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06-08-2004 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA TUESDAY JUNE 8, 2004 CERTIFICATE I certify this to be a true and correct. 6:00 p.m. copy thevrigi I document. Wylie Municipal Complex—Council Chambers/Council Conference Room By: 2000 State Highway 78 North City Secretary h,.�'•a.+- Wylie,Texas 75098 CALLTO ORDER. 1.NNVOCATION: PLEDGE O ALLE IANCE t'ROCLAMA,TIONS& R.I SENTATIONS • Presentation of Star Students for the character trait of"Citizenship" >CITIENS PARTICIPATIOIT CON ENT A ENDA r l atters l ted:u der the;consent:Agen a:ar:e cons d re d::to be routine by tie council and wi c e oia byi one motion. ?her tll not separate discussion of tb. items tf discussion.is desired.,that itei :will be remiived from the Cox sent.Agenda and will he consiere separ to y A. Approval of the Minutes from the May 25,2004 City Council Meeting. B. Consider and act upon an Ordinance annexing all of a certain 185.1449 acre tract of land out of the E.M. Price Survey, Abstract No. 725, the D. W. Williams Survey, Abstract No. 980, the Nathaniel Atterberry Survey, Abstract No. 1099, and the William Sutton Survey,Abstract No. 860, Collin County, Texas and the E. M.Price Survey,Abstract No. 1114,Dallas County,Texas,and generally located at the northwest corner of Vinson Road and FM 544 W 5 ,` N :per b :apj b is request. eve mofr th c oit ai44, 4. no a bait c ede C. Consider and act upon an Ordinance annexing all of a certain 14.7751 acre tract of land out of the L.B. Outlaw Survey, Abstract No. 173, Rockwall County, Texas, and generally located east of Troy Road, south of Sunrise Drive. D. Consider and act upon an Ordinance annexing all of a certain 44.039 acre tract of land out of the Francisco De La Pina Survey,Abstract 688 and the James Truett Survey,Abstract 920, Collin County,Texas,and generally located north of Brown Street,east of Ballard Street. )(NO. t)4.010:AtliCONStOtg85:t.108.11NEMENINglgigt 1. Hold a Public Hearing and act upon a change in zoning from Agriculture(A)to Planned Development(PD)for residential uses. Subject property being generally located north of FM 544, west of FM 1378 (Country Club Drive and east of Lakeside Estates,and being all of a certain 100.7428 acre tract of land as described in a deed to J.L.Brand and Dorothy S. Green, recorded in Volume 1376,Page 94,Deed Records of Collin County,Texas (DRCCT), and being situated in the G.W. Gunnell Survey, Abstract No. 351 and the Moses Sparks Survey, ................................... Abstract No. 849,City of Wylie,Collin County,Texas. (Zoning Case 2004-06) Wa'tH11W 2. Pending prior annexation hold a Public Hearing and act upon a change in zoning from Agriculture (A) to Neighborhood Services (NS) on Tracts 1, 1A and 6; Townhouse (TH) on Tracts 2 and 4B; Single-Family (SF- 8.5/17) on Tract 4A; and Single-Family (SF 10/19) on Tract 5; subject property being generally located northwest of Vinson Road and east of FM 544 and located within unincorporated Collin and Dallas Counties, and being all of a certain 185.143 acre tract of land divided into six (6) tracts as conveyed in a deed to Mrs. Thelma Rice by Lone Star Boat Co.,recorded in Volume 561,Page 226,Deed Records of Collin County,Texas (DRCCT), and being situated in the D.W. Williams Survey,Abstract No. 980,the E.M. Price Survey,Abstract No. 725,the E.M.Price Survey,Abstract No. 1114,the Nathaniel Atterberry Survey,Abstract No. 1099,and the William Sutton Survey, Abstract No. 860, City of Wylie, Collin and Dallas County, Texas. (Zoning Case 2004- 07). V.0400j.ki0814. 3. Hold a Public Hearing and act upon a change in zoning from Agriculture(A)to Planned Development(PD)for residential uses. Subject property being generally located west of FM 544 and south of Stoneridge Farms Addition,being all of a certain 34.036 acre tract of land,recorded in Volume 309,Page 285 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the A. Atterberry Survey, Abstract No. 23, City of Wylie,Collin County,Texas. (Zoning Case 2004-08)V4?IT I)€I ?1 I 4. Hold a Public Hearing and act upon a change in zoning from Agriculture (A) to Business Center (BC) for commercial uses. Subject property being generally located west of Sanden Boulevard and south of FM 544, being a 6.026 acre portion of a 34.412 acre tract of land conveyed in a deed to R. Richard Parker and Ben L. Scholz,recorded in Volume 4708,Page 1628 of the Deed Records of Collin County, Texas (DRCCT), and being all of a certain 5.05 acre tract of land conveyed in a deed to the Wylie Economic Development Corporation, recorded in Volume 5620, Page 705 DRCCT, and being situated in the Duke Strickland Survey, Abstract No. 841 and the I. Clifton Survey,Abstract No. 193,City of Wylie,Collin County,Texas. (ZC 2004-09) 5. Hold a Public Hearing and act upon a change in zoning from Agriculture(A)to Corridor Commercial(CC)for commercial uses. Subject property being generally located south of FM 544 and west of Sanden Boulevard, being a 28.376 portion of a 34.412 acre tract of land conveyed in a deed to R. Richard Parker and Ben L. Scholz, recorded in Volume 4708,Page 1628 of the Deed Records of Collin County,Texas (DRCCT), and being situated in the Duke Strickland Survey, Abstract No. 841 and the I. Clifton Survey, Abstract No. 193, City of Wylie,Collin County,Texas. (ZC 2004-10) Item 6 was tabled at the 5/11/04 Council Meeting 6. Consider and act upon removing Item 6 from the table and approval to increase delinquent tax collection fees from 15% to 20% passed by the State Legislature (H.B. 490) to the Texas Property Tax Code Sections 33.07 and 33.08 amended. 7. Consider and act upon approval of an Ordinance of the City of Wylie, amending the budget for Fiscal Year 2004, beginning October 1, 2003, and ending September 30, 2004: repealing all conflicting ordinances: containing a severability clause; and providing an effective date. 8. Consider and act upon approval of a Resolution authorizing the City Manager to execute a Local Project Advance Funding Agreement(LPAFA)with the Texas Department of Transportation (TxDOT). 9. Consider and act upon the adoption of an ordinance adopting the 2003 International Fire Code. READINat)F760,1)INANCE&TVTLC&CAPTION:ArogovErvtorivouNcovoivREQUIREWHY L,TE TV CHARTER.A �TICL II,SECTIO 13» . City Secretary will read approved ordinances for the record. • Discussion of providing sewer service to persons outside the City limits • Update/review of Open Meetings Act and Open Records Requests with City Attorney Richard Abernathy z DJO l rlENTf In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agekickaAi in&Qp6n Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene ir$ cuWey8 ssf41y, those exceptions will be specifically identified and announced. Any subsequent action,as a result of this Exec t v jr.9eivit'w l4'tain and recorded in open session. •e. I certify that this Notice of Meeting aC .' st 4thslay ddJune,2004 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Goveriiikehi C n t tf;e appropriate news media contacted. As a courtesy, this agenda is also posted to the City of Wylie Wel ite al,ww e.ti.us .. ...•.•* -,&V Carole Ehrlich,City Secretary ��/ •W ����``` Date Notice Removed / '/// YL I E//lllllllttt�`` 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. MINUTES Wylie City Council Tuesday, May 25, 2004 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North CALL TO ORDER Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tem Eric Hogue, Councilwoman Reta Allen, Councilman Chris Trout, Councilman Randal Shinn, Councilman Merrill Young, and Councilman J. C. Worley. Staffs present were: Acting City Manager, Mindy Manson; City Engineer, Chris Hoisted; Interim Finance Director, Ron Hutchison; Planning &Zoning Director, Claude Thompson; Public Information Officer, Mark Witter, and City Secretary, Carole Ehrlich. INVOCATION& PLEDGE OF ALLEGIANCE Reverend John Thornton of the Wyllie United Methodist Church gave the invocation and Ma)or Pro Tem Eric Hogue led the Pledge of Allegiance. CITIZENS PARTICIPATION Mr. Jim Griffin of 2320 Foothill Road, McKinney, Texas was present to address council stating that he had resided in the City of Wylie for many years and considered Wylie his home. He stated that he was happy to be back in the area and close to Wylie again after 16 years away. RECEIVE OFFICIAL CANVASS OF ELECTION RETURNS FOR THE GENERAL ELECTION OF MAY 15,2004 Mayor Mondy and the Council review ed the Official Canvass results from the May 15, 2004 General Election to elect a Councilmember for Place 1 and Place 3. • Consider and Act upon the approval of Resolution No. 2004-13(R) declaring the results of the Official Canvass of the General Election of May 15, 2004. Council Action A motion was made by Councilman Trout, seconded by Councilman Worley to approve Resolution #2004-13(R) duly electing Earl Newsom, Councilmember Place 1 and Eric Hogue, Councilmember Place 3. A vote was taken and passed 7-0 with Mayor Mondy, Mayor Pro Tem Hogue, Councilwoman Allen, Councilman Worley, Councilman Trout, Councilman Young, and Councilman Shinn voting for and none against. Minutes—May 25,2004 Wylie City Council Page 1 ISSUANCE OF CERTIFICATES TO ELECTED COUNCIL MEMBERS ADMINISTRATION OF OATH OF OFFICE FOR ELECTED COUNCIL MEMBERS Judge Sydney Robison presented Mr. Earl New with his Certificate of Elected Council Member and administered the Oath of Office. Judge Sydney Robison presented Mr. Eric Hogue with his Certificate of Elected Council Member and administered the Oath of Office. ELECTION OF MAYOR PRO TEM Council Action A motion was made by Councilman Worley, seconded by Councilwoman Allen to elect Eric Hogue as Mayor Pro Tem. A vote IN as taken and passed 7-0 with Mayor Mond), Mayor Pro Tem Hogue, Councilwoman Allen, Councilman Trout, Councilman Worley, and Councilman New voting for and none against. 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 bet considered separately. A. Approval of Minutes from the Special Called Meeting on May 10, 2004 and the Regular Council Meeting on May 11, 2004. B. Consider and act upon a Final Plat for the Country Ridge Phase B Addition, being all of a certain 40.2655 acre tract of land, and being a portion of the tract of land conveyed to Shaddock Developers, Ltd. As described in a deed recorded in Volume 4977, Page 1142 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the William Patterson Survey,Abstract No. 716, City of Wylie, Collin County, Texas. C. Consider and act upon approval of Ordinance No. 2004-16 abandoning a 1.59 acre drainage easement generally located at the south east corner of Brown St. and Kreymer Lane. D. Consider and act upon approval of Resolution No. 2004-14 acknowledging the assistance of the Trust for Public Land in the acquisition of real property for the creation of parks and other public purposes. E. Consider and act upon approval of the Muddy Creek Wastewater Interceptor System Contract with the North Texas Municipal Water District (NTMWD) and Resolution No. 2004- 15(R). Council Action A motion was made by Councilman Worley, seconded by Mayor Pro Tem Hogue to approve the Consent Agenda as presented. A vote was taken and passed 6-0-1 with newl)T elected Councilman New abstaining. Minutes—May 25,2004 Wylie City Council Page 2 READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE III, SECTION 13-D. Ordinance No. 2004-16 Cit\ Secretary Carole Ehrlich read the caption to Ordinance#2004-16 into the official record. EXECUTIVE SESSION Mayor Month recessed into Executive Session at 6:14 p.m. 551.071. Consultation with the City Attorney on a matter involving pending litigation in the case styled City of Wylie,Texas v.Larry Van Nelson and Polly H. Nelson in Cause No.003-313-04,in County Court At Law No. 3 in Collin County, Texas EXECUTIVE SESSION 3 551.074 Personnel Matters: Closed Meeting • Deliberate the Appointment of the City Manager. RECONVENE INTO OPEN MEETING May orMond reconvened into Open Session at 7:00 p.m. Take any action as a result of the Executive Session. • Consultation with the City Attorney on a matter involving pending litigation in the case styled City of Wylie,Texas v.Larry Van Nelson and Polly H. Nelson in Cause No.003-313-04,in County Court At Law No. 3 in Collin County, Texas Council Action A motion was made by Councilman Trout, seconded by Councilman Young to move forward with the purchase of the ROW in the pending litigation in the case styled City of Wylie, Texas v. Larry Van Nelson and Polly H. Nelson in Cause No. 003-313-04. A vote was taken and passed 6-1 with Mayor Mondy, Mayor Pro Tem Hogue, Councilwoman Allen, Councilman Trout, Councilman Young, and Councilman New voting for and Councilman Worley voting against. Take any action as a result of the Executive Session. • 3 551.074 Personnel Matters: Closed Meeting • Deliberate the Appointment of the City Manager. Minutes—May 25,2004 Wylie City Council Page 3 Council Action A motion was made by Councilman Trout, seconded by Mayor Pro Tem Hogue to accept the finalist for the City Manager position as follows: Todd Hileman City Manager, City of Avondale(Arizona) Mark Roath City Manager, City of North Port(Florida) Mike Tanner City Manager, City of Portland(Texas) Edward Thatcher Interim Director of Municipal Court, City of Garland (Texas) A vote was taken and passed 7-0. Mayor Mondy recessed into Work Session at 7:10 p.m. WORK SESSION • Joint work session with City Council and the Planning and Zoning Commission— revised land use plan/map. Mayor Mondy opened the Joint Work Session at 7:10 p.m. Council present were: Mayor Pro Tem Hogue, Councilwoman Allen, Councilman Trout, Councilman Worley, Councilman Young, and Councilman Newsom. Planning and Zoning Board Members present were: P & Z Chairman Chris Seeley, Board Members, Carter Porter, Kathy Spillyards,Mike Phillips, and Red Byboth. A joint work session was held between City Council and the Planning and Zoning Commission to discuss revisions to the land use plan and comprehensive map. Some of the areas of discussion included: The reduction of Non-Residential Districts from 5 levels to 4 levels, eliminating Business Center District; reviewing the current philosophy of the Village Center and its core Neighborhood Services, and review of densities in Residential Districts. Council requested the Planning and Zoning Commission submit recommendations for revising the comprehensive map and suggested more meetings to achieve this goal. ADJOURNMENT With no further business before Council, the meeting was adjourned at 9:20 p.m. John Mondy,Mayor ATTEST: Carole Ehrlich,City Secretary Minutes—May 25,2004 Wylie City Council Page 4 WYLIE CITY COUNCIL AGENDA ITEM NO. B. June 8, 2004 Issue Consider and act upon an Ordinance annexing all of a certain 185.1449 acre tract of land out of the E.M. Price Survey, Abstract No. 725, the D. W. Williams Survey, Abstract No. 980, the Nathaniel Atterberry Survey, Abstract No. 1099, and the William Sutton Survey, Abstract No. 860, Collin County, Texas and the E. M. Price Survey, Abstract No. 1114, Dallas County, Texas, and generally located at the northwest corner of Vinson Road and FM 544. WITHDRAWN—per the applicant's request. Background This annexation is at the request of the property owner. A zone change request is being processed concurrently with the annexation,with a public hearing to be conducted on June 8, 2004. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearing at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing schedule: Notice published for Public Hearings April 21, 2004 First Public Hearing May 10,2004 Second Public Hearing May 11,2004 Adoption of Ordinance June 8,2004 Financial Consideration The current property tax rate for the City of Wylie is .705 per$100 of valuation. Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered to comply with the Local Government Code for the provision of services, (please see attached Service Plan). This annexation is being conducted in compliance with Sections 43.052 (h) (2) and 43.063 of the Local Government Code. Board/Commission Recommendations N/A Staff Recommendations Approval Attachments Letter from the applicant Prepared by Reviewed by Finance City Manager Approval Ordinance No. AN ORDINANCE ANNEXING A CERTAIN TRACT OF L A ND SITUATED IN THE E. M. PRICE SURVEY, ABSTRACT NO. 725, THE D WILLIAMS SURVEY, ABSTRACT NO. 980, THE NATHANIEL ATTE I \it URVEY, ABSTRACT NO. 1099, AND THE WILLIAM SUTTON SURV' (#74 T NO. 860, COLLIN COUNTY, TEXAS AND THE E. M. PRIC ► ' , �i\ .TRACT NO. 1114, DALLAS COUNTY, TEXAS; PRO r ® HE OWNERS AND INHABITANTS OF THE ABOVE-) 7 : , OF LAND SHALL BE "ENTITLED TO THE RIGHTS A , s= ' OTHER CITIZENS OF WYLIE AND BE BOUND BY T I % a ANCES NOW IN EFFECT AND HEREAFTER ADOPTE 1 l ''A PENALTY FOR A VIOLATION OF THIS ORDINANCE 1 1 IVE ZONING ORDINANCE NO. 2001-48; PROVIDING FO ATL G SAVINGS AND SEVERABILITY CLAUSES; ' A PROVIDING FO' CTIVE DATE OF THE ORDINANCE; AND PROVIDING FOR 4 ICATION OF THE CAPTION THEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021. Local Government Code and the City of Wylie, Texas' (Wylie) Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the"Property") to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.063, Local Government Code, the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS, the City Council finds that the service plan has been prepared in full compliance with Section 43.056, Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS, the City Council finds that the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety (90) days after the City instituted the annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie and zoned as "A" Agricultural. SECTION 2: The Service Plan for the Property is attached hereto as "Exhibit B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the County Clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendment thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto, be declared unconstitutional or invalid by any court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 8TH of June, 2004. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: CAROLE EHRLICH, City Secretary EXHIBIT "A" BEING a tract of land situated in the E. M. Price Survey, Abstract No. 725, the D. W. Williams Survey, Abstract No. 980, the Nathaniel Atterberry Survey, Abstract No. 1099, and the William Sutton Survey, Abstract No. 860, Collin County, Texas and the E. M. Price Survey, Abstract No. 1114, Dallas County, Texas, said tract being all of a 53.42 acre tract and a 134.33 acre tract conveyed to Mrs. Thelma Rice by Lone Star Boat Co. and recorded in Volume 561, at Page 226, of the Deed Records of Collin County, Texas save and except parcels taken for road rights-of- way and being more particularly described as follows: BEGINNING at the intersection of the Westerly line of said 134.33 acre tract with the Northerly line of Vinson Road (a 60' R.O.W.) said intersecting point being at the most Easterly corner of Twin Creek Estates (an unrecorded Addition) filed in Volume 72 066, Page 274 of the Deed Records of Dallas County, Texas a 3/4" iron stake found at corner; THENCE, N 47° 41' 51" W, a distance of 1276.47 feet, on an old fence line, and on the Easterly line of said Twin Creek Estates to a 3/4" iron stake found at corner; THENCE, N 47° 43' 58" W, a distance of 360.95 feet continuing on said old fence line and on said Twin Creek Estates Easterly line to a 1" iron pipe found at corner; THENCE, Along an old fence line the following: N 47° 01' 33" W, a distance of 218.23 feet to a 3/4" iron stake found at corner; N 47° 31' 52" W, a distance of 404.96 feet to a 3/4" iron stake found at corner; N 47° 18' 48" W, a distance of 327.40 feet to the most Northerly corner of a 9.8± acre tract of land owned by Larry Morgan (14) a 3/4" iron stake found at corner; THENCE, S 48° 28' 56" W, a distance of 262.83 feet, along a new fence and remains of old fence, and the Northwesterly line of said Larry Morgan tract to a '/2" iron stake set at corner; THENCE, S 34° 24' 05" W, a distance of 115.79 feet continuing on new fence line and said Larry Morgan tract Northwesterly line to a point in an old fence line a '/2" iron stake set at corner; THENCE, On an old fence line along the meanderings of a creek bluff the following: N 16° 10'27" W, a distance of 184.51 feet to a '/2"iron stake set at corner; N 10° 56'33" E, a distance of 60.71 feet to a '/2 iron stake set at corner; N 14° 46'10" W, a distance of 37.08 feet to a '/2" iron stake set at corner; N 26° 15'15" W, a distance of 200.07 feet to a '/2" iron stake set at corner; N 23° 31'40" W, a distance of 56.70 feet to a '/2" iron stake set at corner; N 79° 02'43" W, a distance of 98.71 feet to a '/2" iron stake set at corner; N 14° 51' 31' W, a distance of 228.87 feet to a '/2" iron stake set at corner; N 3° 51'19" W, a distance of 77.26 feet to a '/2" iron stake set at corner; N 1° 22'06" E, a distance of 120.14 feet to a point on the Southerly line of said D. W. Williams Survey and to a fence corner,just East of creek, an 18" elm tree found at corner also serving as fence corner; THENCE, On an old fence line, along the said D.W. Williams Survey South line, the following: S 89° 46'03" E, a distance of 659.55 feet to a '/2" iron stake found at corner; S 89° 51'16" E, a distance of 212.12 feet to a 3/4" iron stake found at corner; S 89° 38'47" E, a distance of 1135.88 feet to a '/2" iron stake found at corner; S 89° 56'14" E, a distance of 168.67 feet to a '/2" iron stake found at corner; THENCE, North, a distance of 532.51 feet to a '/2" iron stake set at corner; THENCE, S 88° 01'19" E, a distance of 19.78 feet to a point in a Public road, a '/2" iron stake set at corner; THENCE, North, a distance of 1786.75 feet to a point on the South line of the A. Atteberry Survey, Abstract No. 23, said point also being the Northeast corner of the Mackie Lee Klingbell 10 acre tract a 3/4" iron stake found at corner; THENCE, East, along the said A. Atteberry Survey, and on the South line of the S.H. Hood 73± acre tract of land a distance of 1220.11 feet to a point on the Westerly line of Farm To Market Road 544 a '/2" iron stake set at corner; THENCE, Along the said Farm To Market Road Westerly line, the following: S 4°31'19" E, passing a wooden right-of-way marker at a distance of 207.93 feet and continuing a total distance of 211.90 feet to the beginning of a tangent curve to the right having a central angle of 5°00'00", and a radius of 2819.79 feet, a '/2" iron stake set at corner; Around said curve to the right a distance of 246.07 feet to the end of said curve a '/2" iron stake set at corner; S 0°28'42" W, a distance of 1215.89 feet to an angle point, a '/2" iron stake set at corner; S 0°52'55" E, a distance of 108.89 feet to the beginning of a cutback line in said Farm To Market 544 Westerly line to a '/2" iron stake set at corner; S 44°16'48" W, a distance of 37.41 feet to a '/2" iron stake set at corner; S 0°52'55" E, passing the common property line of said 134.33 acre and 53.42 acre tract at a distance of 20.00 feet continuing a total distance of 40.00 feet to a wooden right-of- way marker found at corner; S 44°27'55" E, a distance of 38.48 feet to a '/2" iron stake set at corner; S 0°52'55" E, a distance of 1926.55 feet to a '/2" iron stake set at corner; THENCE, S 48°20'46" W, a distance of 65.70 feet to a '/2" iron stake set at corner; THENCE, N 88°30'46" E, a distance of 133.60 feet to a point on a County Public Access Road, a '/2" iron stake set at corner; THENCE, S 47°02'55" E, a distance of 136.82 feet along said County Public Access Road to a '/2" iron stake set at corner; THENCE, S 89°59'18" W, along the North line of tract of land conveyed to Bill Kreymer in Volume 222, at Page 0423 of the Deed Records of Dallas County, Texas, passing a 3/4" iron stake at 221.10 feet, a total distance of 372.73 feet to a'/2" iron stake set at corner; THENCE, S 36°59'13" W, along the Northwesterly line of a dedicated portion of Vinson Road and the Northwesterly line of said Bill Kreymer tract, a distance of 1094.11 feet to the Northwesterly corner of said Bill Kreymer tract and the Southwesterly corner of said 134.33 acre tract, a 3/4" iron stake found at corner; THENCE, N 46°12'49" W, a distance of 175.74 feet crossing Vinson Road to the PLACE OF THE BEGINNING and containing 185.1449 acres of land. EXHIBIT `B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA RICE TRACT ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 185.1449 acres SURVEY, ABSTRACT & COUNTY: E. M. Price Survey, Abstract No. 725, D. W. Williams Survey, Abstract No. 980, Nathaniel Atterberry Survey, Abstract No. 1099, William Sutton Survey, Abstract No. 860, Collin County, Texas and E. M. Price Survey, Abstract No. 1114, Dallas County, Texas Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half(4 1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4 1/2) years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty (60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10) years from the effective date of this Ordinance. WYLIE CITY COUNCIL AGENDA ITEM NO. C. June 8, 2004 Issue Consider and act upon an Ordinance annexing all of a certain 14.7751 acre tract of land out of the L.B. Outlaw Survey, Abstract No. 173, Rockwall County, Texas, and generally located east of Troy Road, south of Sunrise Drive. Background This annexation is at the request of the property owner. Should the City Council approve the proposed annexation,the property will be zoned as A(Agricultural). Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearing at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing schedule: Notice published for Public Hearings April 21, 2004 First Public Hearing May 10,2004 Second Public Hearing May 11,2004 Adoption of Ordinance June 8,2004 Financial Consideration The current property tax rate for the City of Wylie is .705 per$100 of valuation. Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered to comply with the Local Government Code for the provision of services, (please see attached Service Plan). This annexation is being conducted in compliance with Sections 43.052 (h) (2) and 43.063 of the Local Government Code. Board/Commission Recommendations N/A Staff Recommendations Approval Attachments Ordinance Service Plan Area Map Prepared by Reviewed by Finance City Manager Approval Ordinance No. AN ORDINANCE ANNEXING A CERTAIN 14.7751 ACRE TRACT OF LAND OUT OF THE L.B. OUTLAW SURVEY, ABSTRACT NO. 173, ROCKWALL COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE- DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 2001-48; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THE ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION THEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021. Local Government Code and the City of Wylie, Texas' (Wylie) Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the"Property") to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.063, Local Government Code, the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS, the City Council finds that the service plan has been prepared in full compliance with Section 43.056, Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS, the City Council finds that the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety (90) days after the City instituted the annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie and zoned as "A" Agricultural. SECTION 2: The Service Plan for the Property is attached hereto as "Exhibit B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the County Clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendment thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto, be declared unconstitutional or invalid by any court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 8TH of June, 2004. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: CAROLE EHRLICH, City Secretary EXHIBIT "A" Being a tract of land situated in the L.B. Outlaw Survey, Abstract No. 173, Rockwall County, Texas, and being a portion of a tract of land conveyed to Ishmael Leon Whitsell and wife, as recorded in Volume 44, Page 204, Deed Records, Rockwall County, Texas, and the west portion of a called 40-acre tract of land conveyed to Lola M. Kinser, as recorded in Volume 40, Page 591, Deed Records, Rockwall County, Texas, and being more particularly described as follows: Beginning at a 3/8 inch iron rod found on the centerline of Troy Road, said point being the northwest corner of said Whitsell tract; Thence, along the north line of said tract, South 89 degrees 07 minutes 00 seconds East a distance of 1,049.05 feet, to a concrete monument found for corner; Thence, South 09 degrees 08 minutes 19 seconds East a distance of 302.45 feet, to a concrete monument found for corner; Thence, South 21 degrees 13 minutes 20 seconds West a distance of 99.95 feet, to a concrete monument found for the northwest corner of a called 32.90 acre tract as conveyed to the City of Dallas, as recorded in Volume 65, Page 560, Deed Records, Rockwall County, Texas; Thence, along the west line of said City of Dallas tract, South 23 degrees 37 minutes 54 seconds West a distance of 110.95 feet, to a point for corner on the north line of a 100.00 foot easement to the City of Garland; Thence, along said north line, South 65 degrees 18 minutes 04 seconds West a distance of 632.95 feet, to a point for corner on the northeasterly line of a tract of land conveyed to A.A. Iliya, as recorded in Volume 67, Page 347, Deed Records, Rockwall County, Texas; Thence, along said northeasterly line, north 48 degrees 48 minutes 35 seconds West a distance of 593.87 feet, to a '/2 inch iron rod found on the centerline of the aforementioned Troy Road; Thence, along said centerline, North 00 degrees 50 minutes 41 seconds East a distance of 383.02 feet, to the Point of Beginning and containing 14.7751 acres of land. EXHIBIT `B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA TROY ROAD TRACT ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 14.7751 acres SURVEY, ABSTRACT & COUNTY: L.B. Outlaw Survey, Abstract No. 173, Rockwall County, Texas Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half(4 1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 1. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4 1/2) years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty (60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10) years from the effective date of this Ordinance. WYLIE CITY COUNCIL AGENDA ITEM NO. C. June 8, 2004 Issue Consider and act upon an Ordinance annexing all of a certain 14.7751 acre tract of land out of the L.B. Outlaw Survey, Abstract No. 173, Rockwall County, Texas, and generally located east of Troy Road, south of Sunrise Drive. Background This annexation is at the request of the property owner. Should the City Council approve the proposed annexation,the property will be zoned as A(Agricultural). Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearing at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing schedule: Notice published for Public Hearings April 21, 2004 First Public Hearing May 10,2004 Second Public Hearing May 11,2004 Adoption of Ordinance June 8,2004 Financial Consideration The current property tax rate for the City of Wylie is .705 per$100 of valuation. Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered to comply with the Local Government Code for the provision of services, (please see attached Service Plan). This annexation is being conducted in compliance with Sections 43.052 (h) (2) and 43.063 of the Local Government Code. Board/Commission Recommendations N/A Staff Recommendations Approval Attachments Ordinance Service Plan Area Map Prepared by Reviewed by Finance City Manager Approval Ordinance#2004-17 Annexation L.B. Outlaw Survey 1 ORDINANCE NO. 2004-17 AN ORDINANCE ANNEXING A CERTAIN 14.7751 ACRE TRACT OF LAND OUT OF THE L.B. OUTLAW SURVEY, ABSTRACT NO. 173, ROCKWALL COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 2001- 48; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THE ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION THEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021. Local Government Code and the City of Wylie, Texas' (Wylie) Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the"Property") to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.063, Local Government Code, the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS, the City Council finds that the service plan has been prepared in full compliance with Section 43.056, Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and Ordinance#2004-17 Annexation L.B. Outlaw Survey 2 WHEREAS, the City Council finds that the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety (90) days after the City instituted the annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie and zoned as "A" Agricultural. SECTION 2: The Service Plan for the Property is attached hereto as "Exhibit B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the County Clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendment thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Ordinance#2004-17 Annexation L.B. Outlaw Survey 3 Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto, be declared unconstitutional or invalid by any court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 8TH of June, 2004. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: CAROLE EHRLICH, City Secretary Ordinance#2004-17 Annexation L.B. Outlaw Survey 4 EXHIBIT "A" Being a tract of land situated in the L.B. Outlaw Survey, Abstract No. 173, Rockwall County, Texas, and being a portion of a tract of land conveyed to Ishmael Leon Whitsell and wife, as recorded in Volume 44, Page 204, Deed Records, Rockwall County, Texas, and the west portion of a called 40-acre tract of land conveyed to Lola M. Kinser, as recorded in Volume 40, Page 591, Deed Records, Rockwall County, Texas, and being more particularly described as follows: Beginning at a 3/8 inch iron rod found on the centerline of Troy Road, said point being the northwest corner of said Whitsell tract; Thence, along the north line of said tract, South 89 degrees 07 minutes 00 seconds East a distance of 1,049.05 feet, to a concrete monument found for corner; Thence, South 09 degrees 08 minutes 19 seconds East a distance of 302.45 feet, to a concrete monument found for corner; Thence, South 21 degrees 13 minutes 20 seconds West a distance of 99.95 feet, to a concrete monument found for the northwest corner of a called 32.90 acre tract as conveyed to the City of Dallas, as recorded in Volume 65, Page 560, Deed Records, Rockwall County, Texas; Thence, along the west line of said City of Dallas tract, South 23 degrees 37 minutes 54 seconds West a distance of 110.95 feet, to a point for corner on the north line of a 100.00 foot easement to the City of Garland; Thence, along said north line, South 65 degrees 18 minutes 04 seconds West a distance of 632.95 feet, to a point for corner on the northeasterly line of a tract of land conveyed to A.A. Iliya, as recorded in Volume 67, Page 347, Deed Records, Rockwall County, Texas; Thence, along said northeasterly line, north 48 degrees 48 minutes 35 seconds West a distance of 593.87 feet, to a '/2 inch iron rod found on the centerline of the aforementioned Troy Road; Thence, along said centerline, North 00 degrees 50 minutes 41 seconds East a distance of 383.02 feet, to the Point of Beginning and containing 14.7751 acres of land. Ordinance#2004-17 Annexation L.B. Outlaw Survey 5 EXHIBIT `B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA TROY ROAD TRACT ANNEXATION ORDINANCE NO.: 2004-17 DATE OF ANNEXATION ORDINANCE: June 8, 2004 ACREAGE ANNEXED: 14.7751 acres SURVEY, ABSTRACT & COUNTY: L.B. Outlaw Survey, Abstract No. 173, Rockwall County, Texas Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. Ordinance#2004-17 Annexation L.B. Outlaw Survey 6 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. Ordinance#2004-17 Annexation L.B. Outlaw Survey 7 E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. Ordinance#2004-17 Annexation L.B. Outlaw Survey 8 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half(4 1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 1. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4 1/2) years after that date. Ordinance#2004-17 Annexation L.B. Outlaw Survey 9 J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty (60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10) years from the effective date of this Ordinance. Ordinance#2004-17 Annexation L.B. Outlaw Survey 10 WYLIE CITY COUNCIL AGENDA ITEM NO. D. June 8, 2004 Issue Consider and act upon an Ordinance annexing all of a certain 44.039 acre tract of land out of the Francisco De La Pina Survey, Abstract 688 and the James Truett Survey, Abstract 920, Collin County, Texas, and generally located north of Brown Street, east of Ballard Street. Background This annexation is at the request of the property owner. Should the City Council approve the proposed annexation, the property will be zoned as I (Industrial) zoning to accommodate expansion of the North Texas Municipal Water Supply District. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearing at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing schedule: Notice published for Public Hearings April 21, 2004 First Public Hearing May 10,2004 Second Public Hearing May 11,2004 Adoption of Ordinance June 8,2004 Financial Consideration The current property tax rate for the City of Wylie is .705 per$100 of valuation. Other Considerations Article 1, Section 3 of the W.Tlie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered to comply with the Local Government Code for the provision of services, (please see attached Service Plan). This annexation is being conducted in compliance with Sections 43.052 (h) (2) and 43.063 of the Local Government Code. Board/Commission Recommendations N/A Staff Recommendations Approval Attachments Ordinance Service Plan Area Map Prepared by Reviewed by Finance City Manager Approval Ordinance No. AN ORDINANCE ANNEXING A CERTAIN 44.039 ACRE TRACT OUT OF THE FRANCISCO DE LA PINA SURVEY, ABSTRACT 688 AND JAMES TRUETT SURVEY, ABSTRACT 920, COLLIN COUNTY; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 2001-48; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THE ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION THEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021. Local Government Code and the City of Wylie, Texas' (Wylie) Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the"Property") to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.063, Local Government Code, the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS, the City Council finds that the service plan has been prepared in full compliance with Section 43.056, Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS, the City Council finds that the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety (90) days after the City instituted the annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie and zoned as "I" Industrial SECTION 2: The Service Plan for the Property is attached hereto as "Exhibit B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the County Clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendment thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto, be declared unconstitutional or invalid by any court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 8TH of June, 2004. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: CAROLE EHRLICH, City Secretary EXHIBIT "B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA NTMWD TRACT ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 44.039 acres SURVEY, ABSTRACT & COUNTY: Francisco de la Pina Survey, Abstract 688 and James Truett Survey, Abstract 920, Collin County Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half(4 1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4 1/2) years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty (60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10) years from the effective date of this Ordinance. WYLIE CITY COUNCIL AGENDA ITEM NO. 1. June 8, 2004 Issue Hold a Public Hearing and act upon a change in zoning from Agriculture(A)to Planned Development (PD)for residential uses. Subject property being generally located north ofFM 544,west ofFM 1378 (Country Club Drive and east of Lakeside Estates, and being all of a certain 100.7428 acre tract of land as described in a deed to J.L. Brand and Dorothy S. Green, recorded in Volume 1376,Page 94, Deed Records of Collin County, Texas (DRCCT), and being situated in the G.W. Gunnell Survey, Abstract No. 351 and the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. (Zoning Case 2004-06) WITHDRAWN Background The applicant and property owner have requested that this application be withdrawn and not considered for action. However,the legally required public notification of the requested rezoning had been completed prior to the withdrawal, and the request must, therefore, be posted for some formal action by the City Council. The withdrawal was received after the application had been published and notification letters had been mailed. Financial Considerations N/A Other Considerations N/A Board/Commission Recommendation At the May 18, 2004 Planning and Zoning meeting, the Commission voted 7-0 to recommend approval of the withdrawal of this item. Staff Recommendation Accept the withdrawal and take no further action on the requested rezoning. Attachments Location Map Applicant's Letter Requesting Withdrawal Prepared by Reviewed by Finance City Manager Approval WYLIE CITY COUNCIL AGENDA ITEM NO. 2. June 8, 2004 Issue Pending prior annexation hold a Public Hearing and act upon a change in zoning from Agriculture(A) to Neighborhood Services(NS)on Tracts 1, 1A and 6; Townhouse(TH)on Tracts 2 and 4B; Single- Family (SF-8.5/17) on Tract 4A; and Single-Family (SF 10/19) on Tract 5; subject property being generally located northwest of Vinson Road and east of FM 544 and located within unincorporated Collin and Dallas Counties, and being all of a certain 185.143 acre tract of land divided into six(6) tracts as conveyed in a deed to Mrs. Thelma Rice by Lone Star Boat Co., recorded in Volume 561, Page 226,Deed Records of Collin County, Texas(DRCCT), and being situated in the D.W.Williams Survey, Abstract No. 980,the E.M. Price Survey, Abstract No. 725,the E.M. Price Survey,Abstract No. 1114, the Nathaniel Atterberry Survey, Abstract No. 1099, and the William Sutton Survey, Abstract No. 860, City of Wylie, Collin and Dallas County, Texas. (Zoning Case 2004-07). WITHDRAWN Background The subject property is largely within unincorporated Collin and Dallas Counties and,is therefore, not subject to zoning by either the City or Counties. Annexation into the City of Wylie was to be considered by the City Council on tonight's agenda, so that zoning could be considered. However, the applicant and the property owner have requested that both the annexation and therefore the zoning requests be withdrawn and not considered for action. Because the legally required public notification and posting of this requested zoning had been completed prior to the withdrawal, the request to withdraw should be formally accepted by the City Council. Financial Considerations N/A Other Considerations N/A Board/Commission Recommendation At the May 18, 2004 Planning and Zoning Commission meeting, the Commission voted 7-0 to recommend denial of this zone change request. This recommendation by the Commission is contingent upon the prior annexation of the property into the City of Wylie. Staff Recommendation Accept the withdrawal and take no further action. Attachments Location Map Applicant's letter requesting withdrawal Prepared by Reviewed by Finance City Manager Approval WYLIE CITY COUNCIL AGENDA ITEM NO. I June 8, 2004 Issue Hold a Public Hearing and act upon a change in zoning from Agriculture(A)to Planned Development (PD) for residential uses. Subject property being generally located west of FM 544 and south of Stoneridge Farms Addition, being all of a certain 34.036 acre tract of land,recorded in Volume 309, Page 285 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the A. Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas. (Zoning Case 2004-08) WITHDRAWN Background The applicant and property owner have requested that this application be withdrawn and not considered for action. However,the legally required public notification of the requested rezoning had been completed prior to the withdrawal, and the request must, therefore, be posted for some formal action by the City Council. The withdrawal was received after the application had been published and notification letters had been mailed. Financial Considerations N/A Other Considerations N/A Board/Commission Recommendation At the May 18, 2004 Planning and Zoning meeting, the Commission voted 7-0 to recommend approval of the withdrawal of this item. Staff Recommendation Accept the withdrawal and take no further action on the requested rezoning. Attachments Location Map Applicant's Letter Requesting Withdrawal Prepared by Reviewed by Finance City Manager Approval WYLIE CITY COUNCIL AGENDA ITEM NO. 4. June 8, 2004 Issue Hold a Public Hearing and act upon a change in zoning from Agriculture(A)to Business Center(BC) for commercial uses. Subject property being generally located west of Sanden Boulevard and south of FM 544, being a 6.026 acre portion of a 34.412 acre tract of land conveyed in a deed to R.Richard Parker and Ben L. Scholz, recorded in Volume 4708, Page 1628 of the Deed Records of Collin County, Texas (DRCCT), and being all of a certain 5.05 acre tract of land conveyed in a deed to the Wylie Economic Development Corporation,recorded in Volume 5620,Page 705 DRCCT,and being situated in the Duke Strickland Survey, Abstract No. 841 and the I. Clifton Survey,Abstract No. 193, City of Wylie, Collin County, Texas. (ZC 2004-09) Background The Wylie Economic Development Corporation, acting on behalf of the property owner and a large lighting fixture fabrication company(Bayco) and the Southern Fastening Systems Corporation, has purchased the subject tract and is requesting initial zoning from Agriculture(A)District to Business Center (BC) District in order to develop the site for office/warehouse and fabrication facility. This facility will accommodate the relocation of the Bayco Corporation into Wylie as well as provide a public open space connector along Muddy Creek. The subject property totals approximately 11.076 acres, the majority of which is floodplain. It includes the land abutting to the rear/west as well as the north of the existing Southern Fastening Systems facility on Sanden Boulevard. The subject property will be divided into two tracts: Tract One is approximately 8.285 acres to the north and will be platted to accommodate the future development of the Bayco facility; and the remaining 2.791 acres will be added by replatting to the Southern Fastening Systems property on the south. The Bayco Corporation proposes to initially construct a single building of 99,439 square feet; 8,764 square feet of which will be office space and 90,675 square feet will be warehouse. The development will comply fully with the requirements of the current Zoning Ordinance. A strip of public open space approximately sixty feet wide will be dedicated along the western property line of the subject tracts, and will be dedicated to the City of Wylie to accommodate a recreational trail. The property on which the Southern Fastening Systems facility is currently located was zoned Business Center (BC) in January of 2002. All other neighboring properties are zoned Agriculture (A). On the current agenda is a request to rezone the abutting property to the north from Agriculture to Corridor Commercial(CC). Properties to the east across Sanden are zoned BC and are developed by the requirements of the previous Industrial(I)District with self-storage mini-warehouses and an entertainment facility. Financial Considerations Zoning Application Fee has been paid. Other Considerations 1. Public Comment Forms were mailed to eight(8)property owners within 200 feet of this request. One (1) Comment Form has been returned at time of posting, favoring the request. 2. The current-adopted Comprehensive Plan recommends that the subject property be developed for Business Center (BC) uses. Light assembly and fabrication are allowed within the BC District, and the proposed rezoning conforms to these recommendations. The Planning and Zoning Commission is in the process of reevaluating the current Comprehensive Plan, and is prepared to make certain revisions to the Plan. These recommended changes will completely eliminate the BC District and convert such existing zoning to other appropriate uses,including the subject property to become Industrial, and Bayco's fabrication of lighting fixtures also conforms to the revised recommendations. 3. The majority of the property is currently occupied by the 100-year floodplain. However, the Corps of Engineers has approved the reclamation of a portion of this floodplain along Sanden Boulevard on which the building and parking are to be located by a Letter of Map Revision (LOMA), dated April 7, 2000. 4. The remaining floodplain to the rear of the development will remain undeveloped, and a sixty feet wide strip along the east side of Muddy Creek will be dedicated to the City as public open space for the purpose of constructing a hike and bike trail in the future. 5. The accompanying Development Plan will serve as an approved Site Plan and Preliminary Plat and satisfies all of the Zoning Ordinance Base Standard Design requirements as well as the incentive points for the Desirable Design Attributes. A Final Plat must be approved prior to initiation of construction. 