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10-12-2004 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA TUESDAY, OCTOBER 12, 2004 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 CALL Tit ORRDER INVOCATIOhT&PLEDGE OP ALLEGIANCE PROCLAMATIO1 &P' SEN' ATIO • Presentation to Star Students for the character trait of"Responsibility" ITI2 ENS PARTICIPATION. CONS NT GENDP� l nmatters late.under the Consent Agenda are considered to be routine by the City Couned and will be ena by .one motion 'were wilt.not be separate disCussi©n of these items If discussion is desired,that t wilt be removed. from th Consent Agenda and wi l be icon a e d sepnr teiy A. Approval of the Minutes from the regular City Council Meeting of September 28, 2004. B. Consider and act upon a request from the Wylie Seniors Program and Teens that Care to sell admission to the Haunted Tunnel at the Bart Peddicord Community Center on October 28, 2004. C. Consider and act upon a request by WISD to waive Section 3.2.B of the Subdivision Regulations requiring alleys in residential districts and to allow residential lots to face W.A. Allen in accordance with Sections 3.1.1 and 3.6.B of the Subdivision Regulations. 'ND1' IDU:8 CONS L E 2 MON 1. Hold a public hearing and act upon a change in zoning from Agriculture (A) District to Planned Development (PD)District for single-family residential development. (Zoning Case No. 2004-20) Executive Summary The subject property totals 100.0994 acres. The property is zoned Agriculture (A) and has never been platted or developed. The applicant is requesting rezoning to a Planned Development District in order to develop a single-family residential subdivision comparable to the existing neighboring residential trends but differing somewhat from the standard requirements of the Zoning Ordinance.The proposal does closely conform to the density recommendations of the Comprehensive Plan,and offers significant public park amenities designed to be accessible to a greater number of neighbors. The proposal provides for the dedication of the sensitive Muddy Creek ecosystem as well as the extension of the Lakefield Drive collector street. Staff agrees that this philosophy is worth some degree of trade-off and balance by some smaller size of lots and houses.However,the magnitude of the proposed trade-off offered is too drastic a departure from both the current requirements of the Zoning Ordinance and the pattern of existing development in the vicinity to accept. At the October 5, 2004 meeting, P&Z voted 6-1 to recommend approval with changes noted in the Planned Development Conditions. 2. Consider and act upon an ordinance to increase water utility rates sufficient to recover the wholesale price increase from North Texas Municipal Water District. Executive Summary The City of Wylie purchases water from the North Texas Municipal Water District(NTMWD)at$.92 per thousand gallons. NTMWD notified the City on July 30,2004,that the rate would be increased by$.05 per thousand gallons. The new rate of$.97 per thousand will be effective October 1,2004.Staff recommends approval of the ordinance to increase rates. 3. Consider and act upon the Transfer and Conveyance of a Wastewater Line and Easement. Executive Summary During the platting process for the Woodbridge Golf Course in 1999, the City of Wylie acquired an easement in anticipation of the construction of the new Wastewater Treatment Plant. The City installed the pipe at that time in order to avoid the future disruption of the developed golf course. Because the new Treatment Plant is regional in nature and this line will also carry flow from the City of Murphy,the North Texas Municipal Water District(NTMWD)will take ownership of this easement,plus additional easements which will connect this area to the Plant. The City of Wylie has been compensated by NTMWD for the costs associated with construction. EMON. OF ORDINANCE ` `ITLE' CAPTION APPROVED BY COUNCIL AS RE UIRED BY YLIE CITY CHARTER,ARTICLE ,SECTION 1 ) hi addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session,those exceptions will be specifically identified and announced. Any subsequent action,as a result of this Executive..