08-09-2016 (City Council) Agenda Packet Wylie City Council
CITY OF W LIE NOTICE OF MEETING
Regular Meeting Agenda
August 9, 2016 — 6:00 pm
Wylie Municipal Complex
Council Chambers/Council Conference Room
300 Country Club Road, Building #100
Eric Hogue Mayor
Keith Stephens Mayor Pro Tern
Diane Culver Place 2
Jeff Forrester Place 3
Candy Arrington Place 4
William Whitney Ill Place 5
David Dahl Place 6
Mindy Manson City Manager
Richard Abernathy City Attorney
Carole Ehrlich City Secretary
In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie
Municipal Complex, distributed to the appropriate news media, and posted on the City website:
www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted
on the City of Wylie website: www.wylietexas.gov.
The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the
audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone
conversation.
The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled
attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020.
Hearing impaired devices are available from the City Secretary prior to each meeting.
CALL TO ORDER
Announce the presence of a Quorum
INVOCATION & PLEDGE OF ALLEGIANCE
PRESENTATIONS
• Presentation to Wylie Fire Rescue with the 2016 Grant for WFR's Pre-plan Program by
FM Global
August 9,2016 Wylie City Council Regular Meeting Agenda Page 2 of 4
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non-
agenda form prior to the meeting in order to speak. Council requests that comments be limited to three(3) minutes.
In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen
participation.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by
one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed
from the Consent Agenda and will be considered separately.
A. Consider, and act upon, approval of the Minutes of July 26, 2016 Regular Meeting of the
Wylie City Council. (C. Ehrlich, City Secretary)
B. Consider, and act upon,Resolution No. 2016-19(R) authorizing the City Manager of the City
of Wylie, Texas, to execute a Memorandum of Understanding between Collin County and
the City Of Wylie for Use and Storage of Collin County's Mobile Incident Command Post.
(B. Parker, Fire Chief)
C. Consider, and act upon, Resolution No. 2016-20(R) authorizing the City Manager to execute
a Memorandum of Agreement between the Wylie Independent School District and the City
of Wylie to jointly cooperate in order to furnish clinical education to students enrolled in the
Wylie Independent School District's Emergency Medical Technician Curricula Offerings.
(B. Parker, Fire Chief)
D. Consider, and act upon, approval of a Preliminary Plat for New Haven at Wylie Addition,
creating one lot on 3.126 acres, generally located on the northeast corner of Brown Street
and Westgate Way. (R. 011ie, Development Services Director)
E. Consider, and act upon, Ordinance No. 2016-13 amending Ordinance No. 2015-30 (2015-
2016 Budget) for the purpose of distributing funds that were previously budgeted for hail
storm damage repairs to the proper departments and accounts; providing for repealing,
savings and severability clauses; and providing for an effective date of this ordinance. (L.
Bantz, Finance Director)
REGULAR AGENDA
Tabled Item from 6-28-2016
Remove from table and consider
1. Hold a Public Hearing and consider, and act upon amending regulations to Zoning
Ordinance 2008-47, Article 6, Section 6.3 Downtown Historic District (DTH) as it relates to
design guidelines and standards within the Downtown Historic District. ZC 2016-07 (R. 011ie,
Development Services Director)
August 9,2016 Wylie City Council Regular Meeting Agenda Page 3 of 4
Executive Summary
At its June 28, 2016 meeting, the Council directed staff to establish a work session with the
Historic Review Commission to provide reasonable guidelines.
2. Conduct the 1st Public Hearing for the annexation of approximately 5.23 acres of land
situated in the Francisco De La Pina Survey, Abstract No. A0688, Tract 126, Collin County,
Texas, located 1023 Kreymer Lane (1023 Private Road 5259). (R. 011ie, Development Services
Director)
Executive Summary
This annexation is at the request of the property owner and applicant of a 5.23 acre tract. The subject tract is
contiguous to existing city limits on the northern side,while properties to the south, east and west are within
unincorporated Collin County.
3. Consider, and act upon, Resolution No. 2016-21 (R) of the City Council of the City of Wylie,
Texas, accepting the proposed property tax rate for fiscal year 2016-2017, accepting the
calculation of the effective tax rate, establishing dates for public hearings on the proposed
property tax rate, and providing for the publication as provided by the Texas Local
Government Code, Section 140.010. (L. Bantz, Finance Director)
Executive Summary
The City is required by law to follow certain meeting and notice (publication) guidelines identified in the
"Truth in Taxation" guide. In accordance with the "Truth in Taxation" laws of the State of Texas, the
effective and rollback tax rates and other information must be published and two public hearings must be
held if an entity's proposed tax rate exceeds the lower of either the effective tax rate or the rollback tax rate.
This year's effective tax rate is$0.795191 and the rollback tax rate is$0.829955.
4. Consider, and act upon, Ordinance No. 2016-14 authorizing the City Manager to amend
Ordinance No. 2007-12 and Ordinance No. 2009-30 and Updating the Fire Development Fees
to be Assessed by the City of Wylie, Texas; Modifying Certain Regulations Relating to Fire
Development fees; Providing a Penalty Clause, Savings/Repealing Clause, Severability
Clause and an Effective Date; and Providing for the Publication of the Caption Hereof. (B.
