south of the Westgate Way and FM 544 intersection(measured from intersection of paving). If developed today as proposed, the approach onto Westgate Way would be in compliance as 200 feet exist between the said approach and the intersection of paving at the southwest corner of Westgate Way and FM 544. However, once FM 544 is expanded, the separation distance for the approach onto Westgate Way will be less than 200 feet. As a result, the applicant is seeking a variance for this approach in order to avoid future concerns regarding non-conforming status. Staff does support this variance request and recommends that it be approved. Specifically, Section 1.08 A. of the Subdivision Regulations authorize the Commission and Council to grant a variance to these regulations when it is determined that an unreasonable hardship may result from strict compliance. Financial Considerations Final plat application fee in the amount of$223.00- Paid Impact fees in the amount of$53,233.40 - Paid Perimeter street fees in the amount of$9,374.63 - Paid Commission Recommendation At the December 15, 1998,Planning and Zoning Commission meeting,the Commission voted by 6-1 to favorably recommend this case. Commissioner Dowdy voted nay based on concerns regarding traffic circulation associated with the variance requests for driveway separation. Staff Recommendation Approval, subject to final engineering approval of the water and sewer connections and the plat being revised as follows: • Add the following notes to the plat 1. "A variance from the requirements of driveway separation along FM 544 and Westgate Way is granted with this plat for Lot 1, Block A"and 2. "Selling a portion of this addition by metes and bounds is a violation of City Ordinance and State Law and is subject to fines and withholding of utilities and building permits. • Revise the signature block to include an"Approved for Construction" section. The Department's of Public Works, Fire, and Community Development concur with this recommendation. Individual Consideration Westgate Center Paae 2 1 50' 100' 100'1 ram___ /— . LOCAL LOIJAL f � 1 150' 200' NOTE: I { All dimensions • 100' • shown are minimums. 1 •100' • I 200' .\\ 300' 150' 150' ARTERIAL COI I FCTOR frtreseezie 200' " 200'� 100' 1 MINIMUM DR-VEWAY SPACING AND CORNER CLEARANCE ARANCE FIGURE 2.3 City of Wylie APPLICATION AND FINAL PLAT CHECKLIST U C,' _ y, - Name of Proposed Development ola/ La/l 1/ockA, Weas&akeettler Rh&o Name of Property Owner/ eloper Jc9hr7 P -Ti7LA'S/tree; Lnc• Address 7l&D 1O2,S7(c ,,--S;le Z/o Phone(?fr)585- 94G / 0, 7z 7 cif / Z Owner of Record NioA ) P Ig#09 � g h _ 7Je $o cs ZOe Address Phone Name of Land 424ae fer ,go/B.ndtpers{er G'iv,'I ria'irZersS Surveyor/Engineer Address igi< 79 g 1 '�, -,� Phonc(974,)6 /-072� PI94-, , -r 7So 74 Total Acreage /9 (0 74/ Current Zoning e/usIria-/ Number of Lots/Units 2 Signed The Final Plat shall generally conform to the Preliminary Plat, as approved by the City Council and shall be drawn legibly to show all data on a scale not smaller than 1" = 100' with a graphic scale provided. Six sets of direct prints and three Mylars of all originals, plus one on Mylar to be 17-1/2' x 23-3/4" shall be submitted. Plats prepared using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on diskette to the City. The following Final Plat Checklist is used to check compliance with the Wylie Subdivision Regulations. The following checklist is intended only as a reminder and a guide for those requirements. REC'D O C T 141998 WYLIE CITY COUNCIL riff' INDIVIDUAL CONSIDERATION February 22, 1999 Item No. 10 Issue Consider and Act Upon a final plat for the Southplace Estates Phase II subdivision,proposed by Ballpen;Venture II, L.P., generally located along the east side of Taos Lane between Cloudcrolt Drive and Silvercrcek Drive and being all of a 1.9423 acre tract out of the Allen Atterberry Survey, Abstract No.23, City of Wylie, Collin County, Texas. Background The final plat under consideration is Phase II of the Southplace Estates subdivision. The applicant is final platting 1.9423 acres in order to develop the property with eight(8) single family homes. The property is currently vacant,unplatted, and zoned for SF-2 (Single Family Residential)uses. The preliminary plat for this subdivision was approved by the Commission on November 3, 1998, and by the Council on November 17, 1998. Other Considerations • Staff has reviewed the proposed final plat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances ofthe City of Wylie. As a result,this case must be approved as it complies with state statues and the City of Wylie Subdivision Regulations. Financial Considerations Application Fee in the amount of$174.00- Paid Impact fees in the amount of$16,896.00 - Paid Commission Recommendation At the January 19, 1999, Planning and Zoning Commission meeting,the Commission voted unanimously to favorably recommend this case. Staff Recommendation Approval The Department's of Public Works, Fire, and Community Development concur with this recommendation. Individual Consideration Southplace Estates Paae I Attachments Final Plat Application Final Plat Prepar by Re ' e by Finan e City ager Approval Individual Consideration Southplace Estates Paae 2 Nov 30 98 02. 29p CitB of ie-Comm Deve 972-442-8154 p. 1 City of Wylie (1/95) APPLICATION AND FINAL PLAT CHECKLIST Date 11/30/98 Name of Proposed Development SOUTHPLACE ESTATES Name of Property Owner/Developer BALLPEN VENTURE I I, L.P. Address 8150 N. CENTRAL EXPRWY, #795 Phone (214)692-7066 DALLAS, TEXAS 75206 Owner of Record BALLPEN VENTURE I I , L.P. Address 8150 N. CENTRAL EXPRWY, #795 Phone (214)692-7066 DALLAS, TEXAS 75206 Name of Land Planner R-DELTA ENGINEERS, INC./FRANK PALMA Surveyor/Engineer Address 705 W. AVENUE B. , # 606 Phone (972)494-5031 GARLAND, TEXAS 75040 Current Zoning SF-2 Total Acreage 1.9423 Number of Lots/Units 8 lrl�oo rt � Signe ?jdel-cr- The Final Plat shall generally conform to the Preliminary Plat, as approved by the City Council and shall be drawn legibly to show all data on a scale not smaller than 1" = 100' with a graphic scale provided. Six sets of direct prints and three Mylars of all originals, plus one on Mylar to be 17-1/2" x 23-3/4" shall be submitted. Plats prepared using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on diskette to the City. vision The following Final Plat Cheklist is sed check only scompliance eminder and a guide r"o�'those Regulations. The following checklist is intended requirements. Post;it Dery 'd pages Fax Plot R7673 f 7/3'� i 3 To �M FartZ^02-q{.,/ From '9�, f! Pnore:l WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION February 22, 1999 Item No. I / Issue Consider and Act Upon a request from Robert Heath for approval of a zone change form PD (Planned Development) for Retail, Office, Mini Storage, and B-1 Business or Office/Tech uses to (Planned Development)!for Light Assembly,Indoor Auction, Retail, Office, Mini Storage, and B-1 Business or Office/Tech uses,for the property generally located at the southeast corner of SH 78 and Eubanks Lane and being all of a certain 6.1598 acre tract out of the Francisco De La Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas. ZC. No. 98-10: Background The applicant is requesting rezoning on 6.1598 acres in order to add two (2) permitted uses to the existing Planned Development zoning classification previously approved by City Council on March 26, 1996. Specifically, the applicant is requesting that light assembly and indoor auction be approved as permitted uses on Lot 1. Light assembly and indoor auction uses are permitted by right within a B-2 (Business) district or as approved within a PD (Planned Development). Currently the property is partially developed with business and mini warehouse uses and zoned PD (Planned Development) for Retail, Office, Mini Storage, and B-1 Business or Office/Tech uses. The properties to the east, and south are vacant and zoned for A(Agricultural)uses. The property to the west is zoned B-1 (Business) and partially developed with business uses. The property to the north is vacant and zoned for B-2 (Business) uses. Public Comment Forms were mailed to nine (9) property owners within 200 feet of this request. One (1) Public Comment Form in support has been returned. Other Considerations • The Comprehensive Plan recommends retail, commercial, and business uses for the property. The proposed zoning