`k((oibw ,,pp� ksaken and recorded in open session. I certify that this Notice of Meeting w ist$d°on this►til c(i>61 October,2004 at 5:00 p.m. as required by law in accordance with Secti 51.042 of th xas GovOn it C e an that#111Tpropriate news media contacted. As a courtesy,this agenda is also p to the City f ylie Welzite atwvsyr. le.t .us �oy Carole hrlich,City S y • • Date Notice Removed The Wylie Municipal Complex is Wheelcha aFCcis$i ile§ tL�pretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the ehY)S�ff }s office at 972/442-8100 or TD 972/442-8170. CITY OF WYLIE Item No. B. City Sec;etczrv's Z;'se Only COUNCIL AGENDA ITEM MEETING FOR: Regular Meeting of: October 12, 2004 Other: Consent x Department: Parks and Recreation Department Prepared By: Robert Diaz Date Prepared: October 5, 2004 Exhibits: Vendor Registration Form AGENDA SUBJECT: Consider and act upon a request from the Wylie Seniors Program and Teens that Care to sell admission and drinks to the Haunted Tunnel at the Bart Peddicord Community Center on October 28, 2004. RECOMMENDED ACTION: Approval. SUMMARY: The staff at the Bart Peddicord Community Center with the assistance of volunteers had a small haunted tunnel and game booths in 2002. In 2004, the Parks and Recreation Department has budgeted funds and is coordinating with the same volunteers from 2002 and 2003 to provide the haunted tunnel at the community center. All profits raised by this event will go the Wylie Seniors Fund, a fund that is set up through the community center to fund senior events/activities. In addition, this event will add another activity to the downtown trick or treat event that will take place on Thursday, October 28, 2004. The Parks and Recreation Board approved the request at their September 27, 2004 regular meeting. 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. Section 78-150 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale, vend, peddle, sell or offer to sell any cold drinks, cigars, tobaccos, cigarettes, fruits, candies, goods, wares or merchandise of any kind or nature whatsoever within the city park or recreation or community center facility; provided, however, that this section shall not apply to any person, organizations, filiiis or corporations, or the agents of any person, or organization, film or corporation, or employees of any person who are recommended by the parks and recreation board and approved by the city council to operate a concession or concessions for the sale of specified goods, wares, and merchandise within the city park or recreation or community center facilities of the city. APPROVED BY: Initial Date Department Director: RD \ 10-05-04 City Manager: A 1 CITY RFtYLIEI It II11III6l0lili I1�lill IIII��IIIIIIIIII�Iliilllll'lli�lll�'ll�ll CITY OF WYLIE PARKS AND RECREATION VENDOR REGISTRATION FORM NAME OF GROUP,ORGANIZATION,INDIVIDUAL,ETC. EVENT INFORMATION Name Haunted Tunnel Location BP Communtiy Center Address 100 W.Oak Wylie Texas 75098 Date(s) Thursday,October 28,2004 Phone No. 972-442-8119 Start Time 7:00 PM Alternate Phone No. End Time 9:30PM Contact Person Name Robert Diaz Number of Individuals Vending Items Address Target Audience adults/kids Phone No. Anticipated Number in Attendance at Event 5-700 Alternate Phone No. Specific Items to be Sold admission to tunnel, Emergency Contact Name and drinks. Sponsored by the Wylie Seniors and Address Teens that Care. Proceeds will go the Wylie Senior Fund. Phone No. Alternate Phone No. Helpful Information The City of Wylie has an exclusive contract that allows the sale of only Pepsi products within all park, recreation,community center facilities, and other city facilities. If food is prepared on-site or if food is prepared off-site and brought to the location to be sold,the vendor must contact the City Inspections Office at 972-442-8150 in order to obtain a Health Permit prior to the sale of such products. An Inspector must examine the food preparation and food storage equipment to assure the health and safety of customers. Section 78-150 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale,vend, peddle, sell or offer to sell any cold drinks, cigars, tobaccos, cigarettes, fruits, candies, goods, wares or merchandise of any kind or nature whatsoever within the city park or recreation or community center facility; provided, however, that this section shall not apply to any person, organizations, firms or corporations, or the agents of any person, or organization, firm or corporation, or employees of any person who are recommended by the parks and recreation board and approved by the city council to operate a concession or concessions for the sale of specified goods,wares, and merchandise within the city park or recreation or community center facilities of the city. CITY OF WYLIE Item No. C. City Sec;etczrv's Z;'se Only COUNCIL AGENDA ITEM MEETING FOR: Regular Meeting of: October 12, 2004 Other: Consent X Department: Planning Prepared By: Renae' 011ie Date Prepared: October 5, 2004 Exhibits: Location Map AGENDA SUBJECT: Consider and act upon a request by WISD to waive Section 3.2.B of the Subdivision requiring alleys in residential districts and to allow residential lots to face W.A. Allen in accordance with Sections 3.l of the Subdivision Regulations. RECOMMENDED ACTION: Staff recommends approval SUMMARY: • Preliminary Plat was received on 09/29/04 for review • WISD has determined that strip along WA Allen is surplus and can be sold for revenue • Plat creates 6 residential lots, each exceeding 10,000 square feet • The Zoning Ordinance discourages street facing garages and access drives • Staff recommends "J" drives • No parking allowed on WA Allen Blvd • Lots front WA Allen in the surrounding area • Applicant to construct a continuous 15' sewer easement along frontage of each lot • Staff supports request, as alley would be short and open to WA Allen Blvd. APPROVED BY: Initial Date Department Director: RO \ 10/05/04 City Manager: A 1 CITY OF WYLIE Item No. 1. City Sec;etczrv's Zile Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: October 12, 2004 Other: Department: Planning Prepared By: Mary Bradley Date Prepared: October 5, 2004 Exhibits: 7 AGENDA SUBJECT: Hold a public hearing and act upon a change in zoning from Agriculture (A) District to Planned Development (PD) District for single-family residential development. (Zoning Case No. 2004-20) RECOMMENDED ACTION: Staff recommends denial. At the October 5, 2004 meeting, P&Z voted 6-1 to recommend approval with changes noted in the Planned Development Conditions. SUMMARY: The subject property totals 100.0994 acres. The property is zoned Agriculture (A) and has never been platted or developed. The applicant is requesting rezoning to a Planned Development District in order to develop a single-family residential subdivision comparable to the existing neighboring residential trends but differing somewhat from the standard requirements of the Zoning Ordinance. 40% of the subject property is occupied by the floodplain of Muddy Creek, including the Muddy Creek Reservoir, and therefore is not developable for urban uses. Notification Responses — 4 written responses in favor, 1 response against. Requires simple majority to approve. APPROVED BY: Initial Date Department Director: CT \ 10-5-04 City Manager: A 1 AGENDA SUBJECT: Hold a public hearing and act upon a change in zoning from Agriculture (A) District to Planned Development (PD) District for single-family residential development. (Zoning Case No. 2004-20) SUMMARY (Continued): Conditions of PD • Limits development to 225 residential lots. • Minimum lot size of 6,000 square feet on 40% of the lots, 40% must be 7,200 square feet and 20% must be 8,400 square feet. • Minimum lot width of 50 feet at the building line. At least 50% of the lots shall have minimum 60 feet width. • Minimum interior side yard setbacks are to be 5 feet. • Minimum dwelling size is 1,900 square feet with 35% of the total homes being 2,100 square feet or larger and 15% being not less than 2,400 square feet. • Alleys are not required within the PD. • A minimum of 15% of the lots will have swing drives and all corner lots with the exception of lots facing Lakefield will have side entry garages. Comp Plan • Recommends approximately 90% Suburban Residential (10K — 30K lots) and 10% Country Residential (1 acre) but all of this area is within the Muddy Creek reservoir and not developable. Does not conform to the recommendations of the adopted Comprehensive Plan. Other issues to consider: • The proposal does closely conform to the density recommendations of the Comprehensive Plan, and offers significant public park amenities designed to be accessible to a greater number of neighbors, and offers the extension of the Lakefield Drive collector street. Staff agrees that this philosophy is worth some degree of trade-off and balance by some smaller size of lots and houses. However, the magnitude of the proposed trade-off offered is too drastic a departure from both the current requirements of the Zoning Ordinance and the pattern of existing development in the vicinity to accept. • This PD offers significant public open space at no public acquisition cost, in trade for residential lots which are significantly smaller than allowed by Zoning, and thereby achieve an overall residential density closer to that recommended by the Plan. The overall density allowed by the PD is 2.3 lots per acre. Therefore, the PD appears justified in order to accomplish the density goal recommended by the Comprehensive Plan. • PD dedicates 43.76 acres for public parkland, including the Muddy Creek Reservoir. The developer also proposes to either construct or to escrow funds for the construction of two trail heads. The owner cannot be required to donate this land to the City (floodplain is not normally acceptable for park dedication), but the applicant is offering this open space specifically as a trade for the proposed smaller lots and higher density. It is uncertain when and how the corridor could be otherwise acquired, and the Park and Recreation Board has accepted this proposal (see attached letter). 2 AGENDA SUBJECT: Hold a public hearing and act upon a change in zoning from Agriculture (A) District to Planned Development (PD) District for single-family residential development. (Zoning Case No. 2004-20) SUMMARY (Continued): • Extends Lakefield Drive (which currently dead-ends at the Lakeside Estates subdivision) eastwardly to connect with a future realigned Country Club Drive (F.M. 1378)just north of F.M. 544. This extension (and its added cost) will be required for any development of the subject tract regardless of its final density, in order to provide needed emergency access to 430 existing homes within Lakeside Estates and Wooded Creek as well as for the proposed development. This PD must construct approximately 1,150 feet of Lakefield, including 640 feet beyond its subject property, but will not be responsible for any of the Country Club realignment/improvement. • At its August 3, 2004 meeting, the Planning and Zoning Commission recommended approval of a similar request by the same applicant on the subject property. That earlier decision by the Commission acknowledged the existing trends in smaller lot and house sizes within neighboring developments, but encouraged some increase in house sizes. The recommendation also reflected accepted of the applicant's concept that the significant additional open space reduced the effective density of the proposal to an acceptable comparison to that recommended by the comprehensive Plan. However, the City Council denied the request at their August 24, 2004 meeting, preferring instead larger lots and houses and considering the proposed dedication of floodplain as public parkland to be unacceptable. ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2004-20, TO PLANNED DEVELOPMENT (PD) DISTRICT ALLOWING FOR SINGLE- FAMILY RESIDENTIAL DEVELOPMENT OF VARIED DENSITIES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Planned Development (PD) District for residential uses in accordance with development requirements described in the Conditions described in Attachments "B" and "C", attached hereto and made a part hereof, said property being described in Exhibit"A". SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 12th day of October, 2004. By: John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary EXHIBIT "A" LEGAL DESCRIPTION ZC #2004-20 BEING a tract of land situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie Collin County, Texas, the subject tract being a portion of that 27.44 acres tract conveyed to Paul P. Taylor and Laverne C. Taylor according to the warranty deed recorded in Volume 645, Page 470 of the Land Records Of Collin County, Texas (LRCCT), and part of a 100.3287 acre tract of land being conveyed by deed to J.L. Brand and Dorothy S. Green, recorded in Volume 1376, Page 94, Deeds Records, Collin County, Texas(D.R.C.C.T.), the subject tract being more particularly described as follows; BEGINNING at a point on the south line of said Paul P. Taylor tract and on the north line of Lakeside Estates Phase III, an addition to the City Of Wylie recorded in Cabinet N, Page 303 (LRCCT), said point further being the southeast corner of a tract of land conveyed to Calvin E. Lemmon and wife, Patricia M. Lemmon according to the warranty deed recorded in Volume 864, Page 279 (LRCCT), a tree found at corner and 2.2 feet northerly of a concrete curb, and from which a fence post bears N 13° 57' W, a distance of 4.0 feet and a power pole bears N 64° 48" W a distance of 2.3 feet, said beginning point further being 92.63 feet from the northwest corner of said Lakeside Estates Phase III addition; THENCE N 00°6'57" W a distance of 603.75 feet to a point for corner; THENCE N 89°48'57" W a distance of 347.22 feet to a point for corner; THENCE N 00°10'10" E a distance of 482.91 feet to a point for corner; THENCE S 89°56'53" E a distance of 1506.48 feet to a point for corner; THENCE N 00°3'27" W a distance of 414.70 feet to a point for corner; THENCE N 89°58'48" E a distance of 1003.75 feet to a point for corner; THENCE S 03°57'09" W a distance of 262.15 feet to a point for corner; THENCE a tangent curve to the right having a central angle of 53°29'59" a radius of 353.88 feet and an arc length of 330.44 feet with a chord bearing of S 30°42'08" W-318.56 to a point for corner; THENCE S 59°35'51" W a distance of 380.66 feet to a point for corner; THENCE S 50°01'11" E a distance of 341.98 feet to a point for corner; THENCE S 30°28'03" E a distance of 576.21 feet to a point for corner; THENCE S 52°59'38" E a distance of 445.07 feet to a point for corner; THENCE N 89°55'29" E a distance of 81.92 feet to a point for corner; THENCE S 00°04'31" E a distance of 1006.63 feet to a point for corner; THENCE S 86°38'09" W a distance of 540.83 feet to a point for corner; THENCE a tangent curve to the right having a central angle of 09°11'25" a radius of 5679.58 feet and an arc length of 911.01 feet with a chord bearing of N 88°46'08" W-910.03 to a point for corner; THENCE N 84°10'26" W a distance of 51.04 feet to a point for corner; THENCE N 02°55'23" E a distance of 567.94 feet to a point for corner; THENCE N 89°58'54" E a distance of 221.85 feet to a point for corner; THENCE N 02°00'52" E a distance of 656.50 feet to a point for corner; THENCE N 89°57'29" W a distance of 1420.05 feet to the place of beginning and containing 4357950 square feet or 100.0448 Acres of land. EXHIBIT "B" CONDITIONS FOR PLANNED DEVELOPMENT PARKSIDE ADDITION ZONING CASE #2004-20 GENERAL CONDITIONS: 1. This Planned Development District shall not affect any regulations within the Code of Ordinances, except as specifically provided herein. 2. All regulations of the Single Family 8.5 District (SF-8.5/17) are set forth in Article 3, Section 3.3 of the Comprehensive Zoning Ordinance (adopted as of November 13, 2001) are included by reference and shall apply except as provided herein. SPECIAL CONDITIONS: 1. Maximum number of residential lots not to exceed 225 lots. 2. Lot Size a. Minimum lot area shall be 6,000 square feet on 40%, 7,200 square feet on 40% and 8,400 square feet on 20% of the lots. b. Minimum lot width of 50 feet at the building line. At least 50% of the lots shall have minimum 60 feet width at the building line. c. Minimum side yard of 5 feet and side yard of corner lots 25 feet when that side is on a key lot. A side yard adjacent to a side street shall not be less than 15 feet in all other circumstances. 3. Main structures shall have a minimum of 1,900 square feet on 50%, 2,100 square feet on 35% and 2,400 square feet on 15% of the homes. 4. No alleys shall be required within the property. 5. A barrier screen of earth berm and live plants shall be along the north side of the railroad corridor, as approved by the P&Z. 6. Lots which back onto park land shall provide a wrought iron fence of uniform design to be installed by the homebuilder, as approved by the P&Z. 7. The Development Plan attached as Exhibit"C" shall serve as the Preliminary Plat. 8. A minimum of 15 percent of the lots will have swing drives and all corner lots with the exception of lots facing Lakefield will have side entry garages. DEVELOPMENT STANDARDS: The dedication of 43.76 acres of land and either the construction of(or the escrow of funds for)two trailheads that will provide public access from the development. These trailheads shall connect to the hike and bike trail system to be built in the future by the City through the Muddy Creek corridor. The combination of land and improvements shall be in lieu of City park fee requirements. CITY OF WYLIE Item No. 2. City Sec;etczrv's Z;'se Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: October 12, 2004 Other: Department: Finance Prepared By: Ron Hutchison Date Prepared: September 24, 2004 Summary of Utility Rates Letter from NTMWD Exhibits: Proposed Ordinance AGENDA SUBJECT: Consider and act upon an ordinance to increase water utility rates sufficient to recover the wholesale price increase from North Texas Municipal Water District. RECOMMENDED ACTION: Staff recommends approval of the water rate increase, as presented in the attached ordinance. SUMMARY: The City of Wylie purchases water from the North Texas Municipal Water District (NTMWD) at $.92 per thousand gallons. NTMWD notified the City on July 30, 2004, that the rate would be increased by $.05 per thousand gallons. The new rate of$.97 per thousand will be effective October 1, 2004. Attached is a summary of the current and the proposed new utility rates. The $.05 increase is only applied against water usage greater than one thousand gallons. There is no increase in minimum water rates. The 2004- 2005 fiscal year increase in water revenue is estimated to be $65,000. Residential water customers with an average usage of 8,000 gallons per month will see an increase of$.35 on their monthly water bill. Commercial customers with an average usage of 15,000 gallons per month will se an increase of$.75 on their monthly bill. APPROVED BY: Initial Date Department Director: RH \ 09/24/04 City Manager: A 1 ORDINANCE NO. 2004-xx AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING WATER RATES FOR THE CITY OF WYLIE, AMENDING SECTION 1.02 OF APPENDIX A OF THE WYLIE CITY CODE (THEREBY AMENDING ORDINANCE 98-16) REPEALING PORTIONS OF ALL CONFLICTING ORDINANCES: CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the North Texas Municipal District has increased its wholesale water rate from $.92 per thousand gallons to $.97 per thousand gallons effective October 1, 2004; and WHEREAS, the City desires to raise the charges for water services provided by the City so as to pass along the wholesale water increase to its customers; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows, SECTION 1 The Section 1.02 of Appendix C to the Code of Ordinance of the City of Wylie, Texas, is hereby amended by deleting the existing section, in its entirety and substituting the following therefore: (a) The following monthly water rates, shall apply to all RESIDENTIAL customers within the corporate limits of the City of Wylie, Texas: (1)Monthly minimum Charge for first 1,000 gallons of Metered water consumption $8.90 (2)Volume charge for all consumption exceeding 1,000 gallons (1,000 gallons) -1,001 to 2,000 (per 1,000) $2.17 - Over 2,000 gallons (per 1,000 gallons) $2.90 (b) The following monthly water rates shall apply to all COMMERCIAL customers, (other than apartments, mobile homes parks and other multi-unit dwellings not individually metered) within the corporate limits of the City of Wylie, Texas: (1) Monthly minimum charge for first 1,000 gallons of metered water consumption $12.15 (2) Volume charge for all consumption exceeding 1,000 gallons (per 1,000 gallons) -1,001 to 2,000 gallons (per 1,000) $2.27 -Over 2,000 gallons (per 1,000) $2.90 (c) The following water rates shall apply to all APARTMENTS, MOBILE HOMES PARKS, and OTHER MULTI-UNIT DWELLINGS, not individually metered, within the corporate limits of the City of Wylie, Texas: (1)Monthly minimum charge for first 1,000 gallons of metered water consumption $12.15 (2)Volume charge for all consumption exceeding 1,000 gallons (per 1,000 gallons) -1,001 to 2,000 gallons (per 1,000) $2.27 -Over 2,000 gallons (per 1,000) $2.90 (3) An additional charge of $4.00 per occupied unit, with occupancy being determined as of the fifth day of the month preceding the billing. (d) The monthly water charge for any customers (residential, commercial, apartment, mobile home park, or other multi-unit dwelling not