07-13-2004 (City Council) Agenda Packet NOTICE OF MEETING
WYLIE CITY COUNCIL AGENDA
TUESDAY, JULY 13, 2004
6:00 p.m.
Wylie Municipal Complex—Council Chambers/Council Conference Room
2000 State Highway 78 North
Wylie, Texas 75098
CALL ORDER
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from the Consent Agenda and will be::co idered:separately
A. Approval of the Minutes from the Special Called Meetings of June 17, 2004 and June 18, 2004 and
the Regular Meeting of June 22, 2004.
NDIIDUAL C01SIDA`I' ( N
Public Hearing
1. Hold a Public Hearing and act upon a change in zoning from Agriculture (A) to Neighborhood
Services (NS) on Tract 1 and from Agriculture(A)to Single-Family Residential (SF-1A/26) on Tract
2. Subject property being all of a certain 14.7697 acre tract of land generally located east of Troy
Road and north of County Line Road, being a part of a tract deeded to Ishmael Leon Whitsell and
wife as recorded in Volume 44, Page 204 of the Deed Records of Rockwall County, Texas and being
a part of a tract conveyed to Lola M. Kinser as recorded in Volume 40, Page 591 of the Records of
Rockwall County, Texas, and being situated in the L.B. Outlaw Survey, Abstract No. 173, City of
Wylie, Rockwall County, Texas (Zoning Case 2004-11) WITHDRAWN
Executive Summary
The applicant and property owner have requested that this application be withdrawn and not considered for action.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. Hold a
Public Hearing and accept the withdrawal and take no further action on the requested rezoning.
Tabled Item from 6-22-04
2. Consider and act upon a Final Plat for the Creekside Estates Phase 3 Addition. Subject property
being all of a certain 38.173 acre tract of land generally located east of McCreary Road and
Creekside Estates Phase 2 Addition and north of McMillen Road and Creekside Estates Phase 2
Addition, being a part of that tract of land described in a deed to Campbell/Wylie Partners recorded
in Volume 4137, Page 1120,Deed Records of Collin County, Texas and being situated in the John H.
Mitchell Survey, Abstract No. 589 and the L.M. Marshall Survey, Abstract No. 594, City of Wylie,
Collin County, Texas. Tabled from June 22, 2004 Council meeting.
Executive Summary
With the approval of the applicant, Gary DeFrain, the Final Plat for Creekside Estates Phase 3 was tabled at the June 22,
2004 City Council meeting in order to allow discussion concerning the provision of emergency sirens required by the Fire
Department. Responsibility for the siren has not yet been determined. Staff concludes that the Plat complies with all other
requirements of the code, and recommends that it be removed from the table and approved. By State law a plat is
considered approved by the municipal authority unless it is disapproved within 30 days of the date of submittal.
3. Consider and act upon authorizing the City Manager to execute and award additional services to
Bucher, Willis & Ratliff, Corp., in the amount of $24,950 for engineering services related to the
design of paving and utility improvements along SH 78 from Eubanks to Spring Creek Pkwy and
traffic signalization at Spring Creek Pkwy.
Executive Summary
Construction plans have been completed by Bucher, Willis & Ratliff, Corp. (BWR) for the extension of SH 78 from
Eubanks to Spring Creek Parkway. TxDOT has approved the plans and the City has executed the Local Project Advance
Funding Agreement and submitted payment to TxDOT for the construction of the roadway. The plan review process with
TxDOT includes a 65% and 90% submittal to incorporate any design changes and to address any comments they might
have. Typically after the 90%plan review, no changes are made to the plans and they are finalized for bidding,however,
TxDOT had two major revisions to the storm sewer system after the final review. Also, due to the lead time for the
permanent signal poles and to meet the opening date for Wal-Mart,temporary signals were added to the construction plans
which were not in the original scope of services. BWR is requesting compensation for the additional labor expenses that
were necessary to complete the requested changes by TxDOT.
4. Consider and act upon a request from Blackland Prairie Playground Foundation to extend the
fundraising and build time for the proposed playground at Founders' Park, set by City Council,
from October of 2004 to the spring of 2005.