and land use are consistent with the Comprehensive Plan and surrounding development. • The applicant is not required to submit a Conceptual Plan due to the fact this property already has an approved PD (Planned Development) classification. • The development plan under consideration is identical to the zoning approved in 1996, with the exception of the new uses, secured access gates located throughout the development, and the request for a variance for temporary off-street parking constructed out of crushed concrete. The applicant has stated that the new uses will be limited to one (1) building encompassing 7400 square feet for light assembly or indoor auction, 1200 square feet for warehouse, and 1000 square feet for office uses. Individual Consideration ZC 98-10 Page 1 Other Considerations continued • Specific elements associated with this request are all follows: 1. The applicant is requesting two (2) new uses. Specifically, the applicant is requesting that light assembly and indoor auction uses be approved as permitted uses within lot 1. The existing zoning does not allow said uses within lot 1; 2. The applicant has reconfigured the parking within lot 1. Specifically, the applicant has relocated all required parking between the western property line and the westerly most structure (see attached 8 1/2 X 11 copy of previous configuration); 3. The applicant has added notes to the development plan requesting that all required parking be constructed of crushed concrete on a temporary basis. Specifically, the applicant has stated that he would like to utilize the proposed temporary parking standards until future development occurs. The paving standards (attached for your review) state that all required parking shall be paved with concrete or asphalt material and designed according to City standards and specifications. Staff does not support the request for temporary crushed concrete parking; • The applicant is aware that all access gates, fire lanes, and related public safety concerns must be approved by the fire department at the time of platting or issuance of building permits and certificates of occupancy. • The applicant is aware that applicable access, off-street parking and landscaping must be installed per City of Wylie standards and ordinances prior to the issuance of any certificates of occupancy. • The applicant is aware that the property will have to be platted prior to the issuance of any new building permits. Financial Considerations Application fee in the amount of$250.00 - Paid Commission Recommendation At the February 16, 1999, Planning and Zoning Commission meeting, a motion to approve the case per the applicant's request for a variance allowing temporary parking constructed of crushed concrete failed by a vote of 2-3. Specifically, Commissioners Schmader, Hogue, and Dowdy voted nay while Commissioners Ahrens and Wood were absent. A second motion to recommend approval per the staff stipulations was approved unanimously. Commissioners voting nay on the motion to approve per the applicant's request for a variance allowing temporary parking constructed of crushed concrete expressed the following concerns: 1. Did not want the City to set a precedent for substandard off-street parking; 2. Minimum paving standards for off-street parking were adopted for public safety purposes and, therefore, did not warrant a variance; and 3. Questions regarding whether or not enough off-street parking is provided. Specifically, the Commissioners stated they had concerns that the applicant would lose to many required parking spaces once the retail structure is built. Individual Consideration ZC 98-10 Page 2 Staff Recommendation Approval, subject to the development plan being revised as follows: Add retail to the peimitted uses within lot 1. Said use was approved in 1996 and inadvertentlyomitted within the lot 1 project data text; Correct the applicable label on the structure to be utilized for light assembly or indoor auction. Currently, the building incorporates a showroom label which is incorrect; Remove all notes referencing temporary parking from the development plan; Reconfigure the parking and screening located between the two eastern structures within