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08-10-2004 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA TUESDAY, AUGUST 10, 2004 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 CALL TO ORDER INVOCATI( N & PLEDGE OF L .E(lAI\C { PEOCi.,AMA; iON & PRESE YTAT +E3NS. • Senator Craig Estes,District 30 will address the Mayor and Council CITIZENS PARTJCII'ATlONI CONSENT AGENDA All matters LAed under the Consent Agenda are considered to be routi ie by the City Council and will he enacted by one motio t.>There ll eat:sae wpar4tedikussiniti,,Of these items 1(f di cussion<rs desired,that Item will be;removed from the Consent Agenda and w ill he considered separ t ly. A. Approval of the Minutes from the Regular Called City Council Meeting of July 27, 2004 and the Special Called Meeting of August 3, 2004. B. Consider and act upon approval of a Resolution authorizing the City Manager to accept a warranty deed from Wylie Supermarket,Inc.for the dedication of approximately 7,000 square feet of land to the City of Wylie and to tile the deed in the County land records. C. Consider and act upon approval of a Lease Agreement between the City of Wylie and Roger Hankey for maintenance of the painted mural located adjacent to Olde City Park. D. Consider and act upon Ordinance#2004-25 of the City of Wylie, Texas, amending Ordinance Nos. 78-17, 90- 12,95-1,99-36,2001-55 and 2004-09 and Article IV, Section 110-168 of the Code of Ordinances,establishing a school zone for certain streets; establishing prima facie maximum speed limits during school hours in such zone; providing for installation of signs and markings; regulating vehicular and pedestrian traffic. E. Discuss and consider an Ordinance establishing a no parking area for Foxwood Lane between Akin Lane and Lanwood Lane. F. Consider and act upon an Ordinance repealing Ordinance No. 2003-26, amending Chapter 102, "Streets, Sidewalks,and Other Public Places". INDIVID�IIAL CONSIDEA>fIt)N 1. Consider and act upon acceptance of the withdrawal of a request for a Special Use Permit (SUP) for a Telecommunications Tower,subject property being located at 713 Cooper Drive,and being part of Lot 3,Block A of Wylie Industrial Park Addition, City of Wylie, Collin County, Texas. (Zoning Case 2004-01) Public Hearing was continued from the March 23,2004 Council meeting. Executive Summary This item was tabled by City Council at the March 23,2004 meeting, and the Public Hearing continued in order to allow the applicant time to provide additional documentation concerning the availability of alternative sites. Subsequently,the applicant requested and has been granted(ZC 2004-12)a Specific Use Permit for a tower and antenna on another tract. Council is asked to remove the request from the table and accept the withdrawal. 2. Consider and act upon an appointment to the Parks and Recreation Board,to fill an unexpired term. Executive Summary Jamie Van Eaton was appointed to fmish the two(2)year term of Larry Bowles on the Parks and Recreation Board February 23,2004. Mrs. Van Eaton resigned from the Board July 21,2004 citing personal conflicts with other family activities for her reason to resign.The new appointee will serve the term expiring in June,2005. The Council Interview Panel will make a recommendation to Council,based on the interviews conducted in May 2003. 3. Consider and Act Upon Resolution #2004-19 (R), accepting the proposed Ad Valorem Tax Rate of$0.695 per $100 valuation,call for the Public Hearing on the tax rate for August 31,2004,and accept the Calculation of an Effective Tax Rate for Fiscal Year 2004-2005. Executive Summary In accordance with the"Truth in Taxation"laws of the State of Texas,notices must be published and a public hearing must be held if an entity's proposed tax rate exceeds 103 percent of the effective tax rate. Therefore,the City is required to vote on the proposed tax rate and publish the results of the roll call vote at least seven(7)days prior to the first scheduled public hearing on August 31. The proposed budget is based on the proposed tax rate of$0.695 per$100 valuation. This is the rate previously discussed by the Council. Any change in the proposed rate will require revision of the proposed budget.It is recommended that the City Council approve the proposed tax rate and schedule the next required public hearing on the tax rate for August 31,2004. 4. Consider and act upon authorizing the City Manager to enter into a Reimbursement Agreement with the Allegheny Land Company for improvements of a park in Meadowview Estates, in an amount not to exceed $62,700. Executive Summary The developer of Meadowview Estates, located directly east of Pointe North, has requested that the City Council consider entering into a reimbursement agreement whereby the developer would further improve the park in the subdivision with irrigation and landscaping, and be reimbursed by the City. The approved subdivision for Meadowview Estates includes a public park which runs parallel to the Cottonbelt trail line from Ballard Street, and the through the neighborhood to the west. The developer is currently installing an 8' hike and bike trail in the park. The trail, coupled with the initial dedication of the parkland, is satisfying the requirements of the Parkland Dedication Ordinance. The proposed improvements to Meadowview Estates were originally included within the Parks Departments FY 04/05 General Fund budget requests,but were eliminated during the review process at the staff level. Funding is available however, through the 4B Budget in either FY 03/04 or FY 04/05 due to increased sales tax revenue should the Council wish to move forward with the proposal. READING OIt (O DINA ICES;TITL ,& CAPTIO APPROVED BX COUNCIL'AS REQUI `.ED B I WYLIE CITY CHA,RTEt.,ARTICLE III,SECTION 13.>► City Secretary will read approved Ordinance captions for the record. EXECU 'I' SESS O §551.072-Deliberation Regarding Real Property; Closed Meeting • Discussion of Alanis Acquisition §551.072-Deliberation Regarding Real Property; Closed Meeting • Discussion of property located in the area around Brown St. and FM 1378 RECON' E IE INTO'+DI'EN 8IEETII' G Take any action as a result of the Executive Session. WOOKii$ESSIONEEENENSENEMENEMEMENEREMBERIESEHEREMEHEREIREINESIIN Joint Work Session with the Planning and Zoning Commission,Parks and Recreation Board,and City Council. • Discussion of land use concepts for the Kreymer Tracts ADJOURN1ENT ``‘‘%%%111111/111 In addition to any specifically identified Executive Sessiol$:�ujit•il may convene lg Executive Session at any point during the open meeting to discuss any item posted on this agenda. The%en"11+leetktgs ro;91 es specific exceptions that require that a meeting be open. Should Council elect to convene into Executive session, th.A: e ition will tie specifically identified and announced. Any subsequent action,as a result of this Executive Session,vial be tak- ..,+ed to opal session. I certify that this Notice of Meeting was posted on this%th e�ly,,of Augu*`2004 t 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and 04,9 / otr `>�ws media contacted. As a courtesy,this agenda is also posted to the City of Wylie Website at www.ci. lie. f1 1111,`s�v -AArlm"---NYrst.,---- , e f2-o V Carole Ehrlich,City Secretary( 0.024, Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. EXECUTIVE SUMMARY FOR ZC 2004-01 Executive Summary The applicant requested this Special Use Permit (SUP) in order to install a Telecommunications Tower and Antennas at 713 Cooper Drive, within Wylie's new Central Business District as proposed by the Comprehensive Plan. The Council tabled the request, encouraging the applicant to investigate alternative sites which do not have such significant visual impact to the CBD. Subsequently, the applicant submitted for and Council approved an SUP on another tract, and the applicant is requesting that this earlier request be withdrawn. Because the request was publicized and the Public Hearing continued, the Council should remove the request from the table and accept the withdrawal. Page 1 of 1 From: Aimee Nemer [anemerci.wy1ie.tx.us] Sent: Tuesday, August 03, 2004 11:58 AM To: Carole Ehrlich, City Secretary Subject: Parks Exec Session EXECUTIVE SESSION In accordance with Chapter 551, Government Code,Vernon's Texas Code Annotated(Open Meeting Act), Section 551. §551.072-Deliberation Regarding Real Property; Closed Meeting • Discussion of property located in the area around Brown St.and FM 1378 Aimee Nemer Administrative Assistant City Secretary's Office 972/442-8100 9 72/442-8106 fax anemer@awylie.tx.us City of Wylie • 2000 Highway 78 North • Wylie, Texas 75098 • www.ci.wylie.tx.us file://L:AAgenda Packets\Agenda Packets 2004\08-August\08-10-2004\Parks