Executive Summary
The Blackland Prairie Foundation is a local organisation committed to the construction of a community built playground
at Founders Park. Last fall, the City Council approved making one acre of land at Founders Park available to the
Foundation as a site for their project. Council gave the Foundation one year to raise the necessary funds. To date, the
Foundation has received approximately $31,000 in donations and pledges. The Foundation estimates the cost of the
project to be approximately $175,000. The Blackland Prairie Foundation Coordinator for the Wylie Playground, Anne
Hiney, is requesting an extension for fundraising from October, 2004 to the spring of 2005. Ms. Hiney has attached her
request in writing and requested to be placed on the July 13, 2004 Council Agenda.
5. Consider and act upon a recommendation from the Parks and Recreation Board to name a proposed
playground at Founders Park.
Executive Summary
In April, the Foundation submitted a name to the Parks and Recreation Board for the future community-built playground
at Founders Park. The naming process involved the Foundation's submittal of a list of names to the Wylie I.S.D. for
elementary students in Wylie to vote on and choose their favorite name. The top three names chosen were Kids'
Adventure Playground, Pirate Cove Playground, and Pirate Pride Playground. The winner was Pirate Cove Playground.
Per the Park Naming Policy, potential names must be approved by the Parks and Recreation Board and then submitted to
the City Council for approval. At the April 26, 2004 meeting, Parks and Recreation Board approved the name "Pirate
Cove Playground in Founders Park".
6. Consider and act upon the approval of Ordinance #2004-23 amending Section Nos. 106-141
(Definitions), 106-142 (Levied Rate), 106-143 (Collection and Reporting), and 106-145 (Use of Tax
Revenue) of the Wylie Code of Ordinances; Providing for Definitions, The Levy of a Hotel
Occupancy Tax, Collection and Reporting Regulations and the Use of Tax Funds Pursuant to
Chapter 351, Texas Tax Code.
Executive Summary
City Attorney,Richard Abernathy, staff and Municipal Code Corporation recently reviewed the Wylie Code of Ordinances
in an effort to update the Codes for the City of Wylie pursuant to the Home Rule Charter. In the recommendations sent to
the City, by Mr. Abernathy, it was suggested that the City raise the Occupancy Tax from its current rate of 4% to 7%
approved by the legislature under Chapter 351 of the Texas Tax Code. These collected funds are used for the purpose of
advertising the City of Wylie, encouraging tourism within the City and promoting Wylie in general. Staff recommends
approval of Ordinance#2004-23.
l TI' S ESSI
In accordance with Chapter 551,Government Code, Vernon's Texas Code Annotated(Open Meeting Act), Section 551.
§551071-Consultation with Attorney regarding a matter in which the duty of the City Attorney of the
Texas Disciplinary Rules of Civil Conduct conflicts with the Open Meetings Act regarding City Manager
contract.
...................................
551:074-Personnel Matters, Closed Meeting
• Deliberate the Appointment of the City Manager.
551072 Ileliberation Regarding Real Property,Closed Meeting
• Discussion of Alanis Acquisition
RE�I�N'��TE::INT�3£1P�N NIEE`l~IN�
Take any action as a result of the Executive Session.
WO SESSIO
• Budget Work Session
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 agenda. The Open Meetings Act provides specific exceptions that require that a meeting be
open. Should Council elect to convene into Execyg1 ssion, those exceptions will be specifically identified and announced. Any
subsequent action,as a result of this Executiv k ora, 193 t)cen and recorded in open session.
•
I certify that this Notice of Meeting w �kilstea•onthis•91i4 igJuly,2003 at 5:00 p.m. as required by law in accordance with
Section 551.042 of the Texas GoverntgefiVCod t t$e appropriate news media contacted. As a courtesy, this agenda is
also po ei to the Cijil ylie Websfte at olp lt.tx.tis _
L r�
Carole Ehrlich,City Secretary
Date Notice Removed
The Wylie Municipal Complex is Wheelchairs slitE,-§ interpretation or other special assistance for disabled attendees must be
requested 48 hours in advance by contacting the etty94efbary's office at 972/442-8100 or TD 972/442-8170.
WYLIE CITY COUNCIL
AGENDA ITEM NO. 1.