lot 1. Staff recommends that the original configuration be incorporated in order to maintain the integrity of the previously approved development plan (see attached 8 1/2 X 11 copy of previous configuration); and Add the following notes to the development plan All structures will comply to the City of Wylie development standards and codes. No building shall exceed 40 feet in height, except cooling towers, roof gables chimneys, vent stacks or mechanical equipment rooms may project not to exceed twelve (12) feet beyond maximum building height. A twenty (20) foot front yard shall be required on Tract 1 adjacent to SH 78, and a three (3) foot setback for maintenance purposes shall be placed on exterior property lines of Tract 1 and Tract 2. The Departments of Public Works, fire, and Community Development concur with this recommendation. Attachments Public Comment Form Location Map Area Zoning Map Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Zoning Change Application Section 2.17 A. 4 of the City of Wylie Paving standards 8 1/2 X 11 copy of previous configuration Development Plan & Ordinance / ed Prepa ed by Rev' ed by Financ City M a er Approval Individual Consideration ZC 98-10 Page 3 PUBLIC COMMENT FORM (Please type or use black ink) RECD E E g 0 5 1999 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#98-10. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#98-10. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,February 2, 1999,7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,February 22, 1999,6:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas 'D FAMILY( TRU$T Name: C10 QwA'(CIE 1300 (please print) 'f Address: 3I2 MEAOOu\� M-4Jl�-t-ALN 0ktUE� Wylie Tax Account Number (if shown on enclosed map): — O d— - Signature: Date: COMMENTS: \� .Z.,/ _—.-x-�on-Tope' 1 i `j ,.� I �� i 4IJ I e''�"" `�`° • �_ SU ECT s" 1 ��' PROPERTY .` \, /'4/ ?a ate Hii�hwLd Tlo. /8 1` /� SN N°' N i I 1 f 1 0 1 / i 1 nu r i� # i ; I' a - i 1- -- ��li rlit 111 ;� It AO \ P i III �I I • fl//n j -L 4 II ii il[IU I KOCd �y BroWn St ,�; ' 1 1 1 1 I I 1 i 1 2111 _ J g Y. - I( II II -- rT 1 \ AM '_ill IT c- HA ____/ - Jr I. .11.J.Lai \\,_ _ _ tINI 1 .1 ,, i __i� I I I I� I ; ,, i i i -- --- �oos ., i --- I 1 L MA - ,{1 - I 1 I I �c 1 I I I { III ) ♦ --� �., r I%r-1 I �. 1 F---r--- ( I I ---I I I —ti I i 1 ; I I e l IIS1 } gone r°°1\ j 1 I g 1 I I 1 1 ir ! 1 i �/ f II ii i i i t X/ I I I I F--{ I I -11J 1 ! PROJECT LOCATION MAP ZONING CASE #98- 10 , - .--• ' ......• __---------i7jo-r-- -.. Genken - a....... ....• ...... ..-. co • - ..- o....• L._ ...... ,...\\,.....,, B- 1 B-2 ,.,. \p,...,.• 1 .....v\t, . . • . ,-.-_- ..,.. .,,,,,,.. i i i 0. • 11 • ....., .."/..' ./.' *--' •I C h WC \ 0 •..._/ 8 B- 1 - Robertil A A B . . - 1 A . ,.. _. , T .. i IL'Heatlli :,, i L . i i-----7 ii 144688002 ._.._ u) :ii1)365C0',ii B- 1 " .... ••:„,:.,:„:„:.,. i i c 046.8.81O62 A B- 1 a :. .42•360,ti i ; ; i i i , E S'UBJECT.PRO i i i A /f .._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._ 611111E1 i Devons ire Lane i IIII A EN , r"----1 MC 1 $ r _., , p L , i ! NI- Id Drive iy n am _ _ j i MIIII i i i. IIII. M T 1 1i 1 1 1 1 1 1 _ f111Z•a j I S ane C L „.-/-------- ( li 111 111 i I I 111111111111111[ ZONING AREA MAP ZONING CASE #98- 1 0 . o " ' • 'c;.'.' • N i i Wylie Woodlake Partners 1„=200' w R-2381 -00A-0010-1 W o o o / .)) A. Eubanks ; W. Paired R-6688-002-i 0R-6688-002- ' 0630-1 c 0600-1 14;66854 _ . . _ . . �. . _ _ . ._ � D. Boyd O02 R-6688-001 -0770-1 . ' A. Eubanks R640G2 R-6688-002- t. ' 0670-1 SUBJECT t PR PERKY n '' t s ,° t c s r _ t ) .t, K. Hummel ci N.Eubanks . . R-6688-001 - :i 0. R-6688-002-0589-1 0530-1 i PROPERTY OWNER NOTIFICATION MAP I ZONING CASE #98- 10 NOTIFICATION REPORT APPLICANT: Robert Heath APPLICATION FILE # 98-10 1903 "A" Hwy 78 North Wylie, Texas 75098 # LBLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Boyd Family Trust 312 Meadow Mountai Drive 1 Abst. 688-1 Tract 77 R-6688-001-0770-1 c/o Dwayne Boyd Waco, Texas 767 4814 Sprucewood L:'ne 2 Abst. 688-1 Tract 53 R-6688-001-0530-1 Katherine Hummel Garland, Texas 75 '4 1802 Hwy. 78 Nor 3 Abst. 688-2 Tract 60 R-6688-002-0600-1 Walter Pair Wylie, Texas 750(; Eubanks Living Trust 1900 