6. Designed to current regulations of the Zoning Ordinance, the proposed facility will provide sufficient compatibility to any commercial or light industrial uses which may occupy the neighboring sites in the future. Board/Commission Recommendation At the May 18, 2004 Planning and Zoning Commission meeting, the Commission voted 7-0 to recommend approval of this zone change request,including approval of a Development Plan to serve as a Preliminary Plat for the Bayco portion of the tract. On June 1, 2004, the Planning and Zoning Commission voted 5-0 to approve Final Plats for the Bayco property and the expanded Southern Fasteners property. Staff Recommendation Approval. Attachments Ordinance Location Map Development Plan/Site Plan Notification List and Map, with Responses Prepared by Reviewed by Finance City Manager Approval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY,ZONING CASE NUMBER 2004-09, TO BUSINESS CENTER(BC) DISTRICT; 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 Business Center(BC) District, said property being described in Exhibit"A" and Exhibit"B" 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. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid,the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating,modifying or altering any penalty accruing or to accrue,nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 2004. By John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Exhibit "A" Zone Change #2004-09 Legal Description Being a tract of land situated in the Duke Strickland Survey, Abstract No. 841 and the I. Clifton Survey, Abstract No. 193, City of Wylie, Collin County, Texas and being part of a 34.412 acre tract of land conveyed to R. Richard Parker and Ben L. Scholz by deed recorded in Volume 4708, Page 1628, Deed Records, Collin County, Texas and being all of a called 5.050 acre tract of land conveyed to Wylie Economic Development Corporation, a Texas corporation by deed recorded in Volume 5620, Page 705, Deed Records, Collin County, Texas and being more particularly described as follows: Beginning at a '/2" iron rod found for the most easterly southeast corner of said 34.412 acre tract, the southwest corner of a 0.476 acre tract of land conveyed to R. Richard Parker and Ben L. Scholz by deed recorded in volume 4708, Page 1628, Deed Records, Collin County, Texas, the northeast corner of a called 5.050 acre tract of land conveyed to Wylie Economic Development Corporation by deed recorded in Volume 5620, Page 705, Deed Records, Collin County, Texas and the northwest corner of a called 0.55 acre tract of land conveyed to the City of Wylie by deed recorded in Volume 5620, Page 709, Deed Records, Collin County, Texas; Thence, South 03058'29" East, along the east line of said called 5.050 acre tract and the west line of said called 0.55 acre tract, a distance of 19.50 feet to a capped 5/8" iron rod set for the beginning of a curve to the right having a central angle of 04050'33", a radius of 4,591.95 feet and a chord which bears South 01029'28" East, a distance of 387.98 feet; Thence, southeasterly, along the east line of said called 5.050 acre tract, the west line of said called 0.55 acre tract and said curve to the right, an arc distance of 388.10 feet to a p.k. nail set in concrete for the southeast corner of said called 5.050 acre tract, the southwest corner of said called 0.55 acre tract, the northwest corner of a called 0.467 acre tract of land conveyed to the City of Wylie by deed recorded in Volume 5120, Page 3021, Deed Records, Collin County, Texas and the northeast corner of a called 5.263 acre tract of land conveyed to RSR, LLC by deed recorded in Volume 5120, Page 3027, Deed Records, Collin County, Texas; Thence, North 87055'35" West, along the north line of said called 5.263 acre tract, a distance of 580.97 feet to a '/2" iron rod found on an east line of said 34.412 acre tract for the southwest corner of said called 5.050 acre tract and the northwest corner of said called 5.263 acre tract; Thence, South 00000'00" West, along the west line of said 15.296 acre tract, a distance of 436.46 feet to a point for corner in the center of Muddy Creek; Thence, Northwesterly, along the centerline of said Muddy Creek and the northerly lines of a 37.247 acre tract of land (Tract A) conveyed to The Wylie I.S.D. by deed recorded under County Clerk's File Number 92-0092602, Land Records, Collin County, Texas as follows: North 22006'04" West, a distance of 50.98 feet to a point for corner; North 45055'34" West, a distance of 248.50 feet to a point for corner; North 69032'04" West, a distance of 366.50 feet to a point for the north corner of said 37.247 acre tract and an east corner of an 8.8866 acre tract of land conveyed to The Wylie Independent School District Board of Trustees by deed recorded under County Clerk's File Number 95-0042766, Land Records, Collin County, Texas, said point being North 17031'38" East, a distance of 176.56 feet from the southeast corner of said 8.8866 acre tract; Thence, Northwesterly and Southwesterly, along the northerly lines of said 8.8866 acre tract and the centerline of said Muddy Creek as follows: North 20049'44" West, a distance of 90.00 feet to a point for corner; North 21014'21" East, a distance of 110.00 feet to a point for corner; Thence, North 13039'35" East, a distance of 54.30 feet to a capped 5/8" iron rod set for corner; Thence, North 52049'39" East, a distance of 131.49 feet to a capped 5/8" iron rod set for corner; Thence, North 83042'07" East, a distance of 85.51 feet to a capped 5/8" iron rod set for corner; Thence, North 65026'38" East, a distance of 122.74 feet to a capped 5/8" iron rod set for corner; Thence North 45052'01" East, a distance of 66.37 feet to a capped 5/8" iron rod set for corner; Thence, North 85001'38" East, a distance of 172.03 feet to a 60d nail found in the base of a Bois d'arc tree for a re-entrant corner of said 34.412 acre tract and the northwest corner of said called 5.050 acre tract; Thence, North 86033'57" East, along a south line of said 34.412 acre tract and the north line of said called 5.050 acre tract, a distance of 570.17 feet to the Point of Beginning and containing 482,455 square feet or 11.076 acres of land. WYLIE CITY COUNCIL AGENDA ITEM NO. 5. June 8, 2004 Issue Hold a Public Hearing and act upon a change in zoning from Agriculture(A)to Corridor Commercial (CC) for commercial uses. Subject property being generally located south of FM 544 and west of Sanden Boulevard, being a 28.376 portion of a 34.412 acre tract of land conveyed in a deed to R. Richard Parker and Ben L. Scholz, recorded in Volume 4708, Page 1628 of the Deed Records of Collin County, Texas(DRCCT), and being situated in the Duke Strickland Survey, Abstract No. 841 and the I. Clifton Survey, Abstract No. 193, City of Wylie, Collin County, Texas. (ZC 2004-10) Background The Wylie Economic Development Corporation, acting on behalf of the landowner, is requesting initial zoning from Agriculture (A) District to Corridor Commercial (CC) District for as yet undetermined commercial uses. The WEDC plans to market the property in order to attract new businesses to Wylie. The tract adjoins to the north of the properties of the Southern Fasteners Systems and Bayco Corporation which have been recently relocated to Wylie. The subject property totals approximately 28.376 acres, the majority of which is occupied by the floodplain of Muddy Creek and undevelopable. However, a significant portion of the floodplain has already been reclaimed(with approval of the U. S. Corps of Engineers),thus opening the property to development. The subject property is the remainder of a larger 34.412 acre tract, of which 11.076 acres has been recently sold to the Bayco Corporation. No site plans have been submitted with this subject rezoning. A Site Plan must be submitted for approval by the Planning and Zoning Commission with each future plat on the property. Future development must comply fully with the current requirements of the Zoning Ordinance. Abutting properties to the south are zoned Business Center and are developing for light industrial uses. The properties to the north, across F.M. 544 are currently zones Agriculture and undeveloped, but are recommended by the Comprehensive Plan to become Corridor Commercial uses. Financial Considerations Zoning Application Fee has been paid. Other Considerations 1. Public Comment Forms were mailed to twelve (12) property owners within 200 feet of this request. No Comment Forms have been returned at time of posting. 2. The current-adopted Comprehensive Plan recommends that the subject property be developed for Business Center(BC)uses. The BC District is intended to accommodate light industry and clean manufacturing/assembly with limited subordinate/supporting offices and convenience retail in large campus settings, and the proposed rezoning to commercial uses does not conform to these recommendations. However, the Planning and Zoning Commission is in the process of reevaluating the current Comprehensive Plan, and is prepared to make certain revisions to the Plan. These recommends include eliminating the BC District and converting such to Industrial or other appropriate uses. The proposed rezoning does not conform to these revised recommendations as well. The applicant contends that the proposed Corridor Commercial (CC) District is more compatible to development trends within the immediate vicinity and because the subject property is located on a major traffic thoroughfare corridor. 3. The U.S. Corps of Engineers has approved the reclamation of portions of the Muddy Creek floodplain by a Letter of Map Revision (LOMA) dated April 7, 2002. It is anticipated that as much as 60% of the site can become available for future development to development. 4. The property is located at the intersection of F.M. 544 and Sanden, and has frontage/access and visibility from both of these major thoroughfare corridors. The property is of sufficient size to accommodate a variety of uses in the future, and designed to the development regulations of the current Zoning Ordinance, the proposed Corridor Commercial (CC) uses can provide greater compatibility to neighboring developments than will the Industrial uses recommended by the revised Comprehensive Plan or the convenience goods and personal services ofthe Neighborhood Services District which such thoroughfare intersections are normally zoned. But the property must be carefully master planned before dividing into smaller parcels in order to assure that commercial developments to the rear of the tract is provided sufficient visibility and traffic access for the abutting streets. Board/Commission Recommendation At the May 18, 2004 Planning and Zoning Commission meeting, the Commission voted 7-0 to recommend approval of this zone change request. Staff Recommendation Approval. The proposed traffic-oriented uses are compatible with the location of the tract, adjacent to the intersection of major corridors. Attachments Ordinance Location Map Notification List and Map, with Responses Prepared by Reviewed by Finance City Manager Approval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY,ZONING CASE NUMBER 2004-10, TO CORRIDOR COMMERCIAL (CC) DISTRICT; 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 Corridor Commercial (CC) District, said property being described in Exhibit"A" 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. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid,the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating,modifying or altering any penalty accruing or to accrue,nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 2004. By John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Exhibit "A" Zone Change #2004-10 Legal Description Being a tract of land situated in the Duke Strickland Survey, Abstract No. 841 and the I. Clifton Survey, Abstract No. 193, City of Wylie, Collin County, Texas and being part of a 34.412 acre tract of land conveyed to R. Richard Parker and Ben L. Scholz by deed recorded in Volume 4708, Page 1628, Deed Records, Collin County, Texas and being more particularly described as follows: Beginning at a '/2" iron rod found for the most easterly southeast corner of said 34.412 acre tract, the southwest corner of a 0.476 acre tract of land conveyed to R. Richard Parker and Ben L. Scholz by deed recorded in Volume 4708, Page 1628, Deed Records, Collin County, Texas, the northeast corner of a called 5.050 acre tract of land conveyed to Wylie Economic Development Corporation by deed recorded in Volume 5620, Page 705, Deed Records, Collin County, Texas and the northwest corner of a called 0.55 acre tract of land conveyed to the City of Wylie by deed recorded in Volume 5620, Page 709, Deed Records, Collin County, Texas; Thence, South 86033'57" West, along a south line of said 34.412 acre tract and the north line of said called 5.050 acre tract, a distance of 570.17 feet to a 60d nail found in the base of a Bois d'arc tree for a re-entrant corner of said 34.412 acre tract and the northwest corner of said called 5.050 acre tract; Thence, South 85001'38" West, a distance of 172.03 feet to a capped 5/8" iron rod set for corner; Thence, South 45052'01" West, a distance of 66.37 feet to a capped 5/8" iron rod set for corner; Thence, South 65026'38" West, a distance of 122.74 feet to a capped 5/8" iron rod set for corner; Thence, South 83042'07" West, a distance of 85.51 feet to a capped 5/8" iron rod set for corner; Thence, South 52049'39" West, a distance of 131.49 feet to a capped 5/8" iron rod set for corner; Thence, South 13039'35" West, a distance of 54.30 feet to a point for an easterly corner of a called 8.8866 acre tract of land conveyed to The Wylie Independent School District Board of Trustees by deed recorded under County Clerk's File Number 95-0042766, Deed Records, Collin County, Texas; Thence, Northwesterly and Southwesterly, along the northerly lines of said called 8.8866 acre tract and the centerline of said Muddy Creek as follows: North 58052'34" West, a distance of 121.60 feet to a point for corner; South 14056'26" West, a distance of 121.00 feet to a point for corner; North 75006'24" West, a distance of 117.90 feet to a point for corner; North 19028'09" West, a distance of 70.00 feet to a point for corner; South 76027'26" West, a distance of 181.80 feet to a point for corner; North 10043'41" East, a distance of 114.80 feet to a point for corner; North 156054'59" West, a distance of 208.30 feet to a point for corner; North 17036'33" East, a distance of 173.70 feet to a point for corner; North 44050'04" West, a distance of 73.00 feet to a point for corner; South 45051'51" West, a distance of 76.81 feet to a point for corner; South 42049'41" West, a distance of 93.10 feet to a point for corner; South 72055'58" West, a distance of 108.18 feet to a point for corner on the east line of a 33.8983 acre tract of land conveyed to The Wylie I.S.D. by deed recorded under County Clerk's File Number 92-0012336, Land Records, Collin County, Texas for the northwest corner of said 8.8866 acre tract; Thence North 04015'46" East, along the east line of said 33.8983 acre tract, a distance of 600.71 feet to a 5/8" capped iron rod set on the south line of a 9.9031 acre tract of land (Tract II) conveyed to Wylie I.S.D. by deed recorded under County Clerk's File Number 95-0012336, Land Records, Collin County, Texas for the northeast corner of said 33.8983 acre tract; Thence, South 87043'49" East, along the north line of aforesaid 94.9 acre tract, the south line of said 9.9031 acre tract and a south line of a tract of land conveyed to Frances B. Wells by deed recorded in Volume 90, Page 136, Deed Records, Collin County, Texas, a distance of 1,435.05 feet to a capped 5/8" iron rod set for corner on the southerly right-of-way line of F.M. 544 (120' R.O.W.) and being in a curve to the left having a central angle of 04005'57", a radius of 5,789.58 feet and a chord which bears South 74008'24" East, a distance of 414.13 feet; Thence, Southeasterly along the southerly right-of-way line of F.M. 544 (120' R.O.W.) a said curve to the left, an arc distance of 414.21 feet to a concrete right-of-way monument found for corner; Thence, South 39045'49" East, along the southerly right-of-way line of F.M. 544 (120' R.O.W.), a distance of 31.91 feet to a 5/8" capped iron rod set for the northwest corner of said 2.387 acre tract; Thence, South 03058'29" East, along the west line of said 2.387 acre tract, a distance of 407.60 feet to the Point of Beginning and containing 1,236,074 square feet or 28.376 acres of land. WYLIE CITY COUNCIL AGENDA ITEM NO. 6. June 08, 2004 Issue Consider and act upon approval to increase delinquent tax collection fees from 15%to 20%passed by the State Legislature (H.B. 490) to the Texas Property Tax Code Sections 33.07 and 33.08 amended. Background This item was originally presented at the April 25, 2004, City Council meeting. It was tabled for the May 11, 2004 meeting and then tabled again for the June 8, 2004 meeting. City Council is asked to remove the item from the table for consideration. Delinquent tax collections are currently being handled for the City by the firm ofLinebarger Goggan Blair & Sampson, LLP, (the firm), in association with Jackson Dillard Hager & Smith, LLP. We entered into our current