July 13, 2004
Issue
Hold a Public Hearing and act upon a change in zoning from Agriculture (A) to Neighborhood
Services(NS)on Tract 1 and from Agriculture(A)to Single-Family Residential(SF-1A/26)on Tract
2. Subject property being all of a certain 14.7697 acre tract of land generally located east of Troy
Road and north of County Line Road, being a part of a tract deeded to Ishmael Leon Whitsell and
wife as recorded in Volume 44,Page 204 of the Deed Records of Rockwall County, Texas and being
a part of a tract conveyed to Lola M. Kinser as recorded in Volume 40, Page 591 of the Records of
Rockwall County, Texas, and being situated in the L.B. Outlaw Survey, Abstract No. 173, City of
Wylie, Rockwall County, Texas (Zoning Case 2004-11) 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 June 15, 2004 meeting,the Planning and Zoning meeting,the Commission voted to accept 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.
July 13, 2004
Issue
Consider and act upon a Final Plat for the Creekside Estates Phase 3 Addition. Subject property
being all of a certain 38.173 acre tract of land generally located east of McCreary Road and Creekside
Estates Phase 2 Addition and north of McMillen Road and Creekside Estates Phase 2 Addition,being
a part of that tract of land described in a deed to Campbell/Wylie Partners recorded in Volume 4137,
Page 1120,Deed Records of Collin County, Texas and being situated in the John H. Mitchell Survey,
Abstract No. 589 and the L.M. Marshall Survey, Abstract No. 594, City of Wylie, Collin County,
Texas. Tabled from June 22, 2004 Council meeting.
Background
At the applicant's request,the City Council tabled the decision concerning this Plat at their June 22"a
meeting, pending Council providing direction to staff concerning the funding of emergency sirens.
The Final Plat for the Creekside Estates Phase 3 Addition includes 38.173 acres and will create 82
single-family residential lots and public park land.
The subject property was rezoned in 1999 to a Planned Development District (PD 99-32). The
original Creekside Estates Planned Development included a total of 327 acres of planned mixed uses
including approximately 805 detached single-family residential lots of varied sizes, 18 acres of multi-
family residential and 12 acres of commercial. The Development Plan of the approved PD also serves
as a Preliminary Plat for all phases of the development. Subsequently, two phases of single-family
residential lots have been approved and developed, creating a total of 373 lots as well as recreational
and environmental open spaces.
Section 212.005 of the Texas Local Government Code states that "the municipal authority
responsible for approving plats must approve a plat that satisfies all applicable regulations". Section
212.009(a) states that"the municipal authority responsible for approving plats shall act upon a plat
within 30 days after the date the plat is filed. A plat is considered approved by the municipal
authority unless it is disapproved with that time period".
Financial Considerations
Plat application fees—Paid
The applicant is aware that development impact fees must be paid prior to issuance of a building
permit on each lot.
Other Considerations
1. The Final Plat substantially conforms to the approved Development Plan, which serves as the
Preliminary Plat. The Plat also complies with the Subdivision Regulations and all other pertinent
code requirements of the City of Wylie.
2. The Fire Department has concluded that there is a need for an emergency warning siren in this or
the next phase of Creekside Estates, and has requested that this Plat not be approved until the
developer has agreed to funding of such a siren. The applicant contends that he will provide for
the siren but cannot be held responsible for its funding because it serves an area much larger than
the need created by his single subdivision.
3. The Conditions of the Planned Development District provide that the minimum size of lots in this
Phase shall be 8,500 square feet, and all lots exceed 8,800 square feet.
4. Alleys are provided for the smaller lots.
5. The park dedication requirements are to be satisfied by the combination of land and developer-
funded improvements.
Board/Commission Recommendations
On June 15, 2004, the Planning and Zoning Commission voted 5-0 to recommend approval of the
Final Plat.
Staff Recommendations
Approval.
Attachments
Final Plat
Prepared by Reviewed by Finance City Manager Approval
WYLIE CITY COUNCIL
AGENDA ITEM NO. 3.
July 13, 2004
Issue
Consider and act upon authorizing the City Manager to execute and award additional services to
Bucher, Willis & Ratliff, Corp., in the amount of$24,950 for engineering services related to the
design of paving and utility improvements along SH 78 from Eubanks to Spring Creek Pkwy and
traffic signalization at Spring Creek Pkwy..
Background
Construction plans have been completed by Bucher, Willis&Ratliff, Corp. (BWR)for the extension of
SH 78 from Eubanks to Spring Creek Parkway. TxDOT has approved the plans and the City has
executed the Local Project Advance Funding Agreement and submitted payment to TxDOT for the
construction of the roadway. The plan review process with TxDOT includes a 65%and 90% submittal
to incorporate any design changes and to address any comments they might have. Typically after the
90%plan review, no changes are made to the plans and they are finalized for bidding, however, TxDOT
had two major revisions to the storm sewer system after the final review. Also, due to the lead time for
the permanent signal poles and to meet the opening date for Wal-Mart,temporary signals were added to
the construction plans which were not in the original scope of services. BWR is requesting
compensation for the additional labor expenses that were necessary to complete the requested changes
by TxDOT.
A summary of the additional services is shown below:
Prepare Cad drawing of the intersection transitions $950
Prepare Cad drawing of transition at Eubanks $650
Prepare Engineering and TxDOT coordination for Temporary Signals $5,150
Revise horiz. &vert. control on plans after 65% approval by TxDOT $4,350
Revise Storm Drain System twice per TxDOT after 90% approval $8,250
Add rt. turn bay at Spring Creek Pkwy. $1,400
Perform real time traffic counts for Wal-Mart signal warrant $1,900
Revise traffic warrant study $1,800
Translate design files for Site Conc. $500
TOTAL $24,950
Financial Considerations
$15,000 will be used from engineering/architectural services and special services in the engineering
department budget. The remaining $9,950 will be used from interest earned on the 1999 Street Bonds.
The revised engineering amount is 6.67%of construction cost for the project. As a reference,the Alanis
engineering fee is 11.2% of construction cost and the Kirby/Stone project was approximately 10% of
construction cost.
Other Considerations
N/A
Board/Commission Recommendations
N/A
Staff Recommendations
Authorize the City Manager to execute and award additional services to Bucher,Willis&Ratliff,Corp.,
in the amount of $24,950 for engineering services related to the design of paving and utility
improvements along SH 78 from Eubanks to Spring Creek Pkwy and traffic signalization at Spring Creek
Pkwy.
Attachments
Request for additional services from Bucher, Willis &Ratliff, Corp.
Prepared by Reviewed by Finance City Manager Approval
WYLIE CITY COUNCIL
AGENDA ITEM NO. 4.
July 13, 2004
Issue
Consider and act upon a request from Blackland Prairie Playground Foundation to extend the
fundraising and build time for the proposed playground at Founders' Park, set by City
Council, from October of 2004 to the spring of 2005.
Background
The Blackland Prairie Foundation is a local organization committed to the construction of a
community built playground at Founders Park. Last fall, the City Council approved making
one acre of land at Founders Park available to the Foundation as a site for their project.
Council gave the Foundation one year to raise the necessary funds. To date, the Foundation
has received approximately $31,000 in donations and pledges. The Foundation estimates
the cost of the project to be approximately $175,000. The Blackland Prairie Foundation
Coordinator for the Wylie Playground, Anne Hiney, is requesting an extension for
fundraising from October, 2004 to the spring of 2005. Ms. Hiney has attached her request
in writing and requested to be placed on the July 13, 2004 Council Agenda.
Other Considerations
N/A
Financial Consideration
N/A
Staff Recommendations
N/A
Attachments
Written request for extension of time from Anne Hiney.
Prepared by Reviewed by Finance City Manager Approval
Blackland Prairie Playground Foundation
Request to Wylie City Council
July 13, 2004
Our group is requesting an extension of time to continue fundraising for the playground
project.
We would like to reschedule the build for the spring of 2005 from fall of 2004.
To date our fundraising efforts have raised approx. $31,000 of the budgeted $160,000.
(The cement sidewalk surrounding the playground has been removed from the budget,
reducing it from$175,000.)
Attached are the current financial totals.
Blackland Prairie Playground Project
Checking Balance January 1, 2004 $ 1,790.77
INFLOWS
Corporate Donation 15,733.70
Individual Donation 8,946.00
Misc. Fundraiser 318.00
Tile and Picket Sales - Inc. 4,620.00
TOTAL INFLOWS $ 29,617.70
OUTFLOWS
Architect Fees $ 16,794.00
Mailing 57.29
Printing 345.00
Tile and Picket Sales - Exp 199.88
TOTAL OUTFLOWS $ 17,396.17
Checking Balance June 23, 2004 $ 14,012.30
WYLIE CITY COUNCIL
AGENDA ITEM NO. 5.
July 13, 2004
Issue
Consider and act upon a recommendation from the Parks and Recreation Board to
name a proposed playground at Founders Park.