Hwy. 78 Noun 4 Abst. 688-2 Tract 63 R-6688-002-0630-1 Archie Eubanks Wylie, Texas 750 ' Eubanks Living Trust 1900 Hwy. 78 Nor r1 5 Abst. 688-2 Tract 67 R-6688-002-0670-1 Archie Eubanks Wylie, Texas 7504 4814 Sprucewood L:-ne 6 Abst. 688-2 Tract 58-9 R-6688-002-0589-1 Nolan Eubanks Garland, Texas 75L14 Woodlake Village 7557 Rambler Road , -023 7 A Lot 1 R-2381-00A-0010-1 Wylie Woodlake Partners, LC Dallas, Texas 75231 Texas Department of Transportation P.O. box 90 8 State Hwy. No. 78 Bill Lovil McKinney, Texas 7E C69 R-6688-002-0650-1 1903 "A" Hwy. 78 N . th 9 Abst. 688-2 Tracts 65 &206 R-6688-002-2060-1 Robert Heath (applicant) Wylie, Texas 750' NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION AND CITY COUNCIL An application has been received by the City of Wylie for a: PROPOSED ZONING CHANGE Zoning Case Number: 98-10 Applicant: Robert Heath Location: Generally located at the southeast corner of SH 78 and Eubanks Lane Property Description: (See the attached Exhibit"A"for full legal description) Present Zoning: PD(Planned Development)for Retail,Office,Mini Storage,and B-1 Business or Office/Tech uses Requested Zoning: PD(Planned Development)for Light Assembly,Manufacturing,Retail,Office,Mini Storage, and B-1 Business or Office/Tech uses This public hearing is held to consider the application as an amendment to the Comprehensive Zoning Ordinance of the City of Wylie,Texas and the Official Zoning Map. The request will be considered as follows: Planning and Zoning Commission: Tuesday,February 2, 1999,7:00 PM City Council: Tuesday,February 22, 1999,6:00 PM Each public hearing will be held at the following location: City Council Chambers of the Municipal Complex 2000 Highway 78 North,Wylie,Texas All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. EX1„Z; I '' LEGAL: AREA 1: Being a tract of land situated in the Francisco De La Pina Survey,Abstract No.688,City of Wylie,Collin County,Texas and being the same tract of land conveyed to R. W. Heath by deed recorded in County Clerk's File No.93-0098882,Collin County,Texas,and being more particularly described as follows: Beginning at a''A inch iron rod set in the south right of way line of State Hwy No.78 and being the northeast corner of a 4 acre tract of land conveyed to Sherwood E. Blount Jr. by deed recorded in Volume 2359,Page 423,Deed Records,Collin County,Texas: Thence,N 89 Degrees 45' 36"E.,along said south right of way line,a distance of 297.70 feet to a 2 inch iron pipe found for the northwest corner of a 1.0 acre tract of land conveyed to Archie Eubanks by deed recorded in Volume 951,Page 741, Deed Records,Collin County,Texas: Thence,S 00 degrees, 14'24"E.,along the west line of said 1.0 acre,a distance of 209.12 feet to a''inch iron rod set for corner in the north line of a 13.9254 acre tract of land conveyed to Archie Eubanks by deed recorded in Volume 1083,Page 270,Deed Records,Collin County,Texas: Thence,S 89 degrees 54 ' 56"W.,along the north line of said 13.9254 acre tract of land,a distance of 297.40 feet to a 1 inch iron pipe found for the southeast corner of aforementioned 4 acre tract of land: 1 ieace,N 00 degrexs 19'29"W.,along the enst line of said 4 acre tract of land,a distance of 208.31 feet to the Point of Beginning and containing 62,102 square feet or 1.426 acres of land. AREA 2,3: Being a tract of land situated in the Francisco De La Pina Survey, Abstract No.688,City of Wylie,Collin County,Texas and being a part of 13.9254 acre tract of land conveyed to Archie Eubanks by deed recorded Volume 1083, page 270,Deed Records ,Collin County,Texas, and being more particularly described as follows: Beginning at a 1 inch iron pipe found for the southwest corner of a 1.426 acre tract of land conveyed to R W. Heath recorded by County Clerk's File No. 93-0098882, Collin County,Texas,and being the east line of a 4 acre tract of land conveyed to Walter B. and Naomi Pair by Deed Recorded in Volume 3559, Page 77,Deed Records,Collin County,Texas; Thence,N 89 degrees 55'02"E,along the south line of said Heath tract,a distance of 265.11 feet to a'h inch iron rod set for corner; Thence,S 01 degrees 54'02"W.,a distance of 438.60 feet to a 'A inch iron rod set for comer; Thence,N 89 degrees 