Exec Session.htm 3/7/2008 WYLIE CITY COUNCIL AGENDA ITEM NO. B. August 10, 2004 Issue Consider and act upon approval of a Resolution authorizing the City Manager to accept a warranty deed from Wylie Supermarket, Inc. for the dedication of approximately 7,000 square feet of land to the City of Wylie and to file the deed in the County land records. Background Wylie Supermarket, Inc. owns a small parcel of land in the Westwind Meadows No. 2 Addition located adjacent to and contiguous with Valentine Park. Several months ago, representatives of Wylie Supermarket, Inc. contacted City staff and expressed a desire to dedicate this parcel to the City of Wylie. The City Attorney's office prepared a warranty deed for conveyance of the property to the City. The City of Wylie Parks Department already maintains this parcel of land, and routine maintenance consisting mainly of mowing operations. Other Considerations N/A Financial Consideration N/A Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval of the Resolution. Attachments Resolution Warranty Deed Location Map Prepared by Reviewed by Finance City Manager Approval WARRANTY DEED STATE OF TEXAS § KNOW ALL MEN BY THESE § PRESENTS: COUNTY OF COLLIN § Wylie Supermarket, Inc., of City of Wylie, Collin County, Texas, hereinafter Grantor, for good and valuable consideration received, GRANTS, SELLS AND CONVEYS to: City of Wylie, Texas, herein after Grantee, with a mailing address of: 2000 Highway 78 North Wylie, Texas 75098 that certain tract or parcel of real property located in Collin County, Texas, and described as follows: Lot 4A, Block 4, Westwind Meadows No. 2 Addition to the City of Wylie, Collin County, Texas, as described in the map or plat thereof recorded in Volume C, Page 789, of the Map and Plat Records of Collin County, Texas. TO HAVE AND TO HOLD the property described, together with all the rights and appurtenances lawfully accompanying it, by the Grantee and the Grantee's heirs, personal representatives, successors, and assigns forever. Grantor binds himself and Grantor's heirs, personal representatives, successors, and assigns to warrant and forever defend the property against every person lawfully claiming or to claim all or any part of the property; provided, however, it is expressly understood and agreed that this conveyance is made subject to all easements, exceptions, covenants, conditions, restrictions, reservations, and rights appearing of record. EXECUTED on , 2004. GRANTOR: Name: Title: WARRANTY DEED Page 1 L:AAgenda Packets\Agenda Packets 200-1\08-August\08-10-2004\Attachment-Tibbals WARRANTY DEED W.estwind Meadows 2.doc STATE OF TEXAS § COUNTY OF COLLIN § CERTIFICATE OF ACKNOWLEDGMENT: BEFORE ME, the undersigned Notary Public, on this day personally appeared , known to me by identification through an identification card bearing his photograph and signature to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he is authorized to execute this instrument and that he executed the instrument for the purposes and considerations expressed in it. Given under my hand and seal of office on , 2004. Notary Public in and for the State of Texas My Commission Expires: After recording return to: City of Wylie City Manager 2000 Highway 78 North Wylie, Texas 75098 WARRANTY DEED Page 2 L:AAgenda Packets\Agenda Packets 200-1\08-August\08-10-2004\Attachment-Tibbals WARRANTY DEED Westwind Meadows 2.doc WYLIE CITY COUNCIL AGENDA ITEM NO. C. August 10, 2004 Issue Consider and act upon approval of a Lease Agreement between the City of Wylie and Roger Hankey for maintenance of the painted mural located adjacent to Olde City Park. Background In July 1994, the City of Wylie entered into a license agreement with the owners of the building located at 104 South Ballard Street. The ten-year Agreement was for the initial painting and maintenance of a mural on the south wall of the building which faces Olde City Park. The original Agreement expired on June 30, 2004. During the term of the original Agreement, the property at 104 South Ballard Street was sold to a new owner who does not wish to extend the terms and conditions of the Agreement. The original Agreement stipulated that the property owner was responsible for maintenance of the mural. Under the new ten-year Agreement prepared by the City Attorney, the City of Wylie will be responsible for maintaining the mural only. The City will have no responsibility for the structural integrity of the wall. Mural maintenance, generally consisting of touch-up painting, is typically performed every three to four years at a cost of approximately$400 to $500 for each maintenance cycle. Other Considerations N/A Financial Consideration The City agrees to pay the lessor the sum of ten dollars for the ten-year Agreement. Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval of the Lease Agreement. Attachments Lease Agreement Prepared by Reviewed by Finance City Manager Approval LEASE AGREEMENT MAINTENANCE OF MURAL AT OLDE CITY PARK This Lease ("Lease") is made and entered into this 10th day of August, 2004, by and between Roger Hankey, an individual ("Lessor"), and the City of Wylie, Texas, a home-rule municipality ("Lessee"). In consideration of the mutual covenants and agreements set forth in this Lease, and other good and valuable consideration, Lessor does hereby demise and lease to Lessee, and Lessee does hereby lease from Lessor, the property described herein, as follows: ARTICLE 1. PREMISES Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, subject to the terms and conditions hereof, the exterior surface only of the south-facing exterior wall on the building located at Block 4, Lot 3, Keller's Addition, City of Wylie, Collin County, Texas (104 S. Ballard, Wylie, Texas) (the "leased premises" or"premises"). ARTICLE 2. TERM The term of this Lease shall be ten (10) years, commencing on July 1, 2004 and ending on June 30, 2014, at which time this Lease shall terminate unless terminated earlier as provided herein. ARTICLE 3. RENT For the term of this Lease, Lessee agrees to pay to Lessor the sum of TEN AND NO/100THS DOLLARS ($ 10.00). ARTICLE 4. USE OF PREMISES Permitted Use 4.1 Lessee may use the leased premises, continuously during any term of this Lease, for the purpose of repairing, replacing, altering and maintaining a painted wall mural. Lessor's Use of the Premises 4.2 Lessor shall not use the premises in any way that interferes with the permitted use of the premises by Lessee. ARTICLE 5. APPROVAL OF PLANS If Lessee shall desire to materially alter the general design of the mural as it exists at the start of this Lease, Lessee will submit plans generally depicting the new design to Lessor, which are subject to the approval of Lessor; said approval not to be unreasonably LEASE AGREEMENT(Mural-Exterior Wall) 8-10-04 Page 1 withheld, delayed or denied. Any plan submitted by Lessee shall be deemed approved by Lessor unless disapproved within fifteen (15) days of such submittal. ARTICLE 6. TERMINATION Lessee may terminate this Lease, at any time and for any reason, by giving Lessor thirty (30) days notice in writing of its election to do so. ARTICLE 7. TAXES AND ASSESSMENTS Lessor shall pay and fully discharge all taxes, real and personal, special assessments and governmental charges of every character imposed during the term of this Lease. ARTICLE 8. ASSIGNMENT OR SUBLEASE Neither party shall assign this Lease, in whole or in part, or sublet the premises, or any part thereof, without first obtaining the express written consent of the other party. Notwithstanding, should Lessor sell the building upon which the leased premises is located, Lessor shall assign this Lease to the new owner, who shall fulfill Lessor's obligations hereunder. ARTICLE 9. UTILITIES AND GARBAGE REMOVAL Utility Charges 9.1 Lessor shall pay all utility charges for water, electricity, heat, gas and telephone service used in and about the leased premises during the term of the lease or any extensions thereof. Garbage Removal 9.2 Lessor shall pay for the removal of all garbage and rubbish from the leased premises during the term of the lease or any extensions thereof. ARTICLE 10. LESSOR'S RESPONSIBILITY Lessor acknowledges that the leased premises consist only of the exterior face of the south-facing wall. Except for maintenance and upkeep of the mural, Lessee assumes no responsibility for the wall, structurally or otherwise, and all improvements maintenance, upkeep, repairs, etc. to the wall will be the sole responsibility of Lessor during any term of this Lease. Lessee will assume responsibility for any damages caused solely by Lessee in its use of the leased premises during any term of this Lease. LEASE AGREEMENT(Mural-Exterior Wall) 8-10-04 Page 2 ARTICLE 11. MISCELLANEOUS