Background
The Blackland Prairie Foundation is a local organization committed to the construction of a
community built playground at Founders Park. Last fall, the City Council approved making
one acre of land at Founders Park available to the Foundation as a site for their project.
Council gave the Foundation one year to raise the necessary funds. To date, the Foundation
has received approximately $31,000 in donations and pledges. The Foundation estimates
the cost of the project to be approximately $175,000.
In April, the Foundation submitted a name to the Parks and Recreation Board for the future
community-built playground at Founders Park. The naming process involved the
Foundation's submittal of a list of names to the Wylie I.S.D. for elementary students in
Wylie to vote on and choose their favorite name. The top three names chosen were Kids'
Adventure Playground, Pirate Cove Playground, and Pirate Pride Playground. The winner
was Pirate Cove Playground. Per the Park Naming Policy, potential names must be
approved by the Parks and Recreation Board and then submitted to the City Council for
approval. At the April 26, 2004 meeting, Parks and Recreation Board approved the name
"Pirate Cove Playground in Founders Park".
Staff then suggested that the Foundation consider including the name of one of the City's
founders in the name of the proposed playground to reflect the overall theme of Founders
Park. The Foundation considered including one of the following founders in the playground
name: Wylie's first town marshal, Hamilton Pate Howrey; Wylie's first resident doctor, Dr.
G. P. Maynard; and the founder of Wylie's first public school, William Lee. For the June
28, 2004 Parks and Recreation Board meeting, the Foundation requested that Hamilton
Howrey's name be incorporated into the proposed playground. After consideration, the
Parks and Recreation Board approved a motion to keep the original name selected, "Pirate
Cove Playground in Founders Park" as the one to be submitted to the City Council for
consideration and approval.
At the June 28, 2004 Parks and Recreation Board meeting the Board did consider a way to
address recognizing a founder in the playground's name. The Board recommended waiting
until Founders Park was built out and then installing a memorial or plaque at the site of the
playground recognizing one of the City's founders.
Other Considerations
Article VIII, Section 2 of the City Charter and Section 78-38 of the City Code identify the
duties of the Park Board to serve in an advisory capacity to the City Council on the planning
and development of parks and recreation facilities and the regulations governing their use.
Financial Consideration
N/A
Board/Commission Recommendations
The Parks and Recreation Board recommends approval of the name, "Pirate Cove
Playground in Founders Park" as the name for the proposed community built playground.
Staff Recommendations
N/A
Attachments
Park Naming Policy
Prepared by Reviewed by Finance City Manager Approval
CITY OF WYLIE PARKS AND RECREATION DEPARTMENT
PARK AND PARK FACILITY NAMING POLICY
POLICY ADMINISTRATION
1. The park and recreation board ("board"), will be responsible for
recommending a name for municipal parks and park facilities.
2. The board shall be responsible for research, study and recommendation
of a proposed name to the city council. Rationale for the recommended
name shall be given in writing and accompany the recommendation.
3. The recommended name will be forwarded to the city council for its
consideration and approval.
4. Municipal parks and park facilities shall be named immediately prior to or
during development, generally not later than 60 days after acquisition or
commencement of construction or at the earliest possible date.
5. A park name or park facility name may be changed no more frequently
than once every ten years.
II. GUIDELINES FOR NAMING MUNICIPAL PARKS AND PARK FACILITIES
1. Names of municipal parks and facilities should be familiar to the majority
of citizens, easy to recall, unique and lasting.
2. The following guidelines are listed in order of importance. Municipal parks
and facilities shall be named:
a) By outstanding and/or predominate physical characteristics of the
land such as:
1. Those naturally occurring, such as forested areas, streams,
rivers, lakes and creeks;
2. Manmade features such as subdivisions, streets,
office/industrial or commercial complexes;
3. Landmark significance, such as an identifiable manmade or
naturally occurring monument;
4. Historical significance, such as the names of early residents
or citizens and/or a significant event.
b) In honor of a living or deceased national, state, or community
leader.
c) Based on the activity, event, or function of the land.
WYLIE CITY COUNCIL
AGENDA ITEM NO. 6.
July 13, 2004
Issue
Consider and act upon the approval of Ordinance#2004-23 amending Section Nos. 106-141 (Definitions),
106-142(Levied Rate),106-143(Collection and Reporting),and 106-145(Use of Tax Revenue)of the Wylie
Code of Ordinances; Providing for Definitions, The Levy of a Hotel Occupancy Tax, Collection and
Reporting Regulations and the Use of Tax Funds Pursuant to Chapter 351,Texas Tax Code.
Background
City Attorney, Richard Abernathy, staff and Municipal Code Corporation recently reviewed the Wylie Code of
Ordinances in an effort to update the Codes for the City of Wylie pursuant to the Home Rule Charter. In the
recommendations sent to the City,by Mr.Abernathy,it was suggested that the City raise the Occupancy Tax from its
current rate of 4%to 7% approved by the legislature under Chapter 351 of the Texas Tax Code. These collected
funds are used for the purpose of advertising the City of Wylie,encouraging tourism within the City and promoting
Wylie in general.
Financial Considerations
Increase in revenue generated from the occupancy tax.
Other Considerations
N/A
Staff Recommendations
Approval of Ordinance#2004-23.
Attachments
Ordinance#2004-23
Prepared by Reviewed by Finance City Manager Approval
ORDINANCE NO. 2004-23
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING
SECTION NOS. 106-141 (DEFINITIONS), 106-142 (LEVIED;
RATE), 106-143 (COLLECTION AND REPORTING) AND 106-145
(USE OF TAX REVENUE) OF THE WYLIE CODE ORDINANCES;
PROVIDING FOR DEFINITIONS, THE LEVY OF A HOTEL
OCCUPANCY TAX, COLLECTION AND REPORTING
REGULATIONS AND THE USE OF TAX FUNDS PURSUANT TO
CHAPTER 351, TEXAS TAX CODE; 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 THEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") is of
the opinion that it is in the public interest to expend public funds to: (1) advertise the City
of Wylie, Texas ("Wylie"); (2) encourage tourism; and (3) promote Wylie in general; and
WHEREAS, the City Council finds that a large portion of the public facilities are
necessarily supplied for the use of transient public in the form of display, entertainment,
convention, historical, and art facilities; and
WHEREAS, the burden of financing the facilities and programs should be spread
to the extent possible among the persons for whom the facilities are being provided and
held and receive the benefits of same from time to time; and
WHEREAS, §351.003 of the Texas Tax Code allows for the levy of a hotel
occupancy tax not to exceed seven percent (7%) of the price paid for a room; and
WHEREAS, the City Council has investigated and determined that it would be
advantageous and beneficial to Wylie and its inhabitants to amend_Section Nos. 106-141,
106-142, 106-143 and 106-145 of the Wylie Code of Ordinances relating to the hotel
occupancy tax authorized by the Texas Tax Code as stated herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are
incorporated into the body of this ordinance as if fully set forth herein.
SECTION 2: Amendment to Section 106-142 of Wylie Code of Ordinances
(Levied; Rate). The text of Section 106-42 of the Wylie Code of Ordinances is amended
in its entirety and replaced with the following:
Ordinance#2004-23
HOTEL OCCUPANCY TAX ORDINANCE
Page 1
(a) There is hereby levied a tax upon the cost of occupancy of any room or
space furnished by any hotel where such cost of occupancy is at the rate of
TWO DOLLARS ($2.00) or more per day, such tax to be equal to seven
percent (7%) of the consideration paid by the occupant of such room,
space or facility to such hotel, exclusive of other occupancy taxes imposed
by other governmental agencies. Exemptions to the levy of the hotel
occupancy tax described herein shall be the same as those prescribed by
§351.006, Texas Tax Code, as it exists or may be amended.
(b) Any hotel occupancy tax provided herein shall be imposed in the Wylie
extraterritorial jurisdiction, provided, however, that the levy such taxed
shall not result in a combined rate of state, county or municipal hotel
occupancy taxes in the extraterritorial jurisdiction which exceeds fifteen
percent (15%) of the price paid for a room in a hotel.
SECTION 3: Amendment to Section 106-141 of Wylie Code of Ordinances
(Definitions). The text of Section 106-141 of the Wylie Code of Ordinances is amended
in its entirety and replaced with the following:
Assessor and collector shall mean the tax assessor and collector of the city.
City Manager shall mean the City Manager of Wylie or his/her designated
representative.
Consideration shall mean the cost of the room in such hotel only if the room is
one ordinarily used for sleeping and shall not include the cost of any food served or
personal services rendered to the occupant of such room not related to the cleaning and
readying of such room for occupancy.