45' 05",a distance of 663.15 feet to a PK Nail set in asphalt for corner in Eubanks Lane and being the southeast corner of said Pair tract; Thence,N 01 degrees 08' 50"W.,a distance of 222.20 feet to a PK Nail set in asphalt for corner in Eubanks Lane and being the southwest corner of said Pair Tract; Thence;N 89 degrees 25' 10"E.,along the south line of said Pair tract, a distance of 417.42 feet to a'A inch iron rod set for the southeast corner of said Pair Tract; Thence,N 00 degrees 10' 02"W.,along the east line of said Pair tract,a distance of 208.76 feet to the Point of Beginning and Containing 4.7338 acres. Page 1 of 2 (5/S REC'DJUN241998 CITY OF WYLIE P.O. BOX 428 WYLIE, TEXAS 75098 9 8 eerpi APPLICATION FOR ZONING CHANGE / Case No. 6-/ — I 0 (56 Filing Fee I. S(. • Date ` j Applicant i /-'i'7" ,� � Phone No. Z-,�9„ 2 Mailing Address: Work No. -„le � gA • LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional space is needed for description, the description may be put on a separate sheet and attached hereto).1 /BOG S 5''4'4 i ;2, i.4 ,A4Y,_ I hereby request that the above described property be changed from its present zoning which is PO District Classification to Dj, &16 y District Classification for the o� reasons: (attach separate sheet if necessary) /C' /,r'�ti zei/ / A 1-9 t- ./j f �,,/Pj �ji llj"�/�i� �i %I-"��l G There (are) (are not) deed restrictions pertaining to the intended use of the property. 2 Status of Applicant Owner - Tenant Prospective Purchaser I have attached hereto as Exhibit "A" a plat showing the property which is the subject of this requested zoning change and have read the following concerning the importance of my submitting to the City a sufficient legal description. /41'jSigned 7 r . . H(CiH • AY ..NO. 18 D:i=2r n-tote cs.. • . . ...- \--- ill— . 1-\, . W C---ecTltA") ,' \ VitiCtvit In) Gick ��. ., pnXa WM �t7lNb nee.Bnee. WNJg :A'V gSf�N-089-46-3L-E 29'1.'1' • 4"cAUP tele Cx�µ1DsC NEW LANDSCAPING ) /lve OAK ;1 • TRH ; 7,$ �►-f/2U(35 f Gvotwo Gov {ailP.S4 t� SCREEN . 3 &toot) _ 3 1 0T•FICE FENCE OFFICE cokst . Iio vim+'' • I,�r Vp' r crz H.C. OFFICE • ''' 6 H.C. Z000��F n 3H 10 EU BANKS 0 M ill vol. iy1, r 7.4I '� , - __ Gau,4 N Cod Tx Ili ,- n t> -- I.UAREpOUSE 3 T T LOT 4I. n — o o f / _ —/ 1 1 z ; _ I s EXISTING -- F' i 1 MINI-WAREHOUSE r M r f I BUILDINGS 15 \FaJek`, / FRONT •FACADES TO BE REMODELED - iIIL f 2Q 89655V02" E1 0 — — .� 32.29' • , 301- 1 ---5,/ / _______. 5E6vr2- SEGO 12CP --� , ,I �cc w/ l�GG5 C-lA'(Es - • 3 . ��, Get. V r - I 3_p' ;.. � i ' \ 1 - . portion oI the Incilteuvci ui V LULU LUG alley is paved. used as small car parking with eighty percent (80%) of that total being grouped and designated for that use. (g) When off-street parking facilities are provided in excess of minimum amounts herein specified, or when off-street parking facilities are provided, but not required by this chapter, said off-street parking facilities shall comply with the minimum requirements for parking and maneuvering space herein specified. f 4. Paving. Standards: Unless otherwise approved by the City Council, all parking lots shall be paved with concrete or asphalt material and designed according to City standards and specifications. The parking lanes must be clearly marked by approved paint, buttons or other material. 5. No parking area shall be designed or constructed which ends in a dead end, if more than three (3) parking spaced in depth, unless adequate turnaround space is provided. 6. All entrances or exits in a parking lot shall be a minimum of thirty (30) feet from the beginning point of any corner radius. ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO PD, PLANNED DEVELOPMENT DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. (a) That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of PD, Planned Development District Classification, said property being described in Exhibit "A" attached hereto and made a part hereof for all purposes. (b) The use of all property in such area being limited to and governed by the following conditions described in Exhibit "A" attached herto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 1999. By John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary