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02-26-2008 (City Council) Agenda Packet Wylie City Council CITY OF WYLIE NOTICE OF MEETING Regular Meeting Agenda February 26, 2008 — 6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North John Mondy Mayor M. G. "Red" Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Merrill Young Place 4 Rick White Place 5 Carter Porter Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen 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 from the Consent Agenda and will be considered separately. February 26,2008 Wylie City Council Regular Meeting Agenda Page 2 of 3 A. Consider, and act upon, approval of the Minutes from the February 12, 2008 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Ordinance No. 2008-09 approving a Specific Use Permit (SUP) for Auto Repair, Major Use on one lot on 0.648 acres (Regency Business Park Phase 1, Block B, Lot 1) generally located east of Regency Drive and south of Steel Road (101 Regency Drive) Zoning Case 2008-01. ZC 2008-01 (R. 011ie, Planning Director) C. Consider,and act upon, Resolution No. 2008-08(R) determining a public necessity to acquire, by purchase or condemnation, certain properties for the right-of-way for the construction of improvements to FM 1378. (C. Holsted, City Engineer) D. Consider, and act upon, Resolution No. 2008-09(R) authorizing the City Manager to enter into an Interlocal Agreement between the City of Wylie and North Central Texas Council of Governments for a Purchasing Agreement with The Dallas Morning News for a 12 month period for the purpose of classified advertising. (L. Fagerstrom, Human Resources Manager) E. Consider, and place on file, the Monthly Revenue and Expenditure Reports for the City of Wylie as of January 31,2008. (L. Williamson, Finance Director) F. Consider, and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of January 31, 2008. (S. Satterwhite, Executive Director, WEDC) REGULAR AGENDA General Business 1. Review, and place on file, the Wylie Police Department 2007 Annual Traffic Contact Report. (J. Duscio, Police Chief) Executive Summary Texas Senate Bill (SB 1074)requires police departments to collect traffic-related contact data and to report the contact data to their governing body every year, no later then March of the following year. The 2007 Wylie Police Department Annual Traffic Contact Report meets and exceeds all requirements of SB 1074. 2. Consider, and act upon, approval of a request from First Baptist Church of Wylie for Abandonment of that portion of Right-of-Way described as a 70 ft. ROW of Marble Street consisting of 0.7473 acres, a 70 ft. ROW of First Street consisting of 0.4821 acres, and an 80 ft. ROW of Second Street consisting of 0.1877 acres. (R. 011ie, Planning Director) Executive Summary The applicant, First Baptist Church of Wylie is requesting that the City of Wylie abandon portions of Marble Street, First Street, and Second Street to allow expansion of their current facility located at 100 North First Street. The portions of streets are depicted in Exhibit No. l are currently being used as public streets. The First Baptist Church is the sole property owner of all properties adjacent to subject public rights-of-way. February 26,2008 Wylie City Council Regular Meeting Agenda Page 3 of 3 3. Consider, and act upon, the acceptance of the resignation of John Onufreiczuk and the appointment of a new member to the Planning and Zoning Commission to fill the unexpired term of July 2006 to July 2008. (R. 011ie, Planning Director) Executive Summary John Onufreiczuk was appointed to the Planning and Zoning Commission in 2006. Mr. Onufreiczuk,who has served very faithfully on the Commission,has recently submitted his resignation from his appointment to the Planning and Zoning Commission effective February 6,2008. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article 111, Section 13-D. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 22"d day of February, 2008 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wvlietexas.gov. *lIUii,rrrr1i 7 (14 4 = -a —c Carole Ehr'ch,City Secretary _ t� _ Date Notice Removed • • /.0/ �i/'e Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, February 12, 2008 - 6:00 pm Wylie Municipal Complex- Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Red Byboth, Councilwoman Kathy Spillyards, Councilman Carter Porter, Councilman Rick White, Councilman Merrill Young, and Councilman David Goss. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; Police Chief, John Duscio; City Engineer, Chris Hoisted; Planning Director Renae' 011ie, Interim Building Director, Charles Lee; Construction Manager, Shane Colley; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Austin Byboth, Den #1 Bears-Cub Scout Pack 1049 gave the Invocation and members of Den #1 Cub Scout Pack 1049 led the Pledge of Allegiance. (Dan Barnhart, Cailin Stewart, Jordan Schwarz, Gavin Pugh and Austin Byboth; Den Leader, Brenda Byboth and Assistant Den Leader, Scott Stewart were in attendance) PRESENTATIONS • Proclamation for Severe Weather Awareness Week. (Captain S. Seddig, Fire Marshal) Mayor Mondy and Mayor Pro Tern Byboth presented Captain Steve Seddig, Wylie Fire Marshal; Jon Bodie, Radio Officer representing the Wylie RACES, and Bill Blanton, Volunteer Coordinator, representing CERT of Wylie a proclamation designating Severe Weather Awareness Week in the City of Wylie. Mr. Bodie explained that "Storm Ready" is a National Weather Service certification issued to communities demonstrating a verified level of emergency preparedness. Successful achievement of Storm Ready status is based upon several criteria specific to severe weather monitoring, community education, volunteer training & participation, public alerting capabilities Minutes— February 12, 2008 Wylie City Council Page 1 and a formalized severe weather plan of action within the city emergency operations plan. One important part of Storm Ready certification is the placement of automated weather alert radios in all city owned facilities offering public access. This includes the library, all public schools, school & city administration buildings, city & school maintenance facilities and stand-alone offices. He explained that due to a generous grant secured from the Wylie Wal-Mart, we were able to purchase and place over two dozen of these radios in each facility that lacked one. Mr. Bodie noted that the City of Wylie recently received official StormReady certification by the National Weather Service in a brief ceremony held during the Collin County SKYWARN training session on Saturday, January 26. Afterwards, National Weather Service - Ft Worth Meteorologist-In-Charge Bill Bunting made the following comment to City Manager Manson, Chief Corbin and myself: 'If all communities in Dallas-Ft Worth area approached StormReady certification in the manner in which the City of Wylie has, my job would be so much easier. You guys did a great job'." Mr. Bodie added that the "Storm Ready" certification by the City of Wylie could not have been achieved without significant support of volunteer organizations such as Collin County Amateur Radio Emergency Service (CCARES) and Wylie Radio Amateur Emergency Civil Service (RACES). He thanked the Wylie City Council and also Wylie Fire Rescue for embracing the efforts of volunteers like himself." CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. No citizens were present to address Council during Citizens Comments. 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 from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the January 22,2008 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2008-04(R) ordering a General Election to be held jointly with the Wylie Independent School District on May 10, 2008 for the purpose of electing a Mayor and two City Council members, Places 5 and 6, to the Wylie City Council to fill expired terms. (C. Ehrlich, City Secretary) C. Consider, and act upon, a Joint Election Contract between the City of Wylie and Wylie Independent School District (WISD); and a Joint Election Agreement to include Collin County Community College District to be administered by the Collin County Elections Administrator for the May 10, 2008 Wylie General Election. (C. Ehrlich, City Secretary) D. Consider, and act upon a release of escrowed funds, in the amount of$581,646.56, to the Wylie Independent School District (WISD) for the construction of Hensley Lane. (C. Holsted, City Engineer) Minutes— February 12, 2008 Wylie City Council Page 2 E. Consider, and act upon, authorizing the City Manager to enter into an agreement with AppliedTech Group for technology consulting services for telecommunications, data infrastructure, and security infrastructure and systems for the new Wylie Civic Center. (J. Butters, Assistant City Manager) F. Consider, and act upon, Ordinance No. 2008-04 for the annexation of a 0.1079 acre tract of land situated in the H. Maxwell Survey, Abstract No. 579, Collin County, Texas, generally located south of F.M. 544, west of Maxwell Creek Road, and adjacent to Woodbridge North Development. (R. 011ie, Planning Director) G. Consider, and act upon, Resolution No. 2008-05(R) authorizing the City Manager to enter into an Entertainment Agreement, in the amount of 70,000.00, with Stewart Schwensen Productions for entertainment/staging for the 2008 Summer Concerts and Wylie Independence Day Fireworks Celebration. (R. Diaz, Superintendent, Parks and Recreation) H. Consider, and act upon, a Preliminary Plat creating seventeen (17) commercial lots on 64.69 acres, generally located south of FM 544 between McCreary Road and Springwell Parkway. (R. 011ie, Planning Director) Mayor Pro Tern Byboth requested Item #E be pulled from the Consent Agenda for further discussion and consideration. Council Action A motion was made by Councilman Young, seconded by Councilman White to approve Items A, B, C, D, F, G, and H of the Consent Agenda as presented and to pull Item #E for individual consideration. A vote was taken and passed 7-0. REGULAR AGENDA E. Consider, and act upon, authorizing the City Manager to enter into an agreement with AppliedTech Group for technology consulting services for telecommunications, data infrastructure, and security infrastructure and systems for the new Wylie Civic Center. (J. Butters, Assistant City Manager) Staff Comments Assistant City Manager Butters addressed Council stating that AppliedTech Group was recommended by Architexas as a consulting firm to complete the design for telecommunications, data infrastructure, and security infrastructure and systems for the Wylie Civic Center. AppliedTech Group has submitted a proposal for these services. He reported that references of other cities that AppliedTech Group has consulted for were checked by Shone Doville, IT Supervisor; Shane Colley, Construction Project Manger; and I and we received nothing but outstanding reviews. He reported that Staff had met with AppliedTech Group and all of us were extremely impressed. He reported that the collective recommendation is that the City contract with AppliedTech Group for the listed services for the new buildings. Staff/Council Discussion Mayor Mondy asked Assistant City Manager Butters how much AppliedTech Group was charging for their consulting services. Assistant City Manager Butters replied that the cost was $95,300.00. Mayor Mondy asked Assistant City Manager Butters why this particular service was not being sent through the bidding Minutes— February 12, 2008 Wylie City Council Page 3 process. Assistant City Manager Butters explained that due to the escalation of the design process for the new buildings, there was not enough time to go out to bid and have the documents ready to be included with the design construction documents. He explained that Architexas had reviewed estimated consulting costs to complete the technology phase and AppliedTech Group was within those estimates and came very highly recommended by many sources. Mayor Mondy asked if this agreement included overseeing the actual installation of the systems. Assistant City Manager Butters replied that it did. Mayor Mondy asked how long it would take to postpone action and go out to bid. Assistant City Manager Butters explained that the design of the buildings was very close to completion by the architects and the City would have to ask them to stop the design process in order to take the consulting for telecommunications out for bid. City Manager Manson reported that the City was intending to complete a long range plan for technology and suggested moving forward with the proposed consulting services for the new buildings and then go out for bid for the long range plan. Mayor Pro Tem Byboth asked if anyone had been contacted locally to provide a bid. Assistant City Manager Butters replied that he would be skeptical; "with the scope of this project and the security involved, I believe AppliedTech, with twelve consultants on-board, that have completed major projects for companies and universities, would be the best option". Mayor Mondy stated that he was concerned with the stepped up timelines and stated that he wanted to "scrub" the timeline to make sure everyone was in sync and each department signed off on those timelines and items requested; "so these types of cracks don't happen in the future". Councilman Porter asked if the City had any recourse in the contract in regards to the completion date, to insure it was completed in time for the final design. Assistant City Manager Butters replied that AppliedTech had just completed several projects and were designating all their staff to the City project to insure it was completed on time. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman White to authorize the City Manager to enter into an agreement with AppliedTech Group for technology consulting services for telecommunications, data infrastructure, and security infrastructure and systems for the new Wylie Civic Center. A vote was taken and passed 7-0. Public Hearings 1. Hold a Public Hearing and consider, and act upon, Zoning Case 2008-01, regarding a request for a Specific Use Permit (SUP) for an Auto Repair, Major use on one lot on 0.648 acres (Regency Business Park Phase I, Block B, Lot 1) generally located east of Regency Drive and south of Steel Road (101 Regency Drive). (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the subject property is located within the Regency Industrial district at the southeast corner of Regency Drive and Steel Road (101 Regency Drive) and totals 0.648 acres. The property is currently zoned Light Industrial and has been used for miscellaneous light & heavy industrial uses, including salvage yard, contract construction and open storage uses. An 800 sq. ft. metal building occupies the southern region of the property along with a fenced open storage area towards the rear. She explained that Light Industrial districts are intended to provide for less- intensive assembly, warehousing and distribution of products from previously prepared materials and parts. The primary focus should be industrial and commercial uses that serve regional, state and national markets. The applicant proposes an automotive paint and body repair facility, which is designated/defined as an Automotive Repair, Major use by the Zoning Ordinance. Auto Repair, Major use is defined as a facility used for maintenance, repair, and restoration or rebuilding of vehicles under 6,000 pound gross vehicle weight. She explained that this includes engine rebuilding, body work and painting. Minutes— February 12, 2008 Wylie City Council Page 4 Planning Director 011ie stated that the City Council voted to amend the Zoning Ordinance to allow Automotive Repair, Major uses within the Light Industrial zoning district by Specific Use Permit(SUP). An SUP provides a means of oversight and evaluation by the Commission and City Council of certain uses as to its probable effects upon adjacent properties and the community's welfare by assuring appropriateness and compatibility with surrounding land uses. She explained that the proposed redevelopment of the property shall be in compliance with current nonresidential design requirements including exterior building material, site and landscape designs. In addition, the applicant has committed to prohibiting any outdoor open storage of inoperable vehicles including miscellaneous automotive parts. If approved, this commitment is made a part of the SUP Conditions. Planning Director 011ie reported that twelve notifications were mailed, with five (5) written responses returned favoring the request and two (2) responses opposing the request. The Planning & Zoning Commission voted 6-1 to recommend approval of this Zoning Case (2008-01). Mayor Mondy asked Planning Director 011ie what the opposition was to the zoning application. Ms. 011ie reported one P&Z Commissioner voted in opposition, voicing concerns regarding the proximity to the proposed retail site at the southeast corner of FM 544 and McCreary Road. Other comments made were the number of existing automotive repair facilities in the immediate area. It was further discussed and determined that the adjacent facilities surrounding the subject property had a different clientele than what was being proposed for this site. She reported that the proposed major automotive repair facility will not be in competition with the surrounding existing facilities and is by appointment only. The planned facility will have as its client base two major insurance companies, which will refer customers to the facility. There will not be drop-offs or walk-ins, unless an appointment has been made. Mayor Mondy asked Planning Director 011ie if Mr. Herzog, had spoken at the Planning and Zoning meeting. Planning Director 011ie reported that she had been in contact with Mr. Herzog and he had some concerns regarding the zoning case but after seeing the building design and hearing there would be no outside storage, he was in favor of the zoning change and communicated that at the Planning and Zoning meeting. Public Hearing Mayor Mondy opened the Public Hearing at 6:15 p.m. for Zoning Case 2008-01, asking anyone present wishing to speak on the item to come forward, state their name and address, and keep their comments to 3 minutes. Paul Mann property owner at 112 Regency Park, Wylie addressed Council speaking in favor of the SUP for Auto Repair Major, (Zoning Case 2008-01). He stated that he owned the property across from the proposed zoning and felt that the property in question was the gateway to Regency Park. He explained that it had been undeveloped for many years and he was very much in favor of the improvements this zoning case would provide. Mayor Mondy closed the Public Hearing at 6:18 p.m. Council Action A motion was made by Councilman Porter, seconded by Councilman White to approve Zoning Case 2008-01, regarding a request for a Specific Use Permit (SUP) for an Auto Repair, Major use on one lot on 0.648 acres (Regency Business Park Phase I, Block B, Lot 1) generally located east of Regency Drive and south of Steel Road (101 Regency Drive). A vote was taken and passed 7-0. 2. Hold a Public Hearing and consider, and act upon, Ordinance No. 2008-05 adopting the Standards of Care for Youth Programs. (R. Diaz, Superintendent, Parks and Recreation) Minutes— February 12, 2008 Wylie City Council Page 5 Staff Comments Assistant Parks Superintendent Robert Diaz addressed Council stating that pursuant to state law, the City of Wylie has adopted Standards of Care for Youth Programs since the inception of the summer youth programs in 2000. The process includes the annual review of standards, a public hearing, and adoption of an ordinance in order to comply with Texas Senate Bill 212, Human Resource Code, Section 42.041 (b) (14). Public Hearing Mayor Mondy opened the Public Hearing at 6:30 p.m. asking anyone present wishing to speak on the item to come forward, state their name and address, and keep their comments to 3 minutes. No citizens were present to address Council during the public hearing for the Adoption of Standards of Care for Youth Programs. Mayor Mondy closed the Public Hearing at 6:30 p.m. Council Action A motion was made by Councilman Young, seconded by Councilman Porter to approve Ordinance No. 2008-05 adopting the Standards of Care for Youth Programs, 2008. A vote was taken and passed 7-0. General Business 3. Consider, and act upon, Ordinance No. 2008-06 amending Ordinance No. 2007-29 (2007-2008 Budget) and approving an appropriation of funds in the amount of $212,073.03 for the revised final statement of cost for the extension of SH 78 from Eubanks to Spring Creek. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that on September 24, 2002, Council approved a Master Advance Funding Agreement(MAFA)with TxDOT for the extension of SH 78 from Eubanks Ln. to Spring Creek Parkway. Also, a Local Project Advance Funding Agreement (LPAFA) was approved on June 8, 2004 for the project. The MAFA contains statewide contract standards generally agreeable to all cities and the LPAFA contains project specific provisions. The SH 78 extension project was completed by Site Concrete and accepted by TxDOT in 2006. In April of 2007 TxDOT completed the final audit of the project and requested an additional $248,478.15 from the City of Wylie per the terms of the LPAFA. Staff objected to the calculation of the mobilization as a percentage of the total cost of the project. Mr. Hoisted explained that the requested funds had been under discussion between himself and TxDOT for several months. He reported that the original bill was $248,478.15 with no backup information. He reported that After requesting and reviewing the documentation, he was able to lower that amount to $212,073.03. The additional costs were due to change orders during the lane construction on SH 78. Council Action A motion was made by Councilman Young, seconded by Councilman White to approve Ordinance No. 2008-06 amending Ordinance No. 2007-29 (2007-2008 Budget) and approving an appropriation of funds in the amount of$212,073.03 for the revised final statement of cost for the extension of SH 78 from Eubanks to Spring Creek. A vote was taken and passed 7-0. Minutes— February 12, 2008 Wylie City Council Page 6 4. Consider, and act upon, Resolution No. 2008-06(R) authorizing the City Manager to enter into an Interlocal Agreement with the North Texas Municipal Water District for the relocation of approximately 3,400 feet of 14-inch water pipeline along FM 1378. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the North Texas Municipal Water District (NTMWD) operates a 14-inch water pipeline generally located along the west side of FM 1378 from FM 544 to Brown Street. He explained that the existing pipeline will be in conflict with the proposed City facilities as well as portions of the future reconstruction of FM 1378. The water line must be constructed and in service prior to the start of construction of the new municipal buildings. He reported that the proposed agreement specifies that the City provide an easement for the relocated water line as well as reimburse the district for the project cost. He noted that in conversations with the County, the County has agreed to reimburse for this expense. NTMWD has already approved this agreement, contingent upon City Council approval. Council Discussion Mayor Mondy asked City Engineer Hoisted how much the cost was for the project. City Engineer Holsted reported that the total cost was $434,900. Mayor Mondy asked what would happen if the City did not approve the agreement. Mr. Hoisted replied that it would delay the construction of the facilities. Councilman Young asked if any upgrades needed to be added to this agreement. City Engineer Hoisted replied that some discussion had taken place regarding abandoning the line completely, but the water district felt they needed the line for emergencies and to supply water to the City of Plano. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Goss to approve Resolution No. 2008-06(R) authorizing the City Manager to enter into an Interlocal Agreement with the North Texas Municipal Water District for the relocation of approximately 3,400 feet of 14-inch water pipeline along FM 1378. A vote was taken and passed 7-0. 5. Consider, and act upon, an Engineering Services Agreement, in the amount of $62,000.00, with Halff Associates, Inc. for the design of the FM 1378 detour. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the location of the new City facilities is proposed to be just east of the future alignment of FM 1378 and on the existing alignment of the roadway as shown on the site plan. The construction of the new City facilities is scheduled to begin in August 2008 which is prior to the construction of FM 1378; therefore, a temporary detour is necessary to allow the construction of all three buildings to start at the same time. Council Discussion Mayor Mondy asked Mr. Hoisted if this design had anything to do with the design of the buildings or the realignment of FM 1378. Mr. Hoisted replied that it had to do with the construction of all three municipal buildings and designing a detour around the buildings prior to the re-alignment by the County of FM 1378. Mayor Pro Tern Byboth asked City Engineer Hoisted if any portion of the detour lanes could be used in the design of the buildings for permanent roads. Mr. Hoisted replied there was a small portion that may be used in the future but the majority of the funding would be for temporary purposes. Mayor Mondy asked if this detour was not approved would it stop the construction of the new municipal facilities. City Engineer Hoisted replied that it would. Mayor Mondy stated that if that is correct and the Minutes— February 12, 2008 Wylie City Council Page 7 architects/construction manager's estimates were correct, that would cost the City approximately$60,000. per month in additional construction costs. City Manager Manson stated that if the City started construction as scheduled this summer no additional construction costs would be incurred. She reported that in conversations with Raymond Delgado there was not a problem with using County funding for the detour, but realistically, we know that the project is under funded to the tune of $5 million dollars. She explained that the County has not determined if they will go into reserve funds to pick up the under funded amounts. Councilman Porter reported that after speaking to staff, the cost of the design is the $62,000 which is fine, but to build the actual detour road will be an additional $500,000. He asked City Manager Manson if the tear out of the existing road was included in the $500,000 estimate. City Manager Manson reported that it was not included. Councilman Porter commented that the cost would be at least $500,000 for an approximate two year detour, which would compute to $20,000 per month. Mayor Mondy replied that these are some choices that will need to be made in the near future. City Manager Manson noted that the City had no idea how long it would be until the County would be ready to begin the realignment and additional lanes for FM 1378. City Manager Manson reported that it would be at least 18 months minimum to start construction of FM 1378 if the County decided to start tomorrow. She explained that the only other options were to move the buildings or wait. "If we postpone City Hall there would still be some small detour needed." Councilman Porter asked if the buildings could be relocated. City Manager Manson replied that because of the terrain, it was not possible to move without a large amount of additional dirt work. Councilman Porter asked if the dirt work would be less than the $500,000. Mayor Mondy replied that it would be considerably more. He commented that If you spend $500,000, in my option, it would be less costly than postponing the construction of the buildings. Councilman Porter stated that he was asked by citizens about the temporary road and related costs and felt compelled to ask the question. City Manager Manson reported that there may be some use for some of the temporary road once the buildings were constructed. City Engineer Hoisted reported that this design, if approved, would provide the best cost for the minimal amount of road required. Councilman Porter reported that he wanted the citizens to know that this issue had been considered and there were reasons behind building the temporary road in relation to the amount of cost to delay the construction of the buildings and additional costs incurred. Councilman Young commented that there will be some very heavy traffic on this temporary road. City Engineer Hoisted replied that part of the design will be to construct a road that will withstand the heavy traffic for a long time. City Manager Manson noted that the City had no idea how long the temporary road would have to suffice until the realignment was completed. City Engineer Hoisted reported that he knew of temporary roads going on 20 years. He explained the design phase would take around 30-60 days which will give Council time to consider the road. He commented that his recommendation would be to approve and begin the design so to complete in a timeframe with the construction schedule. Councilman Goss asked that the use of the temporary road be considered for the fire lane or some other use. Councilman Porter asked that the road be considered in the parks design as well. City Manager Manson replied that a revised Parks Master Plan was being considered and this could be considered within that design. Council Action A motion was made by Councilman Porter, seconded by Councilman White to approve an Engineering Services Agreement in the amount of $62,000 with Half Associates, Inc. for the design of the FM 1378 detour. A vote was taken and passed 7-0. 6. Consider, and act upon, Resolution No. 2008-07(R) recommending a project funding schedule for the 2007 Collin County Bond Projects. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the voters of Collin County approved the 2007 Collin County Bond Program in November 2007 which included five street projects in the City of Wylie. Collin County has asked Cities to submit a project funding schedule identifying the funds needed for each project over the next five years. The County expects to sell bonds yearly with the first issuance being in the first quarter of this year. City Engineer Hoisted reviewed with Council the items requested and Minutes— February 12, 2008 Wylie City Council Page 8 corresponding timelines. The projects include FM 1378 to Ballard Avenue; McMillen Road from McCreary Road to FM 1378; Stone Road from Akin Lane to County Line Road; Ballard Avenue from Alanis to County Line Road; and right-of-way acquisition for Park Blvd. from Parker Road to Spring Creek Parkway. Council Action A motion was made by Councilman White, seconded by Mayor Pro Tern Byboth to approve Resolution No. 2008-07(R) recommending a project funding schedule for the 2007 Collin County Bond Projects. A vote was taken and passed 7-0. 7. Consider, and act upon, Ordinance No. 2008-07 approving the petition of Oncor Electric Delivery Company LLC to modify its lighting service tariff pursuant to the Energy Policy Act of 2005. (M. Manson, City Manager) Staff Comments City Manager Manson addressed Council stating that Oncor Electric Delivery recently provided notice that on December 11, 2007, a tariff revision was filed with the Public Utility Commission to close new mercury vapor street light installations and implement a plan to replace mercury vapor fixtures when the fixture and/or ballast must be changed. The PUC has since approved this tariff and Oncor is now seeking approval of the proposed tariff from cities that have retained their original jurisdiction. Representative/Council Discussion Bill Harper, representing Oncor Electric Delivery Company LLC was on hand to answer questions for Council. He reported that the mercury street lights would be replaced as they fail, not all changed at one time. Mayor Mondy asked if the process would start immediately. Mr. Harper replied that it would start in March of 2008. He explained that each type of light outage has different lead time for replacement. Mr. Harper reported that the lamps would be more yellow in color as the replacements go in and would save in energy efficiency. The use of high pressure sodium light replacement would save up to 40-50% in electricity costs and would allow Oncor to build fewer power plants. Council Action A motion was made by Councilman Porter, seconded by Mayor Pro Tern Byboth to approve Ordinance No. 2008-07 approving the petition of Oncor Electric Delivery Company, LLC so to modify its lighting service tariff pursuant to the Energy Policy Act of 2005. A vote was taken and passed 7-0. 8. Consider, and act upon, Ordinance No. 2008-08 endorsing the Settlement Agreement between ACSC and Atmos regarding the Company's Statement of Intent to increase rates and to approve tariffs that implement the terms of the Settlement Agreement. (M. Manson, City Manager) Staff Comments City Manager Manson addressed Council stating that the City, along with 150 other cities served by Atmos Energy Mid-Tex Division ("Atmos" or "Company"), were members of the Atmos Cities Steering Committee ("ACSC"). Since October 2007, ACSC members have worked diligently with Atmos representatives to explore options to address Atmos' latest request to increase rates by $52 million and to resolve other outstanding issues. The ordinance and tariffs (Attachment B to the Ordinance) reflect the agreement reached between ACSC and Atmos Mid-Tex to reduce Atmos' requested increase by more than 80 percent ($10 million) and ensure that the Company is able to provide safe and reliable natural gas service. The Settlement Agreement (Attachment A to the Ordinance) also provides rate certainty for customers by resolving outstanding appeals, creates a new process for expedited rate review by the Minutes—February 12, 2008 Wylie City Council Page 9 cities, eliminates piecemeal ratemaking, reimburses ACSC for rate case expenses associated with the GRIP surcharge cases, and avoids the necessity of costly litigation. The ACSC Executive Committee recommends that ACSC members approve the Settlement Agreement. City Manager Manson reported that this is the 7th increase request the City has received since 2004. She explained that this agreement will control timeframes for future rate increase requests in the future. Council Discussion Councilman Goss asked if by approving this Ordinance the City was giving Atmos another increase to build more infrastructures to get more customers to get more money. City Manager Manson replied that utilities initiate rate increase to compensate for the increase in costs to operate. Part of this agreement will allow only for annual requests for increase in rates that can be carefully scrutinized for accuracy. She explained that part of what the steering committee has accomplished was to look carefully at the costs requested and throw out those costs that did not pertain; making the increases much less. Mayor Mondy stated that part of deregulation of utilities left no one watching over the costs associated with true infrastructure and those requested for other items. Councilman Goss stated that the only thing he could see of benefit to the City with the agreement was that Atmos was held to one increase per year. City Manager Manson stated that rate increases will forever be an issue, but the steering committee has allowed for much lower increases than initially requested by Atmos. Council Action A motion was made by Mayor Mondy, seconded by Councilman Porter to approve Ordinance No. 2008-08 endorsing the Settlement Agreement between ACSC and Atmos regarding the Company's Statement of Intent to increase rates and to approve tariffs that implement the terms of the Settlement Agreement. A vote was taken and passed 5-2 with Mayor Mondy, Mayor Pro Tem Byboth, Councilman Porter, Councilwoman Spillyards, and Councilman White voting for and Councilman Goss and Councilman Young voting against. 9. Discussion regarding an amendment to Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance), Section 1.00 (Water and Sewer Rates and Fees, Subsection 1.03 (Sewer Collection and Treatment Rates); providing for repealing, savings and severability clauses; providing for an effective date of the ordinance and providing for the publication of the caption of this ordinance. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that three years ago the City's Utility Billing Department had 5 separate water routes. Each route had its own billing, collection and cutoff cycle. If there was a problem with one cycle, the other cycles would get pushed back. As a consequence, customers would get a bill that covered 4 weeks one month and 6 weeks the next month. This would prompt calls from customers wanting to know why their water and sewer bill amounts had changed so much. This was not good for customer service and it added greatly to the phone call traffic received in Utility Billing. Finance Director Williamson explained that with the introduction of the radio read meters, the time it takes to read meters dropped from three weeks to 4 days. The radio read meters have eliminated the need to hand input meter readings into the Incode system for City of Wylie water customers. This has allowed the City to go to a single route for the entire city and created time between reading, collections and cut-offs to work out problems without altering the monthly billing schedule. The whole city gets read at one time, all bills go out at the same time each month and bills are due the same time each month. These changes have provided marked improvement in customer service and at the same time reduced the work load, allowing more time to deal with customer's issues. He noted that this new system would be ideal if the City was the only water provider. He explained that since the current sewer fees are based on water consumption, the city must get water meter readings from both East Fork and Wylie Northeast in order to Minutes— February 12, 2008 Wylie City Council Page 10 bill the sewer portion of the City's utility bill, for those customers This has been problematic over the years because East Fork and Wylie Northeast do not read their meters at the same time as we do. This creates a situation where the City is dependent on these water supply companies for timely utility bills. He explained that additionally, these meter readings from Wylie Northeast and East Fork have to be inputted into our system by hand, unlike our own customers where everything is done electronically. With the large growth in new customers in East Fork, the problems and work load continue to grow. Many times we do not get information on new customers or customers who have left the East Fork or Wylie Northeast systems until long after the fact, creating more billing and collection problems. Numerous efforts to remedy this situation have been made. We tried to negotiate an agreement with Wylie Northeast for timely water meter readings and an agreement from them to cut off water if a customer did not pay our sewer bill. The City was unable to get their board's approval. At this point, Wylie Northeast started charging us for the meter readings. We currently pay about $4,300 per year for this information from Wylie Northeast. He reported that the City then asked and received permission from the water supply companies to allow our meter readers to read East Fork and Wylie Northeast meters of our sewer customers. This worked well for keeping our billing cycle on schedule, but created confusion for the customers because our sewer bill water consumption did not match the water consumption the customers received on their bills from East Fork and Wylie Northeast. Mr. Williamson stated that it was the Finance Department's opinion that the only viable solution to this problem is to go to a flat rate for sewer customers that receive their water from East Fork and Wylie Northeast. He explained that this is not a new precedent; in fact, the City of Heath uses a flat sewer charge for all their customers precisely for the same reasons. Mr. Williamson reported that from a business perspective, the advantages of this solution are three-fold. First, it would give the City total control over the services that we provide our water and sewer customers. Second, it would eliminate the hand entry of water meter readings from these two water supply companies and third, it would eliminate customer confusion that the current system generates. He reported that a flat fee would include both residential and one business customer. It would affect about 1,340 customers in East Fork and 339 customers in Wylie Northeast. The current average sewer bill in these areas is $25.00 per month, with the minimum at $15.00 and the maximum at $37.82. We are requesting approval to amend the existing ordinance to allow a flat sewer charge of $25.00-$26.00 for those persons living in areas where the water is supplied by either Wylie Northeast or East Fork water supply corporations. This rate should be incrementally raised over a number of years to $30.00 to shore up the revenues on the sewer side of the Utility Fund. Council/Staff Discussion Mayor Mondy asked Finance Director Williamson why the City did not require the water district to bill for both sewer and water. Mr. Williamson replied that East Fork did not have the staff to service the billing process for both water and sewer. City Manager Manson commented that a flat rate sewer bill would allow the customers to know what their sewer bill would be every month. Mayor Mondy asked why the City would not provide a flat rate to all City utility customers. Mr. Williamson replied that from his perspective, based on water and sewer consumption, it would be beneficial to the City to initiate a flat sewer rate. He noted that last year with the tremendous amount of rain, water consumption was down considerably which caused sewer charges to be down as well, based on water consumption. Yet the City paid fixed rates for water to the North Texas Municipal Water District which is fixed at the beginning of the year. He reported that last year the City lost $700,000 in sewer costs due to large amounts of rain and reductions in water utilization. Mayor Mondy clarified that the City did not loose money but did not generate the revenue but paid the set cost of water to the NTMWD. Councilman Goss stated that he was concerned with the overuse of water with a flat rate. Mr. Williamson explained that sewer based water consumption was capped at the $37.82. No additional fees are assessed over that maximum amount and therefore have no direct impact on excessive water consumption. Mayor Pro Tem Byboth stated that he would like to see the City go to a flat sewer rate across the board to all customers. Direction from Council regarding an amendment to Ordinance No. 98-16 (Consolidated Fees) Section 1.00 (Water and Sewer Rates, Subsection 1.03 (Sewer Collection and Treatment Minutes— February 12, 2008 Wylie City Council Page 11 Rates) was for Finance to calculate the revenues and expenditures and supply a comparison with regard to placing a flat rate for sewer for all sewer customers versus East Fork and Wylie Northeast customers only and report back to Council. No action was taken on this item. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. City Secretary Carole Ehrlich read the captions to Ordinances No.'s 2008-04, 2008-05, 2008-06, 2008-07 and 2008-08 into the official records. Mayor Mondy convened into Executive Session at 7:39 p.m. citing Section 551.072 to deliberate the purchase, exchange, lease to purchase Right of Way for FM 1378. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§551.072 To deliberate the purchase, exchange, lease or value of real property generally located at: • Purchase of Right-Of-Way for F.M. 1378 Mayor Mondy reconvened into Open Session at 8:15 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Goss to increase the amount of funds for the acquisition of Right of Way for FM 1378, not to exceed $251,000; from the current $231,000. A vote was taken and passed 7-0. ADJOURNMENT Council Action With no further business before Council, Mayor Mondy adjourned the meeting at 8:18 p.m. Consensus of Council was to adjourn. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes— February 12, 2008 Wylie City Council Page 12 7A1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: February 26, 2008 Item Number: B (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: February 13, 2008 Budgeted Amount: Exhibits: Ordinance with Exhibits Subject Consider, and act upon, Ordinance No. 2008-09 approving a Specific Use Permit (SUP) for Auto Repair, Major Use on one lot on 0.648 acres (Regency Business Park Phase I, Block B, Lot 1) generally located east of Regency Drive and south of Steel Road (101 Regency Drive). ZC 2008-01 Recommendation Motion to approve Ordinance No. 2008-09, Zoning Case 2008-01 amending the zoning from Light Industrial (LI) to Light Industrial with a Specific Use Permit (LI-SUP) for an Auto Repair, Major use at Regency Business Park Phase I, Block B, Lot 1 (101 Regency Drive), generally located east of Regency Drive and south of Steel Road. Discussion Owner: Mr. Wala Hameed Applicant: Mr. Wala Hameed, (Wallace Collision Center) Zoning Case 2008-01 requires an Ordinance to amend the zoning accordingly in the Official Zoning Map of the City; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. 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. Approved By Initial Date Department Director RO/` 02/13/08 c7 City Manager a1V c?J l 'o0 Page 1 of 1 ORDINANCE NO. 2008-09 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 2008-01, TO LIGHT INDUTRIAL WITH A SPECIFIC USE PERMIT (LI-SUP) FOR AN AUTO REPAIR, MAJOR USE; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; 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: 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 Light Industrial with a Specific Use Permit (LI-SUP) to allow for an Auto Repair, Major use , said property being described in Exhibit "A", (Site Plan) and Exhibit "B" Ordinance Restrictions attached hereto 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 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. Ordinance No.2008-09 Zoning Case 2008-01 Approving a SUP(LI-SUP) Regency Business Park 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 26th day of February, 2008. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The Wylie News—March 5,2008 Ordinance No.2008-09 Zoning Case 2008-01 Approving a SUP(LI-SUP) Regency Business Park I LI— ZONING REGENCY FLEET CITY SERVICES 0 REPAIR h COLLISION REPAR FOR Q FLEET&CITY VEHICLES \\\— Steel Road (L•ROW) (R.O.w.TO BE DEDICATED BY SEPARATE INSTRUMENT) NOiE: IRON SLIDING GATE NO OUTDOOR OPEN STORAUSSE PERMITTED 0 1 1 D.88 StORPGE OF INOPERABLE VEHICLES ON WHEN A!'lALUILY NECESSARYNECESSARY^ ._. tWITffIN ALIMITED TIME FRAME. ,TO� ONO'WILL WORK WITH EMSIEEERIN6 DEPT.FOR FIXTURE RDA DEDICATIONS 1 O FOR STEEL ROAD Q RE6ENLY DRIVE. 30'B.L. .. - _ _ SITE PLAN SUMMARY t� A v.. ZONING=U,(UGHT INDUSTRIAL) IF. LOT SI2E= .648 ACRES(28,20673 SQ.FT.) J i TOTAL BUILDING AREA=12,947 SOFT. • -wg LI—ZONING LOT COVERAGE-45.9% $¢ EMPTY BUILDING BUILDING HEMS=BUILDING 1=24'-7-MAX.HT., BUILDING 2=23'-9'MAX.HT. LI—ZONING I I. IIII A NO BUSINESS IXI511NC PARKING CALCULATORS: EMPTY BUILDING �' REQUIRED PARKING=1 SPACE PER 300 SQ.FT.OF'OFFICE AREA'PLUS 1 ADDITION SPACE NO BUSINESS EXISTING -2WTI., I .{ BUILDING-1 .., FOR EACH SERVICE BAY. 1 VI 3,733 SOFT. TOTAL'OFFICE AREA'WITHIN THE BUILDINGS=1,400 SO LT.=5 REQUIRED SPACES L w O I He i SPACEgNG TOTAL NUMBER OF SERVICE BAYS=7 TOTAL NUMBER OF PARKING SPACES REQUIRED=12 U O Z: `IN i Ni e 1 TOTAL NUMBER OF PARKING SPACES PROVIDED=15 (INCLUDES 2 HANDICAP SPACES) V U , H �g AU PARKING SPACE DIMENSIONS ARE 10'WADE X 20'DEEP(200 SQ.YE) 5 ` 3i3i 0,o __ - RmrAo r�io, G�SEFu w IDE u 8 IRON 24' WIDE FIRE LANE • .+ GATE LI—ZONING _ F. �P�A.� ..n O. -"- LONE STAR GRANITE GRANNE COUNTER TOP ' ,EXISTING FABRICATION - 1-STORY I i II,' BRI6K�BLOC. BUILDING-2 ! 8,214 3G.FT. ';DE 1R« ZONING EXHIBIT"A" I 1 ;�'" ZC 2008-01 LI—ZONING A k POOL REPAIR SERVICE 125.88 UW U SUP REQUEST TOI BE REMOVED uT LI—ZONING Regency Business Park CHIROPRACTOR&AUTO REPAIR PHASE 1, BLOCK-8, LOT-1, 1 SITE PLAN .uMb ..WWI Wallace Collision Center RDGS-Architects 101 REGENCY PARK DRIVE 239 WEST PECAN STREET 0WNE,TEXAS 75058 CEUNA,TEXAS 75009 DATE: 1-9-08 EXHIBIT "B" ORDINANCE RESTRICTIONS ZC2008-01 The Provisions of this Specific Use Permit limits are as follows: • No outdoor open storage of inoperable vehicles. • No outdoor open storage of miscellaneous automotive parts. • All repairs, maintenance and restoration of vehicles to be performed wholly within an enclosed building. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: February 26, 2008 Item Number: C Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: February 18, 2008 Budgeted Amount: Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2008-08(R) determining a public necessity to acquire, by purchase or condemnation, certain properties for the right-of-way for the construction of improvements to FM 1378. Recommendation Motion to approve Resolution No. 2008-08(R) determining a public necessity to acquire, by purchase or condemnation, certain properties for the right-of-way for the construction of improvements to FM 1378. Discussion Right-of-way acquisition for FM 1378 from Brown Street to Parker Road was authorized by Council on May 22, 2007. Twenty one parcels were identified for the project and all but four have been acquired. Approval of the Resolution authorizes the City Manager to proceed with the acquisition of the remaining parcels by purchase or condemnation. Approved By Initial Date Department Director CH 12/21/07 City Manager '1 a a I K Page 1 of 1 RESOLUTION NO. 2008-08(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE, BY PURCHASE OR CONDEMNATION, CERTAIN PROPERTIES FOR THE RIGHT-OF-WAY AND/OR RELATED EASEMENTS FOR THE CONSTRUCTION OF AND/OR IMPROVEMENTS TO FM 1378; GIVING NOTICE OF AN OFFICIAL DETERMINATION TO ACQUIRE PROPERTIES FOR RIGHT-OF-WAY AND/OR RELATED EASEMENTS FOR THE FM 1378 PROJECT; AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS TO ESTABLISH PROCEDURES FOR ACQUIRING THE PROPERTIES, BY PURCHASE OR CONDEMNATION; APPROPRIATING FUNDS; MAKING OFFERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council"), investigated and determined that there is a public necessity for, and the public welfare and convenience will be served by, the acquisition, of right-of-way and/or related easements on each of the parcels of properties described in Exhibits "A" through "D", attached hereto and made a part of this Resolution for all purposes (the "Properties"), and it is the City of Wylie, Texas' ("Wylie") intent to acquire, by purchase or condemnation, the necessary right-of-way and/or easements on the Properties for the purpose of, among other things, the construction, access, repair and maintenance of public facilities, specifically, the right-of-way and/or related easements for the construction of and/or improvements to FM 1378 (hereinafter referred to as the "Project") for the purposes of, among other things, paving and drainage improvements. WHEREAS, it is necessary to establish procedures for determining the establishment and approval of just compensation for the right-of-way to be acquired for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2: Acquisition of Property. The City Council hereby officially determines that there is a public necessity for, and the public welfare and convenience will be served by, the Resolution No.2008-08(R) Determining a Public Necessity to Acquire By Purchase or Condemnation Certain Properties Related to FM 1378 Project Page 1 509203-1 acquisition of the Properties, and it is Wylie's intent to acquire, by purchase or condemnation, the Properties described in Exhibits "A"through "D" attached hereto, for the Project. SECTION 3: Authority of the City Manager. The City Manager is hereby authorized to contract, on behalf of the City Council, with professional appraisers for appraisal services and with attorneys for preparation of title opinions needed by Wylie from time to time in connection with acquiring the Properties for the Project. The City Council hereby ratifies any contracts entered into, prior to the effective date of this Resolution, by the City Manager with professional appraisers for appraisal services and with attorneys for preparation of title opinions needed for the acquisition of the Properties made the subject of this Resolution. SECTION 4: Determination of Just Compensation. The City Manager, or her designee, is hereby authorized and directed to examine and rely on the independent appraisal reports, and other information, in establishing and approving the fair market value offer and the just compensation for said right-of-way and/or easements. After consideration of said information, the City Manager shall establish and approve the amount determined to be just compensation for acquisition of the right-of-way and/or easements. SECTION 5: Authority to Make an Offer. Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition of the Properties, the City Manager, or her designee, is authorized to send a written offer to the owner(s) of said Properties, along with a copy of the Landowner's Bill of Rights, for acquisition of said right-of-way and/or easements at the full amount determined and established to be just compensation for each parcel, and to negotiate with said owner(s) on behalf of Wylie. SECTION 6: Authority to Execute Documents. The City Manager is hereby authorized, on behalf of Wylie, to execute all documents necessary to acquire, by purchase or condemnation, each of the parcels needed for the Project. SECTION 7: Disposal of Improvements. The City Manager is hereby authorized to sell such surplus improvements, if any, located on the right-of-way acquired in connection with this Project, should they interfere with use and enjoyment of the right-of-way. SECTION 8: Source of Funds. The amount to be paid, if any, for acquiring the right-of- way and/or easements for the construction of and/or improvements to FM 1378, will be appropriated from the 2006 General Obligation Bonds. SECTION 9: Condemnation Authorized. Should the City Manager be unable to acquire the right-of-way and/or easements by purchasing same, the City Manager is authorized to instruct the law firm of Abernathy, Roeder, Boyd & Joplin P.C. to commence condemnation proceedings for the acquisition of the right-of-way and/or easements for the Project. SECTION 10: Effective Date. This Resolution shall take effect immediately from and after its passage. Resolution No.2008-08(R) Determining a Public Necessity to Acquire By Purchase or Condemnation Certain Properties Related to FM 1378 Project Page 2 509203-1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 26th day of February, 2008. John Mondy, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: Carole Ehrlich, City Secretary Abernathy, Roeder, Boyd& Joplin, P.C. Rebecca Brewer City Attorneys DATE(S)OF PUBLICATION: Resolution No.2008-08(R) Determining a Public Necessity to Acquire By Purchase or Condemnation Certain Properties Related to FM 1378 Project Page 3 509203-1 EXHIBIT "A" County: Collin Page 1 of 3 Highway: FM 1378 April 12, 2007 LIMITS: From Brown Street (FM 2514)to Parker Road (FM 2514) R.O.W. CSJ: FIELD NOTES FOR PARCEL 18 BEING a 4,135 square foot tract of land in the William Patterson Survey, Abstract Number 716, in the City of Wylie, Collin County, Texas, being part of that certain called 1.002 acre tract of land as described in a deed to Donald K. Anderson and Jennifer Fay Anderson as recorded in Volume 3185, Page 070, Deed Records Collin County Texas and being more particularly described by metes and bounds as follows: COMMENCING at a point on the common south line of said 1.002 acre tract and the north line of that certain called 9.61 acre tract of land described as the First Tract in a deed to Alfred Fall Monroe, as recorded in Volume 454, Page 205, said Deed Records; THENCE, South 89 degrees 59 minutes 59 seconds East, along said common line, a distance of 191.56 feet to a 5/8 inch iron rod with a Texas Department of Transportation (TxDOT) aluminum cap** set for the POINT OF BEGINNING on the proposed west right-of-way line of Farm to Market Road 1378 (also known as Country Club Road); 1) THENCE, North 01 degrees 16 minutes 39 seconds West, along said proposed west right-of-way line, a distance of 209.98 feet to a point for corner on the common north line of said Anderson tract and the south line of that certain called one acre tract of land described in a deed to Bobby W. Mitchell and Barbara M. Mitchell, as recorded in Volume 585, Page 503, said Deed Records; 2) THENCE, North 88 degrees 55 minutes 38 seconds East, along said common line, passing a one-half inch steel pipe found at a distance of 18.51 feet, continuing a total distance of 19.08 feet to a point for corner on the existing west right-of-way line of said Farm to Market Road 1378; 3) THENCE, South 01 degrees 36 minutes 06 seconds East, along said existing west right-of-way line, a distance of 210.37 feet to a point for corner on said common Anderson and Monroe line; . EXHIBIT "A" County: Collin Page 2 of 3 Highway: FM 1378 April 12, 2007 LIMITS: From Brown Street (FM 2514)to Parker Road (FM 2514) R.O.W. CSJ: FIELD NOTES FOR PARCEL 18 4) THENCE, North 89 degrees 59 minutes 59 seconds West, along said common line, passing at a distance of 3.12 feet a one-half inch steel rebar found, continuing along said common line a total distance of 20.27 feet to the POINT OF BEGINNING, and containing 4,135 square feet of land.; This property description is accompanied by a separate plat of even date. All bearings are based on the Texas State Plane Coordinate System, North Central Zone, NAD 83(CORS 2002). All distances and coordinates shown are surface and may be converted to grid by dividing by a combined scale factor of 1.000152710. **The monument described and set in this call, if destroyed during construction, may be replaced with a TxDOT Type II Right of Way Marker upon completion of the highway construction project under the supervision of a Registered Professional Land Surveyor, either employed or retained by TxDOT. Research completed September, 2006; Field work completed November, 2006 and Monuments set March, 2007. WITNESS MY HAND AND SEAL at Dallas, Dallas County, Texas, this the BOZeday of '4®��I, 20407 OF �•GisrF T.. Relit JOHN F. PIERCE Jon . Pierce .:'O 2011 •� R i tered Professional Land Surveyor �oFssyotwo Texas Registration Number 2011 CP•SURv�� SURVEYING AND MAPPING, Inc. 1450 Empire Central, Suite 175 Dallas, Texas 75247 DETAIL " A" DETAIL "B" 1 GRAPHIC SCALE -----. _.------ - 0 1 5 30 ,,.•1P.0.B. r '1k STA. 1 28+07.83''. •'STA. 160.+00'8T iiii -WEEMME611111 116'. 14. M' +k 60.00 LT •1 " = 30 ' • a I o 03 : N ° �vT CITY OF WYLIE ' �� 18 18 ill �?' COLLIN COUNTY, TEXAS 1\ 4.10 3 , a,w CO L1 L2 -4 onm _ ..� I �__ 1 .N89° 59' 59"W N88° 55' 38"E .� `°0 • y2" • n F-m I P.O.C. _• I�p" - I SPF a -mW a o 20. 27' 19. 08' ,g ' SRF �1A rvmr ) r -n I OD omarripmw� �1`l�cj1 -� DONALD K. ANDERSON AND ^WIFE --- -- o�• �n/� :o���a I; ' N. T. S. N. .`5. �. -fix r- ( JENNIFE� E.A1L..-ANDERSON, i a-,a�rn �.`= �hDnr 1°"''� fi--_ VOLUME 3f85, PAGE 070 w��uAM ParTE '°• r*I=r a;+ -1 r c _ D. R. C. C. RSQN SURVEY rn �+MI 13 vi ono l i� r�; CALLED 1 . 002 ACRES ABSTRACT NO. 7/6 �ro LT1 '-._I.P.O.B. I 1 STA. 130+17.81' -., PROPOSED R.0.■ 1-STA. 1 28+07. 83 N01° 1 ' 39"W 209. 98' 60\00 LTQ PROPOSED R.O.s ---'ll 60.00 L T " ,' (I • *Q �. DETA II L ;\ ,,-�- `DETAIL ; * I� \. (11:1 ._ . f EXISTING R.0.• - S01° 36' 06"E 210. 37 ------ Ex STING R.0.1 __ STATE OF TEXAS FARM TO M�IRKET 137 ; D. R. C. C. T.VOLUME 419, PAGE 207 \ LEGEND (VARIABLE WIOTH R.O.W• ) CALLED 1 . 590 ACRES O 5/e" STEEL REBAR W/TXDOT ALUMINUM CAP FOUND ® V2" PIPE FOUND UNLESS NOTED O CAP SET STEEL REBAR W/TXDOT ALUMINUM —`� �,_. 1.._— • I/2" STEEL REBAR FOUND UNLESS NOTED N01•/6'39"W , 928. 43' O FENCE POST FOUND UNLESS NOTED A CALCULATED POINT ••••. E PROPERTY LINE '( •. ••�,._. P.O.B.POINTDOFNBEGINN I BEGINNING EXHIBIT MATION "A" - PAGE 3 OF 3 ykr.•WSTEAF•'gs P.O.C.POINT OF COMMENCING •Q• eAti .'• P.O.R.P01 NT OF REFERENCE A PLAT OF A SURVEY OF �'' ' P.C. POINT OF CURVATURE •••'• P.T. POINT OF TANGENCY PARCEL 18 JOHN F. PIERCE N.T.S.NOT TO SCALE •••••• SRF STEEL REBAR FOUND FOR FARM TO MARKET ROAD 1 378 SPF STEEL PIPE FOUND C �A 2011 �' P.R.C.C.T. PLAT RECORDS OF COLLIN COUNTY, TEXAS A 4, 135 SQ. FT. TRACT OF LAND IN THE q �:'� D.R.C.C.r. DEED RECORDS OF COLLIN COUNTY, TEXAS WILLLAM PATTERSON SURVEY, ABSTRACT 716 �• b°:rESSti� ~� CITY OF WYLIE 5�•L1RN THIS PARCEL PLAT IS ACCOMPANIED BY A SEPARATE PROPERTY COI I IN COUNTY, TEXAS DESCRIPTION OF EVEN DATE. . THE MONUMENT DESCRIBED AND SET IN THIS CALL, IF DESTROYED ALL BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE DURING CONSTRUCTION, MAY BE REPLACED WITH A TxDOT TYPE II COORDINATE SYSTEM, NORTH CENTRAL ZONE, HAD 83 MCORS 2002). M RIGHT OF WAY MARKER UPON COMPLETION OF THE HIGHWAY ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY BE CONVERTED 4--3o �03 CONSTRUCTION PROJECT UNDER THE SUPERVISION OF A REGISTERED TO GRID BY DIVIDING BY A COMBINED SCALE FACTOR OF 1.000152710. PROFESSIONAL LAND SURVEYOR EITHER EMPLOYED OR RETAINED lip BY TxDOT. OHN F. IERCE, R. P.L. S. 201 1 Date �, File: P:\TRC Solutions\25321C\MAPCHECKS\PARCELS\FNP\FNP18.0UT 4/26/2007, 9:10:25AM BEGIN SESSION ® Thu Apr 26 09:08:57 2007 FNP18,JAB Points 2 to 50 deleted. 2222 points in workfile. FROM ANGLE DIST NORTH EAST TO START 10000.00000 5000.00000 1 1 TRAV N 1 16 39 W 209.98 10209.92781 4995.31855 2 2 TRAV N 88 55 38 E 19.08 10210.28503 5014.39521 3 3 TRAV S 1 36 06 E 210.37 9999.99722 5020.27520 4 4 TRAY N 89 59 59 W 20.27 9999.99732 5000.00520 5 LAT & DEP 0.00268 -0.00520 5 HCLOSE N 62 44 16 W 0.01 10000.00000 5000.00000 1 PREC = 1 TO 78590 Area = 4135.03 sq ft 0.09493 ac Page: 1 EXHIBIT "A" County: Collin Page 1 of 3 Highway: F.M. Road 1378 April 12, 2007 LIMITS: From F.M. Road 3412 (Brown Street) North to F.M. Road 2514 (Parker Road) R.O.W. CSJ: FIELD NOTES FOR PARCEL 13 BEING a 7,753 square foot tract of land in the William Patterson Survey, Abstract Number 716, in the City of Wylie, Collin County, Texas, being part of that certain calculated 10.0038 acre tract of land as described in a deed to Matthew M. Butschek and Catherine V. M. Butschek, husband and wife, as recorded in Instrument Number 97-0001744, Deed Records Collin County, Texas, and being more particularly described by metes and bounds as follows; COMMENCING at a 1/2 inch iron steel rebar with red plastic cap marked " Tipton Engr" found for the southwest corner Country Ridge Phase A, an Addition to the City of Wylie, as recorded in Cabinet 0, page 309, Plat Records, Collin County, Texas, and being on the north line of that certain calculated 9.4348 acre tract as described in a deed to Matthew M. Butschek and Catherine V. M. Butschek, husband and wife, as recorded in Instrument Number 97-0001745, said Deed Records, THENCE, North 88 degrees 59 minutes 36 seconds East, along the common south line of said Country Ridge Phase A Addition and the north line of said 9.4348 acre tract, passing at a distance of 263.14 a point for the northeast corner of said 9.4348 acre tract and the northwest corner of said 10.0038 acre tract, continuing along the common south line of Country Ridge Phase A and the north line of said 10.0038 acre tract a total distance of 1417.26 feet to a 5/8 inch steel rebar with a Texas Department of Transportation (TxDOT) aluminum cap** set on the proposed west right-of-way line of Farm to Market Road 1378 (also known as Country Club Road) for the PLACE OF BEGINNING; 1) THENCE, North 88 degrees 59 minutes 36 seconds East, continuing along said north line of said 10.0038 acre tract, passing at a distance of 18.11 feet a 1/2 inch steel rebar with red plastic cap marked "Tipton Engr" found for the southwest corner of said Country Ridge Phase A, continuing in all a total distance of 21.05 feet to a point for corner on the existing west right-of-way line of said Farm to Market Road 1378; 2) THENCE, South 00 degrees 02 minutes 51 seconds West, along said existing west right-of-way line, a distance of 372.61 feet to a point for the southeast corner of said 10.0038 acre tract and the northeast corner of the remainder of that certain called 199.22 acre tract as described in a deed to A. J. Daugherty, and wife Johnnie M. Daugherty as recorded in Volume 555, Page 68, said Deed Records; EXHIBIT "A" County: Collin Page 2 of 3 Highway: F.M. Road 1378 April 12, 2007 LIMITS: From F.M. Road 3412 (Brown Street) North to F.M. Road 2514 (Parker Road) R.O.W. CSJ: FIELD NOTES FOR PARCEL 13 3) THENCE, South 89 degrees 01 minutes 48 seconds West, departing said existing west right-of-way line, along the common south line of said 10.0038 acre tract and the north line of said remainder of that 199.22 acre tract, a distance of 20.58 feet to a to a 5/8 inch steel rebar with a Texas Department of Transportation (TxDOT) aluminum cap** set on said proposed west right-of-way line of said Farm to Market Road 1378; 4) THENCE, North 00 degrees 01 minutes 24 seconds West, along said proposed west right-of-way line, a distance of 372.59 feet to the PLACE OF BEGINNING, and containing 7,753 square feet of land. This property description is accompanied by a separate plat of even date. All bearings are based on the Texas State Plane Coordinate System, North Central Zone, NAD 83(CORS 2002). All distances and coordinates shown are surface and may be converted to grid by dividing by a combined scale factor of 1.000152710. **The monument described and set in this call, if destroyed during construction, may be replaced with a TxDOT Type II Right of Way Marker upon completion of the highway construction project under the supervision of a Registered Professional Land Surveyor, either employed or retained by TxDOT. Research completed September, 2006; Field work completed November, 2006 and Monuments set April, 2007. WITNESS MY HAND AND SEAL at Dallas, Dallas County, Texas, this the 3O! ay of/4Yf?l L../X07 P' 'O+F•rF.}- y1"14,RFO' ,1 F. fierce JOHN F. PIERCE gistered Professional Land Surveyory�:°9 2011 Pv r' Texas Registration Number 2011 �� Sl1R`I��� SURVEYING AND MAPPING, Inc. 1450 Empire Central, Suite 175 Dallas, Texas 75247 DETAIL "A" P.o.c. I 1 GRAPH 50C1 00 SCALE „ammm...frotm,Allimm.—__ ,.....-- ' i MATTHEW M. BUTSCHEK Iw/cAP F� Z AND CATHER I NE V. M. BUTSCHEK N� �' HUSBAND AND WIFE al ° j r�Torz DOC. NO. 97-0001745 win •• u) L1, , • >0 r• •1 9. 4348 ACRES (CALCULATED) ( �) .0.) CITY OF WYLIE N88 59 36 E ; u" ' --inlr � COLLIN COUNTY, TEXAS 18. t 1 ' '\ -1- inori I `�' I i L2 'a'a� FINAL PLATif Gi7� 589° 01 ' 48"W FT;1 '/2" SRF COUNTRY RIDGE PHASE A I I == 20. 58' -�',� _...._._.. --�,W/CAP CABINET 0, PAGE 309 ' 11 A.J. DAUGHERTY, 1 I�. kv0 -\ • ". - P. R. C. C. T. `_� �z AND WIFE i S 1 N. T. S. r \ CALLED 59. 4286 ACRES 1i—� JOHNNIE M. DAUGHERTY .��R`'�Q• 1\6 MATTHEW�AND CAT E I NE M. BUTSCHEK M. BUTSCHEK i-l'uD \ VOLUME 555, PAGE 68 �- D. R. C. C. T. P P' poi ~\ HUSBAND AND WIFE j _.Liu CALLEDREM199D22 ACRES ��ER OF 1PF$I J DOC. NO.D R• C. C. 97-0001744 t �_�_ �` 10. 0038 ACRES (CALCULATED) P,.0.B. ('�'' J7 STA�772.05.62 S A.T5LT8.2I-1-f / PROPOSED P.a. ( 1 1 ) *41 NOO° 01 ' 24"W 372. 59' 1 DETAIL # o I � : r , \ 1 N 3 �_. . ...._�_..____..;ExlsnNc n.ar_O� - _-. -.---___.__ .....,,..._..__S00° 02' 51 "W 372. 61 '�.,....�---_.__�,___ - . -------- -------, j woo R.O.w. !.._Pos _MON. _ _._ STATE OF TEXAS VOLUME 419, PAGE 203 — �_ p __. ko_... D. R. C. C. T. 75 _____.......-......._._......_._.._._._..._._. _-_. CALLED 3. 436 ACRES - LEGEND I I lGZ�0Q07'24"Vl/- 1 �I p 5/e" STEEL REBAR W/TXDOT _ FARM TO MARKET 1 378 S AO 2102. 23/ ALUMINUM CAP FOUND _____-. f + _�_—._.,_..... ® /2" PIPE FOUND UNLESS NOTED (VARIABLE WIDTH R.O.W. ) c` 0 %' STEEL REBAR W/TXDOT ALUMINUM \ CAP SET • /2" STEEL REBAR FOUND W/ RED PLASTIC CAP MARKED "TIPTON ENGR" -I \ 7 7* - \ O FENCE POST FOUND UNLESS NOTED G CALCULATED POINT R PROPERTY LINE I )RECORDPOINTINFORMATION EXHIBIT "A" - PAGE 3 O F 3 P.O.B.POINT OF BEGINNING P.O.C.POINT OF COMMENCING P.O.P cR POINT OF CURVATURE A PLAT OF A SURVEY OF Q'(.,,.Q ,•t. P.T. POINT OF TANGENCY PARCEL 1 3 �'�;�C,tsrEq�.••fq N.T.S.NOT TO SCALE i " c� �` d1 SRF STEEL REBAR FOUND FOR FARM TO MARKET ROAD 1 378 • a �'• IPF IRON PIPE FOUND • �'� P.R.C.C.T. PLAT RECORDS OF COLLIN COUNTY, TEXAS A 7, 753 SQ. FT. TRACT OF LAND IN THE °.'O•"••'"'••••••••••• D.R.C.C.T. DEED RECORDS OF COLLIN COUNTY, TEXAS r °•JOHNF+PIERCE.. WILLIAM PATTERSON SURVEY, ABSTRACT 716 CITY OF WYL I E �';°.Q 2011 viz- DTHIS ESCRPARTION PLAT IS DATE. COLLIN BY A SEPARATE PROPERTY COLL I N COUNTY, TEXAS 4'j�9:°Essta -k▪° .. THE MONUMENT DESCRIBED AND SET IN THIS CALL, IF DESTROYED ALL BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE tj'URV" DURING CONSTRUCTION, MAY BE REPLACED WITH A THOOT TYPE I1 COORDINATE SYSTEM, NORTH CENTRAL ZONE, NAO 03 ICONS 20021. RIGHT OF WAY MARKER UPON COMPLETION OF THE HIGHWAY ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY BE CONVERTED --- CONSTRUCTION PROJECT UNDER THE SUPERVISION OF A REGISTERED TO GRID BY DIVIDING BY A COMBINED SCALE FACTOR OF 1.000152710. PROFESSIONAL LAND SURVEYOR EITHER EMPLOYED OR RETAINED ` CSJ NO. 0 P RCE, R.P.L. S. 201 1 Dote , File: P:\TRC Solutions\25321C\MAPCHECKS\PARCELS\SKP\SKP13.OUT 4/18/2007, 2:47:55PM BEGIN SESSION @ Wed Apr 18 14:44:45 2007 SKP13,JAB Points 2 to 50 deleted. 2222 points in workfile. FROM ANGLE DIST NORTH EAST TO START z6 10000.00000 5000.00000 1 1 TRAV N 88 59 36 E 21.05 10000.36982 5021.04675 2 2 TRAV S 0 02 51 W 372.61 9627.75995 5020.73785 3 3 TRAV S 89 01 48 W 20.58 9627.41155 5000.16079 4 4 TRAV N 0 01 24 W 372.59 10000.00152 5000.00906 5 LAT & DEP -0.00152 -0.00906 5 HCLOSE S 80 27 34 W 0.01 10000.00000 5000.00000 1 PREC = 1 TO 85645 Area = 7752.78 sq ft 0.17798 ac Page: 1 EXHIBIT "A" County: Collin Page 1 of 6 Highway: F.M. Road 1378 April 12, 2007 LIMITS: From F.M. Road 3412 (Brown Street) North to F.M. Road 2514 (Parker Road) R.O.W. CSJ: FIELD NOTES FOR PARCEL 7 PART ONE BEING a 1,588 square foot tract of land in the Charles Atterbury Survey, Abstract Number 22, in the City of Wylie, Collin County, Texas, being part of Lot 1, Block A of the Plat of the Birmingham Farms Addition, Phase 13A, as recorded in Cabinet Q, Page 576, Plat Records, Collin County, Texas, belonging to the Home Owners Association of said Birmingham Farms Addition, Phase 13A and being more particularly described by metes and bounds as follows: COMMENCING at a point for the southeast corner of said Birmingham Farms Addition Phase 13A, and being an ell corner of the remainder of that certain called 629.406 acres of land as described in a deed to Birmingham Land Ltd. (a Texas Limited Partnership) as recorded in Instrument Numbers 94-0029675 and 98-0076022, Deed Records, Collin County, Texas and on the north line of that certain called 10.00 acres of land as described in a deed to the Wylie Independent School District as recorded in Volume 5020, Page 1635, said Deed Records; THENCE, South 89 degrees 50 minutes 14 seconds West, along the south line of said Phase 13A and the north line of said 10.00 acre tract, passing at a distance of 571.20 feet a one-half inch steel rebar found for the southeast corner of said Lot 1, and the southwest corner of Lot 10, Block A and on said north line of said 10 acre tract, continuing a total distance of 573.08 feet to a 5/8 inch steel rebar with a Texas Department of Transportation (TxDOT) aluminum cap** set on the proposed east right- of-way line of Farm to Market Road 1378 (also known as Country Club Road) for the PLACE OF BEGINNING; 1) THENCE, South 89 degrees 50 minutes 14 seconds West, continuing along said south line of said Phase 13A and north line of said 10.00 acre tract, a distance of 3.12 feet to a point for the southwest corner of said Lot I, Block A and the southeast corner of a 30 foot right-of-way dedication by said Plat; 2) THENCE, North 00 degrees 28 minutes 20 seconds West, along said west line of said Lot 1 and the east line of said right-of-way dedication, a distance of 760.28 feet to a 5/8 inch steel rebar with a Texas Department of Transportation (TxDOT) aluminum cap** set for a corner on the proposed east right-of-way line of said Farm to Market Road 1378, another 5/8 inch steel rebar with a Texas Department of Transportation (TxDOT) aluminum cap** set on the south corner clip of Hodges Lane bears North 00 degrees 28 minutes 20 seconds West at a distance of 8.01 feet; EXHIBIT "A" County: Collin Page 2 of 6 Highway: F.M. Road 1378 April 12, 2007 LIMITS: From F.M. Road 3412 (Brown Street) North to F.M. Road 2514 (Parker Road) R.O.W. CSJ: FIELD NOTES FOR PARCEL 7 3) THENCE, South 00 degrees 49 minutes 33 seconds East, along said proposed east right-of-way line, a distance of 511.14 feet to a 5/8 inch steel rebar with a Texas Department of Transportation (TxDOT) aluminum cap** set for an angle corner on said proposed east right-of-way line of said Farm to Market Road 1378; 4) THENCE, South 00 degrees 27 minutes 53 seconds East, continuing along said proposed east right-of-line of said Farm to Market Road 1378 a distance 249.17 feet to the PLACE OF BEGINNING, and containing 1,588 square feet of land. PART TWO BEING a 5,866 square foot tract of land in the Charles Atterbury Survey, Abstract Number 22, in the City of Wylie, Collin County, Texas, being part of Lot 1, Block C of the Plat of the Birmingham Farms Addition, Phase 13A, as recorded in Cabinet Q, Page 576, Plat Records, Collin County, Texas, belonging to the Home Owners Association of said Birmingham Farms Addition, Phase 13A and being more particularly described by metes and bounds as follows: COMMENCING at a point for the northeast corner of said Birmingham Farms Addition Phase 13A, and being an ell corner of the remainder of that certain called 629.406 acres of land as described in a deed to Birmingham Land Ltd. (a Texas Limited Partnership) as recorded in Instrument Numbers 94-0029675 and 98-0076022, Deed Records, Collin County, Texas, THENCE, South 89 degrees 49 minutes 43 seconds West, along the north line of said Phase 13A, a distance of 42.11 feet to an angle corner; THENCE, South 89 degrees 50 minutes 15 seconds West, continuing along said north line of said Phase 13A, passing at a distance of 504.39 feet the northwest corner lot 11, said Block C and the northeast corner of said Lot 1, continuing a total distance of 515.78 feet to a 5/8 inch steel rebar with a Texas Department of Transportation (TxDOT) aluminum cap** set on the proposed east right-of-way line of Farm to Market Road 1378 (also known as Country Club Road)for the PLACE OF BEGINNING; EXHIBIT "A" County: Collin Page 3 of 6 Highway: F.M. Road 1378 April 12, 2007 LIMITS: From F.M. Road 3412 (Brown Street) North to F.M. Road 2514 (Parker Road) R.O.W. CSJ: FIELD NOTES FOR PARCEL 7 1) THENCE, South 00 degrees 49 minutes 33 seconds East, along the proposed east right-of-way line of said Farm to Market Road 1378, a distance of 917.89 feet to a 5/8 inch steel rebar with a Texas Department of Transportation (TxDOT) aluminum cap** set on said proposed east right-of-way line for corner on the north corner clip right-of-way line of Hodges Lane and the south line of said Lot 1; 2) THENCE, North 45 degrees 28 minutes 20 seconds West, along said corner clip, a distance of 13.11 feet to a point for an angle corner for the southwest corner of said Lot I, Block C and the southeast corner of a 20 foot right-of-way dedication by said Plat; 3) THENCE, North 00 degrees 28 minutes 20 seconds West, along said west line of said Lot 1 and the east line of said right-of-way dedication, a distance of 908.62 feet to a point for northwest corner of said Lot 1 and the northeast corner of said 20 foot right-of-way dedication. EXHIBIT "A" County: Collin Page 4 of 6 Highway: F.M. Road 1378 April 12, 2007 LIMITS: From F.M. Road 3412 (Brown Street) North to F.M. Road 2514 (Parker Road) R.O.W. CSJ: FIELD NOTES FOR PARCEL 7 4) THENCE, North 89 degrees 50 minutes 15 seconds East, along said north line of said Lot 1, a distance of 3.61 feet to the PLACE OF BEGINNING, and containing 5,866 square feet of land. This property description is accompanied by a separate plat of even date. All bearings are based on the Texas State Plane Coordinate System, North Central Zone, NAD 83(CORS 2002). All distances and coordinates shown are surface and may be converted to grid by dividing by a combined scale factor of 1.000152710. **The monument described and set in this call, if destroyed during construction, may be replaced with a TxDOT Type II Right of Way Marker upon completion of the highway construction project under the supervision of a Registered Professional Land Surveyor, either employed or retained by TxDOT. Research completed September, 2006; Field work completed November, 2006 and Monuments set April, 2007. WITNESS MY HAND AND SEAL at Dallas, Dallas County,Texas, this the 2 day of Mit/ 2 0O- .2 •4 6.. .,„„sT„,A,L _ • (N r JOHN F. PIERCE Jo . Pierce 2011 ' R gistered Professional Land Surveyor y'°90 Pv'� Texas Registration Number 2011 �'O'.FSU6`, SURVEYING AND MAPPING, Inc. 1450 Empire Central, Suite 175 Dallas, Texas 75247 GRAPHIC SCALE LINE TABLE DETAIL "A" DETAIL "B" 0 50 1 00 LINE NO. BEARING DISTANCE Y L 1 S89° 50' 1 4"W 1 . 88' STA 40429.53� s. . t 7 62.5 S89° 50' �� N� PARTt ', 1 RT 1 " = 1 00' L2 14 W 3. 1 2 . s L3 NOO° 28' 20"W 8. 01 ' ;P.a.a ��,p** •1 4`*. L3 ,s,rq • CITY OF WYLIE H. O. A. , V-7 .# s��•,�, STA.32.59.62 LOT 1 PART1 r .s COLLIN COUNTY, TEXAS ;6z.5o RT r-� , -"1 BLOCK A ; H. O. A. , !- LOT 1 , ,ilimminims-4rLAmmilm.-- POT Sta 35+17. 60'• I .BLOCK A 1 �, I L. t L �, N. T. S. -1 •-41J • L.. � u -^ •� N. T. S. P • • il Iw _ ab^ / °.•° I1�� = - STATE OF TEXAS �Q .N00-27'513W—FARMLLTO MARKET 1378------- b - --'- tVOLUME 41 PAGE 215.- ------ On849f_3_3'+ --. i ri 636. 86' (VARIABLE WIDTH R.O. W. ) . . R. C. C. T. �1787. 24' 10 xL -,-�• ('CALLED I. 799 ACRES J I DE Ill D ems - w ? J �j NOO° 28' 20"W 760. 28' rn EXISTING R.O.N. • _ ���A iT cn„ ,,t- i �, S00° 49' 33"E 51 1 . 14 'I SQO 27 53 E �+ 7 H. A. �O= 0 Null r 249. 17 D' •30' R.O.N. OEDICATED 'ART' O WYLIE I.S.O. moo; 0, PROPOSED R.O.N. Nu BY PLAT FINAL PLAT LOT 1 , m a VOLUME 5020, f• c 0`' BiRIMINGHAM FARMS ADDITION BLOCK A am PAGE 1635 0�, X-• =ooN D.R.C.C.T. I D 0 ma CABINET Q, 13APAGE 576 it CALLED 10.00 ACRES s - -+0 .O.C. P. R. C. C. T. ,, 7Dz LEGEND CALLED 25. 925 ACRES pm OI 5/8" STEEL REBAR W/TXDOT v i ALUMINUM CAP FOUND REMAINDER OF URGE - • y2. PIPE FOUND UNLESS NOTED BIRMINGHAM LAND LTD. RB .RY S O %" STEEL REBAR W/TXDOT ALUMINUM CAP SET INSTRUMENT NUMBER 94-0029675 & S ATT • 22 • /2' STEEL REBAR FOUND UNLESS NOTED INSTRUMENT NUMBER 98-0076022 CHAR ABSTRACT N O FENCE POST FOUND UNLESS NOTED D. R. C. C. T. A CALCULATED POINT R PROPERTY LINE Q'� .•'•F.TF+ ( 'RECORD INFORMATION "I I, yA••G1SSTeRF. 1 P.o.e.POINT OF BEGINNING EXHIBIT A - PAGE 5 OF 6 P.O.C.POINT OF COMMENCING �•Q Cy •� P.O.R.POINT OF REFERENCE A PLAT OF A SURVEY OF P.C. POINT OF CURVATURE ...5 P.T. POINT OF TANGENCY PARCEL 7 PART 1 JOHN F. PIERCE N.T.S.HOT TO SCALE SRF STEEL REBAR FOUND FOR FARM TO MARKET ROAD 1 378 201�1PF IRON PIPE FOUND P.R.C.C.T. PLAT RECORDS OF COLLIN COUNTY, TEXAS A 1 , 588 SQ. FT. TRACT OF LAND IN THE .%.* ��`ie' D.R.C.C.T. DEED RECORDS OF COLLIN COUNTY, TEXAS CHARLES ATTERBURY SURVEY, ABSTRACT 22 "/a•!cSsio._-P CITY OF WYLIE SUV" THIS PARCEL PLAT IS ACCOMPANIED BY A SEPARATE PROPERTY DESCRIPTION OF EVEN DATE. COLLIN COUNTY, TEXAS .■ THE MONUMENT DESCRIBED AND SET IN THIS CALL, IF DESTROYED ALL BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE DURING CONSTRUCTION, MAY BE REPLACED WITH A TxDOT TYPE 1l COORDINATE SYSTEM, NORTH CENTRAL ZONE• NAG 83 (CORS 20021. / n RIGHT OF WAY MARKER UPON COMPLETION OF THE HIGHWAY ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY BE CONVERTED P 02"?,QV CONSTRUCTION PROJECT UNDER THE SUPERVISION OF A REGISTERED TO GRID BY DIVIDING BY A COMBINED SCALE FACTOR OF 1.000152710. ' Al. PROFESSIONAL LAND SURVEYOR EITHER EMPLOYED OR RETAINED JON P ERCE, R.P.L.S. 2011 Date Br TxDOT. CSJ NO. OF I N GRAPHIC SCALE DETAIL "A" DETAIL "B" 0 50 10011.1m4111-111".." O�-' r° ti, A mI LINE TABLE ' \ . ID % , 4 . 1 " = 1 00' LINE NO. BEARING DISTANCE ah tih' IP o r l CITY OF WYL I E L4 N89° 31 ' 40°E 5. 00' • * 5 �16..5?bR s.73' COLL IN COUNTY, TEXAS L5 N45° 28' 20„W 1 . 03; A 62AL,1450.84,, H. O. A. CI*I * L6 589 50 1 5 W 4. 70 r H. O. A. LOT 1 , 11- LOT 1 , ;BLOCK Ci L7 N89' 50' 15"E 3. 61 ' _ BLOCK C , i L8 S89° 50' 1 5"W 1 1 . 39' op •'�---� J^ ' .__ _--...... __.. . N. T. S. N. T. S. _ ♦ \o -. STA-T_E... OF TEXAS_ _-nU 2w�. �� - . 45- r �,, __,___ �_-._._______ z N00'4Q'33"W /7187. 24' 1 FARM TO ,MARKET 13718 VOLUME 4191 PAGE 215 ' L m / r_ (VARIABLE WIDTH D. R:C.C: T. ,,,ft. ) DETAIL CALLED 1 . 799 ACRES -ID DETAIL p • < <.•-- ' °A" NOO° 28' 20"W 908. 62 EXISTING R.O.W. Ln p .�" -- le N-PROPOSED R.O.w. —500° 49' 33"E 91 r:-8- ----- — — -�- -�, H. O. A. LOT 1 1 c 2 .33 o 71 m1• o 0 20' R.0.N. f �N ;� c1+�,Ci DEDICATED BY PLAT BLOCKLOT C BLOCK C �O al Se x. P rS ARp.C- �0. FINAL PLAT REMAINDER �� , S▪ /B" STEELGENDL REBAR W/TXDOT OP�,'LN 5 1. BIRIMINGHAM FARMS ADDITION BIRIMINGHAM LAND LTD. ALUMINUM CAP FOUND G PHASE 13A INSTRUMENT NUMBER 98-0076022 2LA • '/2' PIPE FOUND UNLESS NOTED CABINET Qz PAGE 576 INSTRUMENT NUMBER 94-0029675 A`o o '% STEEL REBAR W/TXDOT ALUMINUM P. R. C. C. T. D. R, G. G. T, N� CAP SET •• /2" STEEL REBAR FOUND UNLESS NOTED CALLED 25. 925 ACRES �� O FENCE POST FOUND UNLESS NOTED ` A CALCULATED POINT •W t. 4 PROPERTY LINE TION �w.�...OF.r�, P.D.a)RE ONTROOFNFORMANING EXHIBIT "A" - PAGE 6 OF 6 ak1;.• lsr . •�" P-ei .O.C. P.O.R.POINT OF REFF.a.c.POINT OF IERENCEG SURVEY y°�.2- .47 R4 .• .0 P.C. POINT OF CURVATURE A PLAT OF A SURVEY OF P.T. POINT OF TANGENCY PARCEL 7 PART 2 '..s !G� • N.T.S.NOT TO SCALE 5RF STEEL REBAR FOUND FOR FARM TO MARKET ROAD 1 378 JOHN F. PIERCE 1PF IRON PIPE FOUND G r P.R.C.C.T. PLAT RECORDS OF COLLIN COUNTY, TEXAS A 5, 866 SQ. FT. TRACT OF LAND IN ��.0 2011 'Az O.R.C.C.T. DEED RECORDS OF COLLIN COUNTY, TEXAS CHARLES ATTERBURY SURVEY, ABSTRACT 22 '9 9b, aQ;.� 'v •..Fssto.• -k CITY OF WYLIE a UR � THIS PARCEL PLAT [N ACCOMPANIED BY A SEPARATE PROPERTY �� DESCRIPTION � EVEN DATE. COLL IN COUNTY, TEXAS •. THE MONUMENT DESCRIBED AND SET IN THIS CALL, IF DESTROYED ALL BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE DURING CONSTRUCTION, MAY BE REPLACED WITH A TXDOT TYPE II COORDINATE SYSTEM, NORTH CENTRAL ZONE, NAD B7 ICORS 2002). n RIGHT OF WAY MARKER UPON COMPLETION OF THE HIGHWAY ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY BE CONVERTED dP //// 4' � / 5-©2`gk/O CONSTRUCTION PROJECT UNDER THE SUPERVISION OF A REGISTERED TO GRID BY DIVIDING BY A COMBINED SCALE FACTOR OF 1.000152710. PROFESSIONAL LAND SURVEYOR EITHER EMPLOYED OR RETAINED BY TxDOT. CSJ NO. JOW •IERCE, R.P.L.S. 2011 Date File: P:\TRC Solutions\25321C\MAPCHECXS\PARCELS\FNP\FNP7_2.OUT 4/17/2007, 4:27:13PM BEGIN SESSION @ Tue Apr 17 16:23:11 2007 FNP7_2,JAB Points 2 to 50 deleted. 2222 points in workfile. FROM ANGLE DIST NORTH EAST TO ***** START 10000.00000 5000.00000 1 1 TRAV S 0 49 33 E 917.89 9082.20534 5013.22956 2 2 TRAV N 45 28 20 W 13.11 9091.39880 5003.88330 3 3 TRAV N 0 28 20 W 908.62 9999.98794 4996.39469 4 4 TRAV N 89 50 15 E 3.61 9999.99817 5000.00468 5 LAT & DEP 0.00183 -0.00468 5 HCLOSE N 68 41 21 W 0.01 10000.00000 5000.00000 1 PREC = 1 TO 367058 Area = 5866.07 sq ft 0.13467 ac Page: 1 File: P:\TRC Solutions\25321C\MAPCHECKS\PARCELS\SKP\SKP7_1.0UT 4/17/2007, 7:41:09AM BEGIN SESSION @ Tue Apr 17 07:38:51 2007 SKP71,JAB Points 2 to 50 deleted. 2222 points in workfile. FROM ANGLE DIST NORTH EAST TO ***** START is 10000.00000 5000.00000 1 1 TRAV S 89 50 14 W 3.12 9999.99114 4996.88001 2 2 TRAV N 0 28 20 W 760.28 10760.24531 4990.61398 3 3 TRAV S 0 49 33 E 511.14 10249.15841 4997.98105 4 4 TRAV S 0 27 53 E 249.17 9999.99660 5000.00203 5 z LAT & DEP 0.00340 -0.00203 5 HCLOSE N 30 51 11 W 0.00 10000.00000 5000.00000 1 PREC = 1 TO 385156 Area = 1588.12 sq ft 0.03646 ac Page: 1 7; Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: February 26, 2008 Item Number: D Department: Human Resources (City Secretary's Use Only) Prepared By: Lynn Fagerstrom Account Code: Date Prepared: February 15, 2008 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, Resolution No. 2008-09(R) authorizing the City Manager to enter into an Interlocal Agreement between the City of Wylie and North Central Texas Council of Governments for a Purchasing Agreement with the Dallas Morning News for a 12 month period for the purpose of classified advertising. Recommendation Motion to approve Resolution No. 2008-09(R), authorizing the City Manager to enter into an Interlocal Agreement between the City of Wylie and North Central Texas Council of Governments for a Purchasing Agreement with the Dallas Morning News for a 12 month period for the purpose of classified advertising. Discussion The City of Wylie has contracted with the Dallas Morning News for the past four years at a rate far reduced from the standard rates. The North Central Texas Council of Governments (NCTCOG) solicited all north Texas cities to participate in an Interlocal Agreement in order to further reduce our advertising rates. Through combining our advertising effort, the City of Wylie's rate has been significantly reduced by $4.03 per line. Under the proposed contract, each city will pay a $350.00 administrative fee to NCTCOG and our line rate will be $5.05, reduced from $9.08 per line per our 2007 contract. The contract is based on a $10,000.00 minimum usage by the City of Wylie. Approved By Initial Date Department Director LF 2/15/07 City Manager `r1 \ a I 40 Page 1 of 1 Wylie City Council CITY:F WYLIE NOTICE OF MEETING Regular Meeting Agenda February 26, 2008 - 6:00 pm Wylie Municipal Complex- Council Chambers 2000 Highway 78 North John Mondy Mayor M. G. "Red" Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Merrill Young Place 4 Rick White Place 5 Carter Porter Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen 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 from the Consent Agenda and will be considered separately. February 26,2008 Wylie City Council Regular Meeting Agenda Page 2 of 3 A. Consider, and act upon, approval of the Minutes from the February 12, 2008 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Ordinance No. 2008-09 approving a Specific Use Permit (SUP) for Auto Repair, Major Use on one lot on 0.648 acres (Regency Business Park Phase 1, Block B, Lot 1) generally located east of Regency Drive and south of Steel Road (101 Regency Drive) Zoning Case 2008-01. ZC 2008-01 (R. 011ie, Planning Director) C. Consider, and act upon, Resolution No. 2008-08(R) determining a public necessity to acquire, by purchase or condemnation, certain properties for the right-of-way for the construction of improvements to FM 1378. (C. Holsted, City Engineer) D. Consider, and act upon, Resolution No. 2008-09(R) authorizing the City Manager to enter into an Interlocal Agreement between the City of Wylie and North Central Texas Council of Governments for a Purchasing Agreement with The Dallas Morning News for a 12 month period for the purpose of classified advertising. (L. Fagerstrom, Human Resources Manager) E. Consider, and place on file, the Monthly Revenue and Expenditure Reports for the City of Wylie as of January 31, 2008. (L. Williamson, Finance Director) F. Consider, and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of January 31, 2008. (S. Satterwhite, Executive Director, WEDC) REGULAR AGENDA General Business 1. Review, and place on file, the Wylie Police Department 2007 Annual Traffic Contact Report. (J. Duscio, Police Chief) Executive Summary Texas Senate Bill(SB 1074)requires police departments to collect traffic-related contact data and to report the contact data to their governing body every year, no later then March of the following year. The 2007 Wylie Police Department Annual Traffic Contact Report meets and exceeds all requirements of SB 1074. 2. Consider, and act upon, approval of a request from First Baptist Church of Wylie for Abandonment of that portion of Right-of-Way described as a 70 ft. ROW of Marble Street consisting of 0.7473 acres, a 70 ft. ROW of First Street consisting of 0.4821 acres, and an 80 ft. ROW of Second Street consisting of 0.1877 acres. (R. 011ie, Planning Director) Executive Summary The applicant, First Baptist Church of Wylie is requesting that the City of Wylie abandon portions of Marble Street, First Street, and Second Street to allow expansion of their current facility located at 100 North First Street. The portions of streets are depicted in Exhibit No. I are currently being used as public streets. The First Baptist Church is the sole property owner of all properties adjacent to subject public rights-of-way. February 26,2008 Wylie City Council Regular Meeting Agenda Page 3 of 3 3. Consider, and act upon, the acceptance of the resignation of John Onufreiczuk and the appointment of a new member to the Planning and Zoning Commission to fill the unexpired term of July 2006 to July 2008. (R. 011ie, Planning Director) Executive Summary John Onufreiczuk was appointed to the Planning and Zoning Commission in 2006. Mr. Onufreiczuk, who has served very faithfully on the Commission,has recently submitted his resignation from his appointment to the Planning and Zoning Commission effective February 6,2008. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article 111, Section 13-D. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. ADJOURNMENT CERTIFICATION I certi that this Notice of Meeting was posted on this 22nd day of February, 2008 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed RESOLUTION NO. 2008-09(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG) FOR A PURCHASING AGREEMENT WITH THE DALLAS MORNING NEWS. WHEREAS, North Central Texas Council of Governments is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391, Texas Local Government Code; and WHEREAS, the City Council of the City of Wylie, Texas pursuant to the authority granted under Sections 271.101 to 271.102 of the Local Government Code, desires to participate in the described purchasing program sponsored by the North Central Texas Council of Governments (NCTCOG), and is of the opinion that participation in this program will be highly beneficial to the tax payers through the anticipated savings to be realized; and WHEREAS, pursuant to the Act, NCTCOG is authorized to contract with eligible entities to perform governmental functions and services, including the purchase of goods and services; and WHEREAS, in reliance on such authority, NCTCOG has a cooperative purchasing program under which it contracts with eligible entities under the Act; and WHEREAS, the City of Wylie, Texas has represented that it is an eligible entity under the Act, that its governing body has authorized this Agreement on February 26, 2008, and that it desires to contract with NCTCOG; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the City Council hereby approves the lnterlocal Agreement with the North Texas Council of Governments (NCTCOG) to participate in a cooperative purchasing program for a joint contract with the Dallas Morning News. SECTION 2: That the City Manager be and is hereby authorized to execute the Interlocal Agreement, after approval of the City Attorney, and to sign purchase orders in conformity thereto. SECTION 3: This Resolution shall become effective immediately upon its passage. Resolution No. 2008-09(R) Interlocal Agreement with NCTCOG Purchasing Agreement with the Dallas Morning News DULY PASSED AND APPROVED by the City Council of the City of Wylie on the 26th day of February, 2008. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2008-09(R) Interlocal Agreement with NCTCOG Purchasing Agreement with the Dallas Morning News INTERLOCAL AGREEMENT FOR COOPERATIVE PURCHASING FOR CLASSIFIED ADVERTISING THIS INTERLOCAL AGREEMENT ("Agreement"), made and entered into pursuant to the Texas Interlocal Cooperation Act, Chapter 791, Texas Government Code (the"Act"), by and between the North Central Texas Council of Governments, hereinafter referred to as"NCTCOG,"having its principal place of business at 616 Six Flags Drive,Arlington, Texas 76011,and the City of Wylie, Texas, a local government, a state agency, or a non-profit corporation created and operated to provide one or more governmental functions and services, hereinafter referred to as "Participant," having its principal place of business at 2000 Highway 78 North,Wylie,Texas 75098. WITNESSETH WHEREAS, NCTCOG is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391,Texas Local Government Code;and WHEREAS,pursuant to the Act,NCTCOG is authorized to contract with eligible entities to perform governmental functions and services, including the purchase of goods and services;and WHEREAS, in reliance on such authority,NCTCOG has a cooperative purchasing program under which it contracts with eligible entities under the Act;and WHEREAS, Participant has represented that it is an eligible entity under the Act, that its governing body has authorized this Agreement on *February 26,2008,and that it desires to contract with NCTCOG on the terms set forth below; NOW,THEREFORE,NCTCOG and the PARTICIPANT do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The Participant represents and warrants to NCTCOG that(1)it is eligible to contract with NCTCOG under the Act because it is one of the following: a local government, as defined in the Act (a county, a municipality, a special district, or other political subdivision of the State of Texas or any other state,or a combination of two or more of those entities,a state agency(an agency of the State of Texas as defined in Section 771.002 of the Texas Government Code, or a similar agency of another state), or a non- profit corporation created and operated to provide one or more governmental functions and services, and(2) it possesses adequate legal authority to enter into this Contract. ARTICLE 2: APPLICABLE LAWS NCTCOG and the Participant agree to conduct all activities under this Agreement in accordance with all applicable rules, regulations,and ordinances and laws in effect or promulgated during the term of this Agreement. ARTICLE 3: WHOLE AGREEMENT This Agreement and any attachments, as provided herein, constitute the complete contract between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. ARTICLE 4: BILLINGS Participant will be billed directly for classified ads placed. The Participant is responsible for total committed dollars,. Any ads placed above the predetermined number shall be pre-approved by Dallas Morning News. All amounts payable are due based on the terms of the invoice and will comply with the terms of the Texas Prompt Payment Act(See Attachment A). ARTICLE 5: PAYMENTS Participant agrees to pay the NCTCOG an annual administrative fee of$350 to fully execute the interlocal agreement. Upon delivery of services purchased, and presentation of a properly documented invoice, the Participant shall promptly based on the terms of the invoice, pay Dallas Morning News the full amount of the invoice. All payments for services will be made from current revenues available to the paying party. In no event shall NCTCOG have any financial liability to the Participant for any services Participant procures through NCTCOG. Payments under this Contract shall be paid solely from funds provided by local governments to NCTCOG for the specific purpose of funding activities related to this Contact. Except as provided above,there shall be no obligation whatsoever to pay for performance of this Contract from the monies of NCTCOG(See Attachment B). (over) ARTICLE 6: CHANGES AND AMENDMENTS This Agreement may be amended only by a written amendment executed by both parties, except that any alternations, additions, or deletions to the terms of this Agreement which are required by changes in Federal and State law or regulations are automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date designated by such law or regulation. NCTCOG reserves the right to make changes in the scope services offered through the Cooperative Purchasing Program to be performed hereunder. ARTICLE 7: TERMINATION PROCEDURES This contract will be automatically extended from year to year unless either party gives notice of intent to terminate agreement thirty days prior to the end of the current term. NCTCOG or the Participant may cancel this Agreement at any time upon thirty (30) days written notice by certified mail to the other party to this Agreement. The obligations of the Participant, including its obligation to pay Dallas Morning News for all costs incurred under this Agreement prior to such notice shall survive such cancellation,as well as any other obligation incurred under this Agreement,until performed or discharged by the Participant. ARTICLE 8: SEVERABILITY All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement,which shall continue in full force and effect. ARTICLE 9: FORCE MAJEURE To the extent that either party to this Agreement shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor,riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed; provided, however, force majeure shall not excuse an obligation solely to pay funds. Determination of force majeure shall rest solely with NCTCOG. ARTICLE 10: VENUE Venue and jurisdiction of any suit or cause of action arising under, or in connection with, this Agreement shall lie exclusively in Tarrant County, Texas. Disputes between procuring party and Vendor are to be resolved in accord with the law and venue rules of the State of purchase. THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS FOLLOWS: *Denotes required fields NOTE: Facsimile copies of this document shall not be acceptable as ORIGINALS. Interstate vl rev. 10/05 • City of Wylie,Texas North Central Texas Council of Governments Name of Participant(local government,agency,or non-profit corporation) 616 Six Flags Drive,Arlington,Texas 76011 * 2000 Highway 78 North Mailing Address *By: * Wylie TX 75098 Signature of Authorized Official City State ZIP Code *By: Typed Name of Authorized Official Signature of Authorized Official * Mindy Manson Typed Title of Authorized Official Date Typed Name of Authorized Official * City Manager 2/26/08 Typed Title of Authorized Official Date INTERLOCAL AGREEMENT FOR COOPERATIVE PURCHASING FOR CLASSIFIED ADVERTISING Calendar Year 2008 ATTACHMENT A Name of Entity: City of Wylie, Texas Total Investment: $ 10,000.00 Number of hotjobs.com postings for CY 2008: N/A (these will be "internet only" ads and not run in the paper) Participant will be billed directly for classified ads placed. The Participant is responsible for total committed dollars. Any ads placed above the predetermined number shall be pre-approved by Dallas Morning News. All amounts payable are due based on the terms of the invoice and will comply with the terms of the Texas Prompt Payment Act. The Dallas Morning News will provide Participant with monthly revenue updates summarizing the advertising revenue spent by Participant. If the $150,000 Dallas Morning News contract is not satisfied by December 31, 2008, then each participant that did not achieve the contracted dollar volume level, as specified in Participant's Attachment A, will be billed and agrees to pay the difference between the amount billed at the discounted rate for the contracted dollar volume level and amount that would have been billed at the rate for the actual dollar volume level. Such amount will be due and payable immediately upon receipt of the invoice. Participant agrees to pay the NCTCOG an annual administrative fee of $350.00 to fully execute the interlocal agreement. Upon delivery of services purchased, and presentation of a properly documented invoice, the Participant shall promptly, based on the terms of the invoice, pay Dallas Morning News the full amount of the invoice. All payments for services will be made from current revenues available to the paying party. In no event shall NCTCOG have any financial liability to the Participant for any services Participant procures through NCTCOG. Entity Representative: Lynn Fagerstrom Initials: LF Please Print NCTCOG Representative: Initials: Please Print INTERLOCAL AGREEMENT FOR COOPERATIVE PURCHASING FOR CLASSIFIED ADVERTISING Calendar Year 2008 ATTACHMENT B FURTHER CONDITIONS OF THIS AGREEMENT 1. The Publisher reserves the right to edit or reject any advertising tendered under this contract. 2. Payment by Participant must be made in Dallas, Texas, and shall be made not later than the 15th of the month for space billed in the preceding calendar month. The Publisher and Participant agree that this contract is performable in Dallas County, Texas. Any amount not paid in full by the due date will be considered overdue and will be collected and accrue interest in accordance with the Texas Prompt Payment Act. 3. The rates of Publisher as set forth in this Agreement are based upon an assumed classification for the advertising being placed. If at any time the Publisher determines that the advertising being placed does not qualify for the rates set forth, then Publisher shall notify Participant that any further inserts run pursuant to this agreement shall be run at a revised rate. Participant agrees to pay to Publisher the revised rate for any insertions run after Participant has received notice that the rate has been revised and has been advised of the amount of the revised rate. If the Participant chooses not to pay the revised rate,then the Participant must so advise Publisher before any additional insertions are run. If the Participant gives notice to Publisher that Participant will not pay the revised rate, then this Agreement shall be terminated and the parties shall have no further liability to each other except for amounts owing for advertising run prior to Publisher's receipt of such notice from Participant. Upon contract termination, all advertising will be billed at the appropriate rate card rates. 4. Advertisements are to be inserted in accordance with the Publisher's rules of composition,position,and shape. 5. If the Participant specifies position, then the Participant agrees to pay the rate for such specific position provided the desired position is available. The Publisher does not agree to accommodate a request for a specified position. If a specified position requested by an Participant is not available, then the Publisher may position the copy in any position according to the Publisher's rules of composition, position and shape unless the Publisher is notified in writing by the Participant that the copy is to be printed only in the specified position and the Participant agrees to pay the applicable rate of any copy printed in other than the specified position. 6. In the event the Participant fails to make payment as agreed, the Publisher and Participant agree that Publisher may at any time discontinue the advertising of Participant and cancel this contract. Cancellation of the contract shall in no way affect the obligation of the Participant to pay amounts due at the time of cancellation. 7. In case of omission or error in an advertisement as presented, the Publisher shall not be liable for damages, but in such event the Participant's sole remedy shall be that the Participant shall not be liable for the entire cost of the advertisement. The publisher will determine the% of effective cost due to error and reduce the entire cost of the ad by this %amount. Publisher is the sole judge. 8. Advertising running consecutively will be carried until new copy is furnished or the advertising is ordered suspended. All orders changing copy or suspending an advertisement must be made in writing. 9. In the event of default or other breach of the Participant in the undertaking herein, and suit thereon, Participant agrees to pay all attorneys fees and costs incurred by Publisher. 10. While this contract is in effect, should any conditions arise which affect the cost of newspaper operation such as, imposition by the Government of a sales tax or increased material or production costs,the Publisher reserves the right to increase the advertising rates named on the reverse side hereof or incorporated, herein by reference. In such event, however, the Publisher must give the Participant at least thirty (30) days' notice thereof and if such increase is not satisfactory to the Participant,then the Participant shall have the privilege of canceling this contract. 11. Participant represents and warrants that the material provided by Participant for publication in accordance with this Agreement is true, accurate, and correct. Participant agrees to indemnify and hold harmless Belo and its directors, officers, agent and employees against and from all claims, exposure, liability, loss, or damage, including reasonable attorney's fees, alleged to be caused by or arising wholly or in part out of the publication of Participant's material hereunder. 12. This contract made and entered into under Publisher's current published schedule of rates in effect on the date hereof, and by reference such schedule is expressly made a part hereof. Participant assumes responsibility for acquainting Participant with such current published schedule of rates and Participant agrees that Participant shall be deemed to know such current published schedule of rates. 13. Participant agrees to submit to Publisher in writing, all claims of errors in the statement of account submitted by Publisher within thirty(30)days of billing date. All such claims not submitted shall be considered waived. 14. In the event that Publisher's form "Application for Credit" has been completed and submitted by Participant in connection with this contract, Participant warrants that the information contained therein is true and correct, and agrees that the making of any false statements therein constitutes a material breach of this agreement. 15. Any Application for Credit executed by Participant is hereby made a part of this Contract and incorporated herein fully by reference. 16. The Participant, and the person signing in Participant's behalf if any, warrants they have the authority to make and sign this agreement. 17. The Participant agrees to assume liability for and make payment for all advertising published pursuant hereto in the event the Participant's business is sold, merged or otherwise transferred, until such time as a contract is entered into between Publisher and the new owner. 18. Space contracts and frequency contracts are automatically renewed for successive periods of one (1)year rates in effect at time of renewal. Either party may decline such renewal by written notice to the other thirty days prior to the expiration date of the current contract.One-time frequency contracts will not be renewed automatically. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: February 26, 2008 Item Number: E Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: February 14, 2008 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider, and place on file, the Monthly Revenue and Expenditure Reports for the City of Wylie as of January 31, 2008. Recommendation Motion to accept, and place on file, the Monthly Revenue and Expenditure Reports for the City of Wylie as of January 31, 2008. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Approved By Initial Date Department Director LW 2(14/08 City Manager ' I� 1 f i7% Page 1 of 1 CITY OF WYLI E MONTHLY FINANCIAL REPORT AS OF: JANUARY 31, 2008 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2007-2008 2007-2008 2007-2008 YTD ACTUAL GENERAL FUND REVENUE SUMMARY TAXES 14,502,020 9,688,981.64 10,159,837.15 470,856 A FRANCHISE FEES 1,980,000 62,614.00 41,447.88 -21,166 LICENSES AND PERMITS 977,750 283,418.20 221,560.04 -61,858 INTERGOVERNMENTAL REV. 451,110 83,159.62 148,321.99 65,162 SERVICE FEES 2,262,140 664,429.16 835,624.67 171,196 B FINES AND FORFEITURES 551,000 188,073.20 174,937.28 -13,136 INTEREST INCOME 250,000 83,333.36 63,945.49 -19,388 MISCELLANEOUS INCOME 78,500 26,156.20 24,299.48 -1,857 OTHER FINANCING SOURCES 455,000 1,666.64 480,052.20 478,386 TOTAL REVENUES 21,507,520 11,081,832 12,150,026 1,068,194 GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 139,200 46,400.08 58,039.48 11,639 CITY MANAGER 721,160 303,120.00 219,843.29 -83,277 C CITY SECRETARY 254,176 84,725.48 73,222.22 -11,503 CITY ATTORNEY 133,000 44,333.36 47,405.79 3,072 FINANCE 678,460 226,153.36 224,869.90 -1,283 FLEET& FACILITIES SVC 243,300 81,100.00 110,352.54 29,253 MUNICIPAL COURT 328,818 109,606.16 99,513.74 -10,092 HUMAN RESOURCES 200,740 66,913.44 68,744.30 1,831 PURCHASING 102,786 34,261.92 37,359.65 3,098 INFORMATION TECHNOLOGY 385,700 128,566.72 161,568.83 33,002 POLICE 4,468,740 1,489,570.77 1,534,688.68 45,118 FIRE 4,562,352 1,520,784.08 1,452,763.90 -68,020 ANIMAL CONTROL 267,200 89,066.72 77,477.14 -11,590 PLANNING 407,020 135,673.28 111,709.66 -23,964 BUILDING INSPECTION 722,160 240,720.00 214,759.05 -25,961 CODE ENFORCEMENT 154,790 51,596.72 37,222.88 -14,374 STREETS 1,630,040 350,576.70 316,158.68 -34,418 PARKS 1,489,210 496,403.28 427,814.77 -68,589 RECREATION 318,845 106,281.64 13,929.14 -92,353 LIBRARY 709,106 236,368.56 262,438.19 26,070 COMBINED SERVICES 3,646,600 1,742,199.92 1,705,179.93 -37,020 TOTAL EXPENDITURES 21,563,403 7,584,422 7,255,062 -329,360 REVENUES OVER/(UNDER) EXPENDITURI -55,883 3,497,410 4,894,964 1,397,555 A.Additional 5.89% of advalorem revenue received to date in comparison to last year. B. Development Fees have been received earlier than in the year's past. C. Cost savings attributed to staffing changes. CITY OF WYLIE MONTHLY FINANCIAL REPORT AS OF: JANUARY 31, 2008 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2007-2008 2007-2008 2007-2008 YTD ACTUAL UTILITY FUND REVENUES SUMMARY SERVICE FEES 8,617,000 2,872,333.20 2,859,957.22 -12,376 D INTEREST INCOME 200,000 66,666.64 47,667.52 -18,999 MISCELLANEOUS INCOME 30,000 10,000.00 13,324.46 3,324 OTHER FINANCING SOURCES 1,707,000 1,707,000.00 1,707,000.00 0 TOTAL REVENUES 10,554,000 4,656,000 4,627,949 -28,051 UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 548,770 182,923.52 181,289.54 -1,634 UTILITIES-WATER 1,081,020 360,340.00 326,500.65 -33,839 CITY ENGINEER 455,226 151,742.08 142,793.51 -8,949 UTILITIES-SEWER 497,980 165,993.36 153,013.00 -12,980 UTILITY BILLING 774,914 258,304.80 246,066.12 -12,239 COMBINED SERVICES 7,297,620 1,863,256.72 2,054,007.17 190,750 TOTAL EXPENDITURES 10,655,530 2,982,560 3,103,670 121,110 REVENUES OVER/(UNDER) EXPENDITURI -101,530 1,673,439 1,524,279 -149,160 D. Water Tap Fee Revenue is short by 33% in comparison to last year. Water Tap Fees are generated from a charge for each new tapping of water mains for a connection. 7A1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 02-26-08 Item Number: F Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 02-14-08 Budgeted Amount: Exhibits: 1 Subject Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of January 31, 2008. Recommendation Motion to accept, and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of January 31, 2008. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on February 15, 2008. Approved By Initial Date Department Director SS 2/ 4/0 City Manager /' I Q 2 O Page 1 of 1 2-12-2008 04:10 PM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: JANUARY 31ST, 2008 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE ASSETS 1000-10110 CLAIM ON CASH AND CASH EQUIV. 270,767.70 1000-10115 CASH-WEDC-INWOOD 0.00 1000-10135 INWOOD BANK-ESCROW 0.00 1000-10180 DEPOSITS (EARNEST MONEY) 0.00 1000-10198 OTHER-MISC CLEARING 0.00 1000-10341 TEXPOOL 0.00 1000-10343 LOGIC 0.00 1000-10481 INTEREST RECEIVABLE 671.23 1000-11511 ACCOUNTS REC - MISC 0.00 1000-11517 ACCTS REC - SALES TAX 0.00 1000-12996 LOAN REC - JACOBY 0.00 1000-12997 ACCTS REC - JTM TECH 0.00 1000-14112 INVENTORIES - MATERIAL/SUPPLY 0.00 1000-14116 INVENTORY - LAND 2,477,510.16 1000-14118 INVENTORY - BAYCO - SANDEN BLV 0.00 1000-14310 PREPAID EXPENSES 0.00 1000-14410 DEFERRED CHARGE 195,610.00 2,944,559.09 TOTAL ASSETS 2,944,559.09 LIABILITIES 2000-20110 FEDERAL INCOME TAX PAYABLE 901.93 2000-20111 MEDICARE PAYABLE 90.09 2000-20112 CHILD SUPPORT PAYABLE 0.00 2000-20113 CREDIT UNION PAYABLE 0.00 2000-20114 IRS LEVY PAYABLE 0.00 2000-20115 NATIONWIDE DEFERRED COMP 0.00 2000-20116 HEALTH INSUR PAY-EMPLOYEE ( 46.29) 2000-20117 TMRS PAYABLE 450.42 2000-20118 ROTH IRA PAYABLE 0.00 2000-20119 WORKERS COMP PAYABLE 0.00 2000-20120 FICA PAYABLE 385.25 2000-20121 TEC PAYABLE 0.00 2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 2000-20123 ALIMONY PAYABLE 0.00 2000-20124 BANKRUPTCY PAYABLE 0.00 2000-20125 VALIC DEFERRED COMP 0.00 2000-20126 ICMA PAYABLE 0.00 2000-20151 ACCRUED WAGES PAYABLE 0.00 2000-20180 ADDIT EMPLOYEE INSUR PAY ( 287.35) 2000-20199 MISC PAYROLL PAYABLE 0.00 2000-20201 AP PENDING 2,106.66 2000-20210 ACCOUNTS PAYABLE 0.00 2000-20540 NOTES PAYABLE 195,610.00 2000-20810 DUE TO GENERAL FUND 0.00 2000-22270 DEFERRED REVENUE 0.00 TOTAL LIABILITIES 199,210.71 2-12-2008 04:10 PM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: JANUARY 31ST, 2008 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE EQUITY 3000-34590 FUND BALANCE-UNRESERV/UNDESIG 2,523,709.23 TOTAL BEGINNING EQUITY 2,523,709.23 TOTAL REVENUE 507,268.01 TOTAL EXPENSES 285,628.86 REVENUE OVER/(UNDER) EXPENSES 221,639.15 TOTAL EQUITY & OVER/(UNDER) 2,745,348.38 TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 2,944,559.09 2-12-2008 04:10 PM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: JANUARY 31ST, 2008 922-GEN LONG TERM DEBT (WEDC) ACCOUNT# TITLE ASSETS 1000-10312 GOVERNMENT NOTES 0.00 1000-18110 LOAN WEDC 0.00 1000-18120 Loan-Birmingham 0.00 1000-18210 AMOUNT TO BE PROVIDED 0.00 1000-18220 Birmingham Loan 0.00 0.00 TOTAL ASSETS 0.00 LIABILITIES 2000-20310 COMPENSATED ABSENCES PAYABLE 27,318.01 2000-21410 ACCRUED INTEREST PAYABLE 0.00 2000-28205 WEDC LOANS-CURRENT 192,936.81 2000-28220 BIRMINGHAM LOAN 28,210.96 2000-28230 INWOOD LOAN 622,180.76 2000-28240 HUGHES LOAN PAYABLE 282,547.56 2000-28250 CITY OF WYLIE LOAN 60,017.70 2000-28260 PRIME KUTS LOAN 213,006.04 2000-28270 BOWLAND/ANDERSON LOAN 67,067.03 TOTAL LIABILITIES 1,493,284.87 EQUITY 3000-34590 FUND BALANCE ( 1,493,284.87) TOTAL BEGINNING EQUITY ( 1,493,284.87) TOTAL REVENUE 0.00 TOTAL EXPENSES 0.00 REVENUE OVER/(UNDER) EXPENSES 0.00 TOTAL EQUITY & OVER/(UNDER) ( 1,493,284.87) TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 0.00 2-12-2008 04:11 PM CITY OF WYLIE PAGE: 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: JANUARY 31ST, 2008 111-WYLIE ECONOMIC DEVEL CORP FINANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 1,300,000.00 89,898.13 0.00 172,282.22 0.00 1,127,717.78 13.25 INTEREST INCOME 9,000.00 870.49 0.00 3,530.79 0.00 5,469.21 39.23 MISCELLANEOUS INCOME 62,400.00 5,800.00 0.00 22,705.00 0.00 39,695.00 36.39 OTHER FINANCING SOURCES 0.00 0.00 0.00 308,750.00 0.00 ( 308,750.00) 0.00 TOTAL REVENUES 1,371,400.00 96,568.62 0.00 507,268.01 0.00 864,131.99 36.99 EXPENDITURE SUMMARY DEVELOPMENT CORP-WEDC 1,628,443.00 66,075.57 0.00 285,628.96 8.77 1,342,805.37 17.54 TOTAL EXPENDITURES 1,628,443.00 66,075.57 0.00 285,628.86 8.77 1,342,805.37 17.54 REVENUE OVER/(UNDER) EXPENDITURES ( 257,043.00) 30,493.05 0.00 221,639.15 ( 8.77) ( 478,673.38) 86.22- 2-12-2008 04:11 PM CITY OF WYLIE PAGE: 2 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: JANUARY 31ST, 2008 111-WYLIE ECONOMIC DEVEL CORP REVENUES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET TAXES 4000-40210 SALES TAX 1,300,000.00 89,898.13 0.00 172,262.22 0.00 1,127,717.78 13.25 TOTAL TAXES 1,300,000.00 89,898.13 0.00 172,282.22 0.00 1,127,717.78 13.25 INTEREST INCOME 4000-46050 CERTIFICATE OF DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46110 ALLOCATED INTEREST EARNINGS 9,000.00 870.49 0.00 3,530.79 0.00 5,469.21 39.23 4000-46140 TEXPOOL INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46143 LOGIC INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46210 BANK MONEY MARKET INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL INTEREST INCOME 9,000.00 870.49 0.00 3,530.79 0.00 5,469.21 39.23 MISCELLANEOUS INCOME 4000-48110 RENTAL INCOME 62,400.00 5,800.00 0.00 20,800.00 0.00 41,600.00 33.33 4000-48310 RECOVERY - PRIOR YEAR EXPEN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-48410 MISC INCOME 0.00 0.00 0.00 1,905.00 0.00 ( 1,905.00) 0.00 4000-48430 GAIN ON SALE OF PROPERTY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MISCELLANEOUS INCOME 62,400.00 5,800.00 0.00 22,705.00 0.00 39,695.00 36.39 OTHER FINANCING SOURCES 4000-49160 TRANSFER FROM GENERAL FUND 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-49325 BANK NOTE PROCEEDS 0.00 0.00 0.00 308,750.00 0.00 ( 308,750.00) 0.00 TOTAL OTHER FINANCING SOURCES 0.00 0.00 0.00 306,750.00 0.00 ( 308,750.00) 0.00 TOTAL REVENUES 1,371,400.00 96,568.62 0.00 507,268.01 0.00 864,131.99 36.99 2-12-2008 04:11 PM CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: JANUARY 31ST, 2008 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5611-51110 SALARIES 170,922.00 11,993.98 0.00 50,904.80 0.00 120,017.20 29.78 5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51140 LONGEVITY PAY 660.00 0.00 0.00 676.00 0.00 ( 16.00) 102.42 5611-51145 SICK LEAVE BUYBACK 1,799.00 0.00 0.00 1,799.28 0.00 ( 0.28) 100.02 5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51210 CAR ALLOWANCE 8,400.00 646.16 0.00 2,746.18 0.00 5,653.82 32.69 5611-51220 PHONE ALLOWANCE 2,976.00 228.92 0.00 973.06 0.00 2,002.94 32.70 5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 16,609.00 602.91 0.00 4,569.67 0.00 12,039.33 27.51 5611-51410 HOSPITAL & LIFE INSURANCE 14,975.00 3,004.40 0.00 7,576.28 0.00 7,398.72 50.59 5611-51420 LONG-TERM DISABILITY 974.00 73.62 0.00 184.05 0.00 789.95 18.90 5611-51440 FICA 10,990.00 770.50 0.00 1,282.81 0.00 9,707.19 11.67 5611-51450 MEDICARE 2,679.00 180.18 0.00 711.56 0.00 1,967.44 26.56 5611-51470 WORKERS COMP PREMIUM 548.00 0.00 0.00 548.00 0.00 0.00 100.00 5611-51480 UNEMPLOYMENT COMP (TWC) 540.00 0.00 0.00 0.00 0.00 540.00 0.00 TOTAL PERSONNEL SERVICES 232,072.00 17,500.67 0.00 71,971.69 0.00 160,100.31 31.01 SUPPLIES 5611-52010 OFFICE SUPPLIES 15,000.00 625.85 0.00 1,031.89 0.00 13,968.11 6.88 5611-52040 POSTAGE 2,220.00 107.30 0.00 217.94 0.00 2,002.06 9.82 5611-52130 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUPPLIES 6,300.00 420.57 0.00 511.06 0.00 5,788.94 8.11 5611-52990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 23,520.00 1,153.72 0.00 1,760.89 0.00 21,759.11 7.49 MATERIALS FOR MAINTENANC 5611-54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-54810 COMPUTER HARD/SOFTWARE 3,000.00 30.00 0.00 570.00 0.00 2,430.00 19.00 5611-54990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MATERIALS FOR MAINTENANC 3,000.00 30.00 0.00 570.00 0.00 2,430.00 19.00 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 255,855.00 0.00 0.00 9,450.00 0.00 246,405.00 3.69 5611-56040 SPECIAL SERVICES 41,471.00 3,738.30 0.00 14,552.44 0.00 26,918.56 35.09 5611-56080 ADVERTISING 33,000.00 2,560.52 0.00 11,039.87 0.00 21,960.13 33.45 5611-56090 COMMUNITY DEVELOPMENT 53,291.00 1,425.00 0.00 19,849.43 0.00 33,441.57 37.25 5611-56110 COMMUNICATIONS 4,950.00 232.76 0.00 798.10 0.00 4,151.90 16.12 5611-56180 RENTAL 17,100.00 1,336.13 0.00 5,841.17 0.00 11,258.83 34.16 5611-56210 TRAVEL AND TRAINING 37,128.00 3,124.34 0.00 4,476.56 0.00 32,651.44 12.06 5611-56250 DUES & SUBSCRIPTIONS 6,280.00 0.00 0.00 2,517.95 0.00 3,762.05 40.09 5611-56310 INSURANCE 2,500.00 0.00 0.00 0.00 0.00 2,500.00 0.00 5611-56510 AUDIT AND LEGAL SERVICES 12,560.00 3,270.25 0.00 8,780.69 0.00 3,779.31 69.91 5611-56570 ENGINEERING - ARCHITECT SVC 30,000.00 0.00 0.00 2,306.00 0.00 27,694.00 7.69 5611-56610 UTILITIES - ELECTRIC 4,000.00 693.13 0.00 935.50 8.77 3,055.73 23.61 TOTAL CONTRACTUAL SERVICES 498,135.00 16,380.43 0.00 80,547.71 8.77 417,578.52 16.17 2-12-2008 04:11 PM CITY OF WYLIE PAGE: 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: JANUARY 31ST, 2008 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 8 OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE & CAP. REPL 5611-57110 DEBT SERVICE 297,198.00 24,216.77 0.00 92,981.95 0.00 204,216.05 31.29 5611-57710 BAD DEBT EXPENSE 0.00 0.00 0.00 16.52 0.00 ( 16.52) 0.00 TOTAL DEBT SERVICE & CAP. REPL 297,198.00 24,216.77 0.00 92,998.47 0.00 204,199.53 31.29 CAPITAL OUTLAY 5611-58110 LAND 481,250.00 0.00 0.00 142,372.95 0.00 338,877.05 29.58 5611-58120 DEVELOPMENT FEES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58210 STREETS & ALLEYS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58810 COMPUTER HARD/SOFTWARE 1,500.00 0.00 0.00 0.00 0.00 1,500.00 0.00 5611-58830 FURNITURE & FIXTURES 5,000.00 ( 19.98) 0.00 5,524.26 0.00 ( 524.26) 110.49 5611-58995 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 ( 142,372.95) 0.00 142,372.95 0.00 TOTAL CAPITAL OUTLAY 487,750.00 ( 19.98) 0.00 5,524.26 0.00 482,225.74 1.13 OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 86,768.00 6,813.96 0.00 32,255.84 0.00 54,512.16 37.17 5611-59990 PROJECT ACCOUNTING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING (USES) 86,768.00 6,813.96 0.00 32,255.84 0.00 54,512.16 37.17 TOTAL DEVELOPMENT CORP-WEDC 1,628,443.00 66,075.57 0.00 285,628.86 8.77 1,342,805.37 17.54 TOTAL EXPENDITURES 1,628,443.00 66,075.57 0.00 285,628.86 8.77 1,342,805.37 17.54 REVENUE OVER (UNDER) EXPENDITURES ( 257,043.00) 30,493.05 0.00 221,639.15 ( 8.77) ( 478,673.38) 86.22- *** END OF REPORT *** Wylie Economic Development Corporation Balance Sheet Sub ledger January 31, 2008 Notes Payable Payment Principal Interest Principal Balance December 31, 2007 $1,489,709.04 December Inwood(#27 of 120) $10,614.38 $7,319.77 3,294.61 $680,738.21 Birmingham(#47 of 60) 5,741.48 5,292.48 449.00 71,678.09 Hughes(#18 of 120) 3,774.70 2,258.28 1,516.42 301,025.18 City of Wylie(#7 of 24) 6,813.96 6,303.73 510.23 111,440.94 Prime Kuts(#3 of 120) 2,539.59 1,409.84 1,129.76 224,541.50 Bowland(#3 of 60) 773.31 579.06 194.25 38,271.45 Anderson(#3 of 60) 773.31 579.06 194.25 38,271.45 January 31, 2008 $1,465,966.82 Wylie Economic Development Corporation Balance Sheet Subledger January 31, 2008 Inventory-Land Address Acreage Improvements (sq.ft.) Cost Basis McMasters 709 Cooper 0.48 n/a 202,045.00 Heath 706 Cooper 0.46 3,625 186,934.22 Perry 707 Cooper 0.491 n/a 200,224.00 Bowland/Anderson Cooper Dr. 0.372 n/a 106,418.50 Hughes 211 -212 Industrial 0.74 10,000 420,361.21 R.O.W. 0.18 41,585.26 Prime Kuts 207 Industrial 0.20 4,550 229,284.00 R.O.W. 0.11 n/a 77,380.45 Ferrell 2806 F.M. 544 1.09 n/a 239,372.00 Sale of R.O.W. -0.09 -20,094.48 Premier Plaza Martinez Lane 25.00 n/a 639,000.00 Premier Industrial Park Hensley 3.2 n/a 155,000.00 Total 32.23 2,477,510.16 *A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes owed and therefore not part of the land value. WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF JANUARY 2008 MONTH WEDC WEDC WEDC DIFF % DIFF 2006 2007 2008 07 VS 08 07 VS 08 DECEMBER $74,957 $82,910 $82,384 -$526 -0.70% JANUARY 74,764 86,614 89,898 $3,284 4.39% FEBRUARY 110,794 121,615 MARCH 88,544 83,172 APRIL 67,714 81,377 MAY 113,042 124,616 JUNE 86,454 86,779 J U LY 89,148 90,996 AUGUST 122,188 114,655 SEPTEMBER 69,876 99,715 OCTOBER 78,861 91,185 NOVEMBER 122,383 124,515 Sub-Total $1,098,726 $1,188,149 $172,282 $2,759 1.63% AUDIT ADJ TOTAL $1,098,726 $1,188,149 $172,282 $2,759 1.63% WEDC SALES TAX ANALYSIS $140,000 $120,000 - "- $100,000 - 4 $80,000 ' - \ T - � - - ;- %0 2007 $60,000 ,- ,i 0 ' w- ■2008 $40,000 - ' , - ;; `= -` ' , $20,000 -, '4 $0 t - E E ' Q 2 -, , E o E 0 � m a 0 'o a C. Z 71 Wylie City Council CITY OF WYLIE AGENDA REPORT 1 Meeting Date: February 26, 2008 Item Number: 1 Department: Police Department (City Secretary's Use Only) Prepared By: Chief John Duscio Account Code: Date Prepared: February 4, 2008 Budgeted Amount: Exhibits: Report by Dr. Del Carmen Subject Review, and place on file, the Wylie Police Department 2007 Annual Traffic Contact Report. Recommendation Motion to accept, and place on file, the Wylie Police Department 2007 Annual Traffic Contact Report. Discussion Texas Senate Bill (SB 1074) requires police departments to collect traffic-related contact data and to report the contact data to their governing body every year, no later then March of the following year. The 2007 Wylie Police Department Annual Traffic Contact Report meets and exceeds all requirements of SB 1074. Approved By Initial Date Department Director JD 02-04-08 City Manager A1\1\1\ �Ja I f Page 1 of 1 as urrj It k v .�1� n, , Fx P� I,/ 1 y' POLICE V lepr ii Y' TO: Mindy Manson City Manager FROM: John Duscio Chief of Police DATE: January 30,2008 SUBJECT: 2007 Traffic Contact Report 2007 Traffic Stop Data Report In September 2001 legislation was enacted to address Racial Profiling in Texas. Senator Royce West introduced SB 1074 which: ❑ Defined Racial Profiling ❑ Outlined procedures to be followed by Police Departments ❑ Established reporting and training requirements Definition: Racial Profiling is a law enforcement initiated action based solely on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. Procedures: Establish policy prohibiting Racial Profiling- Completed Establish procedures to file a complaint- Completed Educate the public on Racial Profiling and complaint procedures Completed Use of Video/Audio Equipment - Completed All officers attend training course on Racial Profiling- Completed Present data to City Council by March 1, 2006 Completed Since January 2001 the Wylie Police Department has been collecting police contact data for the purpose of identifying and responding, if necessary,to concerns regarding racial profiling practices. The statistical (Tier 1) data was presented to a criminologist, Dr. Alex Del Carmen, for review. (Both the Texas Police Chiefs Association and the Law Enforcement Management Institute of Texas endorse Dr. Del Carmen.) The Tier 1 data included: A) Race and ethnicity of individuals contacted B) Whether a search was conducted C) If there was a search,whether it was a consent search or a probable cause search D) Whether a custody arrest took place 2007 Contacts The Wylie Police Department had a total of 9,249 contacts in 2007. Traffic-Related Contact Information (1/1/07-12/31/07) Race/Ethnici Contacts % Caucasian 6,573 71 African 968 10 Hispanic 1,449 16 Asian 187 2 Native American 1 .01 Other 71 .8 Total 9,249 100 Black4sian 11% 2% Hispanic `I 16% White 71% 2007 Searches Of the 9,249 contacts, only 349 (3.77%) searches were conducted Race/Ethnicity Searches Consensual Probable Cause Caucasian 254 98 156 African American 37 15 22 Hispanic 53 12 41 Asian 4 0 4 Native American 0 0 0 Other 1 0 1 Total 349 125 224 BlackAsian 11% 1% Hispanic 'I 15% White 73% 2007 Traffic Arrests Of the 9,249 contacts, only 274 (3%)were arrested. Race/Ethnicity Arrests Caucasian 181 African American 32 Hispanic 56 Asian 3 Native American 0 Other 2 Total 274 BlackAsian 12% 1% Hispanic 'l 21% White 66% Six-Year Tier 1 Data Comparison Comparison of Six-Year Traffic-Related Contact Information in Percentages (1/1/02---12/31/07) 80 70 60 � ■ Caucasian 50 ■African 40 ® ❑ Hispanic 30 � - ❑Asian 20 ■ ■ Nat. Amer. 10 I 0 other I _ iI 0 2002 2003 2004 2005 2006 2007 Complaints of Racial Profiling The Wylie Police Department received two complaints of Racial Profiling on two members of its police force. Both complaints were investigated and cleared Unfounded. Dr. Del Carmen's Summary Statement: "The Wylie Police Department continues to address the issue of racial profiling in a serious manner. It is clear, from its approach to the collection and analysis of traffic related data; that it is committed at identifying and addressing (if necessary) areas of concern with respect to the profiling of minority motorists. As it is evident in this report, the Wylie Police Department has, once again, complied with the Texas Racial Profiling Law(SB 1074)." - Dr. Alex Del Carmen The Wylie Police Department Annual Traffic Contact Report (2007) �, \ittii•L 1111 Ay do 41; dlt 4t gf 111, Del Carmen Consulting, LLC (I) Introduction Opening Statement January 5, 2008 Wylie City Council 2000 State Highway 78 North Wylie, Texas 75098 Dear Distinguished Members of the City Council, The topic of racial profiling is considered by some as one of the most pressing themes currently affecting law enforcement agencies in the United States. In 2001, the Texas legislature, in an attempt to address the issue of racial profiling in policing, passed the Texas Racial Profiling Law. Since becoming effective, the Wylie Police Department, in accordance with the law, has collected and reported traffic-related contact data for the purpose of identifying and addressing(if necessary) areas of concern regarding racial profiling practices among police officers. In this report, you will find three sections that contain information on traffic- related contact data along with documentation which aims at demonstrating the manner in which the Wylie Police Department has complied with the Texas Racial Profiling Law. Specifically, in section 1, you will find the table of contents in addition to the Texas Senate Bill (SB 1074) which later became the Texas Racial Profiling Law. Also, in this section, a list of requirements relevant to the Racial Profiling Law as established by TCLEOSE (Texas Commission on Law Enforcement Officer Standards and Education) is included. In addition, you will find, in sections 2 and 3, documentation which demonstrates compliance by the Wylie Police Department relevant to the requirements as established in the Texas Racial Profiling Law. That is, documents relevant to the implementation of an institutional policy banning racial profiling,the implementation of a racial profiling complaint process (which has been disclosed to the public), and the training administered to all law enforcement personnel, are included. The final component of this report provides statistical data relevant to contacts, made during the course of traffic stops, between 1/1/06 and 12/31/07. This information has been analyzed and compared to data derived from the U.S. Census Bureau's Fair Roads Standard and to traffic-based contact data collected between 2002 and 2006. The final analysis and recommendations are also included in this report. It is my most sincere hope that the findings presented in this report serve as evidence of the Wylie Police Department's commitment to comply with the Texas Racial Profiling Law. Sincerely, Alex del Carmen, Ph.D. Del Carmen Consulting, LLC Table of Contents Table of Contents (I) Introduction a) Opening Statement b) Table of Contents c) TCLEOSE Guidelines d) The Texas Law on Racial Profiling (S.B. 1074) (II) Responding to the Texas Racial Profiling Law a) Institutional Policy on Racial Profiling b) Educational Campaign Relevant to the Complaint Process— Addressing Allegations of Racial Profiling Practices c) Racial Profiling Training of Law Enforcement Personnel d) Report on Complaints Filed Against Officers for Violating the Racial Profiling Law(includes outcome of investigation) e) Police (Traffic-Related) Contact Information Table (2007) f) Table Depicting Baseline Comparison(2007) g) Six-Year Data Assessment(02-07) h) Analysis and Interpretation of Data(2007) (III) Summary a) Checklist b) Contact Information TCLEOSE GUIDELINES IGuidelines for Compiling and Reporting Data under Senate Bill 1074 Background Senate Bill 1074 of the 77th Legislature established requirements in the Texas Code of Criminal Procedure (TCCP) for law enforcement agencies. The Commission developed this document to assist agencies in complying with the statutory requirements. The guidelines are written in the form of standards using a style developed from accreditation organizations including the Commission on Accreditation for Law Enforcement Agencies (CALEA). The standards provide a description of what must be accomplished by an agency but allows wide latitude in determining how the agency will achieve compliance with each applicable standard. Each standard is composed of two parts: the standard statement and the commentary. The standard statement is a declarative sentence that places a clear-cut requirement, or multiple requirements, on an agency. The commentary supports the standard statement but is not binding. The commentary can serve as a prompt, as guidance to clarify the intent of the standard, or as an example of one possible way to comply with the standard. Standard 1 Each law enforcement agency has a detailed written directive that: • clearly defines acts that constitute racial profiling; • strictly prohibits peace officers employed by the agency from engaging in racial profiling; • implements a process by which an individual may file a complaint with the agency if the individual believes a peace officer employed by the agency has engaged in racial profiling with respect to the individual filing the complaint; • provides for public education relating to the complaint process; • requires appropriate corrective action to be taken against a peace officer employed by the agency who, after investigation, is shown to have engaged in racial profiling in violation of the agency's written racial profiling policy; and • requires the collection of certain types of data for subsequent reporting. Commentary Article 2.131 of the TCCP prohibits officers from engaging in racial profiling,and article 2.132 of the TCCP now requires a written policy that contains the elements listed in this standard. The article also specifically defines a law enforcement agency as it applies to this statute as an"agency of the state,or of a county,municipality,or other political subdivision of the state,that employs peace officers who make traffic stops in the routine performance of the officers' official duties." The article further defines race or ethnicity as being of "a particular descent, including Caucasian, African,Hispanic,Asian,or Native American." The statute does not limit the required policies to just these ethnic groups. This written policy is to be adopted and implemented no later than January 1,2002. Standard 2 Each peace officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic, or who stops a pedestrian for any suspected offense reports to the employing law enforcement agency information relating to the stop, to include: • a physical description of each person detained, including gender and the person's race or ethnicity, as stated by the person, or, if the person does not state a race or ethnicity, as determined by the officer's best judgment; • the traffic law or ordinance alleged to have been violated or the suspected offense; • whether the officer conducted a search as a result of the stop and, if so, whether the person stopped consented to the search; • whether any contraband was discovered in the course of the search, and the type of contraband discovered; • whether probable cause to search existed, and the facts supporting the existence of that probable cause; • whether the officer made an arrest as a result of the stop or the search, including a statement of the offense charged; • the street address or approximate location of the stop; and • whether the officer issued a warning or citation as a result of the stop, including a description of the warning or a statement of the violation charged. Commentary The information required by 2.133 TCCP is used to complete the agency reporting requirements found in Article 2.134. A peace officer and an agency may be exempted from this requirement under Article 2.135 TCCP Exemption for Agencies Using Video and Audio Equipment. An agency may be exempt from this reporting requirement by applying for the funds from the Depai tinent of Public Safety for video and audio equipment and the State does not supply those funds. Section 2.135 (a)(2)states,"the governing body of the county or municipality served by the law enforcement agency,in conjunction with the law enforcement agency,certifies to the Department of Public Safety,not later than the date specified by rule by the department,that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection(a)(1)(A)and the agency does not receive from the state funds for video and audio equipment sufficient,as determined by the department,for the agency to accomplish that purpose." Standard 3 The agency compiles the information collected under 2.132 and 2.133 and analyzes the information identified in 2.133. Commentary Senate Bill 1074 from the 77th Session of the Texas Legislature created requirements for law enforcement agencies to gather specific information and to report it to each county or municipality served. New sections of law were added to the Code of Criminal Procedure regarding the reporting of traffic and pedestrian stops. Detained is defined as when a person stopped is not free to leave. Article 2.134 TCCP requires the agency to compile and provide and analysis of the information collected by peace officer employed by the agency. The report is provided to the governing body of the municipality or county no later than March 1 of each year and covers the previous calendar year. There is data collection and reporting required based on Article 2.132 CCP(tier one)and Article 2.133 CCP(tier two). The minimum requirements for"tier one"data for traffic stops in which a citation results are: 1) the race or ethnicity of individual detained(race and ethnicity as defined by the bill means of"a particular descent,including Caucasian,African,Hispanic,Asian,or Native American"); 2) whether a search was conducted,and if there was a search,whether it was a consent search or a probable cause search;and 3) whether there was a custody arrest. The minimum requirements for reporting on"tier two"reports include traffic and pedestrian stops. Tier two data include: 1) the detained person's gender and race or ethnicity; 2) the type of law violation suspected,e.g.,hazardous traffic,non-hazardous traffic,or other criminal investigation(the Texas Department of Public Safety publishes a categorization of traffic offenses into hazardous or non-hazardous); 3) whether a search was conducted,and if so whether it was based on consent or probable cause; 4) facts supporting probable cause; 5) the type, if any,of contraband that was collected; 6) disposition of the stop,e.g.,arrest,ticket,warning,or release; 7) location of stop;and 8) statement of the charge,e.g.,felony,misdemeanor,or traffic. Tier one reports are made to the governing body of each county or municipality served by the agency an annual report of information if the agency is an agency of a county,municipality,or other political subdivision of the state. Tier one and two reports are reported to the county or municipality not later than March 1 for the previous calendar year beginning March 1,2003. Tier two reports include a comparative analysis between the race and ethnicity of persons detained to see if a differential pattern of treatment can be discerned based on the disposition of stops including searches resulting from the stops. The reports also include information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. An agency may be exempt from the tier two reporting requirement by applying for the funds from the Department of Public Safety for video and audio equipment and the State does not supply those funds [See 2.135 (a)(2)TCCP]. Reports should include both raw numbers and percentages for each group. Caution should be exercised in interpreting the data involving percentages because of statistical distortions caused by very small numbers in any particular category,for example, if only one American Indian is stopped and searched,that stop would not provide an accurate comparison with 200 stops among Caucasians with 100 searches. In the first case,a 100%search rate would be skewed data when compared to a 50%rate for Caucasians. Standard 4 If a law enforcement agency has video and audio capabilities in motor vehicles regularly used for traffic stops, or audio capabilities on motorcycles regularly used to make traffic stops, the agency: • adopts standards for reviewing and retaining audio and video documentation; and • promptly provides a copy of the recording to a peace officer who is the subject of a complaint on written request by the officer. Commentary The agency should have a specific review and retention policy. Article 2.132 TCCP specifically requires that the peace officer be promptly provided with a copy of the audio or video recordings if the officer is the subject of a complaint and the officer makes a written request. Standard 5 Agencies that do not currently have video or audio equipment must examine the feasibility of installing such equipment. Commentary None Standard 6 Agencies that have video and audio recording capabilities are exempt from the reporting requirements of Article 2.134 TCCP and officers are exempt from the reporting requirements of Article 2.133 TCCP provided that: • the equipment was in place and used during the proceeding calendar year; and • video and audio documentation is retained for at least 90 days. Commentary The audio and video equipment and policy must have been in place during the previous calendar year. Audio and video documentation must be kept for at least 90 days or longer if a complaint has been filed. The documentation must be retained until the complaint is resolved. Peace officers are not exempt from the requirements under Article 2.132 TCCP. Standard 7 Agencies have citation forms or other electronic media that comply with Section 543.202 of the Transportation Code. Commentary Senate Bill 1074 changed Section 543.202 of the Transportation Code requiring citations to include: • race or ethnicity,and • whether a search of the vehicle was conducted and whether consent for the search was obtained. The Texas Law on Racial Profiling S.B. No. 1074 AN ACT relating to the prevention of racial profiling by certain peace officers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by adding Articles 2.131 through 2.138 to read as follows: Art. 2.131. RACIAL PROFILING PROHIBITED. A peace officer may not engage in racial profiling. Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. (a) In this article: (1) "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make traffic stops in the routine performance of the officers' official duties. (2) "Race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, or Native American descent. (b) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1) clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency's complaint process; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require collection of information relating to traffic stops in which a citation is issued and to arrests resulting from those traffic stops, including information relating to: (A) the race or ethnicity of the individual detained; and (B) whether a search was conducted and, if so, whether the person detained consented to the search; and (7) require the agency to submit to the governing body of each county or municipality served by the agency an annual report of the information collected under Subdivision(6) if the agency is an agency of a county, municipality, or other political subdivision of the state. (c) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. (d) On adoption of a policy under Subsection(b), a law enforcement agency shall examine the feasibility of installing video camera and transmitter-activated equipment in each agency law enforcement motor vehicle regularly used to make traffic stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make traffic stops. If a law enforcement agency installs video or audio equipment as provided by this subsection,the policy adopted by the agency under Subsection(b) must include standards for reviewing video and audio documentation. (e) A report required under Subsection(b)(7) may not include identifying information about a peace officer who makes a traffic stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the collection of information as required by a policy under Subsection(b)(6). (f) On the commencement of an investigation by a law enforcement agency of a complaint described by Subsection(b)(3) in which a video or audio recording of the occurrence on which the complaint is based was made,the agency shall promptly provide a copy of the recording to the peace officer who is the subject of the complaint on written request by the officer. Art. 2.133. REPORTS REQUIRED FOR TRAFFIC AND PEDESTRIAN STOPS. (a) In this article: (1) "Race or ethnicity" has the meaning assigned by Article 2.132(a). (2) "Pedestrian stop" means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic or who stops a pedestrian for any suspected offense shall report to the law enforcement agency that employs the officer information relating to the stop, including: (1) a physical description of each person detained as a result of the stop, including: (A) the person's gender; and (B) the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; (2) the traffic law or ordinance alleged to have been violated or the suspected offense; (3) whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search; (4) whether any contraband was discovered in the course of the search and the type of contraband discovered; (5) whether probable cause to search existed and the facts supporting the existence of that probable cause; (6) whether the officer made an arrest as a result of the stop or the search, including a statement of the offense charged; (7) the street address or approximate location of the stop; and (8) whether the officer issued a warning or a citation as a result of the stop, including a description of the warning or a statement of the violation charged. Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED. (a) In this article, "pedestrian stop" means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. (b) A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133. Not later than March 1 of each year, each local law enforcement agency shall submit a report containing the information compiled during the previous calendar year to the governing body of each county or municipality served by the agency in a manner approved by the agency. (c) A report required under Subsection(b) must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (A) determine the prevalence of racial profiling by peace officers employed by the agency; and (B) examine the disposition of traffic and pedestrian stops made by officers employed by the agency, including searches resulting from the stops; and (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. (d) A report required under Subsection (b) may not include identifying information about a peace officer who makes a traffic or pedestrian stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting of information required under Article 2.133(b)(1). (e) The Commission on Law Enforcement Officer Standards and Education shall develop guidelines for compiling and reporting information as required by this article. (f) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. Art. 2.135. EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting requirement under Article 2.133 and a law enforcement agency is exempt from the compilation, analysis, and reporting requirements under Article 2.134 if: (1) during the calendar year preceding the date that a report under Article 2.134 is required to be submitted: (A) each law enforcement motor vehicle regularly used by an officer employed by the agency to make traffic and pedestrian stops is equipped with video camera and transmitter-activated equipment and each law enforcement motorcycle regularly used to make traffic and pedestrian stops is equipped with transmitter-activated equipment; and (B) each traffic and pedestrian stop made by an officer employed by the agency that is capable of being recorded by video and audio or audio equipment, as appropriate, is recorded by using the equipment; or (2) the governing body of the county or municipality served by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the Department of Public Safety, not later than the date specified by rule by the department, that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection(a)(1)(A) and the agency does not receive from the state funds or video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose. (b) Except as otherwise provided by this subsection, a law enforcement agency that is exempt from the requirements under Article 2.134 shall retain the video and audio or audio documentation of each traffic and pedestrian stop for at least 90 days after the date of the stop. If a complaint is filed with the law enforcement agency alleging that a peace officer employed by the agency has engaged in racial profiling with respect to a traffic or pedestrian stop,the agency shall retain the video and audio or audio record of the stop until final disposition of the complaint. (c) This article does not affect the collection or reporting requirements under Article 2.132. Art. 2.136. LIABILITY. A peace officer is not liable for damages arising from an act relating to the collection or reporting of information as required by Article 2.133 or under a policy adopted under Article 2.132. Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The Department of Public Safety shall adopt rules for providing funds or video and audio equipment to law enforcement agencies for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), including specifying criteria to prioritize funding or equipment provided to law enforcement agencies. The criteria may include consideration of tax effort, financial hardship, available revenue, and budget surpluses. The criteria must give priority to: (1) law enforcement agencies that employ peace officers whose primary duty is traffic enforcement; (2) smaller jurisdictions; and (3) municipal and county law enforcement agencies. (b) The Department of Public Safety shall collaborate with an institution of higher education to identify law enforcement agencies that need funds or video and audio equipment for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A). The collaboration may include the use of a survey to assist in developing criteria to prioritize funding or equipment provided to law enforcement agencies. (c) To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that purpose. (d) On receipt of funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A),the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency has installed video and audio equipment as described by Article 2.135(a)(1)(A) and is using the equipment as required by Article 2.135(a)(1). Art. 2.138. RULES. The Department of Public Safety may adopt rules to implement Articles 2.131-2.137. SECTION 2. Chapter 3, Code of Criminal Procedure, is amended by adding Article 3.05 to read as follows: Art. 3.05. RACIAL PROFILING. In this code, "racial profiling" means a law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. SECTION 3. Section 96.641, Education Code, is amended by adding Subsection (j) to read as follows: (j) As part of the initial training and continuing education for police chiefs required under this section, the institute shall establish a program on racial profiling. The program must include an examination of the best practices for: (1) monitoring peace officers' compliance with laws and internal agency policies relating to racial profiling; (2) implementing laws and internal agency policies relating to preventing racial profiling; and (3) analyzing and reporting collected information. SECTION 4. Section 1701.253, Occupations Code, is amended by adding Subsection(e) to read as follows: (e) As part of the minimum curriculum requirements,the commission shall establish a statewide comprehensive education and training program on racial profiling for officers licensed under this chapter. An officer shall complete a program established under this subsection not later than the second anniversary of the date the officer is licensed under this chapter or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier. SECTION 5. Section 1701.402, Occupations Code, is amended by adding Subsection(d)to read as follows: (d) As a requirement for an intermediate proficiency certificate, an officer must complete an education and training program on racial profiling established by the commission under Section 1701.253(e). SECTION 6. Section 543.202, Transportation Code, is amended to read as follows: Sec. 543.202. FORM OF RECORD. (a) In this section, "race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic., Asian, or Native American descent. (b) The record must be made on a form or by a data processing method acceptable to the department and must include: (1) the name, address, physical description, including race or ethnicity, date of birth, and driver's license number of the person charged; (2) the registration number of the vehicle involved; (3) whether the vehicle was a commercial motor vehicle as defined by Chapter 522 or was involved in transporting hazardous materials; (4) the person's social security number, if the person was operating a commercial motor vehicle or was the holder of a commercial driver's license or commercial driver learner's permit; (5) the date and nature of the offense, including whether the offense was a serious traffic violation as defined by Chapter 522; (6) whether a search of the vehicle was conducted and whether consent for the search was obtained; (7) the plea, the judgment, and whether bail was forfeited; al [(?)] the date of conviction; and al [(8}] the amount of the fine or forfeiture. SECTION 7. Not later than January 1, 2002, a law enforcement agency shall adopt and implement a policy and begin collecting information under the policy as required by Article 2.132, Code of Criminal Procedure, as added by this Act. A local law enforcement agency shall first submit information to the governing body of each county or municipality served by the agency as required by Article 2.132, Code of Criminal Procedure, as added by this Act, on March 1, 2003. The first submission of information shall consist of information compiled by the agency during the period beginning January 1, 2002, and ending December 31, 2002. SECTION 8. A local law enforcement agency shall first submit information to the governing body of each county or municipality served by the agency as required by Article 2.134, Code of Criminal Procedure, as added by this Act, on March 1, 2004. The first submission of information shall consist of information compiled by the agency during the period beginning January 1, 2003, and ending December 31, 2003. SECTION 9. Not later than January 1, 2002: (1) the Commission on Law Enforcement Officer Standards and Education shall establish an education and training program on racial profiling as required by Subsection (e), Section 1701.253, Occupations Code, as added by this Act; and (2) the Bill Blackwood Law Enforcement Management Institute of Texas shall establish a program on racial profiling as required by Subsection(j), Section 96.641, Education Code, as added by this Act. SECTION 10. A person who on the effective date of this Act holds an intermediate proficiency certificate issued by the Commission on Law Enforcement Officer Standards and Education or has held a peace officer license issued by the Commission on Law Enforcement Officer Standards and Education for at least two years shall complete an education and training program on racial profiling established under Subsection(e), Section 1701.253, Occupations Code, as added by this Act, not later than September 1, 2003. SECTION 11. An individual appointed or elected as a police chief before the effective date of this Act shall complete a program on racial profiling established under Subsection(j), Section 96.641, Education Code, as added by this Act, not later than September 1, 2003. SECTION 12. This Act takes effect September 1, 2001. President of the Senate Speaker of the House I hereby certify that S.B. No. 1074 passed the Senate on April 4, 2001, by the following vote: Yeas 28,Nays 2; May 21, 2001, Senate refused to concur in House amendments and requested appointment of Conference Committee; May 22, 2001, House granted request of the Senate; May 24, 2001, Senate adopted Conference Committee Report by a viva-voce vote. Secretary of the Senate I hereby certify that S.B. No. 1074 passed the House, with amendments, on May 15, 2001, by a non-record vote; May 22, 2001, House granted request of the Senate for appointment of Conference Committee; May 24, 2001, House adopted Conference Committee Report by a non-record vote. Chief Clerk of the House Approved: Date Governor (II) Responding to the Law Institutional Policy on Racial Profiling Racial Profiling Policy Policy Number: 614 Effective Date: January 1,2002 I. PURPOSE The purpose of this policy is to reaffirm the Wylie Police Department's commitment to unbiased policing in all its encounters between officers and any person; to reinforce procedures that serve to ensure public confidence and mutual trust through the provision of services in a fair and equitable fashion; and to protect our officers from unwarranted accusations of misconduct when they act within the dictates of department policy and the law. II. POLICY It is the policy of this department to police in a proactive manner and, to aggressively investigate suspected violations of law. Officers shall actively enforce state and federal laws in a responsible and professional manner, without regard to race, ethnicity or national origin. Officers are strictly prohibited from engaging in a racial profiling as defined in this policy. This policy shall be applicable to all persons, whether drivers, passengers or pedestrians. Officers shall conduct themselves in a dignified and respectful manner at all times when dealing with the public. Two of the fundamental rights guaranteed by both the United States and Texas constitutions are equal protection under the law and freedom from unreasonable searches and seizures by government agents. The right of all persons to be treated equally and to be free from unreasonable searches and seizures must be respected. Racial profiling is an unacceptable patrol tactic and will not be condoned. This policy shall not preclude officers from offering assistance, such as upon observing a substance leaking from a vehicle, a flat tire, or someone who appears to be ill, lost or confused. Nor does this policy prohibit stopping someone suspected of a crime based upon observed actions and/or information received about the person. III. DEFINITIONS Racial Profiling: A law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. Racial profiling pertains to persons who are viewed as suspects or potential suspects of criminal behavior. The term is not relevant as it pertains to witnesses, complainants or other citizen contacts. The prohibition against racial profiling does not preclude the use of race, ethnicity or national origin as factors in a detention decision when used as part of an actual description of a specific suspect for whom an officer is searching. Detaining an individual and conducting an inquiry into that person's activities simply because of that individual's race, ethnicity or national origin is racial profiling. Examples of racial profiling include but are not limited to the following. • Citing a driver who is speeding in a stream of traffic where most other drivers are speeding because of the cited driver's race, ethnicity or national origin. • Detaining the driver of a vehicle based on the determination that a person of that race, ethnicity or national origin is unlikely to own or possess that specific make or model of vehicle. • Detaining an individual based upon the determination that a person of that race, ethnicity or national origin does not belong in a specific part of town or a specific place. A law enforcement agency can derive two principles from the adoption of this definition of racial profiling • Police may not use racial or ethnic stereotypes as factors in selecting whom to stop and search, while police may use race in conjunction with other known factors of the suspect. • Law enforcement officers may not use racial or ethnic stereotypes as factors in selecting whom to stop and search. Racial profiling is not relevant as it pertains to witnesses, etc. Race or Ethnicity: Of a particular decent, including Caucasian, African, Hispanic, Asian, or Native American. Pedestrian Stop: An interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. Traffic Stop: The stop of a motor vehicle by a peace officer for an alleged violation of a law or ordinance regulating traffic. Ill. TRAINING A. Officers are responsible to adhere to all Texas Commission of Law Enforcement Officer Standards and Education (TCLEOSE) training and the Law Enforcement Management Institute of Texas (LEMIT) requirements as mandated by law. B. All officers shall complete a TCLEOSE training and education program on racial profiling not later than the second anniversary of the date the officer is licensed under Chapter 1701 of the Texas Occupations Code or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier. A person who on September 1, 2001, held a TCLEOSE intermediate proficiency certificate, or who had held a peace officer license issued by TCLEOSE for at lest two years, shall complete a TCLEOSE training and education program on racial profiling not later than September 1, 2003. C. The Chief of Police, as part of the initial training and continued education for such appointment, will be required to attend the LEMIT program on racial profiling. D. An individual appointed as a police chief before the effective date of this Act shall complete the program on racial profiling established under Subsection (j), Section 96.641, Education Code, as added by this Act, not later than September 1, 2003. IV. COMPLAINT INVESTIGATION A. The department shall accept complaints from any person who believes he or she has been stopped or searched based on racial, ethnic or national origin profiling. No person shall be discouraged, intimidated or coerced from filing a complaint, nor discriminated against because he or she filed such a complaint. B. Any person who receives an allegation of racial profiling, including the officer who initiated the stop, shall record the person's name, address and telephone number, and forward the complaint through the appropriate channels or direct the individual(s). Any employee contacted shall provide to that person instructions on the complaint process and will report any allegation racial profiling to their superior before the end of shift. C. Investigation of a complaint shall be conducted in a thorough and timely manner. All complaints will be acknowledged in writing to the initiator who will receive disposition regarding said complaint within a reasonable time period. The investigation shall be reduced to writing and any reviewer's comments or conclusions shall be filed with the Chief. When applicable, findings and/or suggestions for disciplinary action, retaining or changes in policy shall be filed with the Chief. D. If a racial profiling complaint is sustained against an officer, it will result in appropriate corrective and/or disciplinary action, up to and including termination. E. If there is a departmental video or audio recording the events upon which a complaint of racial profiling is based, upon commencement of an investigation by this department into the complaint and written request of the officer made the subject of the complaint, this department shall promptly provide a copy of the recording to that officer. VI. PUBLIC EDUCATION This department will inform the public of its policy against racial profiling and the complaint process. Methods that may be utilized to inform the public are the news media, radio, service, or civic presentations, the interne, as well as governing board meetings. Additionally, information will be made available as appropriate in languages other than English. VII. CITATION DATA COLLECTION AND REPORTING A. An officer is required to collect information relating to traffic stops in which a citation is issued. On the citation officers must include: 1. the violator's race or ethnicity; 2. whether a search was conducted; 3. whether the search consensual; and 4. whether an arrest was made for this cited violation or any other violation. B. By March of each year, the department shall submit a report to the City Council that includes the information gathered by the citations. The report will include: 1. a breakdown of citations by race or ethnicity; 2. number of citations that resulted in a search; 3. number of searches that were consensual; and 4. number of citations that resulted in custodial arrest for this cited violation or any other violation. C. Not later than March 1st of each year this department shall submit a report to the City Council containing this information from the preceding calendar year, beginning March 1, 2003. VII. USE OF VIDEO AND AUDIO EQUIPMENT A. Each motor vehicle regularly used by this department to make traffic and pedestrian stops shall be equipped with a video camera and transmitter- activated equipment, and B. Each traffic and pedestrian stop made by an officer of this department that is capable of being recorded by video and audio, or audio as appropriate, shall be recorded. C. This department shall retain the video and audio tapes, or the audiotape of each traffic stop and pedestrian stop for at least ninety (90) days after the date of the stop. If a complaint is filed with this department alleging that one of our officers has engaged in racial profiling with respect to a traffic or pedestrian stop, this department shall retain the video and audio tapes, or the audio tape of the stop until final disposition of the complaint. D. Supervisors will ensure officers of this department are recording their traffic and pedestrian stops. A recording of each officer will be reviewed at least once every ninety (90) days. E. If the equipment used to record audio and video of traffic or pedestrian stops is malfunctioning or otherwise not operable, officers will drive a vehicle with operable video equipment. If no other squad car is available, officers will record the following data when making traffic or pedestrian stops: 1. a physical description of each person detained as a result of the stop including gender and race or ethnicity, as stated by the person or as determined by the officer to the best of his/her ability; 2. the location of the stop and suspected offense, traffic law, or ordinance violated; 3. whether a search was conducted and whether the person detained consented to the search; 4. the reason for any searches; 5. whether any contraband was discovered during the search; 6. whether an arrest was made and if so the charge; and 7. any citations issued. BY ORDER OF CHIEF OF POLICE Complaint Process: Informing the Public and Addressing Allegations of Racial Profiling Practices Informing the Public on the Process of Filing a Racial Profiling Complaint with the Wylie Police Department One of the requirements of the Texas Racial Profiling Law is that police agencies provide information to the public regarding the manner in which to file a racial profiling complaint. In an effort to comply with this particular component, the Wylie Police Department launched an educational campaign aimed at informing the public on issues relevant to the racial profiling complaint process. The police department made available, in the lobby area, information relevant to filing a complaint on a racial profiling violation by a Wylie Police officer. It is believed that through these efforts,the community has been properly informed of the new policies and the complaint processes relevant to racial profiling. Racial Profiling Training Racial Profiling Training Since 2002, all Wylie Police officers have been instructed, as specified in the Texas Racial Profiling Law,to adhere to all Texas Commission on Law Enforcement Officer Standards and Education(TCLEOSE)training and the Law Enforcement Management Institute of Texas (LEMIT)requirements. To date, all sworn officers of the Wylie Police Department have completed the TCLEOSE basic training on racial profiling. The main outline used to train the officers of Wylie has been included in this report. It is important to recognize that the Chief of the Wylie Police Department has also met the training requirements, as specified by the Texas Racial Profiling Law, in the completion of the LEMIT program on racial profiling. The satisfactory completion of the racial profiling training by the sworn personnel of the Wylie Police Department fulfills the training requirement as specified in the Education Code (96.641) of the Texas Racial Profiling Law. Racial Profiling Course Number 3256 Texas Commission on Law Enforcement September 2001 Racial Profiling 3256 Instructor's Note: You may wish to teach this course in conjunction with Asset Forfeiture 3255 because of the related subject matter and applicability of the courses. If this course is taught in conjunction with Asset Forfeiture, you may report it under Combined Profiling and Forfeiture 3257 to reduce data entry. Abstract This instructor guide is designed to meet the educational requirement for racial profiling established by legislative mandate: 77R-SB1074. Target Population: Licensed law enforcement personnel in Texas Prerequisites: Experience as a law enforcement officer Length of Course: A suggested instructional time of 4 hours Material Requirements: Overhead projector, chalkboard and/or flip charts, video tape player, handouts, practical exercises, and demonstrations Instructor Qualifications: Instructors should be very knowledgeable about traffic stop procedures and law enforcement issues Evaluation Process and Procedures An examination should be given. The instructor may decide upon the nature and content of the examination. It must, however, sufficiently demonstrate the mastery of the subject content by the student. Reference Materials Reference materials are located at the end of the course. An electronic copy of this instructor guide may be downloaded from our web site at http://www.tcleose.state.tx.us. Racial Profiling 3256 1.0 RACIAL PROFILING AND THE LAW 1.1 UNIT GOAL: The student will be able to identify the legal aspects of racial profiling. 1.1.1 LEARNING OBJECTIVE: The student will be able to identify the legislative requirements placed upon peace officers and law enforcement agencies regarding racial profiling. Racial Profiling Requirements: Racial profiling CCP 3.05 Racial profiling prohibited CCP 2.131 Law enforcement policy on racial profiling CCP 2.132 Reports required for traffic and pedestrian stops CCP 2.133 Liability CCP 2.136 Racial profiling education for police chiefs Education Code 96.641 Training program Occupations Code 1701.253 Training required for intermediate certificate Occupations Code 1701.402 Definition of"race or ethnicity" for form Transportation Code 543.202 A. Written departmental policies 1. Definition of what constitutes racial profiling 2. Prohibition of racial profiling 3. Complaint process 4. Public education 5. Corrective action 6. Collection of traffic-stop statistics 7. Annual reports B. Not prima facie evidence C. Feasibility of use of video equipment D. Data does not identify officer E. Copy of complaint-related video evidence to officer in question F. Vehicle stop report 1. Physical description of detainees: gender, race or ethnicity 2. Alleged violation 3. Consent to search 4. Contraband 5. Facts supporting probable cause 6. Arrest 7. Warning or citation issued G. Compilation and analysis of data H. Exemption from reporting — audio/video equipment I. Officer non-liability J. Funding K. Required training in racial profiling 1. Police chiefs 2. All holders of intermediate certificates and/or two-year-old licenses as of 09/01/2001 (training to be completed no later than 09/01/2003) —see legislation 77R-SB1074 1.1.2 LEARNING OBJECTIVE: The student will become familiar with Supreme Court decisions and other court decisions involving appropriate actions in traffic stops. A. Whren v. United States, 517 U.S. 806, 116 S.Ct. 1769 (1996) 1. Motor vehicle search exemption 2. Traffic violation acceptable as pretext for further investigation 3. Selective enforcement can be challenged B. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868 (1968) 1. Stop & Frisk doctrine 2. Stopping and briefly detaining a person 3. Frisk and pat down C. Other cases 1. Pennsylvania v. Mimms, 434 U.S. 106, 98 S.Ct. 330 (1977) 2. Maryland v. Wilson, 117 S.Ct. 882 (1997) 3. Graham v. State, 119 MdApp 444, 705 A.2d 82 (1998) 4. Pryor v. State, 122 Md.App. 671 (1997) cert. denied 352 Md. 312, 721 A.2d 990 (1998) 5. Ferris v. State, 355 Md. 356, 735 A.2d 491 (1999) 6. New York v. Belton, 453 U.S. 454 (1981) 2.0 RACIAL PROFILING AND THE COMMUNITY 2.1 UNIT GOAL: The student will be able to identify logical and social arguments against racial profiling. 2.1.1 LEARNING OBJECTIVE: The student will be able to identify logical and social arguments against racial profiling. A. There are appropriate reasons for unusual traffic stops (suspicious behavior, the officer's intuition, MOs, etc.), but police work must stop short of cultural stereotyping and racism B. Racial profiling would result in criminal arrests, but only because it would target all members of a race randomly—the minor benefits would be far outweighed by the distrust and anger towards law enforcement by minorities and the public as a whole C. Racial profiling is self-fulfilling bad logic: if you believed that minorities committed more crimes, then you might look for more minority criminals, and find them in disproportionate numbers D. Inappropriate traffic stops generate suspicion and antagonism towards officers and make future stops more volatile — a racially-based stop today can throw suspicion on tomorrow's legitimate stop E. By focusing on race, you would not only be harassing innocent citizens, but overlooking criminals of all races and backgrounds — it is a waste of law enforcement resources 3.0 RACIAL PROFILING VERSUS REASONABLE SUSPICION 3.1 UNIT GOAL: The student will be able to identify the elements of both inappropriate and appropriate traffic stops. 3.1.1 LEARNING OBJECTIVE: The student will be able to identify elements of a racially motivated traffic stop. A. Most race-based complaints come from vehicle stops, often since race is used as an inappropriate substitute for drug courier profile elements B. "DWB" — "Driving While Black" — a nickname for the public perception that a Black person may be stopped solely because of their race (especially with the suspicion that they are a drug courier), often extended to other minority groups or activities as well ("Driving While Brown," "Flying While Black," etc.) C. A typical traffic stop resulting from racial profiling 1. The vehicle is stopped on the basis of a minor or contrived traffic violation which is used as a pretext for closer inspection of the vehicle, driver, and passengers 2. The driver and passengers are questioned about things that do not relate to the traffic violation 3. The driver and passengers are ordered out of the vehicle 4. The officers visually check all observable parts of the vehicle 5. The officers proceed on the assumption that drug courier work is involved by detaining the driver and passengers by the roadside 6. The driver is asked to consent to a vehicle search — if the driver refuses, the officers use other procedures (waiting on a canine unit, criminal record checks, license-plate checks, etc.), and intimidate the driver (with the threat of detaining him/her, obtaining a warrant, etc.) 3.1.2 LEARNING OBJECTIVE: The student will be able to identify elements of a traffic stop which would constitute reasonable suspicion of drug courier activity. A. Drug courier profile (adapted from a profile developed by the DEA) 1. Driver is nervous or anxious beyond the ordinary anxiety and cultural communication styles 2. Signs of long-term driving (driver is unshaven, has empty food containers, etc.) 3. Vehicle is rented 4. Driver is a young male, 20-35 5. No visible luggage, even though driver is traveling 6. Driver was over-reckless or over-cautious in driving and responding to signals 7. Use of air fresheners B. Drug courier activity indicators by themselves are usually not sufficient to justify a stop 3.1.3 LEARNING OBJECTIVE: The student will be able to identify elements of a traffic stop which could constitute reasonable suspicion of criminal activity. A. Thinking about the totality of circumstances in a vehicle stop B. Vehicle exterior 1. Non-standard repainting (esp. on a new vehicle) 2. Signs of hidden cargo (heavy weight in trunk, windows do not roll down, etc.) 3. Unusual license plate suggesting a switch (dirty plate, bugs on back plate, etc.) 4. Unusual circumstances (pulling a camper at night, kids' bikes with no kids, etc.) C. Pre-stop indicators 1. Not consistent with traffic flow 2. Driver is overly cautious, or driver/passengers repeatedly look at police car 3. Driver begins using a car- or cell-phone when signaled to stop 4. Unusual pull-over behavior (ignores signals, hesitates, pulls onto new street, moves objects in car, etc.) D. Vehicle interior 1. Rear seat or interior panels have been opened, there are tools or spare tire, etc. 2. Inconsistent items (anti-theft club with a rental, unexpected luggage, etc.) Resources Proactive Field Stops Training Unit— Instructor's Guide, Maryland Police and Correctional Training Commissions, 2001. (See Appendix A.) Web address for legislation 77R-SB1074: http://t1o2.tIc.state.tx.us/tIo/77r/billtext/SB01074F.htm Report on Complaints Report on Complaints The following table contains data regarding officers that have been the subject of a complaint, during the time period of 1/1/07---12/31/07, based on allegations outlining possible violations related to the Texas Racial Profiling Law. The final disposition of the case is also included. A check above indicates that the Wylie Police Department has not received any complaints, on any members of its police force, for having violated the Texas Racial Profiling Law during the time period of 1/1/07 ---- 12/31/07. Complaints Filed for Possible Violations of The Texas Racial Profiling Law Complaint Disposition of the Case No. 001 Alleged Violation of Racial Unfounded Profiling Law 002 Alleged Violation of Racial Unfounded Profiling Law Additional Comments: Tables Illustrating Traffic Contact Tier 1 Data (I) Tier 1 Data Traffic-Related Contact Information (1/1/07-12/31/07) Race/Ethnicity* Contacts Searches Consensual PC Searches Custody Searches Arrests N % N % N % N % N % Caucasian 6,573 71 254 73 98 78 156 70 181 66 African 968 10 37 11 15 12 22 10 32 12 Hispanic 1,449 16 53 15 12 10 41 18 56 20 Asian 187 2 4 1 0 0 4 2 3 1 Native 1 .01 0 0 0 0 0 0 0 0 American Other 71 .8 1 .3 0 0 1 .4 2 .7 Total 9,249 100** 349 100** 125 100 224 100** 274 100** "N"represents"number"of traffic-related contacts * Race/Ethnicity is defined by Senate Bill 1074 as being of a"particular descent,including Caucasian, African,Hispanic,Asian,or Native American". **Figure has been rounded Tier 1 Data (Traffic Contacts) 80- 70 60— 50J (Percent) 40 30J 20 10J • , t: �`� .��� 6 or �i • Traffic �(`r it: y.Q`a' Contacts err (Origin) Tier 1 Data (Searches) 300�-- 250 200 (Freq.) 150 100 50 Ib, 1 Q V ■ Searches 2� ❑ Consent (Origin) ❑ PC Tier 1 Data (Arrests) 70- 60 50 40 (Percent) 30 j 20- 10� y 0 .+ - — 1 1 —I' � cy,`V OTC` 0r Q. ❑ Arrests rpf,t:. (Origin) Tier 1 Baseline Comparison (Fair Roads Standard) (II) Traffic-Contacts and Fair Roads Standard Comparison Comparison of traffic-related contacts with households in Wylie that have vehicle access (in percentages). (1/1/07-12/31/07) Race/Ethnicity* Traffic-Contacts Households (in percentages) with Vehicle Access in ercenta es Caucasian 71 89 African 10 2 Hispanic 16 7 Asian 2 .39 Native American .01 .96 Other .8 N/A Total 100** 99.35*** * Race/Ethnicity are defined by Senate Bill 1074 as being of a"particular descent,including Caucasian, African,Hispanic,Asian,or Native American". **Represents rounded figure ***Amount does not total 100%since Census data does provide value of"other"category. Tier 1 (Traffic-Contacts and Households/07) 90- 80- 70- 60 50- (Percent) 40 30 20 10 -14-11 0 .c ,c .v •c .c ifr .' .� fD V ) .V V 0 ■ Traffic- . '� Contacts �� ❑ Households (Origin) Tier 1 Data (Six-Year Comparative Analysis) (2002-2007) (III) Six-Year Tier 1 Data Comparison Comparison of Six-Year Traffic-Related Contact Information (1/1/02---12/31/07) Race/Ethnicity* Traffic-Related Contacts (in percentages) (02) (03) (04) (05) (06) (07) Caucasian 80 74 75 76 79 71 African 3 4 6 8 9 10 Hispanic 16 21 18 15 11 16 Asian .47 1 1 1 1 2 Native .06 0 0 0 0 .01 American Other .30 0 .24 .06 0 .8 Total 100** 100 100** 100 100 100** *Race/Ethnicity is defined by Texas Senate Bill 1074 as being of a"particular descent,including Caucasian,African,Hispanic,Asian,or Native American". ** Figure has been rounded. Tier 1 Data (Traffic-Contacts 02-07) so 70 60J 50 (Percent) 40 30- 20- 10 0 "-ti CCO CC L. Q tv Q = E ■ Contacts 02 CIZT v ❑ Contacts 03 ❑ Contacts 04 4-4 ❑ Contacts 05 (Origin) • Contacts 06 ❑ Contacts 07 Comparison of Six-Year Traffic-Related Search Information (1/1/02---12/31/07) Race/Ethnicity* Traffic-Related Searches (in percentages) (02) (03) (04) (05) (06) (07) Caucasian 79 64 59 53 81 73 African 3 1 8 2 5 11 Hispanic 18 34 31 44 14 15 Asian 0 .6 0 0 0 1 Native 0 0 0 0 0 0 American Other 0 0 2 0 0 .3 Total 100 100** 100 100 100** 100** * Race/Ethnicity is defined by Texas Senate Bill 1074 as being of a"particular descent,including Caucasian,African,Hispanic,Asian,or Native American". ** Figure has been rounded. Tier 1 Data (Searches 02-07) 90-r 80 70 60 50 _ (Percent) 40 -. 30 - 20 -' 10 0 Ai r •i ea y •i4-0 y y Q a� O Q •- E co = Q c� a) a • Searches (02) Z ❑ Searches (03) ❑ Searches (04) (Origin) ❑ Searches (05) • Searches (06) 0 Searches (07) Comparison of Six-Year Traffic-Related Arrest Information (1/1/02---12/31/07) Race/Ethnicity* Traffic-Related Arrests (in percentages) (02) (03) (04) (05) (06) (07) Caucasian 77 43 57 50 67 66 African 3 1 4 7 12 12 Hispanic 19 54 38 42 21 20 Asian 0 2 0 0 0 1 Native 0 0 0 0 0 0 American Other 0 0 1 1 0 .7 Total 100** 100 100 100 100** 100** *Race/Ethnicity is defined by Texas Senate Bill 1074 as being of a"particular descent,including Caucasian,African,Hispanic,Asian,or Native American". ** Figure has been rounded. Tier 1 Data (Arrests 02-07) 80 - 70 60 50 � (Percent) 40 30 20 -- 10J - a .4� fit` ,�. .41:r rtr e) t) •,e) eNv% v,, (7/ ai ❑"Arrests V ❑ Arrests ElXrrests Arrests (Origin) ❑ (05) Analysis and Interpretation of Data Analysis Almost 7 years ago,the Texas Legislature passed Senate Bill 1074 which later became the Texas Racial Profiling Law. The law, which became effective January 1, 2002, requires that all police departments in Texas collect traffic-related data and report this information to their local governing authority by March 1st of each year. The purpose in collecting and presenting this information is to determine if a police department generally and police officers specifically are engaging in the practice of profiling minority motorists. The Texas Racial Profiling Law further requires for police departments to interpret traffic-related data. Although most researchers would probably agree with the fact that it is within the confines of good practice for police departments to be accountable to the citizenry while carrying a transparent image before the community, it is very difficult to determine if police departments are engaging in racial profiling, from a review or analysis of aggregate data. In other words, it is challenging for a reputable researcher to identify specific "individual"racist behavior from aggregate-level "institutional" data on traffic-related contacts. The Wylie Police Department, in an effort to comply with The Texas Racial Profiling Law(S.B. 1074), commissioned the analysis of its 2007 traffic contact data. Thus,three different types of data analyses were performed. The first of these involved a careful evaluation of the 2007 traffic stop data. This particular analysis measured, as required by the law, the number and percentage of Caucasians, African Americans, Hispanics, Asians,Native Americans, and individuals belonging to the "other" category, that came in contact with the police in the course of a traffic-related stop, and were either issued a citation or arrested. Further, the analysis included information relevant to the number and percentage of searches (table 1) while indicating the type of search performed (i.e., consensual or probable cause). Also, the data analysis included the number and percentage of individuals who, after they came in contact with the police for a traffic-related reason, were arrested. The secondary analysis performed on the data provided, was based on a comparison of the 2007 traffic-contact data with a specific baseline. When reviewing this particular analysis, it should be noted that there is disagreement, in the literature, regarding the appropriate baseline to be used when analyzing traffic-related contact information. Of the baseline measures available,the Wylie Police Department opted to adopt, as a baseline measure,the Fair Roads Standard. This particular baseline is based on data obtained through the U.S. Census Bureau(2000) relevant to the number of households that have access to vehicles while controlling for the race and ethnicity of the heads of households. It is obvious that census data presents challenges to any effort made at establishing a fair and accurate racial profiling analysis. That is, census data contains information on all residents of a particular community, regardless of the fact they may or may not be among the driving population. Further, census data, when used as a baseline of comparison, presents the challenge that it captures information related to city residents only. Thus, excluding individuals who may have come in contact with the Wylie Police Department in 2007 but live outside city limits. In some cases,the percentage of the population that comes in contact with the police but lives outside city limits represents a substantial volume of all traffic-related contacts made in a given year. In previous years, several civil rights groups in Texas have expressed their desire and made recommendations to the effect that all police departments should rely, in their data analysis, on the Fair Roads Standard. This source contains census data specific to the number of"households"that have access to vehicles. Thus, proposing to compare "households" (which may have multiple residents and only a few vehicles) with "contacts" (an individual-based count). This, in essence, constitutes a comparison that may result in ecological fallacy. Despite this, the Wylie Police Department made a decision that it would use this form of comparison(i.e., census data relevant to households with vehicles) in an attempt to demonstrate its "good will" and "transparency"before the community. Thus, the Fair Roads Standard data obtained and used in this study is specifically relevant to Wylie. The final analysis was conducted while using the 2002--2007 traffic contact data. Specifically, all traffic-related contacts made in 2007 were compared to similar figures reported in 2002, 2003, 2004, 2005 and 2006. Although some researchers may not support the notion that in six years, a"significant" and"permanent"trend can take effect, when considering this analysis, it was determined that comparing six years of traffic contact data may highlight possible areas of consistency with regards to traffic-related contacts. That is, the six-year comparison has the potential of revealing indicators that a possible trend of traffic-based contacts with regards to members of a specific minority group, may in fact, develop. Tier 1 (2007) Traffic-Related Contact Analysis When analyzing the Tier 1 data collected in 2007, it was evident that most traffic- related contacts were made with Caucasian drivers. This was followed by Hispanic and African American drivers. With respect to searches, most of them were performed on Caucasian drivers. This was also followed by Hispanics and African Americans. It is important to note that the arrest data revealed that Caucasian drivers were arrested the most in traffic-related contacts; this was followed by Hispanics and African Americans, in that order. In addition, no arrests were made, in traffic related incidents, of Native American drivers. Fair Roads Standard Analysis The comparison of traffic contacts to the census data relevant to the number of "households" in Wylie who indicated, in the 2000 census, that they had access to vehicles, produced interesting findings. That is,the percentage of individuals of Caucasian and Native American descent that came in contact with the police was lower than the percentage of Caucasian and Native American households in Wylie that claimed, in the 2000 census, to have access to vehicles. With respect to African American, Hispanic and Asian drivers, a higher percentage of contacts were detected. That is,the percentage of African American, Hispanic and Asian drivers that came in contact with the police in 2007 was higher than the percentage of African American, Hispanic and Asian households in Wylie with access to vehicles. It should be noted that the difference among Asian drivers with households that have access to vehicles was of less than one percent; thus, deemed by some as not being statistically significant. Six-Year Comparison The six-year comparison (02-07) of traffic-contact data showed remarkable similarities. As illustrated in table 3,the percentage of drivers (from different racial/ethnic groups)that came in contact with the Wylie Police in 2007 was similar to the percentage of drivers, from the same racial/ethnic groups that came in contact with the Wylie Police Department in 2006, 2005, 2004, 2003 and 2002. However, a few differences were noted. When comparing 2007 to the previous years,there was an increase in percentage of contacts among African Americans, Hispanics and Asians while a decrease in percentage of contacts was detected among Caucasian drivers. When analyzing the search-related data for all six years, it was obvious that commonalities existed. An increase in percentage was detected among African Americans, Hispanics and Asians while a percentage decrease was noted among Caucasians. When considering the arrests made,the data revealed that the percentage of arrests increased among Asians while a decrease in percentage was evident among Caucasians and Hispanics. Summary of Findings The Fair Roads Standard comparison showed that the Wylie Police Department came in contact(in traffic-related incidents)with a smaller percentage of Caucasian and Native American drivers than the percentage that resided in Wylie and had access to vehicles. Further, the data suggested that the percentage of African American, Hispanic and Asian drivers that came in contact with the police in 2007 was higher than the percentage of African American, Hispanic and Asian Wylie households with access to vehicles. The analysis of the six-year traffic-related contact data suggested that the Wylie Police Department has been, for the most part, consistent in the racial/ethnic composition of motorists it comes in contact with during a given year. The consistency of contacts for the past 6 years is in place despite the fact the city demographics may have changed, thus, increasing the number of subjects likely to come in contact with the police. It is recommended that the Wylie Police Department continue to collect and evaluate additional information on traffic-contact data(i.e., reason for probable cause searches, contraband detected) which may prove to be useful when determining the nature of the traffic-related contacts police officers are making with all individuals; particularly with African Americans and Hispanics. Although this additional data may not be required by state law, it is likely to provide insights regarding the nature and outcome of all traffic contacts made with the public. As part of this effort, the Wylie Police Department is also encouraged to: 1) Perform an independent search analysis on the search data collected in 2007. 2) Commission data audits in order to assess data integrity; that is, to ensure that the data collected is consistent with the data being reported The information and analysis provided in this report serves as evidence that the Wylie Police Department has, once again, complied with the Texas Racial Profiling Law. (III) Summary Checklist Checklist The following requirements were met by the Wylie Police Department in accordance with The Texas Racial Profiling Law: ® Clearly defined act or actions that constitute racial profiling ® Statement indicating prohibition of any peace officer employed by the Wylie Police Department from engaging in racial profiling ® Implement a process by which an individual may file a complaint regarding racial profiling violations • Provide public education related to the complaint process Fl Implement disciplinary guidelines for officer found in violation of the Texas Racial Profiling Law RI Collect data(Tier 1)that includes information on a) Race and ethnicity of individual detained b) Whether a search was conducted c) If there was a search, whether it was a consent search or a probable cause search d) Whether a custody arrest took place ® Produce an annual report on police contacts (Tier 1) and present this to local governing body by March 1, 2008. • Adopt a policy, if video/audio equipment is installed, on standards for reviewing video and audio documentation Contact Information Contact Information For additional questions regarding the information presented in this report, please contact: Del Carmen Consulting, LLC 3018 St. Amanda Drive Mansfield, Texas 76063 817.681.7840 www.texasracialprofiling.com Disclaimer: The author of this report, Alejandro del Carmen/del Carmen Consulting, LLC, is not liable for any omissions or errors committed in the acquisition, analysis, or creation of this report. Further, Dr. del Carmen/del Carmen Consulting is not responsible for the inappropriate use and distribution of information contained in this report. Further, no liability shall be incurred as a result of any harm that may be caused to individuals and/or organizations as a result of the information contained in this report. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: February 26, 2008 Item Number: 2 (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: February 1, 2008 Budgeted Amount: Exhibits: Seven Subject Consider, and act upon, approval of a request from First Baptist Church of Wylie for Abandonment of that portion of Right-of-Way described as a 70 ft. ROW of Marble Street consisting of 0.7473 acres, a 70 ft. ROW of First Street consisting of 0.4821 acres, and an 80 ft. ROW of Second Street consisting of 0.1877 acres. Recommendation Motion to approve the Abandonment of 1.4171 acres of Right-of-Way described in Exhibit No. 1 (attachments A, B and C). Discussion The applicant, First Baptist Church of Wylie is requesting that the City of Wylie abandon portions of Marble Street, First Street, and Second Street to allow expansion of their current facility located at 100 North First Street. The portions of streets are depicted in Exhibit No. 1 are currently being used as public streets. The First Baptist Church is the sole property owner of all properties adjacent to subject public rights-of-way. City Ordinance No. 07-21 as adopted by Council July 10, 2007 requires that an abutting property owner of the right-of-way initiate a request to the Planning Department by completing all required documents of the Abandonment of Public ROW/Easement Application. Included with the required documents, must be a certified appraisal of the value of the land to be abandoned and a certified check to the City for the amount of the Appraisal. The Applicant acquired the services of Fuller Appraisals to conduct an appraisal of the property and establish its fair market value. The cost of this appraisal was paid for by the applicant. The appraisal, which is attached, indicates that the fair market value of the property is established at one dollar and eighty cents ($1.80) per square foot. All three land parcels total 1.42 acres or 61,724 square feet. - Marble Street (west from Second Street to the alley just past First Street) 0.75 ac. or 32,550 sq. ft. - First Street (north from Marble Street to Jefferson Street) 0.48 ac. or 21,000 sq. ft. - Second Street (north from SH 78 to the southern boundary of Marble Street) 0.19 ac. Or 8,174 sq. ft. The total fair market value of the ROW of First, Marble and Second Street would be $111,103.20. This figure was rounded to a final overall value of$111,000.00. The appraisal contains comparable properties on which to base the appraised value. The subject property is valued as vacant land tract only, devoid of any improvements, although presently the land area is improved with street paving, curb and gutters, and utilities. Thus the Cost and Income approaches to value were not applicable for this study. Page 1 of 2 Page 2 of 2 CONSIDERATION: The land areas as described herein are streets maintained by the City of Wylie. Staff has reviewed the request and determined that the ROW contains no utilities other than a 14" water line that runs east and west along Marble Street. Public utility companies using or entitled to use portions of the public right-of-way/utility easement have consented to the abandonment (Exhibit No. 3). The City receives no tax revenue from right-of-way property. If and when the right-of-way is converted to private ownership that is an exempt entity, the City would continue to receive no taxes on this property. Right-of-way abandonment requires only Council action and no review by any Board or Commission. However, before the right-of-way may be used for private purposes it must be incorporated into a plat or a replat approved by the Planning and Zoning Commission and City Council. The applicant shall have six months from the date of City Council approval of abandonment to submit and file a replat with Collin County to incorporate the abandoned right-of-way into the adjacent platted lot(s). The replat shall also establish utility and access easements. Approved By Initial Date Department Director p U\RRO 02/01/08 City Manager \I\[\ oN 1,9 VS Application for Abandonment of a Public Right-of- Way/Easement c Located: A a �,T J feet JeCc� b LJ r_‹ EXHIBIT NO. '1 Attached is a copy of the metes and bounds description (dividin the area in half) of the pu is right-of-way/easement situated in �,\ra...) caddition Subdivision to the City of Wylie, CA,„ County, Texas, sought to be bi and ned. Procedure for Abandonment of a Public ROW Page 7 48g299.v1 EXHIBIT"A" MARBLE STREET ABANDONMENT FIELD NOTES BEING a 0.7473 acre tract of land situated in the James Truitt Survey,Abstract No.920,City of Wylie,Collin County,Texas and being part of Marble Street,a 70 ft.right-of-way,as shown on Railroad Addition,an addition to the City of Wylie,as recorded in Volume 77,Page 494,Deed Records Collin County,Texas,said 0.7473 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2-inch iron rod with cap stamped"GRIFFITH 4846"(hereinafter referred to as"with cap")set for the northeast corner of Lot 1,Block 17,Replat of Lots 1-8,Block 17, Railroad Addition,an addition to the City of Wylie,Texas,as recorded in Cabinet G,Page 116, Map Records Collin County,Texas,said corner being the intersection south right-of-way line of said Marble Street and the west right-of-way line of Second Street an 80 ft.right-of way,as shown on said Railroad Addition; THENCE West,with the south right-of-way line of said Marble Street and the north boundary lines of said Block 17 and Block 18 of said Railroad Addition,a distance of 465.00 feet to a 1/2- inch iron rod found for the northwest corner of Lot 1,Block 18 of said Railroad Addition and the northeast corner of a 20 ft.alley as shown on said Railroad Addition; THENCE North,a distance of 70.00 feet to a 1/2-inch iron rod with cap set for the southwest corner of Lot 5,Block 7 of said Railroad Addition and the southeast corner of a 20 ft.alley as shown on said Railroad Addition,said corner being in the north right-of-way line of said Marble Street; THENCE East,with the north right-of-way line of said Marble Street and the south boundary lines of said Block 7 and Block 8 of said Railroad Addition,a distance of 465.00 feet to a I/2- inch iron rod with cap set for the southeast corner of Lot 5,Block 8 of said Railroad Addition, said corner being the intersection north right-of-way line of said Marble Street and the west right- of-way line of said Second Street; THENCE South,a distance of 70.00 feet to the POINT OF BEGINNING AND CONTAINING 32,550 square feet or 0.7473 acre of land. Z.\PROJECTS\U1)I70\clocs\lcgals\LD Marble Sticet dot EXHIBIT"A" FIRST STREET ABANDONMENT FIELD NOTES BEING a 0.4821 acre tract of land situated in the James Truitt Survey,Abstract No. 920,City of Wylie,Collin County,Texas and being part of First Street,a 70 ft.right-of-way,as shown on Railroad Addition,an addition to the City of Wylie,as recorded in Volume 77,Page 494,Deed Records Collin County,Texas,said 0.4821 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2-inch iron rod with cap stamped"GRIFFITH 4846"(hereinafter referred to as"with cap")set for the northeast corner of Lot 1,Block 7 of said Railroad Addition,said corner being the intersection of the south right-of-way line of Jefferson Street,a 70 ft.right-of way,as shown on said Railroad Addition and the west right-of-way line of said First Street; THENCE East,with the south right-of-way line of said Jefferson Street,a distance of 70.00 feet to a 1/2-inch iron rod with cap set for the northwest corner of Lot 10,Block 8 of said Railroad Addition,said corner being the intersection south right-of-way line of said Jefferson Street and the east right-of-way line of said First Street; THENCE South,with the east right-of-way line of said First Street and the west boundary line of said Block 8,a distance of 300.00 feet to a 1/2-inch iron rod with cap set for the southwest corner of Lot 6,Block 8 of said Railroad Addition,said corner being the intersection north right-of-way line of Marble Street,a 70 ft.right-of-way,as shown on said Railroad Addition and the east right- of-way line of said First Street; THENCE West,with the north right-of-way line of said Marble Street,a distance of 70.00 feet to a 1/2-inch iron rod with cap set for the southeast corner of Lot 5,Block 7 of said Railroad Addition,said corner being the intersection north right-of-way line of said Marble Street and the west right-of-way line of said First Street; THENCE North,with the west right-of-way line of said First Street and the east boundary line of said Block 7,a distance of 300.00 feet to the POINT OF BEGINNING AND CONTAINING 21,000 square feet or 0.4821 acre of land. Z:\PROiECTS\00t 70.docs'Iegals',LD Firs' Street dac EXHIBIT"A" SECOND STREET ABANDONMENT FIELD NOTES BEING a 0.1877 acre tract of land situated in the James Truitt Survey,Abstract No. 920,City of Wylie,Collin County,Texas and being part of Second Street,an 80 ft.right-of-way,as shown on Railroad Addition,an addition to the City of Wylie,as recorded in Volume 77,Page 494,Deed Records Collin County,Texas,said 0.1877 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2-inch iron rod with cap stamped"GRIFFITH 4846"(hereinafter referred to as"with cap")set for the northeast corner of Lot 1,Block 17,Replat of Lots 1-8,Block 17, Railroad Addition,an addition to the City of Wylie,Texas,as recorded in Cabinet G,Page 116, Map Records Collin County,Texas,said corner being the intersection south right-of-way line of Marble Street,a 70 ft.right-of-way,as shown on said Railroad Addititon and the west right-of- way line of said Second Street; THENCE East,with the south right-of-way line of said Marble Street,a distance of 80.00 feet to a 1/2-inch iron rod with cap set for the intersection south right-of-way line of said Marble Street and the east right-of-way line of said Second Street; THENCE South,with the east right-of-way line of said Second Street,a distance of 70.62 feet to a 1/2-inch iron rod with cap set for the southeast corner of said Second Street; THENCE South 51 degrees 43 minutes 54 seconds West,with the south right-of-way line of said Second Street,a distance of 101.90 feet to a 1/2-inch iron rod with cap set for the southwest corner of said Second Street and the most easterly southeast corner of said Lot 1,Block 17; THENCE North, with the west right-of-way Iine of said Second Street and the east boundary line of said Lot 1,Block 17,a distance of 133.73 feet to the POINT OF BEGINNING AND CONTAINING 8,174 square feet or 0.1877 acre of land. Z:\PROJECTS\IJO I 70\docs\Icgals\LD Sccond Strcet doc Application for Abandonment of a Public Right-of- Way/Easement Located: I LA 3ca `� F &&cr- Si'eaer SecoN) M6( EXHIBIT NO. 2 Attached is a copy of a plat or detailed sketch of the public right-of-way/easement sought to be abandoned in the above-mentioned application, showing the surrounding area to the nearest streets in all directions, abutting lots, the block or blocks in which the portion of the public right-of-way/easement sought to be vacated is situated, and the addition or subdivision in which the portion of the public right-of-way/easement sought to be abandoned is situated. Also, the names of record owners of the abutting lots are shown. (If the property has not been platted, applicant has six months from date of City Council approval to complete all steps required for purchase of the abandonment and filing a plat or replat with County in accordance with the final plat requirements of the Subdivision Ordinance.) Procedure for Abandonment or a Public ROW Page 8 488299.v1 II BLOCK 6 I I BLOCK 5 I I BLOCK 4 1 1 L - J JEFFERSON STREET —!I L (70'.R.O.W.) 10 1 W .. 10 1 r 9 -1 r •'W • 9 •2 . ,�/) 9 2 b 8 1 I— _ 1.___ 8 3 � " 8 3 L1 7 I Ci 7 4 QQ 7 4 0 6 BLOCK 7 °^ BLOCK 8 W m I BLOCK 9 _i t 6 5 No. 6 5 U 3z,550 so. FT.:• . • .' •-.MARBLE STREET . - / 0 , 6 — BLOCK 18 o 11 2 LOT 1 W 3 n BLOCK 17 / v CV I 'Q- 9 4 / / 8 a � / 0 � � 5 z I(/ / - _ _ m 7 I 6 / OAK STREET / (70' R.O.W.) �\\ 2 BLOCK 19 7 / ., a 7 / BOUNDARY EXHIBIT / R. O. W. ABANDONMENT ...7 / RAILROAD ADDITION / CITY OF WYLIE COLLIN COUNTY, TEXAS Z. / ENGINEERING CONCEPTS & DESIGN, L.P. ENGINEERING /PROJECT MANAGEMENT /CONSTRUCTION SERVICES 2801 CAPITAL STREET, 'WYLIE, TEXAS 75008 PHONE: (972) 941--8400 (B72) 941-8401 FAX DATE: AUGUST 3, 2007 00170\170 BNO.dwg BLOCK 18 p I BLOCK 7 15 I 16 , 17 1_18 I NORTH L 6 — , 7 — 2 I.R.S. 1/2 I.R.F..— 70.00� O/CAP — I— orf I RAILROAD' ADDITION I vOL 77, PG. �94, D.R.C.C.T. I /l "� VOL 1, PG. 1i11, M.R.C.C.T. BLOCK 7 (�► 2 I BLOCK 18 5 I 4 !_l_7 I1 — L — _I — — FIRST 30 0 60 FIRST STREET FIRST STREET I ABANDONED (70' R.o.w.) SCALE IN FEET ORD. 97-24 1" = 60' Basis of bearing being west boundary line of plat, as OE'— Q —I recorded in Cabinet G, Slide O W 0 116, D.R.C.C.T. CCD I BLOCK 8 'd' V) cs a d' En T Ll.) o P. 6 7 U 03 N o F— rmFT 1 Q U 0]1--QCO� O J O Q 0 < RAILROAD ADDITION I vOL 77, PG. 494, D.R.C.C.T. w VOL 1, PG. 111, M.R.C.C.T. D_ BLOCK 8 I 5 4 POINT OF BEGINNING EXHIBIT "B" 1/2 P ' I.R.S.CA W ABANDONMENT - - - / / _ SOUTH MARBLE STREET \ 70.00' JAMES TRUITT SURVEY, A-920 \ SECOND STREET CITY OF WYLIE (so' R.o.w.) COLLIN COUNTY, TEXAS \ ENGINEERING CONCEPTS & DESIGN, L.P. ENGINEERING /PROJECT MANAGEMENT /CONSTRUCTION SERVICES r 2801 CAPITAL STREET, WYLIE, TEXAS 75098 \ I PHONE: (872) 941-8400 (972) 041-8401 PAX DATE: JANUARY 4, 2008 00170\170 Exhibits Street.dwg BLOCK 6 I I BLOCK 5 �5 I— 6 — — N JEFFERSON STREET (70' R.o.w.) POINT OF EAST BEGINNING • 1/2I.R.S. 70.00 O W/CAP /�\ tt 1/2 I.R.S. /�, `� W/CAP 1 10 \.,.._.r......" 60 30 0 60 2 9 11..11.1111111111111111111111111111111 p O SCALE IN FEET o W 1" _60' o CL a 0 3 1') 1 NEl po 8 a RAILROAD ADDITION I—o o VOL. 77, PG. 494, D.R.C.C.T. — — U)N VOL. 1, PG. 111, M.R.C.C.T. IX BLOCK 8 4 Z 7 BLOCK 7 5 6 1/2 I.R.S.--0 01/2 I.R.S. — — W/CAP WEST W/CAP 70.00' MARBLE STREET (70' R.O.W.) LOT 1, BLOCK 17 EXEIMIT "B" 0o w p`r REPLAT OF LOTS 1-8, BLOCK 17 U' I Ixa� RAILROAD 116N ABANDONMENT cn (CAB. G, PG. 116) g I ~Q� M.R.C.C.T. FIRST STREET m ccmcc __<O JAMES TRUITT SURVEY, A-920 CITY OF WYLIE COLLIN COUNTY, TEXAS ENGINEERING CONCEPTS & DESIGN, L.P. ENGINEERING /PROJECT MANAGEMENT /CONSTRUCTION SERVICES Basis of bearing being west boundary line of plat, as 2801 CAPITAL STREET, WYLIE, TESAS 75098 recorded in Cabinet G, Slide 116, D.R.C.C.T. PHONE: (972) 941-8400 (972) 941-8401 FAX DATE JANUARY 4. 2008 00170\170 Exhibits Street.dwg N 4 I F-- I 6 f w BLOCK 9 CC 1 — — — — (1,1 tic 1 1 ,_---: u, � 5 N, i BLOCK 8 �� 5 I Z B I RAILROAD ADDITION vOL 77, PG. 494, D.R.C.C.T. I LIOL 1, PG. 111, M.R.C.C.T. L— !......." ___l — L1J U) 60 30 0 60 MARBLE STREET (70' R.O.W.) EAST SCALE IN FEET 1/2/CAP w $S. 80.00' �1 W/CAS. in = 60' — POINT OF i cca O c* BEGINNING SECOND 0 o/ STREET j)) 8,174 SQ. FT. ���' N. 0.1877 AC. ry' • pQ 2EM b40 LOT 1, BLOCK 17 • 5 O REPLAT OF LOTS 1-8, BLOCK 17 (ON�O'�� RAILROAD ADDITION (CAB. G, PG. 116) M.R.C.C.T. /\Iry •.. / .. CALLED 0.6818 AC. THE FIRST BAPTIST CHURCH OF WYLIE, TEXAS / (CC DOC. 98-0095006) D.R.C.C.T. EXHIBIT "B" ABANDONMENT SECOND STREET JAMES TRUITT SURVEY, A-920 CITY OF WYLIE ' COT JN COUNTY, TEXAS ENGINEERING CONCEPTS & DESIGN, L.P. ENGINEERING /PROJECT MANAGEMENT/CONSTRUCTION SERVICES Basis of bearing being west boundary line of plat, as 2801 CAP71AL biltkA,T, WYLIE. TEXAS 75098 recorded in Cabinet G, Slide 116, D.R.C.C.T. PHONE: (972) 941-8400 (972) 941-8401 FAX DATE: JANUARY 4, 2008 00170\170 Exhibits StrceLdwg • Application for Abandonment of a Public Right-of- Way/Easement Located: /AA. RtE "ra 1¢sr �}�c- °� � r►� ry���f'� EXHIBIT NO. 3 The undersigned public utility companies, using or entitled to use,under the terms and provisions of our respective franchises with the City of Wylie, that portion of the public right-of-way/utility easement sought to be abandoned in the Application for Abandonment above referred to, do hereby consent to the abandonment of the described portion thereof. 47L,7 $ % Kcp 6(4 Title S reP SA- tylte TELEPHONE COMPANY BY: Title —_ ELECTRIC COMPANY BY: Title Procedure for Abandonment of a Public ROW Page 9 48 299 vl DEC-11-2007 10:23 FROM:PLAND ENG 9725783396 T0:99729418401 P:2e3 Nov 29 07 0B:34a ECDLP D72-941-$401 p.2 Application for Abandonment of a Public Right-of- Way/Easomen! located. ' pCHli@F NQ, 3 The underaied public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the Cityof Wylie. tharight-of-way/utility easement sought to be abandoned in the Applica porti ofo the public Abandonment above referred to, do hereby consent to the abandonment of the described portion thereof. Re(o ift GAS COMP (01 SY: r Title (°P T EP ONE COMPANY SY: 12411 (61 Titlej24,41/1 ,___., _ul5d ELECTRI OMPANY SY_ • rt�e Pwicnki."ote Ah...dnww.w„r.,l w n..wrs.Dfbw, NOV-49-2007 TM 09:48 TEL:9725783398 NAME:PLfNO ENG P. P 12-12-2007 02:05am From-TXU ELECTRIC DELIVERY 9T25696319 T-622 P.002/002 F-330 Nov 28 07 10:03a EU, 872 841.8401 P1 C Application for Abandonment of a Public Right-of- Way/Easement Located:` cir ¶Z. r- il.rsor S_a_ EXHIBIT NO.3 The undersigned public utility companies, using or entitled to use, under the terms end provisions of our respective franchises with the City of Wylie, that portion of the public rightaof-way/utility easement sought to be abandoned in the Application for Abandonment above referred to, do hereby consent to the abandonment of the described portion thereof. Oncor Electric Delivery Company LLC, a Delaware limited liability company • Titie�r. -P�4fe�ti/ .. f- Procedure for Abardoomeidt of a Poblie ROW Page 9 Application for Abandonment of a Public Right-of-Way/Easement Located: /AaF-43r-G. 4r 'F.as-r Sre - S'co�a 3TAee1" EXHIBIT NO. 4 The undersigned, City staff of the City of Wylie, certify that they have carefully considered the Application for Abandonment of the public right-of-way/easement referred to above pursuant to City ordinances and with respect to present and future needs of the City of Wylie and see no objection to the requested abandonment from the City's standpoint. 6.44 ‘oe- NoTO hoACLu-- F;10? City Engineer Building Officia le(L/SZU./e $9/61, Planning Director e Marshal 's (A , / i ector of Publ • Services /. PRoP027Y ise 4ocu_ ?aG rear-pi.Ar7Terb -7 rA 5.L 1f MT Lrr'Y Ari b t$ 0-04-sgMFariS k�NL',t., RIG ffT-DF•WAY 16 Ae 4v0/4&'D. Procedure for Abandonment of a Public ROW Page 10 488299.v1 Application for Abandonment of a Public Right-of- Way/Easement Located: A �L 4- gear- f -r 4' Sa��n Sri?J EXHIBIT NO. 5 The attached letters represents, owners of property abutting upon that port on of the public right-of-way/easement named and described in the Application for Abandonment of a Public Right-of-Way/Easement referred to above, do hereby consent to such abandonment. Aee e 61,044 J ropeuty is c>litotto-e3 by f-:rs* 8ala4-l4 (,3i Le. Procedure for Abandonment of a Public ROW Page 11 4BB299.v1 EXHIBIT 6 CERTIFIED APPRAISAL OF'Inc VALUE OF THE LAND S‹ • Procedure for Abandonment of a Public ROW Page 13 468299.v1 I Fuller Appraisals I I AN APPRAISAL REPORT PREPARED FOR FIRST BAPTIST CHURCH OF WYLIE 100 N. 1st Street Wylie, Texas 75098 I PROPERTY LOCATION 1St, 2"d and Marble St. R.O.W. Abandonment Wylie, Collin County, Texas E APPRAISAL DATE July 30, 2007 I BY FULLER APPRAISALS 703 W. AVENUE D GARLAND, TEXAS 75040 972-271-1507 I PURPOSE OF THE APPRAISAL The purpose of this appraisal is to estimate the market value of the subject property as of the effective date of the appraisal. I PROPERTY RIGHTS APPRAISED I The property rights being appraised are the unencumbered fee simple interest in the subject property. Fee simple interest is defined as being an absolute fee; a fee without limitations to any particular class of heirs or restrictions, but subject to the limitations of eminent domain, escheat, police power and taxation. An inheritable estate. EFFECTIVE DATE Unless otherwise stated, the effective date of valuation is the date of physical inspection and is stated on page two of the appraisal report. I SCOPE OF THE APPRAISAL REPORT The scope of the appraisal means the extent of the process of collecting,confirming and reporting data. We were contacted by the client identified on Page One of this report, to prepare an opinion on the current Market Value of the subject property. As previously mentioned, the function of the appraisal is to assist the client in the evaluation of the property. This process of collecting data and information concerning the subject property and comparables consisted of contacting real estate developers,brokers,builders,investors,and financial institutions. The appraiser has also utilized various resource services for the information in regard to these properties. Factual data collected on the comparable sales included characteristics of the site and improvements, consideration of the sale price given, extent of financing made available, if any, and date of sale. I LEGAL COMPLIANCE It is assumed that there is state and local environmental stated, defined and considered full compliance with all applicable federal,regulations and laws unless noncompliance is in the LIMITED APPRAISAL report. It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless a nonconformity has been stated, defined and considered in the LIMITED APPRAISAL report. It is assumed that all required licenses,consents or other legislative or administrative authority from any local, state, or federal governmental or private entity or organization have been or can be obtained or renewed for any use on which the range of value estimate contained in based I APPROACHES TO VALUE Noted within this report, were The Cost Approach, utilizing local cost factors, or the Marshall and Swift Residential cost Handbook. Please note the Marshall and Swift Handbook was sometimes used as a guide,and local cost estimates were considered as additional references to this data. In most cases, the Age/Life Method of Depreciation was utilized in this report. The Income Approach, was considered; and the findings were so noted in the income section of this report. When not applied in the report,the findings from the market indicated there was not substantial data to support an income approach for the subject;or an income approach was not applicable to the type of property being appraised. I The Sales Comparison Approach, was considered and so noted throughout various portion of this report. This data is stated within the attached appraisal grid,and further elaborated upon in either the comments on the Sales Comparisons or Special Noted Addenda. I I 1 Fuller Appraisals File No.LAND APPRAISAL REPORT Case Na.3378-CF Borrower First Baptist Church of Wylie Census Tract 313.04 Map Reference 663.Y I z Property Address 1st St.,2nd St.,and Marble St.R.O.W.Abandonment O City Wylie County Collin State Texas Zip Code 75098 Legal Description See Comments ca Sale Price 5 Per sq.ft.basis Date of Sale see Comments Loan Term N/A yrs. Property Rights Appraised Q Fee ❑Leasehold EN Mbrimis PUD z Actual Real Estate Taxes S N/A (yr) Loan Charges to be paid by seller$ Other Sales Concessions o Lender/Client First Baptist Church of Wylie Address 100 N.1st Street,Wylie,Texas 75098 Occupant Vacant land Appraiser David L.Fuller,GAA,CCRA Instructions to Appraiser Appraise for market value I Location Urban ElSuburban Rural Good Avg.Fair Poor Built Up Over 75% ©25%to 75% Under 25% Employment Stability ^n 1 1 Growth Rate ❑Fully Dev. Rapid ©Steady Stow Convenience to Employment Property Values Increasing ©Stable Declining Conven ence to Shopp ng I I Demand/Supply Shortage X In Balance Oversupply Convenience to Schools ® jU o Marketing Tune Under 3 Mos, X 4-6 Mos. _]Over 6 Mos Adequacy of Public Transportation N 012 N E o Present Land Use 40 %1 Family_%2-4 Family %Apts_%Condo 20 %Commercial Recreational Facilites Ell 2 10 %Industrial 30 %Vacant % Adequacy ofUtikties X o Change In Present Land Use Li Not Lkely ElLikely(*) n Taking Place(') Property of Compatibility m (')From Public Roadways To Church Land Use Protection from Detrimental Conditions X Predominate Occupancy X Owner (Tenant %Vacant Police and Fire Protection X z Single Family Price Range S 80,000 to S 200.000 Predominant Value S 130,000 General Appearance of Properties X 1 Single Family Age New yrs to 50 yrs. Predominant Age 15 yrs Appeal to Market X Comments including those factors,favorable or unfavorable,affecting marketability(e.g.public parks,schools,view,nose): See the Comments Addendum IIDimensions See Comments Total of 1.42 acres or 61,724 sq.ft. UComer Lot Zoning Classification CR-Community Retail&SF-10/19-Single-Family 10/19 Present Improvements I X Ido Edo not conform to zoning regulations Highest and best use 0 Present use❑Other(specify) Public Other(Describe) OFF SITE IMPROVEMENTS Topo Fairly level Elec. X Street Access n Public ❑Private Size Average for the area Gas Surface Asphalt Shape Rectangular parcels Water X Maintenance n Public n Private View Average San.Sewer X Storm Sewer X Curb/Gutter Drainage Adequate III U Underground Elect.&Tel. X Sidewalk X Street Li hts Is the property located In a HUD identified Special Flood Hazard Area?0 No(]Yes Comments(favorable or unfavorable including any apparent adverse easements,encroachments or other adverse conditions):No adverse easements or encroachments were noted on the inspection. There are typical utility easements necessary to serve the subject tract. Please see the Flood Map located later in this report for further details regarding the flood data. I The undersigned has recited three recent sales of properties most similar and proximate to subject and has considered these in the market analysis.The description includes a dollar adjustment reflecting market reaction to those items of significant variation between the subject and comparable properties.If a significant item in the comparable property is superior to or more favorable than the subject property,a minus(-)adjustment is made thus reducing the indicated value of subject;if a significant item in the comparable is inferior to or less favorable than the subject property,a plus(]adjustment is made thus increasing the indicated value of the subject. I ] SUBJECT PROPERTY COMPARABLE NO.1 COMPARABLE N0.2 COMPARABLE NO.3 Address il,2nd 6 Men*Si ROW AEan°°nmenl 511 W.Brown St. 2300 N.Hwy 78 Lot 14R,Butler St. Wylie,Texas 75098 Wylie,Texas Wylie,Texas Wylie,Texas en Proximit to Sub'"ct . . 0.5 mile Northwest 1.0 to 2.0 miles Northeast 2.0 to 3.0 blocks South B Sales Price S Per sq.ft.basis S 2.57 • S 6.00 : 5 2.47 r '-.. 1 • .. ., .'• •� '-' 1 .t Price 1 S See Comments S 275,000 _.S 539,342 5 35,000 az Data Source Inspected MLS#10372705��5 MLS#10183827 MLS#10676194 d Date of Sale and DESCRIPTION DESCRIPTION A�fustmem DESCRIPTION Adj rent DESCRIPTION Adi intent a TimeAdiustment 7/30/2007 3/24/2005 +0.13 1/17/2005 +0.30 6/27/2007 I c Location Average Superior -0.51 Superior -3.00 Equal w SiteMew ir 61,724 sq.ft. 107,188 sq.ft. +0.26 89,890 sq.ft. 14,196 sq.ft. -0.74 Zoning CR/SF-10J19 NS -0.51 CC 1.50 Single-Family Z ISales w Financing Concessions Net Ad' otal _ .,._ , I (Plus f X]Minus 5 -0.63 I (Plus)X(Minus S -4.20 I (Plus(X I Minus S -0.74 Indicated Value ,' , `Net.-25% .,. ___.. Net 70%__,__ Net -30%_ of Subject Gross=55°/a S 1.94 Gross=60% S 1.80 Gross=30% S 1.73 IComments on Market Data All of the comparable sales used in this data set were located in the similar marketing areas like the subject. Comments and Conditions of Appraisal: The subject is to be valued as a vacant land tract only,devoid of any improvements,although I presently the land area is improved with street paving,curb&gutters,and utilities.Thus the Cost and Income approaches to value z were not applicable for this study. No other conditions are necessary for the estimate of value stated on this report. o Final Reconciliation: The Sales Comparison Approach was the only valid analysis for this study as the subject is to be valued as a I Q vacant land tract only. Equal weight was placed on all three(3)comparable sales in order to determine a final value analysis for the 5- subject. Thus the subject was assigned an estimated value of 51.80/sq.ft.x 61,724 sq.ft.or 9111.000.00(rounded). z• I E MARKET VAL .A n EFINED,OF SU: CT PROP--TY AS OF July 30,2007 to be S 111,000 4111 W �� ��� Review Appraiser(if applicable) 'r . • •W +♦��.Aw� r v, Did Not Physically David L.Full:,G. •, -.r �� i Inspect Property vale Report Signed August 1;2007 Dale Report Signed late Certification# 1320771-G _Stale TX State Certification# State •r State License# State Or State License# State I Expiration Date of License or Certification 5/31/2009 Expiration Date of License or Certification ClickFORMS Appraisal Software 600-622-8727 Page 1 of 9 Fuller Appraisals COMMENT ADDENDUM File No. 3378-CF Case No. Borrower First Baptist Church of Wylie Property Address 1st St.,2nd St.,and Marble St.R.O.W.Abandonment City Wylie Canty Collin Stale Texas Zip Code 75098 LenderiClient First Baptist Church of Wylie Address 100 N.1st Street,Wylie,Texas 75098 COMMENTS ON THE HISTORY OF THE SUBJECT AND THE LEGAL DESCRIPTION: The legal description was not available as a proper survey has yet to be performed due to portions of the aforementioned streets being abandoned by the City of Wylie and said to be soon deeded to First Batist Church of Wylie.The land areas noted in this report have been streets maintained by the City of Wylie for a period far exceeding three years.Portions of these streets are to be abandoned by the City of Wylie. Please see the attached R.O.W.Abandonment Map for greater details. COMMENTS ON THE NEIGHBORHOOD: The subject land tract is located on the north side of State Highway 78 in the City of Wylie,and lies between the southwest corner of Brown St.and SH-78 and the northeast corner of Ballard Ave.and SH-78.It is approximately 20-25 miles northeast of the Dallas Central Business District. Good access is allowed to business and shopping areas via SH-78,on which a portion of the subject lies.The surrounding neighborhod is a mix of commercial/retail properties located along the major arteries and the old downtown area of Wylie immediately west of the subject as well as a host of single-family subdivisions surrounding the subject being newer and older subdivisions. There is also a good amount of vacant land surrounding the subject.There are some industrial facilities located to the west and southwest of the subject primarily located along SH-78 and FM-544.Also of note,Lake Lavon is located less than two miles north and northeast of the subject providing the area the typical recreational type activities associated with lakes.SH-78 is a four-lane divided roadway connecting the subject to the cities of Sachse and Garland to the southwest and to the City of Lavon to the northeast.SH-78 also connects to SH-190 further to the southwest.The streets designated for the subject as R.O.W.abandonment and the neighborhood streets on which the subject fronts are undivided asphalt roadways and follow a north/south and east/west pattern. COMMENTS ON THE SALES COMPARABLES: SALE#1: This comparable was located less than one mile northwest of the subject on Brown St and is a larger tract of land to that of subject's combined areas.Typically,a smaller parcel of land similar in size to the subject will tend to sell for more per square foot relative to a larger tract similar in size to the comparable.The comparable was deemed superior to the subject due to location as the comparable has frontage along a major roadway for this area,being Brown St.and was a corner lot.Although the zoning of the land areas has a portion designated for Community Retail and Single-Family uses,the overall use will be for church usage. Therefore,the comparable was deemed superior to the subject due to overall use as it has a neighborhood service zoning.This zoning generally provides a greater return of the land than the use of the subject.The comparable was also deemed inferior to the subject due to date of sale as land values have been increasing for tracts similar to that of the subject and comparable since the comparable's date of sale. SALE#2: This comparable was located approximately 1.5 miles northeast of the subject on State Highway 78 across from the Super Wal-Mart.The comparable was deemed similar to the subject due to size.The comparable was deemed superior to the subject due to location as the comparable is located in an area of growing commercial activity due to the anchor Wal-Mart tenant and several new housing subdivisions surrounding the sale as well as having frontage along SH-78.Although the zoning of the land areas has a portion designated for Community Retail and Single-Family uses,the overall use will be for church usage. Therefore,the comparable was deemed superior to ■ the subject due to overall use as it has a commercial corridor zoning.This zoning generally provides a greater return of the land than the use of the subject However,the comparable was deemed inferior to the subject due to date of sale as land values have been increasing for tracts similar to that of the subject and comparable since the comparable's date of sale. SALE#3: This comparable was located a few blocks south of the subject in an area of similar single-family subdivisions and similar location due to proximity near SH-78.No location adjustments were warranted for these similarities.The comparable was also deemed similar to the subject due to overall zoning/use and date of sale.However,the comparable was a much smaller tract of land to that of the subject.Typically,a smaller parcel of land similar in size to the comparable will tend to sell for more per square foot relative to a larger tract similar in size to the subject. COMMENTS ON LAND VALUATION: There is a total of three(3)land parcels to be abandoned by the City of Wylie.These are described as follows: -1st Street(north from Marble Street to Jefferson Street)-0.48 acres or 21,000 sq.ft. -Marble Street(west from 2nd Street to the alley just past 1st Street)-0.75 acres or 32,550 sq.ft. -2nd Street(north from SH-78 to the southern boundary of Marble Street)-0.19 acres or 8,174 sq.ft. -Total of all three land parcels-1.42 acres or 61,724 sq.ft. Currently these R.O.W.streets are improved with asphalt paving,curbs and gutters,and utilities.At the request of the client,the land areas aforementioned are to be valued as one bulk number devoid of any improvements.Please see the Proposed R.O.W.Abandonment Map located later in this report for further details regarding the location of the streets and overall size.All subject land sizes were provided by the client and the appraiser does not warrant, written or implied,these land masses or their exact size. ClickFORMS Appraisal Software 800.622-8727 Page 2 of 9 EXHIBIT 7 RELEASE OF CLAIMS Procedure for Abandonment of a Public ROW Page 14 488299.v1 RELEASE OF CLAIMS l.'-1( 1 oxres In consideration of the abandonment of 441iiiRmthism=filtewn=f4st4get of right-of-way which is a part of'Ro Iy....1 L .,,and adjacent to 4ets IY\irbla p"►�r+ efDlock >� 5ac.chd S S . of the Original Town of 1„) ►, , according to the Plat thereof recorded in Volume Ti , Page L/j ( , of the Deed Records of Gn(I;, County, Texas, as more particularly described in Exhibit"A" attached hereto and incorporated herein for all purposes(the"Right-of- Way"), the receipt and sufficiency of which is hereby acknowledged, we, {=QG W (u. release any and all claims against the City of Wylie, Texas, and its Council Members, officers, agents, employees and representatives,which we may possess at the time of the execution of this document, or which come to exist as a result of conduct occurring prior to our execution of this document,relating in any way to the Right-of-Way. We are fully authorized and empowered to execute and enter into this Release upon the terms stated herein, and fully authorized and legally competent to execute this Release as the legal, valid and binding act and deed of the releasing party(ies). We represent and warrant that the claims released above are currently owned solely by us, E C. W lit, , free and clear of all liens, encumbrances, pledges, assignments, claims and security interests of any kind or nature. We further represent and warrant that we have the right to compromise and settle the claims and any other claims that could have been asserted by us which relate in any way to the Right-of-Way. We agree to indemnify and hold harmless the City of Wylie, Texas, and its Council Members, officers, agents, employees and representatives from any and all costs and damages arising from claims or encumbrances contrary to the representations and warranties contained in the preceding paragraph of this Release. This Release shall be binding upon and inure to the benefit of the parties'respective legal heirs, successors and assigns. Should any portion(word, clause, phrase, sentence, paragraph or section) of this Release be declared void or unenforceable, such portion shall be considered independent and severable from the remainder,the validity of which shall remain unaffected. In witness whereof, we have executed this Release on the 7 day of oj �Ghv4of , 200S. (As. Procedure for Abandonment of a Public ROW Page 15 488299.v1 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF ( 9\\\ \ § Before me, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the 7"day of (tao`P , 200g a��nr!a�;: KAREN D. TAYLOk #' '^z Notary Pub!(c,State of'' ..,E My Commission Ext.•t .�W February 27,201 a Not Pu hc, State Texas 1n "'.' My Commission Expires: STATE OF TEXAS § COUNTY OF § Before me, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the,purposes and consideration therein expressed. Given under my hand and seal of office on this the day of 200 . Notary Public, State of Texas My Commission Expires: Procedure for Abandonment of a Public ROW Page 16 488299.v1 7; Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: February 26, 2008 Item Number: 3 (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: February 7, 2008 Budgeted Amount: Letter of Exhibits: Resignation/Ordinance 1956 Subject Consider, and act upon, the acceptance of the resignation of John Onufreiczuk and the appointment of a new member to the Planning and Zoning Commission to fill the unexpired term of July 2006 to July 2008. Recommendation A motion to accept the resignation of John Onufreiczuk and the appointment of to the Planning and Zoning Commission to fill the unexpired term of July 2006 to July 2008. Discussion Article VIII, Section 2A of the City Charter authorizes the City Council to establish a planning and zoning commission. Ordinance 1956, establishing the Planning and Zoning Commission, stipulates that the Planning and Zoning Commission shall: 1. Consist of seven(7)citizens of the City of Wylie 2. Shall be qualified voters who shall serve for a term of two(2)years. 3. Members of the planning and zoning commission shall be residents of the City of Wylie for at least 12 months preceding the date of appointment; 4. Be knowledgeable in the affairs of the city and be knowledgeable in the functions and activities provided for in Article IX of the City Code of Ordinances; 5. Make and recommend to the city council a master plan to be used as a guide in considering ordinances for the orderly development of the city. 6. The commission shall, not less than every five years, review and recommend to the city council amendments to the master plan of the city. 7. Recommend to the city council proposed ordinances and amendments to ordinances regarding planning, zoning and environmental quality and review ordinances and amendments proposed by the city council relative to the city council's planning and zoning function. 8. Receive and review all platting and subdivision proposals and make recommendations to the city council for appropriate action. Page 1 of 2 Page 2 of 2 John Onufreiczuk was appointed to the Planning and Zoning Commission in 2006. Mr. Onufreiczuk, who has served very faithfully on the Commission, has recently submitted his resignation from his appointment to the Planning and Zoning Commission effective February 6, 2008. (See attached letter) Approved By Initial Date Department Director RO 02/07/08 CityManager a l Q I ll . PIZ Cha;r may), 10141,-, iTe4 411crt c4u 4o 2SI a75045 ACS. 01 (8,5-15 Pa-6 1/1 4t, 41)e pknfi)pj 20_0)." coom;sssfo,i, have_ jct;ne a id. okoo,oiecije or 4k pas-71- 199D415 hove ejai_ay_ed 5ervioj aeas 0-r Wylie 4' (,):/( "Yriss egcii _ 4he Cbon)...5.51&.ze.6, PkQ5e acre,/ /94y ,2-1-16,e71;ue f-4 IA, zoo, kel indult!, ilul)/ -611.,A.,1 .1 E.-Zm Lid CM tw-ketezkiic • - - R5,0 44}tt AN ORDINANCE CREATING A PLANNING AND ZONING COMMISSION FOR THE CITY OF WYLIE, TEXAS, AND • PRESCRIBING THEIR POWERS AND DUTIES . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE , TEXAS: That Section 1 , of Ordinance # 1956 , titled "An Ordinance Creating A Planning and Zoning Commission for the City of Wylie , Texas and Prescribing Their Powers and Duties" be amended to read as follows : Section 1 . That there is hereby created and established for the City of Wylie , Texas , a Planning and Zoning Commission , which shall be composed of 7 members . The members shall be resi- dent citizens , taxpayers and qualified voters of the City, all of whom shall be appointed by the Mayor subject to confirmation by the Governing body, to serve for terms of 2 years . All vacancies shall be filled for the unexpired term in the same manner as provided for the original appointments . All expired terms shall be filled for terms as provided for the original ap- pointments and in the same manners . Members of the Commission may be removed by the Mayor, with the consent of the Governing Body, after public hearing and for cause assigned in writing . The members of the Commission shall serve without compensation. ' Section- 2. The Planning and Zoning Commission shall elect a Chairman and Vice Chairman from its membership and shall have power to employ such qualified persons as may be necessary for the proper conduct and undertakings of the Commission and to pay for their services and such -other necessary expenses, provided that the cost of such services an"d expenses shall not exceed the amount appropriated by the governing body for the use of the Commission. It shall also have the power to make rules, regulations and by-laws for its- own government, which shall conform .as. nearly as 1, As amended by Ordinance #79-26 November 13, 1979. possible with those governing the City Council and same shall be subject to approval by such Council. Such by- laws shall include, among other items, provisions for: ( a) regular and special meetings , open to the public; (b) records of its proceedings , to be open for inspection by the public; ( c) reporting to the governing body and the public, from time to time and annually; and (d) for the holding of public hearings on its recommendations. Section 3. The Planning and Zoning Commission shall have the power and it shall be its duty to make and recommend for adoption a master plan, as a whole or in parts , for the future development and redevelopment of the municipality and its environs and shall have power and it shall be its duty to prepare a comprehensive plan and ordinance for zoning the city in accordance with Chapter 283, Acts of the Regular Session of the Legislature, 1927 , (Arts. 1011a to 1011j, R.C.S. ) . The Commission shall perform such other duties as may be prescribed by ordinance of State Law. PASSED AND APPROVED, this 26th day of . April f 1956. APPROVED: A. D . Boyd Mayor Pro-Tem Mayor, City of Wylie ATTEST: W.W. Housewright City Secretary ORDINANCE 79-26 2%, AN ORDINANCE AMB1,JING PLANNING AND ZONING COAISSION ORIDNANCE # 1956 AS AMENDED SECTION 1 . ; SEVERABILITY ; EFFECTIVE DATE : November 13 , 1979 . TO ADD SECTION 4 : TO WIT ; VALIDITY Should any section or provision of this ordinance be declared invalid, such decision shall not affect the ordinance .as a whole or any part there of except the section or provision so declared to be invalid. TO ADD SECTION 5 ; The effective date of this amendment to Ordinance # 1956 shall take effect on the 13th day of November , 1979 . PASSED AND APPROVED this the 13th day of November , 1979 . /2/ ohn W. Akin, Mayor ATT T: -7 (2A a - (2b/t/ arah A. Connelly City Secretary -7707 Art. 1011e CITIES, TOWNS AND VILLAGES Note 7 Question whether amendatory zoning ordi- 10. Population increase nance was illegal and void because amount- Facts that there had been substantial in- crease in population within city limits since ing to spot zoning was one of law and not of •: fact,and court in deciding it was required to enactment of comprehensive zoning ordi- have due regard to all circumstances of city, nance and that there was need for multifami- object sought to be attained and necessity ly housing and public housing did not,in and r , existing for the ordinance. Thompson v of themselves, justify "spot zoning" which �` City of Palestine (Civ.App.1973) 502 S.W.2d rezoned subdivision from single-family use to s 570, reversed on other grounds 510 S.W.2d multifamily use. Tippett v. City of Pharr '' 579. (Civ.App.1980) 600 S.W.2d 951, reversed on h �y� 2R" It was zoning classification of tract of land other grounds 616 S.W.2d 173. which was rezoned from single-family resi- dential to multifamily_ residential which 11. Conditional variance Court of Civil Appeals had to consider; Record established that permission granted F w therefore, quality of proposed development defendant by city to move houses onto agri- Y saw-. > was immaterial to its decision. Tippett v. culturally zoned property was, at most, con- City of Pharr (Civ.App.1980) 600 S.W.2d ditionally granted on a temporary basis sub- � 7 reversed on other grounds 616 S.W.2d 173. ject to subsequent approval by planning and .4 3. zoning commission; however, no such ap- 1 ` In cases where a city amends its own corn- proval was granted and, therefore,defendant 1 prehensive zoning ordinance,the reasonable- was in violation of the zoning ordinance. , •: " ness or arbitrariness of the proposed action is Fuentes v. City of Kingsville ordinance. 1) tag a question of law to be decided by the court. 616 S.W.2d 679. :1 City of Lubbock v. Austin (Sup.1982) 628 S.W.2d 49. 12. Pleadings 8. Accessory use of property Naked assertions that action of city zoning .,tea K Tennis court to be used solely by one board of adjustment, in granting special use „- family and constructed on lot containing exception so that church could conduct non- .� = ` t their dwelling was"accessory use"customar- profit ball park and practice field in residen , ily incident to dwelling within city ordinance tial zone, was not in conformity with corn- '4 _ prescribing zoning regulations for first dwell- prehensive plan did not establish such non- ing house districts. Hardy v. Calhoun (Civ. conformity as a matter of law where nowhere : .v c App.1965) 383 S.W.2d 652. in their pleadings did objectors to special ' ry 9. Traffic increases exception challenge validityy of legislative ac- » Evidence of increased traffic and widened tion which permitted ball arks and practice . ' k, fields to be located in residential districts streets in area in question was not sufficient ,� Board of Adjustment of City of San Antonio`, �� } to create fact issue as to whether "spot zon- v Leon(Civ.App.1981)621 S.W.2d 431 �: �' �` ' lug of particular tract was justified by L - ppe " '"� changed conditions in the area• Tippett v. 13 Notice �� r -� ,• City of Pharr (Civ.App.1980) 600 S.W.2d „ a; 951, reversed on other grounds 616 S.W.2d Homeowners who purchased their horns 173. -' after adoption of amendments to city corn: Evidence of increased traffic and widened prehensive zoning ordinance did so with noo- r -, ordinances in the area in question fails even to tice of the rezoning and therefortt t 4 ,' create fact issue as to whether case of "spot could not subsequently maintain acuoq, k zoning" is justified unless increase in traffic against the city challenging the amendments.. , is tremendous or rezoning in question is sub- Leach v.City of North Richland Hills(Aprt- . ., ., �£ stantial. Id. '' 1982) 627 S.W.2d 854. 4" IA. Art. 1011f. Zoning commission s t (a) In order to avail itself of the powers conferred by this Act,thea, body of a home-rule city shall, and the legislative body of a general municipality may, appoint a commission, to be known as the Zoning Comm (b) If a Zoning Commission is appointed, it shall recommend the bouni,,t of the various original districts and appropriate regulations to be enforced th Such Commission shall make a preliminary report and hold public not thereon before submitting its final report, and such legislative body its public hearings or take action until it has received the final report of Commission; provided,however,that any city or town, by ordinance,afterpubl / for the holding of any public hearing of the legislative body, • 196 ,L»a __. w 1 CITIES, TOWNS AND VILLAGES Art. 1011E Note 2 " notice required by Section 4 of this Act, jointly with any public hearing required , to be held by the Zoning Commission, but such legislative body shall not take action until it has received the final report of such Zoning Commission. Where a City Plan Commission already exists, it may be appointed as the Zoning Commis- i sion. Written notice of all public hearings before the Zoning Commission on r ' I proposed changes in classification shall be sent to owners of real property lying ) within two hundred (200) feet of the property on which the change in classifica- tion is proposed, such notice to be given, not less than ten (10) days before the '( ' k, date set for hearing, to all such owners who have rendered their said property for �• city taxes as the ownership appears on the last approved city tax roll. Such .,f notice may be served by depositing the same,properly addressed and postage paid, in the city post office. Where property lying within two hundred (200)feet of the property proposed to be changed is located in territory which was annexed to the city after the final date for making the renditions which are included on the last i, - approved city tax roll, notice to such owners shall be given by publication in the k manner provided in Section 4 of this Act. ' ' $ (c) Any other law that refers to a municipal Zoning Commission or Planning Commission shall be construed as referring to the legislative body in the case of a .. general law municipality that exercises zoning power without appointment of a % • Zoning Commission. Amended by Acts 1979, 66th Leg., p. 1869, ch. 754, § 1, eff. Aug. 27, 1979. ___L___ Cross References Where deed provided that grantees would Enforcement of land use restrictions con- make no objection to any governing body s tamed in plats, cities of more than I,000,000, against zoning of remainder of grantors '� see art. 974a-1. property for business or commercial use,ob- ii jection subsequently made to City Plan Law Review Commentaries Commission by sole stockholder and presi- dent of corporation which was successor of Annual survey of Texas law: Property- original grantees was made in behalf of con- ll , Land utilization. Paul B. Larsen, 21 South- poration, and not in an individual capacity, western L.J. (Tex) 9, 10 (1967). where sole stockholder and president owned Regional land use control. Robert Bruce no property in vicinity and property con- ",,,x i Evans, 22 Baylor L.Rev. 1 (1970). veyed under deed was only property owned by co ration in vicinit Id. 4,# 4 . � 5. Rezoning: Should it be legislative or judi rpo y Yt' ; t+ cial function? Jerry L. Hams, 31 Baylor Right to appear before zoning commission 1 .„`a,' t' L.Rev. 409 (1979). is mere legislative right as distinguished from constitutional right. Lawton v. City of Aus- r,• tin(Civ.App.1966)404 S.W.2d 648,ref. n.r.e. "''� Legislature may put such restrictions on ° Supplementary Index to Notes "` Y� and provide manner in which municipalities , ` Zoning changes 7 may exercise delegation of zoning authority F r ,t as it sees fit. Id. Na Pre-election campaign statements and ' ''"V 1. Validity of law promises,allegedly made by home rule city's -' mayor and two councilmen running on polit- -.X.$' '' Notice provisions of statutes governing es- Y tablishment of and procedure by zoning corn- ical platform opposing construction of more 1, mission were constitutionally adequate and apartments, did not disqualify members of . '4^ valid. Lawton v. City of Austin (Civ.App. council from participating in its future offi- 1966)404 S.W.2d 648, ref. n.r.e. cial actions in passing or refusing to pass ' �s�, amendatory ordinance changing zoning from `' ' 2. Construction and application apartment to residential. City of Farmers fi.-- t1; Where grantees agreed to make no objec- Branch v. Hawnco, Inc. (Civ.App.1968) 435 � tion to any governing body against zoning of S.W.2d 288, ref. n.r.e. grantor's remaining property for business or Assurances in regard to continuing apart- . commercial use, objection subsequently ment zoning given to property owner by made to City Plan Commission was an "ob- individual members of home rule city's coon- jection to any governing body.- Dilbeck v. cil were not binding on such governmental Bill Gaynier,Inc.(Civ.App.1963)368 S.W.2d body which may act only in its official capac- 804, ref. n.r.e. ity. Id. _ " 197 ` s . . .,t•:;# `•i'. �` 3 a4..-,,-3,--- _-. r eta-�+= _ .'. + i. ' of .. _ - _.. .x,.y.,.,� ^ 'L - s.: CITIES, TOWNS AND VILLAGES Art. 1011g Requirement is not that amendment by Unger v. State (App.1982) 629 S.W.2d 811, `s^ 1 , city council to zoning ordinance have actual- review refused. '` ►y been discussed before city planning corn- Exercise of police power by ordinance re- ;`. - mission, but that opportunity was afforded quiring permit for drilling oil within home r- .7% for it to have been. Midway Protective .. , rule city's limits did not require city to incur- , ,4, League v. City of Dallas (Civ.App.1977) 552 " U S.W.2d 170, 7 A.L.R. 4th 725, ref. n.r.e. prate within its ordinance all of statutory " Y , requirements for zoning regulations. Id. Generally speaking, zoning ordinances, V+ both original and amendatory, are presumed Home rule city's ordinance requiring per- to be valid; consequently,extraordinary bur- nuts for drilling oil wells within city limits l t � was presumablyconstitutional. Id. �'� � _ den rests on party attacking the ordinance to " V r , show that no conclusive or even controver •- sial or issuable facts or conditions exist 7. Zoning changes TM which would authorize city to exercise its The City Plan Commission is an agency ' .� } 4 ` discretion. Tippett v. City of Pharr (Civ. invested by law with duty of hearing applica- . `" App.1980)600 S.W.2d 951,reversed on other tions for zoning changes and of making rec- grounds 616 S.W.2d 173. ommendations thereon to the city council, e and an objection filed with the City Plan ��� Where city imposed temporary zoning in ..s 4,, newly annexed area but did not comply with Commission is in effect an objection to the citycouncil, which is the governingbody. statutory zoning notice and hearing require- y' -° ' ' ment, and for nine years thereafter did not Dilbeck v. Bill Gaynier, Inc. (Civ.App.1963) •�" ^' `', ` '. initiate proceedings to enact permanent zon- 368 S.W.2d 804, ref. n.r.e. x r , ing plans for annexed area,temporary zoning Trial court had no authority to restrain y -; classification imposed on property annexed home rule city's planning and zoning corn- m was invalid. Haynes v.City of Quanah(Civ. mission from exercising its legislative func- �`� App.1980) 610 S.W.2d 842, ref. n.r.e. tion of holding public hearings on advisabil- A Ordinance requiring permit from city for ity of zoning change. City of Farmers drilling oil well within city limits did not Branch v. Hawnco, Inc. (Civ.App.1968) 435 � »▪ . conflict with state law on the same subject. S.W.2d 288, ref. n.r.e. 4,;, ' '" )Art. 1011g. Board of adjustment r N ` , 3 i (a) Such local legislative body may provide for the appointment of a Board of � � Adjustment, and in the regulations and restrictions adopted pursuant to the i" g ` authority of this Act may provide that the said Board of Adjustment may, in ▪. .„ w appropriate cases and subject to appropriate conditions and safeguards, make ,� ,.' special exceptions to the terms of the ordinance in harmony with its general ' � purpose and intent and in accordance with general or specific rules therein f- contained. ; (b) The Board of Adjustment shall consist of five (5) members, each to be ` ` appointed for a term of two (2) years and removable for cause by the appointing sP� authority upon written charges and after public hearing. Vacancies shall be filled ' z'p `f:d for the unexpired term of any member whose term becomes vacant. Provided, a,-" however, that the governing body of any city may, by charter provision or ordinance, provide for the appointment of four (4) alternate members of the , a Board of Adjustment who shall serve in the absence of one or more regular . i members when requested to do so by the mayor or city manager, as the case may :fir be. All cases to be heard by the Board of Adjustment will always be heard by a minimum number of four(4) members. These alternate members, when appoint- ed,shall serve for the same period as the regular members and any vacancies shall be filled in the same manner and shall be subject to removal as the regular i..,- s members. r (c) The Board shall adopt rules in accordance with the provisions of any x ; . ordinance adopted pursuant to this Act: Meetings of the Board shall be held at . the call of the chairman and at such other times as the Board may determine. Such chairman, or in his absence the acting chairman, may administer oaths and . e ii compel the attendance of witnesses. All meetings of the Board shall be open to " --,•_ t` the public. The Board shall keep minutes of its proceedings, showing the vote of 7: - -v,' each member upon'each question, or, if. absent or failing to vote, indicating such �-' �4� v .� � fact, and shall keep records of its examinations and other official actions, all of m d " 199 r, t^ r i is ' x Bey' ''.,s4' ,."z k `s.v'r,'' ;E jY' '' M a f!4}. : �'i`Q" __ Art. 1O11g CITIES, TOWNS AND VILLAGES - z. which shall be immediately filed in the office of the Board and shall be a public record. (d) Appeals to the Board of Adjustment may be taken by any person ; aggrieved or by any officer, department, board, or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board,by filing with the _ officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. (e) An appeal stays all proceedings in furtherance of the action appealed . , ,Afrom, unless the officer from whom the appeal is taken certifies to the Board of 1, Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed , -, otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application on notice to the officer from .- whom the appeal is taken and on due cause shown. r (f) The Board of Adjustment shall fix a reasonable time for the hearing of x <<,'. the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any N party may appear in person or by agent or by attorney. � , (g) The Board of Adjustment shall have the following powers: .'F 1. To hear and decide appeals where it is alleged there is error in any order, ,, W requirement, decision, or determination made by an administrative official in the enforcement of this Act or of any ordinance adopted pursuant thereto. 2. To hear and decide special exceptions to the terms of the ordinance upon , which such Board is required to pass under such ordinance. 3. To authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to C047special conditions, a literal enforcement of the provisions of the ordinance will ,, result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. �} , (h) In exercising the above-mentioned powers such Board may, in conformity r with the provisions of this Act, reverse or affirm, wholly or partly, or may modify , the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made, and to that k end shall have all the powers of the officer from whom the appeal is taken. 4 (i) The concurring vote of four (4) members of the Board shall be necessary _ _ .- to reverse any order, requirement, decision or determination of any such adminis- r.... .-A ''' trative official,or to decide in favor of the applicant on any matter upon which it ;, �= is required to pass under any such ordinance, or to effect any variation in such x ` ordinance. 4 U) Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or l "� bureau of the municipality, may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying `" .. " ,44� the grounds of the illegality. Such petition shall be presented to the court within , .,�4 2 `' ten 10 da s after.the filin of the decision in the office of the Board `� _ (k))Upon presentation of such petition the court mayallow a writ of ; ` g' tam certiorari directed to the Board of Adjustment to review such decision of the `� , ' Board of Adjustment and shall prescribe therein the time within which a return ; ��7� . ����3 thereto must be made and served upon the relator's attorney, which shall not be .' , 4. less than ten (10)days and may be extended by the court. The allowance of the ` ' writ shall not stay proceedings upon the decision appealed from, but the court sry *ve } s , $* T- ' ( d P' TsE '�k'�t., '4kvi } r' s ` r,,---•• ' — 1 + a'' "x ,., ',.*�,..f.. cf� ,i mow:- e ' gas, a+ S, -, Mi .. ',,# ,",µ. a re ro h, m _ ,,,ii;F` uFuzr,` �.,7-17,-.;k., _,... ,.,.u:....,.2, ,. _ . r.1z,r::3 .'�.rtt-4—Pe,41;iM ._ G`;-' '':'i„. tr._ ab ,4A !, r. i CITIES, TOWNS AND VILLAGES Art. 1011g Note 2 may, on application,on notice to the Board and on due cause shown, grant a ' restraining order. •i (1) The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material i to show the grounds of the decision appealed from and shall be verified. (m) If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter,it may take evidence or appoint t a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm wholly or partly,or may modify the decision brought , up for review. (n) Costs shall not be allowed against the Board unless it shall appear to the court that it acted with gross negligence,or in bad faith, or with malice in making 1, the decision appealed from. ; (o) Repealed by Acts 1981, 67th Leg., p. 2646, ch. 707, § 4(54), eff. Aug. 31, L1981. --t $ Amended by Acts 1971, 62nd Leg.,p. 2385,ch. 742, § 1, eff. June 8, 1971. Law Review Commentaries City of Dallas (Civ.App.1974) 517 S.W.2d Judicial review of administrative orders in 344. Texas. David M. Guinn, 23 Baylor L.Rev. Delegation of authority from home-rule 34(1971). city to its board of adjustment to initially Rezoning: Should it be legislative or judi- hear and determine questions relating to cial function? Jerry L. Harris, 31 Baylor nonconforming use of property was a valid L.Rev. 409 (1979). exercise of city's police power. Id. M Standing to appeal administrative deci- In suit in which plaintiff sought injunctive sions in Texas. Franklin S. Spears and Jeb relief and writ of mandamus to compel city C. Sanford, 33 Baylor L.Rev. 215 (1981). engineer to issue permit to allow repair of a Substantial evidence review in Texas. building damaged by fire,error in refusing to Thomas M. Reavley, 23 Southwestern L.J. dismiss part of suit prematurely pled was (Tex.) 239 (1969). harmless,in that trial court's judgment limit- ed to constitutional issues was valid if sup- • ported by the record. Adcock v. King(Civ. Supplementary Index to Notes App.1975) 520 S.W.2d 418. In suit brought by city for mandatory in- Costs 22 junction compelling removal or lowering of Discretion of court, review 21.5 advertising sign erected in violation of city Findings of board 24 airport zoning ordinance, trial court did not Injunction 133 have power concurrent with that of board of Meetings 23 adjustment to issue variances, despite fact Remedies generally 153 that, on appeal from board of adjustment, Res judicata 25 court could have determined independently . whether exception or variance was appropri- ate, and thus could not permit advertising . 2. In general sign to remain as a variance to airport zoning Legislature may put such restrictions on ordinance. City of Dallas v. Gaechter (Civ. and provide manner in which municipalities App.1975) 524 S.W.2d 400, error dismissed. may exercise delegation of zoning authority Where undisputed testimony established W as it sees fit. Lawton v. City of Austin that building fronted on highway and that (ti (Civ.App.1966) 404 S.W.2d 648, ref. n.r.e. wall of building which did face eastern street This article which provides that boards of was solid wall without any doors or win- adjustment of home-rule cities shall have au- dows,property was subject to 50-foot setback thority "to hear and decide appeals" grants requirement for highway despite owner's authority and does not prohibit boards of contention that his building "fronted" on adjustment from hearing matters initially if eastern street. Reiter v. City of Keene(Civ. granted such right by city council. White v. App.1980) 601 S.W.2d 547, certiorari denied 201 il �- y the effective date of this Ordinance or was a nonconforming use under the provisions of the prior zoning ordinance and has since been in regular and continuous use. 20-101 Any non-conforming use of land or structures may be continued for definite periods of time subject to such regulations as the Board of Adjustment may require for immediate preservation of the adjoining property prior to the ultimate removal of the non-conforming use. The Building Inspector may grant a change of occupancy from one non-conform- ing use to another, providing the use is within the same, or higher or more restricted classification as the original non-conforming use and such change of use and occupancy will not tend to prolong and continue the non-conforming use. In the event a non-conforming use of a building may be changed to another non-conforming use of the same or more restricted classification, it shall not later be changed to a less restrictive classification of use and the prior less restrictive classification shall be considered to have been abandoned. 20-102 If a structure occupied by a non-conforming use is destroyed by fire, the elements or other cause, it may not be rebuilt except to conform to the provisions of this ordinance. In the case of partial destruction of a non-conforming use not exceeding ninety (90) percent of its reason- able value, reconstruction will be permitted but the size or function of the non-conforming use cannot be expanded. -2..1m007 SECTION 21: BOARD OF ADJUSTMENT 21-100 Organization: There is hereby created a Board of Adjustment consisting of five (5) members who are qualified citizens and_voters and are .n o t_ members of the Planning Commission or City Council , each to be appointed by resolution of the City Council for a term of two years and removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member, whose place becomes vacant for any cause, in the same manner as the original appointment was made. Two members heretofore appointed shall serve until or until their successors are appointed and three members, as heretofore appointed, shall serve until or until their successors are appointed, and thereafter each member reappointed or each new appointee shall serve for a full term of two years unless removed as hereinabove provided. Provided, however, that the City Council may appoint two alternate members of the Board of Adjustment who shall serve in the absence of one or more of the regular members when requested to do so by the Mayor. All cases to be heard by the Board of Adjustment will always be heard by a minimum number of four members. These alternate members, when appointed, shall serve for the same period as the regular members, which is for a term of two years, and any vacancy shall be filled in the same manner and they shall be subject to removal the same as the regular members. 21-101 The Board shall adopt rules to govern its proceedings, provided however, that such rules are not inconsistent with this ordinance or any State Statutes. Meetings of the Board shall be held at the call of the 38 Chairman and at such other times as the Board may determine. The Chairman, or in his absence, the Acting Chairman, may administer oath and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicate such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. ' 21-102 Appeals to the Board of Adjustment may be taken by any person aggrieved or ,by an_ officer, department or b0ardhf--t-he-municipality affected by- any decision of the administrative officer, by filing with the officer from whom the appeal i k n and with the Board of Adjustment, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. 21-103 An appeal shall stay all proceedings of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, otherwise, than by a restraining order which may granted by the Board of Adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown. 21-104 The Board of Adjustment shall fix a reasonable time for the hearing of an appeal , give the public notice thereof, as well as due notice to the parties in interest and decide the same within a reasonable time. Upon the hearing any party may appear in person or by attorney or by agent. 21-200 The Board of Adjustment shall hold a public hearing on all appeals made to it and written notice of such public hearing shall be sent to the applicant and all other persons who are owners of real property lying within two hundred (200) feet of the property on which the appeal is made. Such notice shall be given not less than ten (10) days before the date set for hearing to all such owners who have rendered their said property for City taxes as the ownership appears on the last City tax roll . Such notice may be served by depositing the same properly addressed and postage paid in the United States Post Office. 21-300 Jurisdiction: When in the Board of Adjustment's judgment, the public convenience and welfare will be substantially served and the appropri- ate use of the neighboring property will not be substantially or permanently injured, the Board of Adjustment may, in specific cases, after public notice and public hearing, and subject to appropriate conditions and safeguards authorize the following special exceptions to the regulations herein established. 1. Permit the reconstruction, extension or enlargement of a building occupied by non-conforming use on the lot or tract occupied by such building provided such reconstruction does not prevent the return of such property to a conforming use. 39 2. Permit such modifications of the height, yard, area, coverage and parking regulations as may be necessary to secure appropriate development of a parcel of land which differs from other parcels in the district by being of such restricted area, shape, or slope that it cannot be appropriately developed without such modification. 3. Require the discontinuance of non-conforming uses under any plan whereby the full value of the structure can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this ordinance. It is the declared purpose of this ordinance that non-conforming uses be eliminated and be required to conform to the regulations prescribed in the preceding articles of this ordinance, having due regard for the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the desig- nated non-conforming use and the conservation and preservation of property. The Board shall from time to time on its own motion or upon cause presented by interested property owners inquire into the existence, continuation or maintenance of any non-conforming use within the City. 21-400 In exercising its powers, the Board may, in conformity with the provi- sions of Articles 1011-A and including 1011-J of the 1925 Civil Statutes of Texas, as amended, revised or reformed, wholly or partly, or may modify the order, requirement, decisions, or determination appealed from and make such order, requirement, decision or determin- ation as ought to be made and shall have all the powers of the officer from whom the appeal is taken including the power to impose reasonable conditions to be complied with by the applicant. ' 21-500 The concurring vote of four (4) members of the Board shall be necessary to revise any order, requirement, decision or .determination of any such administrative official , or to decide in favor of the application on any matter upon which it is required to pass under this ordinance or to i affect any variance in said ordinance. - ; 21-600 Any person or persons, jointly or severally, aggrieved by any decision of tie Board of Adjustment or any taxpayer or any officer, department or board of the municipality may present to a court of record a petition, duly verified, setting forth that such decision is illegal , in whole or part, specifying the grounds of the illegality. Such petition shall be IL presented to the court within ten (10) days after the filing of the decision in the Office of the Board and not thereafter. SECTION 22: PROCEDURES FOR CHANGES AND AMENDMENTS 22-100 Any person or corporation or group of persons having a proprietary interest in any property, upon proof of such interest, may petition the governing body for a change or amendment to the provisions of this ordin- ance or the Planning and Zoning Commission may on its own motion, insti- j' tute proposals for change and amendment in the public interest. All '' • 40 i '>> Ga lealton C\ ` From: Willie Osborne [wfieosborne@msn.com] Sent: Thursday, July 20, 2006 2:11 PM To: City of Wylie Subject: Board Volunteer Form Information Follotrs! NAME - Willie Osborne DATE_OF_APPLICATION - July 20, 2006 FIRST_CHOICE - Public Arts Advisory Board SECOND CHOICE - Planning and Zoning Commission THIRD_CHOICE - Zoning Board of Adjustment SUBCOMMITTEE - Yes HOME_ADDRESS - 1007 Chilton Drive HOME PHONE - 9725758560 HOME FAX - HOMF�_EMAIL - willieosborne@msn.com RESIDENT YEARS - 2 CONTACT_METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS_OWNER - No BUSINESS_NAME - OCCUPATION - Retired from Texas Instruments/Raytheon 34 years Sry BUSINESS_ADDRESS BUSINESS_PHONE - BUSINESS_FAX - BUSINESS_EMAIL - WHY INTERESTED - I have always been involved in city and schools where I lived. I think it is very important to stay active in your community. Submit - Submit End of form information 2/18/08 Mr. Osborne is an alternate on the Zoning Board of Adjustments. However, Mr. Osborne has indicated a desire and willingness to serve on the Planning and Zoning Commission. i Gayle Walton From: Carole Ehrlich Sent: Wednesday, May 09, 2007 8:14 AM To: Gayle Walton Subject: FW: Board Volunteer Gayle, Here is a new application for B & C. Carole Carole Ehrlich, TRMC, CMC City Secretary, City of Wylie 2000 Hwy. 78 North Wylie, Texas 75098 (972) 442-8103 Fax: (972) 442-8106 carole.ehrlich@wylietexas.gov Original Message From: John Manganilla (mailto:b15527@yahoo.com) Sent: Wednesday, May 09, 2007 12:56 AM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - John Manganilla DATE OF APPLICATION - 5/9/207 FIRST_CHOICE - Planning and Zoning Commission SECOND CHOICE - Zoning Board of Adjustment THIRD CHOICE - Wyle Economic Develoment Corp. Board SUBCOMMITTEE - Yes HOME_ADDRESS - 3303 Francis Dr HOME_PHONE - 972-575-8592 HOME FAX - HOME EMAIL - b15527@yahoo.com RESIDENT_YEARS - 3 CONTACT METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS_OWNER - No BUSINESS_NAME - OCCUPATION-- Right-of-Way agent BUSINESS ADDRESS - 6101 Frisco Square Blvd. BUSINESS_PHONE - 972-292-5433 BUSINESS_FAX - BUSINESS EMAIL - jmanganilla@friscotexas.gov WHY_INTERESTED - I would like to serve my fellow citizens and be involved in the community which I live. I would also like to help maintain Wylie's reputation of being a great place live and raise a family. Submit - Submit End of form information 2/18/08 Contacted Mr. Manganilla. Mr. Manganilla is willing to serve on the Planning and Zoning Commission. Mr. Manganilla application indicates a willingness to serve on the Planning and Zoning Commission, the Zoning Board of Adjustment, and the WEDC. i Original Message From: Roger W West [mailto:rwest@rochestergauges .com] Sent: Wednesday, June 06, 2007 8:40 AM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - Roger W West DATE_OF APPLICATION - June 6th 2007 FIRST_CHOICE - Planning and Zoning Commission SECOND_CHOICE - Wyle Economic Develoment Corp. Board THIRD_CHOICE - Parks and Recreation Board SUBCOMMITTEE - No HOME_ADDRESS - 1017 Faridale court HOME_PHONE - 214-474-0055 HOME FAX - HOME EMAIL - rwest@rochestergauges.com RESIDENT_YEARS - 6 CONTACT_METHOD - Business Phone REGISTERED_VOTER - Yes BUSINESS_OWNER - No BUSINESS_NAME - OCCUPATION - BUSINESS_ADDRESS - BUSINESS_PHONE - BUSINESS_FAX - BUSINESS_EMAIL - WHY_INTERESTED - Submit - Submit End of form information 2/18/08 Contacted Mr. West. Mr. West is willing to serve on the Planning and Zoning Commission. Mr. West application indicates a willingness to serve on the Planning and Zoning Commission, WEDC and the Parks and Recreation Board. Gayle Walton From: Carole Ehrlich Sent: Friday, February 08, 2008 2:39 PM To: Gayle Walton Subject: FW: Board Volunteer Gayle, See below for inclusion with the agenda item for 2-26. Thanks ! Carole Ehrlich, TRMC, CMC City Secretary, City of Wylie 2000 Hwy. 78 North Wylie, Texas 75098 (972) 442-8103 Fax: (972) 442-8106 carole.ehrlich@wylietexas.gov Original Message From: Cydnee Combest [mailto:ibcyds@msn.com] Sent: Friday, February 08, 2008 1: 44 PM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - Cydnee Combest DATE OF_APPLICATION - 02/08/2008 FIRST_CHOICE - Planning and Zoning Commission SECOND CHOICE - Parks and Recreation Board THIRD_CHOICE - Zoning Board of Adjustment SUBCOMMITTEE - Yes HOME_ADDRESS - 1530 Windward Lane, wylie, TX 75098 HOME PHONE - 972-429-7110 HOME FAX - none HOME EMAIL - ibcyds@msn.com RESIDENT YEARS - 5 CONTACT METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS_OWNER - No BUSINESS NAME - OCCUPATION - Head Statistical Research Assistant BUSINESSADDRESS - 1650 Legacy Drive, Piano, TX 75024 BUSINESS PHONE - 972-431-6080 BUSINESS__FAX - 972-431-9065 BUSINESS EMAIL - ccombest@jcpenney._com WHY INTERESTED - I have been a resident of Wylie since July 2002. I have one son who has graduated from Wylie High School one currently attending Wylie High School, one attending Dodd Elementary and one who will be entering Dodd in 2009. I have a vested interest in the future of my family and I feel I should be a part of the planning of that future on a social and governmental level as well as the duties of parenting. My children have participated in athletics sponsored by the Parks and Recreation Board as well as the family time spent playing at the parks. I also want to make sure the decisions made as to the industry brought to Wylie and the housing and infrastructure plans are the best for the future of our city. Submit - Submit End of form information 2/18/08 Contacted Ms. Combest. Ms. Combest is willing to serve on the Planning and • Zoning Commission. Ms. Combest application indicates a willingness to serve on the Planning and Zoning Commission, the Zoning Board of Adjustment, and the Parks and Recreation Board. Lvvi .hoard & Commission Application Spring 2007 (Please return your completed application to the City Secretary's Office at 2000 Highway 78 North,Wylie,Texas 75098. Name: F3 t-YA.N D . 2 oU a R.s Please indicate your/daft,second and third preference below. 3 Construction Code Board L Planning&Zoning Board Library Board _,Wylie Economic Development Corporation Board _ Parks&Recreation Board. Z Zoning Board of Adjustments Animal Shelter Advisory Board Public Arts Advisory Board e/ Yes, I would be interested in serving on subcommittees that may be formed. Personal Information Occupational information Home Address; 51 I Rusric 1471-0.•GE. Business Owner? 0 Yes Nr<o Z►`{-tip _ Business!'acne: fiiA►� LoMtc�-1evcTJQN Telephone; 'T73-(,4{.D Eau: Fffria l.;Brtr..0 G m►aow%co CTI or•+•co►.4 Occupation: •�� / r�lC�rL 1 have been a Wylie Resident for,__5 years Business Address:J29 RmGENCY Registered.voter? L 'es �I No Telephone Z�-1.8 70 Faxqnsv2.1:1-l_}¢ Have you ever or do you currently serve on any city boards? 0 Yes AG If so, what hoard/city and dates? Are you involved in any community activities? (Civic or Hobbies) ❑ Yes 0 No Please indicate briefly why you would like to he appointed to a Board or Commission: 112.SJ4HP.6.1F-JN w+tt..t�. A,f.lb „1G wema ist-Adve b- THE GtTY O'er-MA- e)40.- iAk iko.d tI• Pamt r-40:7.l.A44 L.'f ENA rl(.AL Jc, 12.1Cwit,E 'ire V Etc 1A/ A M/.14 Nett, T4 b.( W,tl Fwt HNNGE rF4 001.4. it rl4ms_6. op. DVR- I am aware of the meeting dates and tines of the boardkcntntlndon I have applied and if appointed,I agree to serve on the Board/Commission which I have applied,or would consider an alternate appointment to a second or third service preference. 6�t 2.1p 7 S 'are . Date 2/18/08 Contacted Mr. Rogers. Mr. Rogers is willing to serve on the Planning and Zoning Commission. Mr. Rogers application indicates a willingness to serve on the Planning and Zoning Commission, the Zoning Board of Adjustment, and the Construction Code Board.