Cumulative Remedies 11.1 All rights and remedies of Lessor and Lessee under this Lease shall be cumulative, and none shall exclude any other right or remedy provided by law, or by any other provisions of this lease. All such rights and remedies may be exercised and enforced concurrently and whenever, and as often, as occasion for their exercise arises. Waiver of Breach 11.2 A waiver by either Lessor or Lessee of a breach of this Lease by the other party does not constitute a continuing waiver or a waiver of any subsequent breach of the Lease. Reference to Lessor 11.3 When referring to "Lessor" herein, it shall mean Lessor, its, officers, directors, agents, employees, legal representatives, successors and assigns. Reference to Lessee 11.4 When referring to "Lessee" herein, it shall mean Lessee, its officers, agents, employees, legal representatives, successors and assigns. Notices and Addresses 11.5 All notices required under this Lease must be given by certified mail or registered mail, addressed to the proper party, at the following addresses: Lessor: Roger Hankey Lessee: City of Wylie Attn: City Manager 2000 Highway 78 North Wylie, Texas 75098 Either party may change the address to which notices are to be sent it by giving the other party notice of the new address in the manner provided in this section. Parties Bound 11.6 This Lease shall be binding upon, and inure to the benefit of, the parties to this Lease and their respective officers, employees, agents, heirs, executors, administrators, legal representatives, successors, and assigns when permitted by this Lease. LEASE AGREEMENT(Mural-Exterior Wall) 8-10-04 Page 3 Texas Law to Apply 11.7 This Lease shall be construed under, and in accordance with, the laws of the State of Texas, and all obligations of the parties created by this Lease are performable in Collin County, Texas. Legal Construction 11.8 In case any one or more of the provisions contained in this Lease shall for any reason be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of the Lease, and this Lease shall be construed as if the invalid, illegal, or unenforceable provision had never been included in the Lease. Prior Agreements Superseded 11.9 This Lease constitutes the sole and only agreement of the parties to the agreement and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter of this agreement. Amendment 11.10 No amendment, modification or alteration of the terms of this Lease shall be binding unless it is in writing, dated subsequent to the date of this Lease and duly executed by the parties to this Lease. Force Majeure 11.11 Neither Lessor nor Lessee shall be required to perform any term, condition, or covenant in this Lease so long as performance is delayed or prevented by force majeure, which shall mean acts of God, strikes, lockouts, material or labor restrictions by any governmental authority, civil riots, floods and any other cause not reasonably within the control of Lessor or Lessee and which by the exercise of due diligence Lessor or Lessee is unable, wholly or in part, to prevent or overcome. Consideration 11.12 This Lease is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. Counterparts 11.13 This Lease may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. LEASE AGREEMENT(Mural-Exterior Wall) 8-10-04 Page 4 Authority to Execute 11.14 The individuals executing this Lease on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Lease to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Lease in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Lease and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. Representations 11.15 Each signatory represents this Lease has been read by the party for which this Lease is executed and that such party has had an opportunity to confer with its counsel. Sovereign Immunity 11.16 The parties hereto agree that Lessee has not waived its sovereign immunity be entering into and performing its obligations under this Lease. Miscellaneous Drafting Provisions 11.17 This Lease shall be deemed drafted equally by all parties hereto. The language of all parts of this Lease shall be construed as a whole according to its fair meaning and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Lease are for the convenience of the parties and are not intended to be used in construing this document. EXECUTED this 10th day of August, 2004, year first above written. LESSOR: LESSEE: ROGER HANKEY THE CITY OF WYLIE, TEXAS, a home-rule municipality By: By: Roger Hankey John Mondy, Mayor LEASE AGREEMENT(Mural-Exterior Wall) 8-10-04 Page 5 WYLIE CITY COUNCIL AGENDA ITEM NO. D. August 10, 2004 Issue Consider and act upon Ordinance#2004-25 of the City of Wylie,Texas,amending Ordinance Nos.78-17,90-12, 95-1, 99-36,2001-55 and 2004-09 and Article IV, Section 110-168 of the Code of Ordinances,establishing a school zone for certain streets;establishing prima facie maximum speed limits during school hours in such zone; providing for installation of signs and markings;regulating vehicular and pedestrian traffic. Background WISD has changed the school hours for the upcoming school year. The City will have to adjust the school zone hours accordingly. City Staff did meet with the school district to coordinate the required changes.The changes are as follows: Elementary and Intermediate Schools hours will be 7:45—2:45,school zones will be adjusted to 7:15-8:00 and 2:40 - 3:15. Jr. High School hours will be 8:15 - 3:15, school zone hours will be adjusted to 7:45 —8:30 and 3:15 —3:45. High School hours will be 8:45 —3:45, school zone hours will be 8:15 —9:00 and 3:45 —4:15. Several school zones will be 7:15-8:30 and 2:40—3:45,because they have both elementary/intermediate and Jr. High students traveling through the area. See attached ordinance for specific school zones and times. Financial Considerations None Other Considerations The ordinance was modified by the City Attorney's Office. Staff Recommendations Pass Ordinance#2004-25 amending specific school zones and times. Attachments Proposed Ordinance#2004-25 Prepared by Reviewed by Finance City Manager Approval ORDINANCE NO. 2004-25 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NOS. 78-17, 90-12, 95-1, 99-36, 2001-55 AND 2004-09 AND ARTICLE IV, SECTION 110-168 OF THE CODE OF ORDINANCES,ESTABLISHING A SCHOOL ZONE FOR CERTAIN STREETS; ESTABLISHING PRIMA FACIE MAXIMUM SPEED LIMITS DURING SCHOOL HOURS IN SUCH ZONE; PROVIDING FOR INSTALLATION OF SIGNS AND MARKINGS;REGULATING VEHICULAR AND PEDESTRIAN TRAFFIC; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS,the City Council of the City of Wylie, Texas("City Council")finds it necessary to amend Ordinance Nos. 78-17, 90-12, 95-1, 99-36, 2001-55 and 2004-09 and Article IV, Section 110-168 of the Code of Ordinances to coordinate with the change in school attendance times and to establish maximum speed limits within the areas and at the locations named and designated in the body of this Ordinance, all within the corporate limits of the City of Wylie, Texas(the"City"), and in the immediate vicinity of school areas, during periods of time when the schools are in session and school children are going to and from schools and playgrounds; and WHEREAS, the City Council finds that it is necessary for the protection and safety of pedestrians crossing streets in school areas to establish maximum speed limits and to prohibit the overtaking and passing of motor vehicles within the school zone; and WHEREAS,the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of the City to amend Ordinance Nos. 78-17, 90-12, 95-1, 99-36, 2001- 55 and 2004-09 and Article IV, Section 110-168 of the Code of Ordinances as set forth below. 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 WYLIE ORDINANCE NOS. 78-17, 90-12, 95-1, 99- 36, 2001-55 and 2004-09 AND ARTICLE IV, SECTION 110-168 OF THE CODE OF ORDINANCES. Wylie Ordinance Nos. 78-17, 90-12, 95-1, 99-36, 2001-55 and 2004-09 and Article IV, Section 110-168 of the Code of Ordinances are hereby amended as follows: Ordinance 2004-25 Ordinance amending Nos. 78-17,90-12,95-1,99-36,2001-55 and 2004-09 and rticle iv,section 110-168 of the Code of Ordinances(school zone times) Page 1 "School Zones a) Vehicle speed and operation generally: It shall be unlawful for any person to operate or drive any vehicle at a speed greater than the speed designated or posted, or to overtake or pass any other vehicle in any school zone as may be marked or designated within the City during the hours indicated upon signs erected in such zone, or whenever children are present in such zones, or when such zones have an alternating flashing light in operation. b) Speed limits: The following prima facie maximum speed limits hereafter indicated for motor vehicles are hereby determined and declared to be reasonable and safe. Such maximum speed limits are hereby fixed at the rate of speed indicated for motor vehicles traveling upon the main street or highway, or parts of the main street or highway, and no motor vehicle shall be operated along or upon such portions of the named streets or highways within the corporate limits of the City in excess of the speeds set forth as follows: 1) Twenty (20)miles per hour between the hours of 7:15 a.m. to 8:30 a.m. and 2:40 p.m. to 3:45 p.m., on school days, on the following streets: a. On Brown Street from a point one hundred fifty feet (150') west of the point of its intersection with Rustic Trail to a point three hundred sixty feet (360') east of the point of its intersection with Westgate Way. b. On Birmingham Street from the point of its intersection with Williams Street, one hundred fifty feet (150') south to the point of its intersection with West Stone Road. c. On Park Boulevard from the intersection of Westgate Way, west one thousand feet (1000'). d. On Westgate Way from the intersection of Park Boulevard, south one hundred fifty feet (150'). 2) Twenty (20)miles per hour between the hours of 7:15 a.m. to 8:00 a.m. and 2:40 p.m. to 3:15 p.m., on school days, on the following streets: a. On Kirby Street from a point two hundred feet(200')east of the point of its intersection with Memorial Drive to the point of its intersection with Birmingham Street. b. On Springwood Lane from the point of its intersection with Lanwood Drive to the point of its intersection with W.A. Allen Boulevard. c. On Lanwood Drive from a point five hundred twenty five feet(525') north of its intersection with Springwood Lane, south to the point of its intersection with Heatherwood Lane. d. On Heatherwood Lane from its intersection with Lanwood Drive to 250 ft. west of intersection with Castlewood Drive. Ordinance 2004-25 Ordinance amending Nos. 78-17,90-12,95-1,99-36,2001-55 and 2004-09 and rticle iv,section 110-168 of the Code of Ordinances(school zone times) Page 2 e. On W.A. Allen Boulevard from a point five hundred fifty feet (550') north of the point of its intersection with Springwood Lane to a point two-tenths (2/10) of a mile south to the intersection of Stone Road. f On Stone Road from a point four hundred feet(400')west ofthe point of its intersection with Allen Road to a point east of the point of its intersection to Stonehedge Drive. g. On Lanwood Drive west to Castlewood Drive. h. On Heatherwood Drive from W.A. Allen to the intersection of Lanwood Drive. i. On Heatherwood Drive, south two hundred fifty feet (250') to the intersection of Bentwood Drive. j. On Park Boulevard from the intersection of Country Club Road, west one hundred fifty feet (150'). k. On Park Boulevard from the intersection of Country Club Road, east to the intersection of Cheyenne Road. 1. On Cheyenne Road from Park Boulevard, north to one hundred fifty feet (150') north of the intersection of Tuscalosa Drive. m. On Tuscalosa Drive from the intersection of Cheyenne Road, east five hundred feet (500'). n. On McCreary Road from the intersection of Riverway Lane, south one thousand feet (1000'). o. On McCreary Road from the intersection of Riverway Lane,north one thousand feet (1000'). p. On Riverway Lane from McCreary Road, east two-tenths (2/10) of a mile to one hundred feet(100')west of the intersection of Meandering Drive. q. On Appalachian Drive from the intersection of Riverway Lane, south one hundred fifty feet (150'). r. On Springtide Drive from the intersection of Riverway Lane, north one hundred fifty feet (150'). 3) Thirty (30) miles per hour between the hours of 8:15 a.m. to 9:00 a.m. and 3:45 p.m. to 4:15 p.m., on school days, on the following streets: a. On FM 544 from the intersection of Country Club, east one thousand feet (1000'). b. On FM 544 from the intersection of Country Club, west one thousand feet (1000'). 4) Thirty-five (35) miles per hour between the hours of 7:15 a.m. to 8:00 a.m. and 2:40 p.m. to 3:15 p.m., on school days, on the following streets: a. On Country Club Road from the intersection of Park Boulevard, south five hundred feet (500'). b. On Country Club Road from the intersection of Park Boulevard,north one thousand feet (1000'). Ordinance 2004-25 Ordinance amending Nos. 78-17,90-12,95-1,99-36,2001-55 and 2004-09 and rticle iv,section 110-168 ofthe Code of Ordinances(school zone times) Page 3 5) Twenty (20)miles per hour between the hours of 7:15 a.m. to 8:30 a.m. and 2:40 p.m. to 3:45 p.m., on school days, on the following streets: a. On Stone Road from the intersection of Ballard Street, east to one hundred feet (100') west of the intersection of John Akin Lane. b. On Pirate Drive from the point of its intersection with Hilltop Street to a point of its intersection with Ballard Street. c. On Hilltop Street from the point of its intersection with Pirate Drive to a point of its intersection with Stone Road. d. On Kirby Street from the intersection of Birmingham, east to Ballard Street. e. On Ballard Street from the intersection of Stone Road, south to two hundred feet (200') north of the intersection of Stoneybrook Drive. The speed limits contained in this section shall not be effective until signs giving notice of such regulations are posted upon or at the entrances to those portions of the street or highway affected as may be most appropriate in accordance with the Uniform Manual on Traffic Control Devices, as amended, promulgated by the state department of transportation. The city manager or his duly authorized representative is authorized and directed to cause to be erected such appropriate signs." SECTION 3: PENALTY PROVISION. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars($500.00). Each continuing day's 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 4: SAVINGS/REPEALING CLAUSE. Wylie Ordinance Nos. 78-17,90-12,95- 1, 99-36, 2001-55 and 2004-09 and Article IV, Section 110-168 of the Code of Ordinances shall remain in full force and effect, save and except as amended by this or any other ordinance. 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. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: 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 it would have passed this Ordinance, and each section, subsection, clause or phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Ordinance 2004-25 Ordinance amending Nos. 78-17,90-12,95-1,99-36,2001-55 and 2004-09 and rticle iv,section 110-168 of the Code of Ordinances(school zone times) Page 4 SECTION 6: EFFECTIVE DATE. This Ordinance shall become effective from and after its adoption and publication as required by the Wylie City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 10th day of August, 2004. John Mondy, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary Date of publication in The TTylie Xews August 18,2004. Ordinance 2004-25 Ordinance amending Nos. 78-17,90-12,95-1,99-36,2001-55 and 2004-09 and Article iv,section 110-168 of the Code of Ordinances(school zone times) Page 5 WYLIE CITY COUNCIL AGENDA ITEM NO. E. August 10, 2004 Issue Discuss and consider an Ordinance establishing a no parking area for Foxwood Lane between Akin Lane and Lanwood Lane. Background At the request of a resident on Foxwood Lane, west of Akin Elementary School, staff has reviewed the traffic patterns associated with the elementary school. Congestion exists at certain times during the day due to cars being parked on the street. It is recommended that parking be prohibited during those times that the school zones are in effect. Current school zone times are from 7:15 a.m. — 8:00 a.m. and 2:40 p.m. — 3:15 p.m. This is the same approach that is used for Springwood Lane which is immediately south of the school. This would apply to Foxwood Lane between Lanwood and Akin Lane. Other Considerations Section 51.072 of the Local Government Code provides for the authority of a Home-Rule municipality of self-government. Financial Consideration N/A Board/Commission Recommendations N/A Staff Recommendations N/A Attachments Ordinance Prepared by Reviewed by Finance City Manager Approval ORDINANCE NO. 2004-27 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING A NO PARKING ZONE ON FOXWOOD LANE DURING THE HOURS AS SIGNED FOR SCHOOL ZONES; PROVIDING A PENALTY CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE: WHEREAS, Section 51.072 of the Local Government Code provides for the authority of a Home- Rule municipality of self-government, with the authority to control the operations of motor vehicles using its streets and to prescribe reasonable and safe regulations for same; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Beginning at the intersection of Lanwood and Foxwood Lane in the City of Wylie, thence in a westerly direction to the intersection of Foxwood and Akin Lane, it shall be prohibited to park on Foxwood during the hours of 7:15 — 8:00 a.m. and 2:40 — 3:15 p.m. or as otherwise signed for school zones. SECTION 2: In any portion of this ordinance shall conflict with any portion or all of an existing ordinance of the City of Wylie, The City Council hereby declares that this ordinance shall prevail, and that it is hereby attempting to repeal any conflicting provisions of an existing ordinance of the City. SECTION 3: The City Manager and/or City Engineer is hereby authorized to cause to be erected appropriate signs indicating such no parking zones. SECTION 4: It is hereby declared to be the intention of the City Council of the City of Wylie that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if held invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality of invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance. SECTION 5: Any person violating any provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in an amount not to exceed $200.00 for each violation. SECTION 6: This Ordinance shall become effective from and after its adoption and publication as required by the City Charter and by law. PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 10th day of August, 2004. John Mondv, Mayor ATTEST: Carole Erhlich, City Secretary ORDINANCE NO. 2004-27 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING A NO PARKING ZONE ON FOXWOOD LANE DURING THE HOURS AS SIGNED FOR SCHOOL ZONES; PROVIDING A PENALTY CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE: WHEREAS, Section 51.072 of the Local Government Code provides for the authority of a Home-Rule municipality of self-government, with the authority to control the operations of motor vehicles using its streets and to prescribe reasonable and safe regulations for same; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Beginning at the intersection of Lanwood and Foxwood Lane in the City of Wylie, thence in a westerly direction to the intersection of Foxwood and Akin Lane, it shall be prohibited to park on Foxwood during the hours of 7:15 — 8:00 a.m. and 2:40 — 3:15 p.m. or as otherwise signed for school zones. SECTION 2: In any portion of this ordinance shall conflict with any portion or all of an existing ordinance of the City of Wylie, The City Council hereby declares that this ordinance shall prevail, and that it is hereby attempting to repeal any conflicting provisions of an existing ordinance of the City. SECTION 3: The City Manager and/or City Engineer is hereby authorized to cause to be erected appropriate signs indicating such no parking zones. SECTION 4: It is hereby declared to be the intention of the City Council of the City of Wylie that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if held invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality of invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance. SECTION 5: Any person violating any provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in an amount not to exceed $200.00 for each violation. SECTION 6: This Ordinance shall become effective from and after its adoption and publication as required by the City Charter and by law. PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 10th day of August, 2004. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary ORDINANCE NO. 2004-27 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING A NO PARKING ZONE ON FOXWOOD LANE DURING THE HOURS AS SIGNED FOR SCHOOL ZONES; PROVIDING A PENALTY CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE: WHEREAS, Section 51.072 of the Local Government Code provides for the authority of a Home- Rule municipality of self-government, with the authority to control the operations of motor vehicles using its streets and to prescribe reasonable and safe regulations for same; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Beginning at the intersection of Lanwood and Foxwood Lane in the City of Wylie, thence in a westerly direction to the intersection of Foxwood and Akin Lane, it shall be prohibited to park on Foxwood during the hours of 7:15 — 8:00 a.m. and 2:40 — 3:15 p.m. or as otherwise signed for school zones. SECTION 2: In any portion of this ordinance shall conflict with any portion or all of an existing ordinance of the City of Wylie, The City Council hereby declares that this ordinance shall prevail, and that it is hereby attempting to repeal any conflicting provisions of an existing ordinance of the City. SECTION 3: The City Manager and/or City Engineer is hereby authorized to cause to be erected appropriate signs indicating such no parking zones. SECTION 4: It is hereby declared to be the intention of the City Council of the City of Wylie that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if held invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality of invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance. SECTION 5: Any person violating any provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in an amount not to exceed $200.00 for each violation. SECTION 6: This Ordinance shall become effective from and after its adoption and publication as required by the City Charter and by law. PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 10th day of August, 2004. John Mondv, Mayor ATTEST: Carole Ehrlich, City Secretary WYLIE CITY COUNCIL AGENDA ITEM NO. F. August 10, 2004 Issue Consider and act upon an Ordinance repealing Ordinance No. 2003-26, amending Chapter 102, "Streets, Sidewalks, and Other Public Places". Background On December 9, 2003 the City Council approved Ordinance 2003-26 which amended the City Code in order to establish rules and regulations governing the persons responsible for sidewalk maintenance and repair. On February 24, 2004, the council voted to suspend the enforcement of Ordinance 2003-26. Two council members have requested that an item be placed on the agenda to consider repealing the ordinance. Per the Rules of Order approved by the council in November 2003, items may be placed on the agenda for consideration at the request of the Mayor or two (2) or more members of council. Other Considerations N/A Financial Consideration N/A Board/Commission Recommendations N/A Staff Recommendations N/A Attachments Ordinance Prepared by Reviewed by Finance City Manager Approval ORDINANCE NO. 2004-26 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS REPEALING ORDINANCE NO. 2003-26; PROVIDING FOR REPEALING, SAVINGS, AND SEVERABILITY CLAUSES; PROVIDING AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("Cit) Council") has investigated and determined that it would be beneficial and advantageous to the citizens of the City of Wylie, Texas ("W)lie")to repeal Ordinance No. 2003-26. 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 full)set forth herein. SECTION 2: Repeal Ordinance No. 2003-26. Wylie Ordinance No. 2003-26 is hereby repealed in its entirety. SECTION 3: Savings/Repealing Clause. Chapter 102 of W.)lie's Code of Ordinances shall remain in full force and effect, save and except as amended by this or any other Ordinance. 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. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 4: Severabilit). 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 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 or invalid. SECTION 5: Effective Date. This Ordinance shall become effective from and after its adoption. PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 10th day of August, 2004. JOHN MONDY, Mayor ATTEST: CAROLE EHRLICH, City Secretary Date(s) of Publication 08-18-04 ORDINANCE REPEALING NO.2003-26;AMENDING CH.102(SIDEWALKS) Page 1 WYLIE CITY COUNCIL AGENDA ITEM NO. December 9, 2003 Issue Consider and act upon an ordinance amending Chapter 102 "Streets, Sidewalks and Other Public Places" establishing rules and regulations governing persons responsible for sidewalk maintenance and repair. Background During the October 14 City Council meeting, staff presented an ordinance which would place the responsibility of sidewalk maintenance and repair on the adjacent property owner. Typically, municipalities require the adjacent property owner to be responsible for maintenance and repair, the theory being that the property owners use the property and should therefore maintain it. At that time, the Council tabled the item and requested staff to bring back additional infoimation including estimates for the cost to repair sidewalks citywide. Staff evaluated sidewalks 5 (five) years and older, as well as identifying areas without sidewalks. Existing sidewalks in need of maintenance were divided into 3 (three) categories based on the type of maintenance issues. General assumptions were made and costs estimates, per linear foot, were calculated. All cost estimates are intended to reflect minimum costs, and do not include situations that will be unique to every project, i.e. tree removal, irrigation replacement/repair, etc. Total linear feet identified in need of repair is 16,625' at a minimum cost of $1,144,375. Excluding commercial and industrial areas, and major roads, there are approximately 53,550 linear feet of areas without sidewalk. The cost to construct sidewalks in these areas is estimated to be at least $1,071,000. Please find attached a memo from Jack Jones which further identifies the categories of sidewalks, as well as providing pictures as examples. Also attached is a summary of sidewalk regulations from several municipalities. Other Considerations N/A Financial Consideration The 1999 Bond Election set aside $500,000 for sidewalks, which has not yet been issued. Discussion regarding the future use of the bond funds has centered on the proposed construction of new sidewalks to provide links, as opposed to the maintenance of existing sidewalks. Board/Commission Recommendations N/A Staff Recommendations N/A Attachments Memo —Jack Jones Summary of various municipal codes Ordinance Prepared by Reviewed by Finance City Manager Approval Flower Mound Sec. 58-33. Notice to reconstruct a repair. Any sidewalk, alley, driveway or curb which has become defective, unsafe and hazardous is hereby declared a nuisance, and it shall be the duty of the owner of the property abutting such sidewalk, alley, driveway or curb, or his agent, to reconstruct or repair such sidewalk, alley, driveway or curb, in accordance with the standard specifications of the town. Such expense shall be borne by the abutting property owner or whoever created the condition. The failure of any owner or the agent of any owner to reconstruct or repair any such sidewalk, alley, driveway or curb ordered to be reconstructed or repaired by the town's engineering department shall be punishable as provided in section 1-13 of this Code. (Code 1989, ch. 7, § 3.03) Mesquite Sec. 15-44. Repair of defective, etc., sidewalk, etc., by abutting property owner; notice to repair; failure to comply with notice. When a sidewalk, driveway, curb, gutter or appurtenance becomes defective, unsafe or hazardous, it shall be the duty of the owner of the abutting property to reconstruct or repair same, and the expense of such work shall be borne by the abutting property owner. When a sidewalk, driveway, curb, gutter or appurtenance is found to be defective, unsafe or hazardous, the building official shall notify the owner of the abutting property to reconstruct or repair same. (Code 1960, § 15-27; Ord. No. 2930, § 1, 10-18-93) Grand Prairie Sec. 29-113. Maintenance of the sidewalk and right-of-way. In all provisions of this Code relative to the responsibility of a homeowner, lessor, lessee, resident, etc. of property within the city, it shall be the responsibility of a homeowner, lessor, lessee, and/or resident of any such premises to maintain the sidewalk and all areas of the property, including the curb and all right-of-way, in a safe and efficient manner. Whenever any provision of this code shall provide that any property shall be maintained, it is to be read to include all such area, including the buildings, the property, the adjacent right of way and sidewalk, and the surface of all easements, and such persons shall do nothing that would prevent the purpose and all incidental uses of such easements. (Ord. No. 6234, § 4, 3-21-00) Richardson Sec. 20-11. Hazardous driveways, curbs, gutters, etc., to be repaired. When a sidewalk, driveway, curb, gutter or appurtenance becomes defective, unsafe or hazardous, it shall be the duty of the owner of the abutting property to reconstruct or repair same and the expense of such work shall be borne by the abutting property owner. When a sidewalk, driveway, curb, gutter or appurtenance is found to be defective, unsafe or hazardous, the chief building official shall notify the owner of the abutting property to reconstruct or repair same. Any owner who fails to reconstruct or repair such defective, unsafe or hazardous condition within 30 days from the date of the written notice from the chief building official to do so shall be guilty of a misdemeanor. (Code 1966, § 20-6) Sec. 20-8. Liability of abutting property owners and special users. (a) The abutting property owner or person enjoying the use of any property abutting on a sidewalk or curb that has become defective and has resulted in causing damage or injury as a result of such defective condition shall be primarily liable in damages for any loss or damage sustained as a result of such defective condition. The city shall not be held as assuming any such liability by reason of inspection or reinspection authorized in this chapter or by reason of the approval or disapproval of any access, facilities, surfacing, or appurtenances not made in accordance with standards or specifications of this chapter. (b) It shall be the duty of any property owner, landlord, tenant, lessee, sublessee or person making special use of any sidewalk or curb for the purpose of ingress or egress, for loading elevators, downspout drains or any other special use of whatsoever kind or character, whether recited in this article or not, to keep such sidewalk, parkway, curb and driveway abutting such property in a good and safe condition and free from any defects and hazards of whatsoever kind and character. Such special user shall be liable in damages for any loss or damage sustained as a result of any defective condition of the sidewalk, driveway, curb, loading elevator, downspout drain or any other special use or facility of whatsoever kind or character. Allen Sec. 13-3. Sidewalk maintenance; homeowners participation in cost. (a) The official policy of the City of Allen shall be that owners of property situated within a zoning district of the city other than single-family residential and adjacent to and abutting sidewalks that are in need of repair, maintenance, replacement or reconstruction, are responsible for all the costs associated therewith. The city will participate, upon the terms and conditions adopted pursuant to subsection (c) hereof, with owners of property situated within a single-family residential zoning district of the city in the repair, maintenance, replacement or reconstruction of sidewalks adjacent to and abutting such property and requiring same. (b) In the event any property owner in the city is unwilling to participate voluntarily in the repair, replacement or maintenance of a sidewalk that is determined by the city council to be a hazard to the public safety and welfare, the city council shall undertake involuntary assessment proceedings to affect the necessary repairs. (c) The property owner and the city shall each be responsible for fifty (50) percent of the total repair and/or replacement costs, including costs of labor, material, equipment, engineering and inspection services. The procedures and forms for maintenance, repair, and replacement of sidewalks within single-family residential zoning districts of the city, as such procedures and forms are set forth on exhibit "A" hereto, made a part hereof for all purposes, are hereby approved and adopted by the city council. (Ord. No. 1286-9-94, §§ 1--3, 9-15-94) Garland Sec. 31.134. Duty to keep sidewalks in safe condition. It shall be the duty of any abutting property owner to keep the sidewalk, parkway, curb and driveway abutting such property in a good and safe condition, free from any defects and hazards of whatsoever kind and character. By way of example and not of limitation, a sidewalk is hazardous if it contains a separation of line and grade in excess of three (3) inches between adjacent sections of sidewalk or if it contains surface deterioration to such an extent that it may not be safely negotiated by a person in a two (2) inch heeled shoe. Sec. 31.135. Liability for damages resulting from defective sidewalks. The abutting property owner or person making a special use of a sidewalk or enjoying the use of any property abutting on a sidewalk or curb that has become defective or hazardous and has resulted in causing damage or injury as a result of such defective or hazardous condition shall be primarily liable in damages for any loss or damage sustained as a result of such defective or hazardous condition. The City shall not be held as assuming any such liability by reason of inspection of any sidewalk or providing notice as authorized in this article. Sec. 31.136. Notice to reconstruct or repair. Any sidewalk, parkway, driveway or curb which has become defective or hazardous is hereby declared a nuisance and it shall be the duty of the owner of property abutting such sidewalk, parkway, curb or driveway to reconstruct or repair such sidewalk, parkway, curb or driveway in accordance with the standard specifications of the City and such expense shall be borne by the abutting property owner. The failure of any owner or the agent of any owner to reconstruct or repair any such sidewalk, parkway, curb or driveway within thirty (30) days from receipt of a notice to repair from the Engineering Department shall constitute an offense. Sec. 31.137. Repair by City; costs to be a lien against abutting property and owner personally liable for costs. If any person fails or refuses to comply with the provisions of Section 31.136 within the time limits specified therein, the City may in its discretion, but assumes no duty to, go upon such property and do or cause to be done the work necessary to obtain compliance with this article. The expense so incurred by City in correcting the condition shall be a personal obligation of the owner of the abutting property. In the event the owner fails or refuses to pay such expense within thirty (30) days after the work was done, the City shall file with the Clerk of the county where the property is located a statement of the expense incurred in correcting the condition of the property. When such statement is filed, the City shall have a privileged lien on such property, second only to tax liens and liens for street improvements, to secure the payment of the amount so expended. Such amount shall bear interest at the rate of 10% per annum from the date the City incurs the expense. For any such expenditure and interest and reasonable attorneys fees, suit may be instituted and recovery and foreclosure had by the City. Nothing herein shall inhibit the right of the City to make immediate repair of any condition considered to be of unusual and immediate danger to persons or property. In such instance, the Director of Engineering shall send an invoice for expenses incurred in the repair of such condition to the owner of the abutting property, and within ten (10) days the owner shall have the right to a hearing on the matter of the reasonableness of the action and cost of repair. The owner shall pay the reasonable expenses as determined by the Director. In the event the owner fails or refuses to pay such expense within thirty (30) days after notice of the reasonable charge by the Director of Engineering, the City shall follow the procedure written above to perfect a lien on such property, which lien shall have the same character as written above. Sec. 31.138. City participation in sidewalk/curb and gutter reconstruction. The City may participate in the reconstruction provided monies are available for this program from bond funds. If monies are available, City participation in the cost of improvements will be on a 50/50 basis with the abutting property owner as provided for in Section 31.76. If the property owner's share of the cost of improvements is equal to or greater than $1,000.00, payment may be made in not more than thirty-six (36) equal monthly payments at an interest rate not to exceed the maximum interest rate allowed by State law as provided for in Section 31.77. DeSoto Sec. 3.1105 Maintenance of Public Rights-of-Way and Easements (a) Maintenance of Public Rights-of-Way. (1) Any owner, occupant or tenant of any lot or parcel of land located within the city shall maintain or cause to be maintained the area of land located between the property line of the lot, tract or parcel and the adjacent curb, and if no curb exists, then to a line ten (10) feet from the edge of the street pavement toward the property line. (2) Any owner, occupant or tenant of any lot or parcel of land located within the city shall maintain or cause to be maintained the area of land located between the property line of the lot, tract or parcel and the edge of the adjacent alley pavement. (3) Any owner of property abutting on a public street and sidewalk shall clean and maintain in good repair the sidewalk and any driveway approach apron crossing the sidewalk. (4) The owner of property which abuts on any public street, sidewalk or driveway approach apron shall be liable for any injury or damage arising from a defect or defects caused by any act of omission, failure or negligence relative to the maintenance or repair of such sidewalk or driveway approach apron crossing such sidewalk. Lancaster Sec. 3.903 Liability (a) Abutting Owner's Liability. The abutting property owner or person, firm or corporation enjoying the use of any property abutting on a sidewalk or curb that has become defective and has resulted in causing damage or injury as a result of such defective condition, shall be primarily liable in damages for any loss or damage sustained as a result of such defective condition. The city shall not be held as assuming any such liability by reason of inspection or reinspection authorized herein or by reason of the approval or disapproval of any access, facilities, surfacing or appurtenance not made in accordance with standards or specifications of this article. WYLIE CITY COUNCIL AGENDA ITEM NO. 1. August 10, 2004 Issue Consider and act upon acceptance of the withdrawal of a request for a Special Use Permit (SUP) for a Telecommunications Tower,subject property being located at 713 Cooper Drive,and being part of Lot 3,Block A of Wylie Industrial Park Addition, City of Wylie Collin County, Texas. (Zoning Case 2004-01) Public Hearing was continued from the March 23,2004 Council meeting. Background This item was tabled by City Council at the March 23,2004 meeting,and the Public Hearing continued in order to allow the applicant time to provide additional documentation concerning the availability of alternative sites. Subsequently,the applicant requested and has been granted(ZC 2004-12)a Specific Use Permit for a tower and antenna on another tract. Council is asked to remove the request from the table and accept the withdrawal. 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. Four(4) Comment Forms have been returned representing eight (8) parcels within the notification area, three (3) favoring and five(5)opposing the request. This negative response of twenty(20)percent or more of the land within the notification area requires an affirmative vote of seventy-five(75)percent of the City Council in order to approve the request. Board/Commission Recommendation At the March 16, 2004 Planning and Zoning Commission meeting, the Commission voted 6-1 to recommend denial of Zoning Case#2004-01. At the July 6,2004 Planning and Zoning Commission meeting,the Commission voted to recommend approval of Zoning Case#2004-12,allowing an SUP for a tower an antenna at another location. That request was approved by the City Council on July 27,2004 Staff Recommendation Remove the request from the table and accept the withdrawal. Attachments Letter of Withdrawal Prepared by Reviewed by Finance City Manager Approval ORDINANCE NO. 2004-26 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS REPEALING ORDINANCE NO. 2003-26; PROVIDING FOR REPEALING, SAVINGS, AND SEVERABILITY CLAUSES; PROVIDING AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("Cit) Council") has investigated and determined that it would be beneficial and advantageous to the citizens of the City of Wylie, Texas ("W)lie")to repeal Ordinance No. 2003-26. 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 full)set forth herein. SECTION 2: Repeal Ordinance No. 2003-26. Wylie Ordinance No. 2003-26 is hereby repealed in its entirety. SECTION 3: Savings/Repealing Clause. Chapter 102 of W.)lie's Code of Ordinances shall remain in full force and effect, save and except as amended by this or any other Ordinance. 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. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 4: Severabilit). 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 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 or invalid. SECTION 5: Effective Date. This Ordinance shall become effective from and after its adoption. PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 10th day of August, 2004. JOHN MONDY, Mayor ATTEST: CAROLE EHRLICH, City Secretary Date(s) of Publication 8-18-04 ORDINANCE NO.2004-26 REPEALING NO.2003-26;AMENDING CH.102(SIDEWALKS)—Page 1 WYLIE CITY COUNCIL AGENDA ITEM No. 2. August 10, 2004 Issue Consider and act upon an appointment to the Parks and Recreation Board, to fill an unexpired term. Background Article VIII, Section 2B of the City Charter authorizes the City Council to appoint a Parks and Recreation Board to advise the Council in carrying out its various duties regarding planning and development of parks and recreation facilities and regulations governing their use. Members of the board shall be appointed for two (2) year terms with three (3) members' terms expiring in even number years and four (4)members' terms expiring in odd-numbered years. Jamie Van Eaton was appointed to finish the two (2) year term of Larry Bowles on the Parks and Recreation Board February 23, 2004. Mrs. Van Eaton resigned from the Board July 21, 2004 citing personal conflicts with other family activities for her reason to resign. The City Secretary maintains a file of citizens interested in serving on various City boards and commissions. Financial Considerations None. As required by City Charter, Commission members are not compensated for their service. Other Considerations 1. The new appointee will serve the term expiring in June, 2005. 