contract with the firm on June 26, 2001. The contract specifies in Section VI that the firm will be compensated at a rate of fifteen percent (15%) of the amount collected of all delinquent taxes, penalty and interest of the years covered by the contract. The firm is requesting that the contract be amended to raise the rate to twenty percent (20%). The rate allowable to be charged for the collection of delinquent taxes is set by state law. The fifteen percent rate has been in effect for the past 24 years. The allowable rate was increased to twenty percent in 2001. Since that time many taxing entities have increased the allowable rate. This item was originally tabled to allow additional information to be gathered. To provide more information the firm has prepared the Delinquent Tax Collection Performance Report for your review. On page four of the report you will find a summary of past collection history in the Reduction Of Delinquent Tax Roll for Tax Years 2000-2002 chart. Also of interest was what additional service will be provided for the increase in rate. This information can be found on page seven of the report under Contract Considerations. Representatives of the firm will be available at the meeting to answer any additional questions the council may wish. Financial Considerations There is no financial impact to the City in making this change. All costs are paid by the delinquent taxpayer at the time of payment. Other Considerations None Staff Recommendation Staff recommends that the contract be amended to reflect a 20 percent (20%) rate and that the Resolution 2004-13 (R) reflecting such increase be adopted. Attachments Delinquent Tax Collection Performance Report Resolution 2004-13 (R) Amended Contract Prepared by Reviewed by Finance City Manager Approval STATE OF TEXAS § COUNTY OF COLLIN § AMENDMENT NO. 1 TO THE CONTRACT BETWEEN CITY OF WYLIE AND LINEBARGER GOGGAN BLAIR& SAMPSON, LLP IN ASSOCIATION WITH NICHOLS, JACKSON, DILLARD, HAGER& SMITH, L.L.P. WHEREAS,on June 26, 2001, City of Wylie hereinafter("CITY")approved a Contract with the law firm of Linebarger Heard Goggan Blair Graham Pena& Sampson, LLP (now known as Linebarger Goggan Blair & Sampson, LLP) in association with Nichols, Jackson, Dillard, Hager & Smith, L.L.P. (hereinafter "FIRM"), under which Contract a fifteen (15%) percent commission on the taxes, penalty and interest collected is provided as compensation for the FIRM; and WHEREAS, the Texas State Legislature has found and declared, by its enactment of TEX. TAX CODE§ 6.30(c),that a twenty(20%)commission on the taxes, penalty and interest collected is a reasonable fee for delinquent tax collection services of a private attorney; and WHEREAS, TEX. TAX CODE §§ 33.07 and 33.08 were amended by the Seventy Seventh Legislature, by Act of May 17, 2001, to provide that certain taxes, in order to defray the costs of collection, may incur an additional penalty equal to the compensation specified in the contract with private counsel; and WHEREAS,the source of the funds for private counsel's compensation is the additional penalty paid by the delinquent taxpayer, rather than the public treasury; NOW THEREFORE,for and in consideration of the recitals shown above,of the FIRM'S increased costs of doing business, and of enhanced services by the FIRM that will result from the devotion of additional technological and human resources toward collection of delinquent taxes, (as detailed in exhibit A) the Contract, by execution of this Amendment No. 1, is amended hereby as set forth below. I. THE AMENDMENT The following italicized language is hereby substituted for Section VI of the Contract: CITY agrees to pay to FIRM as compensation for services required herein the following amounts: (a) fifteen(15%) cif the amount collected()fall 2002 and prior year delinquent taxes,penalty and interest that are subject to the terms()Phis contract, actually collected and paid to the collector of taxes during the term ()Phis contract, as and when collected; and 1 (b) twenty percent (20%) of the amount collected of all 2003 and subsequent year delinquent taxes, penalty and interest that are subject to the terms of this contract, actually collected and paid to the collector of taxes during the term of this contract, as and when collected. All compensation above provided for shall become the property of the FIRM at the time payment of taxes, penalty and interest is made to the collector. The collector shall pay over said funds monthly by check. II. EFFECT OF THE AMENDMENT By execution of this Amendment No. 1, the Contract is amended. No other sections, provisions, clauses or conditions of the Contract are waived or changed hereby, and they shall all remain in full force and effect throughout the term of the Contract and any duly authorized extensions. IN WITNESS WHEREOF,by their signatures below,the duly authorized representatives of City of Wylie and of Linebarger Goggan Blair& Sampson,LLP in association with Nichols,Jackson, Dillard, Hager& Smith, L.L.P. do hereby agree and append this Amendment No. 1 to the Contract dated June 26, 2001. EXECUTED THIS the 8th day of June, 2004. LINEBARGER GOGGAN CITY OF WYLIE BLAIR& SAMPSON, LLP By: By: John Mondy Partner Mayor NICHOLS, JACKSON, DILLARD HAGER& SMITH, L.L.P. By: Partner Dated: ATTEST By: Carole Ehrlich, City Secretary 2 WYLIE CITY COUNCIL AGENDA ITEM NO. 7. June 08, 2004 Issue Consider and act upon approval of an Ordinance of the City of Wylie, amending the budget for Fiscal Year 2004, beginning October 1, 2003, and ending September 30, 2004: repealing all conflicting ordinances: containing a severability clause; and providing an effective date. Background The budget is a dynamic document and changes occur during the fiscal year in regard to both revenues and expenditures. Often these changes could not have been anticipated when the original budget was prepared and adopted. A mid-year review of the budget and subsequent amendments provides a mechanism to deal with any unanticipated circumstances. The proposed amendments consist of re-estimates of revenues in the General Fund and Emergency Communications Fund. Appropriations are proposed in the General Fund,Emergency Communications Fund and the Water& Sewer Fund. Financial Considerations The proposed budget amendments will have the following effect on the fund balances of the respective funds: General Fund $ (308,160) Emergency Communications Fund 60,350 Water& Sewer Fund 15,000 $ (262,810) The amendment in the General Fund is more than adequately covered by an estimated increase in fund balance for FYE of$619,000. Preliminary estimates for FYE 2004 also indicate a significant increase in fund balance due to increased sales tax collections and continued strong building activity. Other Considerations The City Charter under Article, 7 Municipal Finance, Section 4;Amendments After Adoption states"If during the fiscal year, the City Manager certifies that there are revenues available for appropriation in excess of those estimated in the budget,the City Council may make supplemental appropriations to fiend other appropriations as desired". Staff Recommendation Staff recommends that the City Council approve the amendments as proposed and adopt the ordinance amending the Fiscal Year 2003-2004 Budget. Attachments Attachment 1-Proposed FY2004 Mid-Year Budget Amendments Attachment 2-Mid-Year Amendments Attachment 3-Mid-Year Budget Amendments Narrative Proposed Ordinance Prepared by Reviewed by Finance City Manager Approval ATTACHMENT 1 CITY OF WYLIE PROPOSED FY2004 MID-YEAR BUDGET AMENDMENTS June 08,2004 COMBINED SUMMARY 2003-2004 ALL 2003-2004 ALL FUNDS EMERGENCY FUNDS NET CHANGE ORIGINAL GENERAL COMMUNICATION WATER& AMENDED (for purposes of BUDGET FUND S SEWER FUND BUDGET(1) comparison) ESTIMATED FUND BALANCE 9-30-03 17,320,820 N/A N/A N/A 17,320,820 N/A REVENUES: Ad Valorem Taxes 7,913,920 7,913,920 - Non-Property Taxes 2,363,380 2,363,380 - Franchise Fees 1,107,000 1,107,000 - Licenses and Permits 1,160,100 1,160,100 - Intergovernmental Revenue 306,140 4,070 310,210 4,070 Service Fees 7,538,480 (2,900) 89,000 7,624,580 86,100 Court Fees and Fines 480,000 480,000 - Impact Fees-Water 495,360 495,360 - Interest&Miscellaneous Income 274,000 7,750 281,750 7,750 Transfers from Other Funds 898,210 898,210 - TOTAL REVENUES 22,536,590 8,920 89,000 - 22,634,510 97,920 EXPENDITURES: General Government 3,814,130 140,500 3,954,630 140,500 Public Safety 5,709,740 131,410 28,650 5,869,800 160,060 Urban Development 929,690 929,690 - Streets 1,229,650 1,229,650 - Community Services 1,966,070 45,170 2,011,240 45,170 Utilities 5,272,470 15,000 5,287,470 15,000 Debt Service 3,350,170 3,350,170 - Capital Projects 8,224,260 8,224,260 - Economic Development 810,560 810,560 - Transfers to Other Funds 898,210 898,210 - TOTAL EXPENDITURES 32,204,950 317,080 28,650 15,000 32,565,680 360,730 ENDING BALANCES 7,652,460 7,389,650 NET CHANGE TO ENDING FUND BALANCE (308,160) 60,350 (15,000) (262,810) (262,810) TOTAL REVENUES 22,634,510 NET DECREASE(INCREASE) IN FUND BALANCES(Original Budget) 10,852,580 Amendments to Budget 262,810 TOTAL APPROPRIABLE FUNDS 33,749,900 (1) All funds are included in the Original Budget and Amended Budget columns. However, individual fund columns include only the funds that are affected by proposed budget amendments. ATTACHMENT 2 PROPOSED FY 2004 MID-YEAR BUDGET AMENDMENTS UTILITY FUND June 8,2004 Estimated Fund Balance 9-30-03 $2,598,350 FY 2004 Original Budgeted Revenues 4,147,900 FY 2004 Original Budgeted Appropriations 4,188,410 Mid-Year Ending Fund Balance 2,557,840 Mid-Year Budget Amendments -15,000 Estimated Ending Fund Balance 2,542,840 165 days of working capital DEPARTMENT EXP/(REV) AMOUNT DESCRIPTION Utility Billing Exp 15,000 Additional overtime for Utility Billing Total Expenditures 15,000 ATTACHMENT 3 PROPOSED FISCAL YEAR 2004 MID-YEAR BUDGET AMENDMENTS NARRATIVE GENERAL FUND REVENUES • $4,070 State Library Grant. This funding is from a State grant for direct aid to library's. The Library is going to utilize these funds for part-time staffing hours during the busy summer rush and to purchase a computer. • $2,750 Police Seizure. Funds received from police seizure in 1999. • ($13,000) Alarm Revenue. Decrease budgeted funds that will be recognized in Emergency Communications Fund. • ($5,000) Alarm Monitoring Revenue. Decrease budgeted funds that will be recognized in Emergency Communications Fund. • $5,000 Contribution to Police Department. A contribution was made to the Police Department. The Police Department purchased a System 7 in-car video system for a vehicle in their fleet. • $15,100 for Recreation Scoreboards. A contractual agreement with PepsiCo for the exclusive rights on all vending in city facilities except for the Fire Stations. Per the terms of the agreement these funds are to be specifically allocated to the purchase of scoreboards. Three scoreboards are located at Community Park. FY200-1 MID-I E4R BUDGET A_lIEADAIE.VTS PAGE I ATTACHMENT 3 PROPOSED FISCAL YEAR 2004 MID-YEAR BUDGET AMENDMENTS NARRATIVE GENERAL FUND EXPENDITURES City Manager • $110,600 adjustment for former City Manager. This adjustment represents additional funds required for the resignation and payout of the former City Manager. • $24,900 for City Manager search. An additional $24,900 has been requested to cover the contractual agreement with the Mercer Group to locate and present a new City Manager to the council. The FY2004 Midyear request includes a search fee of$13,400 plus expenses not to exceed 11,500. • $5,000 relocation expense. Additional funds may be required as a relocation expense for a new City Manager. Police • $7,750 for Major Tools and Equipment. The Police Department utilized this capital account to purchase the System 7 in-car video system for a fleet vehicle. The Police Department received a $5,000 donation and $2,750 in Seized funds. Fire • $68,630 for an Assistant Fire Chief. Under the general supervision of the Fire Chief, manages, directs, and oversees fire suppression, emergency medical response, fire prevention, fire investigation and emergency management planning operations of the Fire Department. Animal Control • $12,420 for Animal Control Attendant. Our volume is so high we cannot adequately staff the animal shelter with two animal control officers. Our volume has almost doubled from last year. The two animal control officers work a split, overlapping schedule to accommodate the shelter being open until 7pm on Tuesday- Thursday and from 8am— 2pm on Saturday. When an officer is on duty by their self and receive a call they must close the shelter. An attendant would ensure that the shelter is always staffed with at least one person during normal business hours, to handle walk-ins, adoptions and answer the phone. • $42,610 for nine (9) indoor/ outdoor dog pens. Currently, we do not have sufficient dog pens to hold all of the dogs we are taking in. We have been housing dogs in outside pens that haven proven to be inadequate and unsanitary. We are contracting with a local kennel to handle our overflow. FY200-1 MID-I E4R BUDGET A_lIEADAIE.VTS PAGE 2 ATTACHMENT 3 Parks • $20,000 for unanticipated water leak. Unanticipated consumption and two water leaks. Recreation • $15,100 for Scoreboards. The Recreation Department has allocated funds received from the PepsiCo contractual services agreement. Per the terms of the agreement these funds are to be specifically allocated to the purchase of scoreboards. Three scoreboards are located at Community Park. • $6,000 for Generator. Due to construction at Highway 78/Olde City Park the summer concerts are being moved to Community Park and a portable power source is required for the stage. These funds will be utilized to rent a portable power source. Library • $3,000 Part - Time Staffing - State Library Grant. This funding is from a State grant for direct aid to library's. The Library is going to utilize these funds for part- time staffing hours during the busy summer rush. • $1,070 Computer Hardware/ Software — State Library Grant. This funding is from a State grant for direct aid to library's. FY200-1 MID-I E4R BUDGET A_lIE.VT)ME.VTS PAGE 3 ATTACHMENT 3 PROPOSED FISCAL YEAR 2004 MID-YEAR BUDGET AMENDMENTS NARRATIVE EMERGENCY COMMUNICATIONS FUND REVENUES • $45,000 Alarm permits. Revenues are being adjusted to reflect activity for the year. • $44,000 Alarm monitoring. Revenues are being adjusted to reflect activity for the year. EXPENDITURES • $18,650 for Alarm Clerk position. The position is necessary and work load justifies a full-time position. Under general supervision, the alarm clerk will work with other Fire Department and Communications personnel to coordinate all alarm functions, including: maintaining alarm records, performing daily clerical work, assisting customers on the telephone and in person, plus other related work as required. • $10,000 for Contact ID Programming for the alarm monitoring system. The alarm monitoring system has been upgraded to accept contact ID information. The C A Dispatch system has to be programmed to process this information. FY200-1 MID-I E4R BUDGET A_lIE.VT)ME.VTS PAGE-! ATTACHMENT 3 PROPOSED FISCAL YEAR 2004 MID-YEAR BUDGET AMENDMENTS NARRATIVE UTILITY FUND EXPENDITURES Utility Billing • $15,000 for Overtime. Additional funds for staffing are requested. Earlier this year the department underwent a Computer Hardware and Software conversion resulting in increased overtime. Also, the growth in our customer base has made it impossible to stay current with our current staff of three. FY200-1 MID-I E4R BUDGET A_lIE.VT)ME.VTS PAGES ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE BUDGET FOR THE FISCAL YEAR 2004 BEGINNING OCTOBER 1, 2003, AND ENDING SEPTEMBER 30, 2004, BY AMENDING ORDINANCE NO. 2003-21; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council has heretofore adopted Ordinance No. 2003-21 adopting a Budget and appropriating resources for Fiscal Year 2004 (FY2004) beginning October 1, 2003, and ending September 30, 2004; and, WHEREAS, the Staff has presented information to the Council concerning the actual income and expenses for the first half of FY2004 and made comparisons of such information to the heretofore budgeted projections; and, WHEREAS, based upon such review the Staff has recommended to the Council that certain amendments to the Budget, as hereinafter set forth, be made to facilitate operation and administration of the operations of the City for the balance of FY2004; and, WHEREAS, the Council has the authority to make amendments to the City Budget under Article VII, Section 4 of the City Charter, as well as State law; and, WHEREAS, the Council has determined that the proposed amendments to the FY2004 Budget, with the revenues and expenditures therein contained, is in the best interest of the City and therefore desires to adopt the same by formal action; NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I The proposed amendments to the FY2004 Budget of the City of Wylie, as heretofore adopted by Ordinance No. 2003-21, as summarized in Attachment 1 which is attached hereto and fully incorporated herein by reference, be, and the same hereby are, completely adopted and approved as amendments to the said FY2004 Budget. SECTION II All portions of the existing FY2004 Budget and Ordinance No. 2003-21, except as specifically herein amended, shall remain in full force and effect, and not be otherwise affected by the adoption of the amendatory ordinance. SECTION III Should any paragraph, sentence, sub-division, 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 or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV 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 V That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI The repeal of any ordinance, or parts thereof, by the enactment of the 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 affecting any rights of the municipality under any section or provision 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 8th day of June, 2004. John Mondy, Mayor ATTEST: Carol Ehrlich, City Secretary WYLIE CITY COUNCIL AGENDA ITEM NO. 8. June 8, 2004 Issue Consider and act upon approval of a Resolution authorizing the City Manager to execute a Local Project Advance Funding Agreement (LPAFA) with the Texas Department of Transportation (TxDOT). Background On September 24, 2002 Council approved a Master Advance Funding Agreement (MAFA) with TxDOT for the extension of SH 78 from Eubanks Lane to Spring Creek Parkway. Development around City Hall necessitated the extension of the roadway and TxDOT agreed to add the project to the existing SH 78 construction. Approval of the engineering plans was granted by TxDOT in April and the warrant study for the signal located at Spring Creek was approved in May. Approval of the LPAFA will allow the state's contractor — Site Concrete — to begin construction on the extension. The first priority will be the installation of the temporary signals at the intersection of Spring Creek Parkway in anticipation ofthe opening of Wal-Mart. Financial Considerations $2,500,000 was authorized in September 2002 for the project. The cost breakdown for the project is as follows: Project Cost Paving $ 2,735,655.74 Utilities $ 163,799.36 Signal $ 175,594.08 Engineering $ 180,240.00 TOTAL $ 3,255,289.18 In general, an increase is shown in all the construction line items over the unit prices in the original SH 78 contract. The largest increases are in the 9" concrete paving(30%increase),mobilization,and constructing detours which can be largely attributed to the increase in fuel and steel costs. The agreement with Wal-Mart specifies that they will pay for intersection improvements and the installation of the traffic signal up to $240,000. Also, $ 125,535.79 will be used for the project from eligible Perimeter Street Fees. Money will be used from interest earned on the 1999 Street Bonds to cover the remaining funding shortfall of$389,753.21. Other Considerations N/A Board/Commission Recommendations N/A Staff Recommendations Staff recommends adoption of the resolution authorizing the City Manager to execute a Local Project Advance Funding Agreement (LPAFA) with the Texas Department of Transportation (TxDOT). Attachments Resolution LPAFA Agreement between Walmat and City of Wylie Prepared by Reviewed by Finance City Manager Approval Formatted (...[1]` Deleted:CITY OF ' 'z Formatted [...[2] ,�' / Formatted (...[31 4-0 RESOLUTION NO.. Formatted [4] z _ tom, -Deleted:FRISCO A RESOLUTION OF THE CITY COUNCIL OF THE CITY .,y, v v Deleted: OF WYLIE, TEXAS, AUTHORIZING THE CITY ,, ,' Formatted (...[5] MANAGER TO ENTER INTO HE OCAL PROJECT v' Deleted:WYLIE,TEXAS ADVANCE FUNDING AGREEMENT ILPAFA) WITH THE y�,0,v`Deleted: TEXAS DEPARTMENT OF TRANSPORTATION. ",v�`,,,f Deleted: ?,4',vv' Deleted: OW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF •, Deleted: THE CITY OF.WYLIE TEXAS: ,'\` ''i,vvv, Deleted:¶ (...[6] ,ii i'�,�',0 Formatted (...[7] SECTION 1: The City Manager of the City of Wylie, Texas is hereby authorized;,,,, �qn'�'','',,' Formatted (...[8] to execute, on behalf of the City Council of the City of Wylie, Texas, the Local Project 4,,, ,,,,,, Advance Funding Agreement (LPAFA) between the City of Wylie, Texas and the Texas i';',`,',',o';,,';[Formatted (...[9] Department of Transportation, a copy of which is attached hereto as Exhibit "A" and 1;i', ',,;;i,,[Deleted:FRISCO incorporated herein for all purposes. . I',',,, o,,,(Formatted (...[10] Iliiii 'i''i(Deleted: SECTION 2: This Resolution shall take effect immediately upon its passage. i'i'�;,'';;,(Deleted:REPEALING ...[11] RESOLVED THIS they4tl,day of une 2004. �' 1',,'',i,'(Formatted (...[12] �'��,t,,,� ,{Deleted:A I i�iI'',' ',(Deleted:PIPELINE LICENSE t�,�,IdP ' Formatted ...[14] OHN MONDY Mayor ,, I',V',,,V[0,,i' Deleted:BURLINGTON (...[15] 1'I ih'i'd' . 16 1 l'ii''i'',P0 Deleted:FOR THE [17 ATTEST TO: -i y,IliVii''id',' Formatted i[ ...[18] �i I'VI i',ii'[i'',i(Deleted:¶ k -,i,'''VIV''�''',ii', ��'V',II'i'V�'',1',0[Deleted:FRISCO CAROLE ERLICH, City Secretary ''',I,1��,',,',,' ,,,,li'1 VV''Ii'',,{Formatted ...[20]. 1iii��[11'1,',i,,\i,i,i, Formatted (...[21 ','il,'1''ii''i3O,,ii Formatted (...[22]. ii,,l'I',i',i'',i' Deleted:Resolution No.04-04 [23] ii,'i''''lp[Formatted [...[24]. '',,y�'V'�P,',J[Deleted: i'i,,i,ii,pip{Deleted:and hereby authoriziii ...[251 ,,',1'i'V''0', Formatted ...[26] I. iI'',l�,,,,,,�„t Formatted (...[27] ,i'i,V',�',',,ikFormatted (...[28] i',iiVi','�d[Deleted: i;ili,1i11vi,(Formatted (...[291. 1 ii'iii,'i,i(Deleted: ' 'i''J 0'1 .. 30 I, 0 ',�',,1 J Formatted [...[31] 1 Jesolution Authorizing Execution of the Local Pro.ect Advance Funding Agreement LPAFA_— age 1 '1''a'' Formatted ��I'1 [32] l','',, Deleted:E MICHAEL SIMP'SON III ,I 1I 1i'ii'[Deleted:¶ �,i, d1,0 Formatted (...[34] ',i 'li' Formatted ...[35] '", 1' Formatted (...[361 ,',l (...[37]. ,'0, Formatted [38] ' '(Formatted (...[39] Page 1: [1] Formatted aewing 6/2/2004 11:14:00 AM Left: 0.56",Right: 1.44" Page 1: [2] Formatted aewing 6/2/2004 10:50:00 AM Font: Times New Roman Page 1: [3] Formatted Aimee Nemer 6/4/2004 1:57:00 PM Font: Times New Roman,Bold Page 1: [4] Formatted aewing 6/2/2004 11:11:00 AM Indent:Left: 0.5" Page 1: [5] Formatted Aimee Nemer 6/4/2004 1:57:00 PM Font: Times New Roman,Bold Page 1: [5] Formatted Aimee Nemer 6/4/2004 1:57:00 PM Font:Bold Page 1: [6] Deleted aewing 6/2/2004 10:48:00 AM Page 1: [7] Formatted Aimee Nemer 6/4/2004 1:57:00 PM Font:Bold Page 1: [8] Formatted Aimee Nemer 6/4/2004 1:57:00 PM Font: Times New Roman,Bold Page 1: [9] Formatted Abernathy Law 6/2/2004 2:38:00 PM Indent:Left: 1",Right: 0.94" Page 1: [10] Formatted Aimee Nemer 6/4/2004 1:57:00 PM Font:Bold Page 1: [11] Deleted aewing 6/2/2004 10:46:00 AM REPEALING RESOLUTION NO. 04-04-94 Page 1: [12] Formatted Aimee Nemer 6/4/2004 1:57:00 PM Font: Times New Roman,Bold Page 1: [13] Formatted Aimee Nemer 6/4/2004 1:57:00 PM Font:Bold Page 1: [13] Formatted Aimee Nemer 6/4/2004 1:57:00 PM Font: Times New Roman,Bold Page 1: [14] Formatted Aimee Nemer 6/4/2004 1:57:00 PM Font:Bold Page 1: [14] Formatted Aimee Nemer 6/4/2004 1:57:00 PM Font: Times New Roman,Bold Page 1: [15] Deleted aewing 6/2/2004 10:46:00 AM BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY Page 1: [16] Formatted Aimee Nemer 6/4/2004 1:57:00 PM Font:Bold Page 1: [16] Formatted Aimee Nemer 6/4/2004 1:57:00 PM Font: Times New Roman,Bold Page 1: [17] Deleted aewing 6/2/2004 11:12:00 AM FOR THE INSTALLATION OF A 72-INCH STORM SEWER LINE. Page 1: [18] Formatted aewing 6/2/2004 11:12:00 AM Indent:Left: 0.5",First line: 0" Page 1: [19] Formatted Aimee Nemer 6/4/2004 1:57:00 PM Font:Bold Page 1: [19] Formatted Aimee Nemer 6/4/2004 1:57:00 PM Font: Times New Roman,Bold Page 1: [20] Formatted Aimee Nemer 6/4/2004 1:57:00 PM Font:Bold Page 1: [21] Formatted aewing 6/2/2004 10:50:00 AM Font: Times New Roman Page 1: [22] Formatted aewing 6/2/2004 11:15:00 AM Indent:Left: 0.5" Page 1: [23] Deleted aewing 6/2/2004 11:18:00 AM Resolution No. 04-04-94 authorizing the City Manager to enter into a pipeline license agreement with the Burlington Northern and Santa Fe Railway Company for the installation of a 72-inch storm sewer line is hereby repealed. Page 1: [24] Formatted aewing 6/2/2004 10:50:00 AM Font: Times New Roman Page 1: [25] Deleted Abernathy Law 5/11/2004 5:39:00 PM and hereby authorizing the City Manager of the City of Frisco, Texas, Pipeline License Agreement with the Burlington Northern and Santa Fe Railway Company for the installation of a 72-inch storm sewer line, a copy of which is attached hereto as Exhibit"A" and incorporated herein for all purposes. Page 1: [26] Formatted aewing 6/2/2004 10:50:00 AM Font: Times New Roman Page 1: [27] Formatted aewing 6/2/2004 10:50:00 AM Font: Times New Roman Page 1: [28] Formatted aewing 6/2/2004 11:23:00 AM Indent:Left: 0.5",First line: 0.5" Page 1: [29] Formatted aewing 6/2/2004 10:50:00 AM Font: Times New Roman Page 1: [30] Formatted aewing 6/2/2004 10:50:00 AM Font: Times New Roman Page 1: [30] Formatted aewing 6/2/2004 10:50:00 AM Font: Times New Roman Page 1: [31] Formatted aewing 6/2/2004 10:50:00 AM Font: Times New Roman Page 1: [32] Formatted Abernathy Law 6/2/2004 2:47:00 PM Indent:Left: 2.63" Page 1: [33] Formatted aewing 6/2/2004 10:50:00 AM Font: Times New Roman Page 1: [33] Formatted aewing 6/2/2004 10:50:00 AM Font: Times New Roman Page 1: [34] Formatted aewing 6/2/2004 10:50:00 AM Font: Times New Roman Page 1: [35] Formatted aewing 6/2/2004 11:23:00 AM Indent:Left: 0.5",First line: 0" Page 1: [36] Formatted aewing 6/2/2004 10:50:00 AM Font: Times New Roman Page 1: [37] Deleted Abernathy Law 6/2/2004 2:37:00 PM Page 1: [38] Formatted aewing 6/2/2004 10:50:00 AM Font: Times New Roman Page 1: [39] Formatted Abernathy Law 6/2/2004 2:23:00 PM Font: Times New Roman Page 1: [40] Deleted Abernathy Law 6/2/2004 2:23:00 PM BNSF Main St.—72" storm sewer line May 18, 2004 Page 1: [41] Formatted Abernathy Law 6/2/2004 2:23:00 PM Font: Times New Roman Page 1: [41] Formatted Abernathy Law 6/2/2004 2:23:00 PM Font: Times New Roman Page 1: [42] Formatted Abernathy Law 6/2/2004 2:23:00 PM Font: Times New Roman WYLIE CITY COUNCIL AGENDA ITEM NO. 9. June 8, 2004 Issue Consider and act upon the adoption of an ordinance adopting the 2003 International Fire Code. Background The Wylie Fire Department and the City of Wylie are currently an Insurance Services Office Class One rated municipality. In an effort to maintain the current ISO rating and remain proactive in fire prevention, the Wylie Fire Prevention Bureau has been actively participating in the North Texas Council of Governments Fire Advisory board meetings. The goal of the Fire Prevention Bureau is to prevent deficiencies in future ISO PPC ratings and remain current in relation to industry standard building and fire code. The Wylie Fire Department continues to strive for the life safety and fire safety of its citizens. The fire department continues to maintain a fire prevention program that consists of providing fire safety plan reviews of new development, annual inspections for businesses within the city limits and enforcement of the adopted fire codes. This current program is a proactive approach to addressing fire safety throughout the City of Wylie. In an effort to continue to be proactive the Fire Prevention Bureau has been involved in the North Texas Council of Governments Fire Advisory board meetings. This has provided a look at the direction of the fire code and the industry standards. The current industry standard goal has been in a form of internationally recognized codes. The International Fire Code Council encourages state and regional participation in code development, training and enforcement. This minimizes differences in code interpretations and unifies code changes with industry. The NTCOG Fire Advisory Board membership consists of 18 members from the DFW Metroplex region. Many regional changes go to the International Fire Code Council for review and adoption if the changes are applicable throughout industry. Wylie is currently enforcing Uniform Fire Code 1997. The latest building code is Uniform Building Code 1997. The Wylie Fire Department in the past has maintained the equivalent code in relation to the building code department. Financial Considerations The adoption of International Fire Code 2003 will require purchases of three Fire Prevention Bureau copies of the International Fire Code 2003 in hard copy form and digital forms for research and enforcement purposes. Other Considerations N/A Board/Commission Recommendations N/A Staff Recommendations In cooperation with the Wylie Building Official the Wylie Fire Prevention Bureau recommends adoption of the International Fire Code 2003 with the NTCOG Fire Advisory Board, applicable regional amendments to include local amendments and Adopt Appendix B, C, D with local amendments, E and G. Attachments Proposed Ordinance Prepared by Reviewed by Finance City Manager Approval ORDINANCE NO. 2004-22 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING - Deleted:FRISCO ORDINANCE NO. 2001-53; ADOPTING THE 2003 EDITION OF THE INTERNATIONAL FIRE CODE AND ADOPTING AMENDMENTS THERETO; AMENDING ORDINANCE NO. 2003-15, SECTION 5 (FIRE ADMINISTRATION FEES); AMENDING CHAPTER 46, ARTICLES III (FIRE CODE) AND IV(FIREWORKS) AND CHAPTER 70,ARTICLE II(MANUFACTURED HOME PARKS) OF THE WYLIE CODE OF ORDINANCES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie. Texas (``City Council') has ,-{Deleted:Frisco investigated and determined that it would be advantageous and beneficial to the citizens of the I City of Wylie, Texas(``Wylie")to repeal Wylie Ordinance No. 2001-53:and -(Deleted:Frisco Deleted:Frisco WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to amend Wylie Ordinance No. 2003-15, Section 5 (Fire Administration Fees), Chapter 46, Articles III(Fire Code)and IV(Fireworks)of the Wylie Code of Ordinances and Chapter 70, Article II (Manufactured Home Parks) of the Wylie Code of Ordinances:and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to adopt the 2003 Edition of the International Fire Code,with the amendments set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: -(Deleted:FRISCO SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Ordinance No. 2001-53 Repealed. Wylie Ordinance No. 2001-53 is hereby repealed. Such repeal shall not abate ally pending prosecution for violation of the repealed Ordinance No. 2001-53, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of Ordinance No. 2001-53. Ordinance-2004-22 ORDINANCE ADOPTING THE 2003 International FIRE CODE Page 1 SECTION 3: Adoption of the 2003 Interrrational Fire Code. The International Fire Code, copyrighted by the International Code Council, Inc. save and except the amendments set forth below, is hereby adopted as the fire code for Wylie,prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion in Wylie (the ``2003 International Fire Code"). The 2003 International Fire Code, save and except the amendments set forth herein, is made a part of this Ordinance as if fully set forth herein. Three (3) copies of the 2003 International Fire Code, copyrighted by the International Code Council, Inc. are on file in the office of the City Secretary of Wylie being marked and designated as the 2003 International Fire Code. SECTION 4: Amendment to the 2003 International Fire Code. The 2003 International Fire Code is hereby amended as follows: Section 102.4;change to read as follows: 102.4 Application of other codes. The design and construction of new structures shall comply with this code, and other codes as applicable. Repairs, alterations and additions to existing structures shall comply with this code and the International Building Code. Section 102.6;change to read as follows: 102.6 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 45 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between the provisions of this code and the referenced standards,the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well.Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. Section 202;change definition of"Fire Watch"as follows: FIRE WATCH. A temporary measure intended to ensure continuous and systematic surveillance of a building or portion thereof by one or more qualified individuals or standby personnel when required by the fire code official, for the purposes of identifying and controlling fire hazards, detecting early signs of unwanted fire, raising an alarm of fire and notifying the fire department. Ordinance-2004-22 ORDINANCE ADOPTING THE 2003 International FIRE CODE Page 2 Section 202;add definitions as follows: HIGH-RISE BUILDING. A building having any floors used for human occupancy located more than 55 feet(16 764 mm)above the lowest level of fire department vehicle access. SELF-SERVICE STORAGE FACILITY. Real property designed and used for the purpose of renting or leasing individual storage spaces to customers for the purpose of storing and removing personal property on a self-service basis. STANDBY PERSONNEL. Qualified fire service personnel, approved by the Fire Chief. When utilized,the number required shall be as directed by the Fire Chief. Charges for utilization shall be as normally calculated by the jurisdiction. Section 307.2;change to read as follows: 307.2 Permit required. A permit shall be obtained from the fire code official in accordance with Section 105.6 prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, or open burning. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled. Examples of state or local law, or regulations referenced elsewhere in this section may include but not be limited to the following: 1. Texas Commission on Environmental Quality guidelines and/or restrictions. 2. State, County or Local temporary or permanent bans on open burning. 3. Local written policies as established by the Code Official. Section 307.3;change to read as follows: 307.3 Location. The location for open burning shall not be less than 300 feet (91 440 mm) from any structure, and provisions shall be made to prevent the fire from spreading to within 300 feet(91 440 mm) of any structure. (exceptions unchanged) Add Section 307.3.3 to read as follows: 307.3.3 Trench Burns. Trench burns shall be conducted in air curtain trenches and in accordance with Section 307.2. Ordinance-2004-22 ORDINANCE ADOPTING THE 2003 International FIRE CODE Page 3 Section 307.4;change to read as follows: 307.4 Attendance. Open burning, trench burns, bonfires or recreational fires shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with Section 906 with a minimum 4-A rating or other approved on-site fire-extinguishing equipment, such as dirt, sand,water barrel, garden hose or water truck,shall be available for immediate utilization. Section 308.3.1;change to read as follows: 308.3.1 Open-flame cooking devices. Charcoal burners and other open-flame cooking devices shall not be operated or located on combustible balconies or within 10 feet (3048 mm) of combustible construction. Exceptions: 1. One-and two-family dwellings. 2. Where buildings, balconies and decks are protected by an approved automatic sprinkler system. Section 308.3.1.1;change to read as follows: 308.3.1.1 Liquefied-petroleum-gas-fueled cooking devices. When permitted as listed in the exceptions of Section 308.3.1, LP-gas burners having an LP-gas container with a water capacity greater than 2.5 pounds [nominal 1 pound (0.454 kg) LP-gas capacity] shall not be located on combustible balconies or within 10 feet(3048 mm)of combustible construction. Exception: One- and two-family dwellings, and other residential occupancies when those residential occupancies are in compliance with Section 308.3.1, exception #2, may have containers with a water capacity not greater than 25 gallons[nominal 1 pound (0.454 kg) LP-gas capacity]. Section 405.1;change to read as follows: 405.1 General. Emergency evacuation drills complying with the provisions of this section shall be conducted in the occupancies listed in Table 405.2 or when required by the fire code official. Drills shall be designed in cooperation with the local authorities. Section 408.5.4;change to read as follows: 408.5.4 Drill frequency. Emergency evacuation drills shall be conducted at least twelve times per year, four times per year on each shift. Ordinance-2004-22 ORDINANCE ADOPTING THE 2003 International FIRE CODE Page 4 Section 503.1.1;add the following sentence to the end of the first paragraph: Except for single- or two-family residences, the path of measurement shall be along a minimum of a ten feet(10')wide unobstructed pathway around the external walls of the structure. Section 503.2.1;change to read as follows: 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet (7315mm), except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 14 feet(4267 mm). Exception: Vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance when approved. Section 503.2.2;change to read as follows: 503.2.2 Authority. The fire code official shall have the authority to require an increase in the minimum access widths and vertical clearances where they are inadequate for fire or rescue operations. Section 503.3;change to read as follows: 503.3 Marking. Approved striping or, when allowed by the code official, signs, or both, shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Signs shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. (1) Striping—Fire apparatus access roads shall be marked by painted lines of red traffic paint six inches (6") in width to show the boundaries of the lane. The words"NO PARKING FIRE LANE" or "FIRE LANE NO PARKING" shall appear in four inch (4")white letters at 25 feet intervals on the red border markings along both sides of the fire lanes. Where a curb is available, the stripping shall be on the vertical face of the curb. (2)Signs—Signs shall read"NO PARKING FIRE LANE"or"FIRE LANE NO PARKING"and shall be 12"wide and 18"high. Signs shall be painted on a white background with letters and borders in red, using not less than 2"lettering. Signs shall be permanently affixed to a stationary post and the bottom of the sign shall be six feet, six inches (6'6") above finished grade. Signs shall be spaced not more than fifty feet (50') apart. Signs may be installed on permanent buildings or walls or as approved by the Fire Chief. Section 503.4;change to read as follows: 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances Ordinance-2004-22 ORDINANCE ADOPTING THE 2003 International FIRE CODE Page 5 established in Section 503.2.1 and any area marked as a fire lane as described in Section 503.3 shall be maintained at all times. Section 704.1;change to read as follows: 704.1 Enclosure. Interior vertical shafts, including but not limited to stairways, elevator hoistways, service and utility shafts, that connect two or more stories of a building shall be enclosed or protected in accordance with the codes in effect at the time of construction but, regardless of when constructed, not less than as specified in Table 704.1. When openings are required to be protected, openings into such shafts shall be maintained self-closing or automatic-closing by smoke detection. Existing fusible-link-type automatic door-closing devices are permitted if the fusible link rating does not exceed 135°F(57°C). Section 803.3.2 and Section 803.4.2;add an exception to read as follows: Exception: Corridors protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 shall be limited to 50 percent of the wall area. Section 804.1.1;number the existing exception as 1.and add a second exception to read as follows: Exceptions: 1. Trees located in areas protected by approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 shall not be prohibited in Groups A, E, M, R-1 and R-2. 2. Trees shall not be prohibited inside private dwelling units of Group R-2 Occupancies. Section 901.7;change to read as follows: 901.7 Systems out of service. Where a required fire protection system is out of service or in the event of an excessive number of activations, the fire department and the code official shall be notified immediately and, where required by the code official, the building shall either be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shut down until the fire protection system has been returned to service. Section 902.1;in definition of"Standpipe, Types of", under"Manual dry"amend by adding a sentence to the end of"manual Dry"to read as follows: The system must be supervised as specified in Section 905.2. Ordinance-2004-22 ORDINANCE ADOPTING THE 2003 International FIRE CODE Page 6 Section 903.2;amended to delete the exception. Add Section 903.2.8.3 to read as follows: 903.2.8.3 Self-service storage facility. An automatic sprinkler system shall be installed throughout all self-service storage facilities. Exception: One-story self-service storage facilities that have no interior corridors, with a one- hour fire barrier separation wall installed between every storage compartment. Section 903.2.10;amend 903.2.10.3 and add 903.2.10.4,903.2.10.5,and 903.2.10.6 as follows: 903.2.10.3 Buildings more than 35 feet in height. An automatic sprinkler system shall be installed throughout buildings with a floor level, other than penthouses in compliance with Section 1509 of the International Building Code, that is located 35 feet (10 668mm) or more above the lowest level of fire department vehicle access. Exception: Open parking structures in compliance with Section 406.3 of the International Building Code. 903.2.10.4 High-Piled Combustible Storage. For any building with a clear height exceeding 12 feet (4572 mm),see Chapter 23 to determine if those provisions apply. 903.2.10.5 Spray Booths and Rooms. New and existing spray booths and spraying rooms shall be protected by an approved automatic fire-extinguishing system. 903.2.10.6 Buildings Over 12,000 sq.ft. An automatic sprinkler system shall be installed throughout all buildings with a building area over 12,000 sq.ft. For the purpose of this provision, fire walls shall not define separate buildings. Exceptions: 1. Open parking garages in compliance with Section 406.3 of the International Building Code. 2. Type A-5. Section 903.3.1.1.1;change to read as follows: 903.3.1.1.1 Exempt locations. When approved by the code official, automatic sprinklers shall not be required in the following rooms or areas where such rooms or areas are protected with an approved automatic fire detection system in accordance with Section 907.2 that will respond to visible or invisible particles of combustion. Sprinklers shall not be omitted from any room merely because it is damp, of fire- resistance-rated construction or contains electrical equipment. Ordinance-2004-22 ORDINANCE ADOPTING THE 2003 International FIRE CODE Page 7 1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents,when approved by the code official. 3. Generator and transformer rooms, under the direct control of a public utility,_separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire- resistance rating of not less than 2 hours. Section 903.3.5;add a second paragraph to read as follows: Water supply as required for such systems shall be provided in conformance with the supply requirements of the respective standards; however, every fire protection system shall be designed with a 10 psi safety factor. Section 903.4;add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. Add Section 903.6.2 to read as follows: 903.6.2 Spray booths and rooms. New and existing spray booths and spray rooms shall be protected by an approved automatic fire-extinguishing system in accordance with Section 1504. Section 905.2;change to read as follows: 905.2 Installation standards. Standpipe systems shall be installed in accordance with this section and NFPA 14. Manual dry standpipe systems shall be supervised with a minimum of 10 psig and a maximum of 40 psig air pressure with a high/low alarm. Section 905.3.2;delete exceptions#1 and#2. Section 905.4,item#5;amend to read as follows: 5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3-percent slope), each standpipe shall be provided with a two-way hose connection located either on the roof or at the Ordinance-2004-22 ORDINANCE ADOPTING THE 2003 International FIRE CODE Page 8 highest landing of stairways with stair access to the roof. An additional hose connection shall be provided at the top of the most hydraulically remote standpipe for testing purposes. Section 905.9;add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. Add Section 907.1.3 to read as follows: 907.1.3 Design Standards. All alarm systems new or replacement serving 50 or more alarm actuating devices shall be addressable fire detection systems. Alarm systems serving more than 75 smoke detectors or more than 200 total alarm activating devices shall be analog intelligent addressable fire detection systems. Exception: Existing systems need not comply unless the total building remodel or expansion initiated after the effective date of this code, as adopted, exceeds 30% of the building. When cumulative building remodel or expansion exceeds 50% of the building must comply within 18 months of permit application. Section 907.2.3;change to read as follows: 907.2.3 Group E. A manual fire alarm system shall be installed in Group E educational occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system. An approved smoke detection system shall be installed in Group E day care occupancies. Unless separated by a minimum of 100' open space, all buildings, whether portable buildings or the main building, will be considered one building for alarm occupant load consideration and interconnection of alarm systems. Section 907.2.3;change exception#1 and add exception#1.1 to read as follows: 1. Group E educational and day care occupancies with an occupant load of less than 50 when provided with an approved automatic sprinkler system. 1.1. Residential In-Home day care with not more than 12 children may use interconnected single station detectors in all habitable rooms. (For care of more than five children 2 1/2 or less years of age, see Section 907.2.6.) Section 907.2.12;change to read as follows: 907.2.12 High-rise buildings. Buildings having any floors used for human occupancy located more than 55 feet(16 764 mm) above the lowest level of fire department vehicle access shall be provided with an automatic fire alarm system and an emergency voice/alarm communications system in accordance with Ordinance-2004-22 ORDINANCE ADOPTING THE 2003 International FIRE CODE Page 9 Section 907.2.12.2 Section 907.2.12,exception#3;change to read as follows: 3. Buildings with an occupancy in Group A-5 in accordance with Section 303.1 of the International Building Code,when used for open air seating; however,this exception does not apply to accessory uses including but not limited to sky boxes, restaurants and similarly enclosed areas. Section 907.4;add a second paragraph to read as follows: Manual alarm actuating devices shall be an approved double action type. Add Section 907.6.1 to read as follows: 907.6.1 Installation. All fire alarm systems shall be installed in such a manner that the failure of any single alarm-actuating or alarm-indicating device will not interfere with the normal operation of any other such devices. All systems shall be Class"A"wired with a minimum of six feet separation between supply and return loops. IDC—Class"A"style—D—SLC Class"A"Style 6—notification Class"B"Style Y. Section 907.9.2;change to read as follows: 907.9.2 High-rise buildings. In buildings that have any floor located more than 75 feet (22 860 mm) above the lowest level of fire department vehicle access that are occupied for human occupancy, a separate zone by floor shall be provided for all of the following types of alarm-initiating devices where provided: 1. Smoke detectors. 2. Sprinkler water-flow devices. 3. Manual fire alarm boxes. 