individually metered) located outside the corporate limits of the City of Wylie, Texas shall be at the rate of one hundred fifteen percent (115%) of the rate charged customers inside the corporate limits of the City. (e) Any bulk water customer who desires to withdraw water from a hydrant or other source not metered and charged directly to them shall fill out a water application form and sign the form in the same manner as a regular metered customer. Bulk water rate charges are to be charged in 25-gallon increments at the same rates as the commercial customers. Ordinance#2004- Water Rate Increase 2 SECTION II The rates herein imposed shall be effective for all water usage occurring after September 30, 2004. SECTION III Should any paragraph, sentence, subdivision, clause, phrase or section of the ordinance be adjusted or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to invalid, illegal, or unconstitutional. SECTION IV This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION V That all ordinances and code provisions in conflict or consistency are hereby repealed and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. PASSED AND APPROVED this 12th day of October, 2004. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Published in the if j>lie Yews 10-20,2004 Ordinance#2004- Water Rate Increase 3 CITY OF WYLIE Item No. 3. City Sec;etczrv's Zile Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: October 12, 2004 Other: Department: City Manager Prepared By: Mindy Manson Date Prepared: October 1, 2004 Exhibits: Transfer Document AGENDA SUBJECT: Consider and act upon the Transfer and Conveyance of a Wastewater Line and Easement RECOMMENDED ACTION: Staff recommends approval. SUMMARY: During the platting process for the Woodbridge Golf Course in 1999, the City of Wylie acquired an easement in anticipation of the construction of the new Wastewater Treatment Plant. The City installed the pipe at that time in order to avoid the future disruption of the developed golf course. Because the new Treatment Plant is regional in nature and this line will also carry flow from the City of Murphy, the North Texas Municipal Water District (NTMWD) will take ownership of this easement, plus additional easements which will connect this area to the Plant. The City of Wylie has been compensated by NTMWD for the costs associated with construction. APPROVED BY: Initial Date Department Director: MM \ 10/5/04 City Manager: A 1 TRANSFER AND CONVEYANCE OF WASTEWATER LINE AND EASEMENT Grantor,the CITY OF WYLIE, TEXAS ("Wylie"), for and in consideration of the amount of $10.00, and other good and valuable consideration, paid by the Grantee, NORTH TEXAS MUNICIPAL WATER DISTRICT("NTMWD"), does hereby transfer, assign, and convey all of its right, title and interest in and to the easements described in Exhibit "A" attached hereto and the wastewater pipeline and incident equipment located therein, "as is" and "where is" and without warranty, and NTMWD assumes all rights, duties and obligations for such easements, the pipeline and all incidental equipment and appurtenances located on, over, under, and through the above described land as a part of the Muddy Creek Wastewater Interceptor System. NTMWD assumes sole responsibility for the operation,reconstruction and maintenance ofthe easement and all improvements located therein. To have and hold the property, together with all and singular the rights and appurtenances thereto in anywise belonging to Grantee, its successors and assigns, and Grantor does hereby bind Grantor and Grantor's successors to warrant and forever defend, all and singular, the property unto Grantee and Grantee's successors and assigns against every party whomsoever lawfully claiming or to claim to same or any part thereof, by, through, or under Grantor, but not otherwise. TRANSFER AND CONVEYANCE OF WASTEWATER LINE AND EASEMENT Page 1 L:AAGENDA PACKETSVAGENDA PACKETS 2004\10-OCTOBER\10-12-2004\ITEM#3-TRANSFER.CONVEY'ANCE DOC.DOC Executed this 12th day of October, 2004. THE CITY OF WYLIE, TEXAS By: JOHN MONDY, Mayor Accepted: NORTH TEXAS MUNICIPAL WATER DISTRICT By: JIM PARKS, Executive Director TRANSFER AND CONVEYANCE OF WASTEWATER LINE AND EASEMENT Page 2 L:AAGENDA PACKETSVAGENDA PACKETS 2004\10-OCTOBER\10-12-2004\ITEM#3-TRANSFER.CONVEY'ANCE DOC.DOC