2. The Council Interview Panel will make a recommendation to Council, based on the interviews conducted in May 2003. Board/Commission Recommendation N/A Staff Recommendation That Council accepts the Interview Panel's recommendation. Attachments Copy of resignation letter Current members of the Parks and Recreation Board, with terms of appointments New applications Prepared by Reviewed by Finance City Manager Approval Message Page 1 of 1 Original Message From: Jamie Q [mailto:cleochatra2000©yahoo.com] Sent: Tuesday, July 20, 2004 8:05 PM To: rdiaz@ci.wylie.tx.us Subject: Resignation of my board position To whom it may concern; I would like to tender my resignation for the Parks and Recreation Board at this time. As you probably already know, my family is very involved in both Cub Scouting and Boy Scouts, and the Boy Scout meetings are at the same time as P&R meetings (as BSA meets every Monday night). Adult volunteers in these vital leadership roles in Cub Scouting and Boy Scouting are very few; for this reason, it is more important that I involve myself only in Scouting at this time, especially knowing there are many others who are extremely able to fulfill my position on the P&R board, while positions such as committee chair and cub master are not so easily filled within the BSA. Had I thought I could benefit the board while at the same time benefiting the determination of my family to support Scouting, I would gladly do so. Thank you for the opportunity to serve on this great board. I will endeavor to make my contribution through living the life of a Scouting mother, and in supporting my husband and, in turn, Wylie youth, as they involve themselves in Scouting. Sincerely, Jamie VanEaton PS, I'll return my P&R information and binder this week. file://L:AAgenda Packets\Agenda Packets 2004\08-August\08-10-2004\Park board -resignation Van... 3/7/2008 WYLIE CITY COUNCIL AGENDA ITEM NO. I August 10, 2004 Issue Consider and Act Upon Resolution#2004-19(R),accepting the proposed Ad Valorem Tax Rate of$0.695 per $100 valuation,call for the Public Hearing on the tax rate for August 31,2004,and accept the Calculation of an Effective Tax Rate for Fiscal Year 2004-2005. Background In accordance with the"Truth in Taxation"laws of the State of Texas,notices must be published and a public hearing must be held if an entity's proposed tax rate exceeds 103 percent of the effective tax rate. Therefore,the City is required to vote on the proposed tax rate and publish the results of the roll call vote at least seven(7)days prior to the first scheduled public hearing on August 31. The purpose of the first public hearing is to give the taxpayers an opportunity to express their views on the increase. The Council may not adopt the tax rate at this hearing. Instead, at the end of the hearing,it must set and announce the date,time and place of the meeting at which it will vote on the final proposed tax rate. The second public hearing on September14th to vote on the tax rate must take place no less than three(3)days and no more than fourteen(14)days after the first public hearing. The official detailed effective tax rate calculation is available in the office of the Collin County Tax Assessor/Collector(Kenneth L. Maun)in McKinney. A copy is also maintained in the Finance Department for the Council and public to view. Financial Considerations The proposed budget is based on the proposed tax rate of$0.695 per$100 valuation. This is the rate previously discussed by the Council. Any change in the proposed rate will require revision of the proposed budget. Other Considerations None Staff Recommendation It is recommended that the City Council approve the proposed tax rate and schedule the next required public hearing on the tax rate for August 31,2004. Attachments Resolution#2004-19 (R)Reporting Record Vote 2004 Property Tax Rates in the City of Wylie and Effective Tax Rate Calculation Prepared by Reviewed by Finance City Manager Approval RESOLUTION NO. 2004-19 (R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ACCEPTING THE PROPOSED PROPERTY TAX RATE FOR FISCAL YEAR 2004-2005; ACCEPTING THE CALCULATION OF AN EFFECTIVE TAX RATE; ESTABLISHING A DATE FOR PUBLIC HEARING ON THE PROPOSED PROPERTY TAX RATE; AND PROVIDING FOR THE PUBLICAITON AS PROVIDED BY THE TEXAS PROPERTY TAX CODE WHEREAS, the City of Wylie has received the calculated effective tax rate as presented by the Collin County Tax Assessor/Collector's Office; and WHEREAS, the proposed tax rate exceeds 103 percent of the effective tax rate and the Statute requires an additional public hearing in order to entitle the City Council to consider acceptance and adoption of an ordinance levying a proposed tax rate of$0.695 per$100 valuation; and WHEREAS, the Texas Property Tax Code Chapter 26, as heretofore amended, provides the specific procedures in which to consider the proposed tax rate; NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Wylie, Texas, SECTION 1. The City Council of the City of Wylie, Texas, does hereby accept the rate of $0.695 per$100 valuation as the proposed property tax rate for fiscal year 2004-2005. SECTION 2. The City Council of the City of Wylie, Texas, met in a public meeting on August 10, 2004, and accepted this resolution with a majority vote as follows: Mayor John Mondy YEA NAY ABSTAIN ABSENT Mayor Pro Tem Eric Hogue YEA NAY ABSTAIN ABSENT Councilmember Reta Allen YEA NAY ABSTAIN ABSENT Councilmember J.C. Worley YEA NAY ABSTAIN ABSENT Councilmember Merrill Young YEA NAY ABSTAIN ABSENT Councilmember Earl Newsom YEA NAY ABSTAIN ABSENT Councilmember Chris Trout YEA NAY ABSTAIN ABSENT SECTION 3. A public hearing shall be held on August 31, 2004, at 6:00 p.m. in the City Council Chambers at the Wylie Municipal Complex, 2000 Highway 78 North, Wylie, Texas, to receive public comment regarding the proposed tax rate. SECTION 4. The content and vote taken on this resolution shall be published in the official newspaper of the City as provided by the Texas Property Tax Code. DULY RESOLVED by the City Council of the City of Wylie, Texas, on this the 10th day of August 2004. John Mondy, Mayor Carole Ehrlich, City Secretary WYLIE CITY COUNCIL AGENDA ITEM NO. 4. August 10, 2004 Issue Consider and act upon authorizing the City Manager to enter into a Reimbursement Agreement with the Allegheny Land Company for improvements of a park in Meadowview Estates, in an amount not to exceed $62,700. Background The developer of Meadowview Estates, located directly east of Pointe North, has requested that the City Council consider entering into a reimbursement agreement whereby the developer would further improve the park in the subdivision with irrigation and landscaping, and be reimbursed by the City. The approved subdivision for Meadowview Estates includes a public park which runs parallel to the Cottonbelt rail line from Ballard Street, and the through the neighborhood to the west. The developer is currently installing an 8' hike and bike trail in the park. The trail, coupled with the initial dedication of the parkland, is satisfying the requirements of the Parkland Dedication Ordinance. The City entered into a similar agreement for the development of a 14 acre park in Creekside Estates. Other Considerations N/A Financial Consideration The proposed improvements to Meadowview Estates were originally included within the Parks Departments FY 04/05 General Fund budget requests, but were eliminated during the review process at the staff level. Funding is available however, through the 4B Budget in either FY 03/04 or FY 04/05 due to increased sales tax revenue should the Council wish to move forward with the proposal. Board/Commission Recommendations The Park Board reviewed the parkland dedication and improvements for Meadowview Estates in August 2003. Staff Recommendations N/A Attachments Letter from Allegheny Land Company Meadowview Estates plat Prepared by Reviewed by Finance City Manager Approval