Hotel shall mean a building or buildings in which the public may, for a
consideration, obtain sleeping accommodations. The term shall include hotels, motels,
tourist homes, houses or courts, lodging houses, inns, rooming houses or other buildings
where rooms are furnished for a consideration, but "hotel" shall not be defined so as to
include hospitals, sanitariums, nursing homes or housing facility of an institute of higher
education as defined in the Texas Education Code.
Hotel Occupancy Tax shall mean the tax imposed by Section 106-142 of the
Wylie Code of Ordinances.
Occupancy shall mean the use or possession, or the right to the use or possession,
of any room in a hotel if the room is one ordinarily used for sleeping.
Occupant shall mean anyone who, for a consideration, uses, possesses or has a
right to use or possess any room in a hotel if the room is one ordinarily used for sleeping.
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Person shall mean any individual, company, corporation or association owning,
operating, managing or controlling any hotel.
Quarterly period shall mean the regular calendar quarters of the year; the first
quarter being composed of the months of January, February and March; the second
quarter being composed of April, May and June; the third quarter being composed of
July, August and September; and the fourth quarter being composed of the months of
October, November and December.
SECTION 4: Amendment to Section 106-145 of Wylie Code of Ordinances (Use
of Tax Revenues). The text of Section 106-145 of the Wylie Code of Ordinances is
amended in its entirety and replaced with the following:
The revenue derived from the hotel occupancy tax will only be used for the
purposes authorized by 3351.101, et seq., Texas Tax Code, as it exists or may be
amended, as the City Council may direct and authorize.
SECTION 5: Amendment to Section 106-143 of Wylie Code of Ordinances
(Definitions). The text of Section 106-143 of the Wylie Code of Ordinances is amended
to add the following paragraph:
(c) Rules and regulations. The City Manager shall have the power to make
such rules and regulations as are necessary to effectively collect the hotel occupancy tax
levied by this Ordinance and shall upon reasonable notice have access to books and
records necessary to enable him/her to determine the correctness of any report filed as
required by this Ordinance and the amount of taxes due under the provisions of this
Ordinance.
SECTION 6: Penalty Provision. If any person, firm, corporation or business
entity shall fail to collect the hotel occupancy tax imposed by this Ordinance, or shall fail
to file a report as required herein, or shall fail to pay to the City Manager the tax imposed
by this Ordinance when said report for payment is due, or shall file a false report, then
such person, firm, corporation or business entity shall be deemed guilty of a
misdemeanor and upon conviction be punished a fine of not more than FIVE HUNDRED
DOLLARS ($500.00). In addition, such person, firm, corporation or business entity who
fails to remit the hotel occupancy tax imposed by this Ordinance within the time required
shall forfeit ten percent (10%) of the amount due as a penalty, and after the first thirty
(30) days shall forfeit an additional ten percent (10%) of such hotel occupancy tax;
provided, however, that the penalty shall never be less than ONE DOLLAR($1.00), or as
allowed by the Texas Tax Code. Delinquent hotel occupancy taxes shall draw interest at
the rate of ten percent (10%) per annum beginning sixty (60) days from the date due, or
as allowed by the Texas Tax Code.
SECTION 7: Savings/Repealing Clause. All provisions of any Wylie ordinance
in conflict herewith are repealed to the extent they are in conflict; but such repeal shall
not abate any pending prosecution for the violation of the repealed ordinance, nor shall
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the repeal prevent a prosecution from being commenced for any violation if occurring
prior to the repeal of the ordinance. Any remaining portions of said ordinances shall
remain in full force and effect.
SECTION 8: Severability. Should any section, subsection, sentence, clause or
phrase of this Ordinance be declared unconstitutional or invalid by a court of competent
jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance
shall remain in full force and effect. Wylie hereby declares that is 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 or invalid.
SECTION 9: Effective Date. This Ordinance after the adoption and publication
as required by law and Wylie's City Charter shall become effective at midnight, July 21,
2004.
PASSED AND APPROVED by the City of Wylie, Texas, on this the 13th day of
July, 2004.
John Mondy, Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY: APPROVED AS TO FORM:
Carole Ehrlich ABERNATHY, ROEDER, BOYD & JOPLIN, P.C.
City Secretary RICHARD M. ABERNATHY
City Attorneys
DATE(s)OF PUBLICATION:July 21,2004 lfYLIE News
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