4. Other approved types of automatic fire detection devices or suppression systems. Section 1008.1.3.4;change to add criteria#7 as follows: 7. If a full building smoke detection system is not provided, approved smoke detectors shall be provided on both the access and egress sides of doors and in a location approved by the authority having jurisdiction of NFPA 72. Actuation of a smoke detector shall automatically unlock the door. Section 1016.1;change to add an exception#5 to read as follows: 5. In Group B office buildings, corridor walls and ceilings need not be of fire-resistive construction within office spaces of a single tenant when the space is equipped with an approved automatic smoke-detection system within the corridor. The actuation of any detector shall activate alarms audible in all areas served by the corridor. The smoke-detection system shall be connected to Ordinance-2004-22 ORDINANCE ADOPTING THE 2003 International FIRE CODE Page 10 the building's fire alarm system where such a system is provided. Section 1019.1.8;change to read as follows: 1019.1.8 Smokeproof enclosures. In buildings required to comply with Section 403 or 405, each of the exits of a building that serves stories where any floor surface is located more than 55 feet(16 764 mm) above the lowest level of fire department vehicle access or more than 30 feet(9144 mm)below the level of exit discharge serving such floor levels shall be a smokeproof enclosure or pressurized stairway in accordance with Section 909.20 of the International Building Code. Section 1504.6;change to read as follows: 1504.6 Fire Protection. New and existing spray booths and spray rooms shall be protected by an approved automatic fire-extinguishing system ... [remainder of section unchanged)... Section 2302;change to add a second paragraph to the definition of"High-Piled Combustible Storage"to read as follows: Any building exceeding 6,000 sq.ft. that has a clear height in excess of 12 feet, making it possible to be used for storage in excess of 12 feet, shall be considered to be high-piled storage and shall comply with the provisions of this section. When a specific product cannot be identified, a fire protection system shall be installed as for Class IV commodities,to the maximum pile height. Add Section 2703.3.1.4.1 as follows: Section 2703.3.1.4.1 Cost Recovery. The City of Wylie is authorized to clean up, abate or mitigate the effects of any hazardous material deposited upon or into any property or facilities within the limits of the City of Wylie. Ally person causing deposit or failing to provide cleanup, abatement or proper mitigation of such deposits shall be liable for the payment of all costs incurred by the City of Wylie as a result of such cleanup, abatement or mitigation activity. The remedy provided by this section shall be in addition to ally other remedies provided by law. For the purposes of this section, costs incurred by the City of Wylie shall include, but shall not necessarily be limited to, the following: actual labor costs of city personnel, including, without limitation, workers' compensation benefits, fringe benefits, administrative overhead: costs of equipment operation: costs of materials obtained directly by the City of Wylie:and cost of any contract labor and materials. Section 3301.1.3;change to read as follows: 3301.1.3 Fireworks. The possession, manufacture, storage, sale, handling, assembling, transporting, receiving, keeping, offering and use of fireworks are prohibited. Ordinance-2004-22 ORDINANCE ADOPTING THE 2003 International FIRE CODE Page 11 Exception: Only when approved for public fireworks displays, storage and handling of fireworks as provided in Section 3304 and 3308 and Chapter 46,Article IV of the Wylie Code of Ordinances. Section 3302.1;change the definition of"fireworks"to read as follows: FIREWORKS. Any composition or device for the purpose of producing a visible or an audible effect for entertainment purposes by combustion, deflagration, detonation, and/or activated by ignition with a match or other heat producing device that meets the definition of 1.4G fireworks or 1.3G fireworks as set forth herein. Section 3308.1;change to read as follows: 3308.1 General. The display of fireworks is prohibited, except as allowed by Chapter 46,Article IV, Section 46-117 of the Wylie Code of Ordinances. Section 3403.6;add a second sentence to read as follows: An approved method of secondary containment shall be provided for underground tank and piping systems. Section 3404.2.11.5;add a second sentence to read as follows: An approved method of secondary containment shall be provided for underground tank and piping systems. Section 3404.2.11.5.2;change to read as follows: 3404.2.11.5.2 Leak detection. Underground storage tank systems shall be provided with an approved method of leak detection from any component of the system that is designed and installed in accordance with NFPA 30 and as specified in Section 3404.2.11.5.3. Add Section 3404.2.11.5.3 to read as follows: 3404.2.11.5.3 Dry sumps. Approved sampling tubes of a minimum 6 inches in diameter shall be installed in the backfill material of each underground flammable or combustible liquid storage tank. The tubes shall extend from a point 12 inches below the average grade of the excavation to ground level and shall be provided with suitable surface access caps. Each tank site shall provide a sampling sump at the corners of the excavation with a minimum of 4 sumps. Sampling tubes shall be placed in the product line excavation within 10 feet of the tank excavation and one every 50 feet routed along product lines towards the dispensers, a minimum of two are required. Ordinance-2004-22 ORDINANCE ADOPTING THE 2003 International FIRE CODE Page 12 Delete Section 3406.5.4.5 and replace with the following: 3406.5.4.5 Commercial, industrial, governmental or manufacturing. Dispensing of Class II and Ill motor vehicle fuel from tank vehicles into the fuel tanks of motor vehicles located at commercial, industrial, governmental or manufacturing establishments is allowed where permitted, provided such dispensing operations are conducted in accordance with Sections 3406.5.4.5.1 through 3406.5.4.5.3. 3406.5.4.5.1 Site requirements. 1. Dispensing may occur at sites that have been permitted to conduct mobile fueling. 2. A detailed site plan shall be submitted with each application for a permit. The site plan must indicate: a. all buildings,structures, and appurtenances on site and their use or function; b. all uses adjacent to the property lines of the site; c. the locations of all storm drain openings, adjacent waterways or wetlands; d. information regarding slope, natural drainage, curbing, impounding and how a spill will be retained upon the site property; and, e. The scale of the site plan. 3. The Code Official is authorized to impose limits upon: the times and/or days during which mobile fueling operations are allowed to take place and specific locations on a site where fueling is permitted. 4. Mobile fueling operations shall be conducted in areas not generally accessible to the public. 5. Mobile fueling shall not take place within 15 feet(4.572 m)of buildings, property lines, or combustible storage. 3406.5.4.5.2 Refueling Operator Requirements. 1. The owner of a mobile fueling operations shall provide to the jurisdiction a written response plan which demonstrates readiness to respond to a fuel spill, carry out appropriate mitigation measures, and to indicate its process to properly dispose of contaminated materials when circumstances require. 2. The tank vehicle shall comply with the requirements of NFPA 385 and Local, State and Federal requirements. The tank vehicle's specific functions shall include that of supplying fuel to motor vehicle fuel tanks. The vehicle and all its equipment shall be maintained in good repair. 3. Signs prohibiting smoking or open flames within 25 feet (7.62 m) of the tank vehicle or the point of fueling shall be prominently posted on 3 sides of the vehicle including the back and both sides. 4. A fire extinguisher with a minimum rating of 40:BC shall be provided on the vehicle with signage clearly indicating its location. 5. The dispensing nozzles and hoses shall be of an approved and listed type. 6. The dispensing hose shall not be extended from the reel more than 100 feet(30.48m)in length. 7. Absorbent materials, non-water absorbent pads, a 10 foot (3.048 m) long containment boom, an approved container with lid, and a non-metallic shovel shall be provided to mitigate a minimum 5- gallon fuel spill. 8. Tanker vehicles shall be equipped with a fuel limit switch such as a count-back switch, limiting the amount of a single fueling operation to a maximum of 500 gallons(1893 L)between resettings of the limit switch. Exception: Tankers utilizing remote emergency shut-off device capability where the operator Ordinance-2004-22 ORDINANCE ADOPTING THE 2003 International FIRE CODE Page 13 constantly carries the shut-off device which,when activated, immediately causes flow of fuel from the tanker to cease. 9. Persons responsible for dispensing operations shall be trained in the appropriate mitigating actions in the event of a fire, leak, or spill. Training records shall be maintained by the dispensing company and shall be made available to the Code Official upon request. 10. Operators of tank vehicles used for mobile fueling operations shall have in their possession at all times an emergency communications device to notify the proper authorities in the event of an emergency. 3406.5.4.5.3 Operational Requirements. 1. The tank vehicle dispensing equipment shall be constantly attended and operated only by designated personnel who are trained to handle and dispense motor fuels. 2. Prior to beginning dispensing operations, precautions shall be taken to assure ignition sources are not present. 3. The engines of vehicles being fueled shall be shut off during dispensing operations. 4. Night time fueling operations shall only take place in adequately lighted areas. 5. The tank vehicle shall be positioned with respect to vehicles being fueled so as to preclude traffic from driving over the delivery hose and between the tank vehicle and the motor vehicle being fueled. 6. During fueling operations, tank vehicle brakes shall be set, chock blocks shall be in place and warning lights shall be in operation. 7. Motor vehicle fuel tanks shall not be topped off. 8. The dispensing hose shall be properly placed on an approved reel or in an approved compartment prior to moving the tank vehicle. 9. The Code Official and other appropriate authorities shall be notified when a reportable spill or unauthorized discharge occurs. Add Section 3803.2.1.8 to read as follows: 3803.2.1.8 Jewelry Repair, Dental Labs and Similar Occupancies. Where natural gas service is not available, portable LP-Gas containers are allowed to be used to supply approved torch assemblies or similar appliances. Such containers shall not exceed 20-pound (9.0 kg) water capacity. Aggregate capacity shall not exceed 60-pound (27.2 kg)water capacity. Each device shall be separated from other containers by a distance of not less than 20 feet. Section 3804.2;add an exception#2 and#3 to read as follows: 3804.2 Maximum capacity within established limits. Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, the aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons (7570 L) (see Section 3 of the Sample Ordinance for Adoption of the International Fire Code on page v) Exceptions: 1. In particular installations, this capacity limit shall be determined by the fire code official, after consideration of special features such as topographical conditions, nature of occupancy, and proximity to buildings, capacity of proposed containers, degree of fire protection to be provided and capabilities of the local fire department. Ordinance-2004-22 ORDINANCE ADOPTING THE 2003 International FIRE CODE Page 14 2. Except as permitted in 308.3, 3804.3.2 and exception #3 below, LP-gas containers greater than 25 gallons are not permitted in residential areas. 3. LP-gas containers greater than 60 gallons are not permitted in MH Districts(mobile and manufactured housing), as defined by zoning codes. Appendix D,Fire Apparatus Access Roads,is amended as follows: D103.1 Access Roads with a Hydrant and Figure D103.1 Dead-end Fire Apparatus Access Road Turnaround. Each reference to"26 feet"or"26' "are changed to be"24 feet"or"24' " respectively. The reference to"(7925 mm)"is changed to be"(7315 mm)". Table D103.4 Requirements for Dead-end Fire Apparatus Access Roads. Each reference to 20 feet contained in the width column is changed to 24 feet. D103.5 Fire Apparatus Access Road Gates. #1 is amended to read: "1. The minimum gate width shall be 24 feet(7315 mm)." Appendices A and C:delete in their entirety General Provision: To the extent there is any conflict between the International Fire Code and the City of Wylie Water and Sanitary Sewer Design Manual,as amended,the Provisions in the Water and Sanitary Sewer Design Manual shall control. SECTION 5: Amendment to Chapter 46, Article IV. (Fireworks) of the Wylie Code of Ordinances. Chapter 46,Article IV. (Fireworks)of the Wylie Code of Ordinances is amended as follows: A. The definition of"Fireworks" contained in Section 46-116 shall read as follows: Fireworks shall have the same meaning as set forth in Section 3302.1 of the International Fire Code as amended by local ordinance. B. Section 46-117 is changed to add the following: (c) Subsection 46-117(a) shall not apply to the use of fireworks for a public display if a permit has been provided by the Fire Marshall or his/her designee, in accordance with Section 3308 of the International Fire Code, as amended, and proof of liability insurance covering the event in the amount of one million dollars ($1,000,000.00)per occurrence. Ordinance-2004-22 ORDINANCE ADOPTING THE 2003 International FIRE CODE Page 15 SECTION 6: Amendment to Chapter 46, Article III. (Fire Code) of the Wylie Code of Ordinances. Chapter 46, Article III. (Fire Code)of the Wylie Code of Ordinances is amended as follows: A. Section 46-76 is amended to change the reference to ``Uniform Fire Code" to ``International Fire Code". B. Section 46-77 (Adoption of Uniform Fire Code) is hereby amended to read as follows: Section 46-77.Adoption of International Fire Code. The International Fire Code, 2003 Edition, and local amendments thereto, was adopted by Ordinance No. C. Section 46-78 (Amendments of Uniform Fire Code) is amended to read as follows: Section 46-78. Reserved. D. The heading and subsection (a) of Section 46-79 (Establishment and duties of bureau if fire prevention)are amended as follows: Section 46-79. Inspectors. (a) The International Fire Code shall be enforced. SECTION 7: Amendment to Wylie Ordinance No. 2003-15, Section 5 (Fire Administration Fees. Section 5 of Wylie Ordinance No. 2003-15 setting forth Fire Administration Fees is hereby amended to read as follows: FIRE ADMINISTRATION FEES (a) After Hour Inspections(Inspections done other than between 8:00 a.m. and 5:00 p.m.) $100.00 (b) Back-flow Prevention Permit $10.00 (c) Fire Lane Enforcement $65.00 per occurrence (d) Burn Permits(in City limits and ETJ)—re-inspection $25.00 (e) Trench Burns $500 initial&$100 per re-inspection (f) Plan Reviews 1-100,000 square feet $0.02 per square foot $2,000.00 for the first 100,000 square feet 100,001-300,000 square feet plus$0.017 for each additional square foot $5,400.00 for the first 300,001 square feet 300,001 +square feet plus$0.01 for each additional square foot Ordinance-2004-22 ORDINANCE ADOPTING THE 2003 International FIRE CODE Page 16 $250.00(permit fee includes the five inspections required to receive the permit, (g) Fire Sprinkler Permit plus one re-inspection at no charge, if needed) $150.00(permit fee includes the two inspections required to receive the permit, (h) Fire Alarm Permit plus one re-inspection at no charge, if needed) $100.00(fee will be waived if the Contractor (i) Annual Contractor Registration (residential and has paid a registration fee to Building commercial) Inspections (j) Fire Plan Zoning(DIRT fees) $50.00 $25.00(includes primary inspection and one (k) Certificate of Occupancy Inspection re-inspection at no charge, if needed) (I) Commercial Re-inspections(after the first free re- inspection, if any) $75.00 (m) Hydrant Flow Testing Permit $50.00 (n) Dispensing of Class II or III motor vehicle fuel from tank vehicles into fuel tanks of motor vehicles located at commercial, industrial, governmental or manufacturing establishments. $250.00 SECTION 8: Amendment to Chapter 70, Article II. (Manufactured Home Parks) of the Wylie Code of Ordinances. Chapter 70, Article II. (Manufactured Home Parks) of the Wylie Code of Ordinances is amended as follows: A. Section 70-41 is amended to add subsection(c) as follows: (c) To the extent there is ally conflict between this Section 70-41 and the International Fire Code, as amended, adopted by ordinance, this Section shall control. B. To the extent there is any conflict between existing Section 70-42 and the City of Wylie Water and Sanitary Sewer Design Manual, as amended, the provisions of the Water and Sanitary Sewer Design Mammal shall prevail. SECTION 9: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict: but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Ally remaining portion of conflicting ordinances shall remain in full force and effect. SECTION 10: Penalty Provision. Ally person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of TWO THOUSAND AND NO/100 DOLLARS Ordinance-2004-22 ORDINANCE ADOPTING THE 2003 International FIRE CODE Page 17 ($2,000.00). Each continuing days violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 11: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses,and phrases be declared unconstitutional. SECTION 12: Effective Date. This Ordinance shall become effective upon its passage and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ,WYLIE,TEXAS,on this 8th day of June, 2004. ;Deleted:FRISCO John Mondy,Mayor ATTES 1'ED AND CORRECTLY RECORDED: Carole Ehrlich City Secretary Date(s)of Publication:6-16-04 in the Wylie News. Ordinance 42004-22 ORDINANCE ADOPTING THE 2003 International FIRE CODE Page 18