Parker, Fire Chief)
Executive Summary
The rationale behind the Fire Development Fee ("Fire Fee") is not to burden its current residents with the
full financial cost of providing new fire stations, new fire equipment, and new emergency services
equipment for new development and placing a substantial portion of the burden onto the developers creating
the additional demands on emergency services. The Fire Fee will allow the City of Wylie to maintain its
current level of fire and emergency services to both old and new development.
5. Consider and act upon, Ordinance No.2016-15 amending Article VI(stopping, standing, and
parking) of Chapter 110 (traffic and vehicles) of the Wylie Code of Ordinances, creating
section 101-189 Resident Only Parking Permit Areas; permitting parking in certain areas by
permit only during those times set forth in the ordinance; establishing an offence; 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. (C. Holsted, City
Engineer)
August 9,2016 Wylie City Council Regular Meeting Agenda Page 4 of 4
Executive Summary
In March, a meeting was held with the residents on Palmdale Drive to discuss the issues with students from
WEHS parking along the roadway. As a follow up to that meeting, a council work session was held on
April 26th to discuss parking restrictions for portions of Cimarron Estates. Council directed staff to develop
an ordinance restricting parking in portions of the Cimarron Estates Subdivision from 7:00 a.m. to 5:00 p.m.
during school days.
6. Consider and act upon, Ordinance No. 2016-16 amending Ordinance 2007-36 and Article IV
(Speed) of Section 110-133 (School Zones) of the Wylie Code of Ordinances, establishing a
school zone for certain streets; establishing prima facie maximum speed limits during school
hours in such zone; removing the school zone for certain street(s); 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. (C. Holsted, City Engineer)
Executive Summary
The area west of Wylie High School has developed into a large retail center. As a result, students are
crossing Woodbridge Parkway as they travel from the school to the development. Vehicular and pedestrian
volumes were collected in this area, and between the hours of 8:15am and 2:30pm, 641 pedestrians crossed
the roadway(see attached).
READING OF ORDINANCES
Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D.
ADJOURNMENT
If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the
City Council or a consultation with the attorney for the City should be held or is required,then such closed or executive meeting or session or
consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City
Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session
or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not
limited to,the following sanctions and purposes:
CERTIFICATION
I certify that this Notice of Meeting was posted on August 5, 2016 at 5:00 p.m. as required by law in accordance
with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a
courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov.
Carole Ehrlich,City Secretary Date Notice Removed
Wylie City Council
CITY OF WYLIE
Minutes
City Council Meeting
Tuesday, July 26, 2016 — 6:00 p.m.
Wylie Municipal Complex — Council Chambers
300 Country Club Road, Bldg. 100
Wylie, TX 75098
CALL TO ORDER
Announce the presence of a Quorum.
Mayor Hogue called the meeting to order at 6:03 p.m. City Secretary, Carole Ehrlich, took roll
call with the following City Council members present: Mayor Eric Hogue, Mayor pro tem Keith
Stephens, Councilman David Dahl, Councilwoman Candy Arrington, Councilwoman Diane
Culver, and Councilman William Whitney III. Councilman Jeff Forrester was absent.
Staff present were: City Manager, Mindy Manson; Fire Chief, Brent Parker; City Engineer, Chris
Hoisted; Finance Director, Linda Bantz; Development Services Director, Renae 011ie; Public
Services Director, Mike Sferra; Library Director, Rachel Orozco; City Secretary, Carole Ehrlich,
and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Firefighter Randall Barber gave the invocation and Police Officer Donald English led the Pledge
of Allegiance.
PRESENTATIONS
• Carter BtoodCare Presentation
Katie Huntsman, representing Carter BloodCare, addressed Council stating that during the
Bluegrass on Ballard event held July 2, 2016 a "Battle of the Badges" was conducted. Each
person donating blood was given a ballot to vote for either the Police or Fire Departments. She
announced the winner of the contest was the Wylie Fire Rescue, by one vote.
She thanked all involved for providing blood to save lives. Representatives of the Police
Department and Wylie Fire Rescue were present for the award.
Minutes July 26, 2016
Wylie City Council
Page 1
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non-
agenda form prior to the meeting in order to speak. Council requests that comments be limited to three(3) minutes.
In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen
participation.
Nikki Culver addressed Council stating she was the marketing representative for Conversations
Coffee Bar located in historic downtown Wylie. She invited those present to the Grand Opening
of the coffee bar to be held Thursday, July 28, 2016.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by
one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed
from the Consent Agenda and will be considered separately.
A. Consider, and act upon, approval of the Minutes of July 12, 2016 Regular Meeting and the
July 14, 2016 Special Called Work Session of the Wylie City Council. (C. Ehrlich, City
Secretary)
B. Consider, and act upon, approval of a Preliminary Plat for Inspiration, Phases 5 consisting
of 17.186 acres to establish single family residential lots for a master planned development
within Unincorporated Collin County, generally located north of Parker Road (F.M. 2414)
on Inspiration Blvd. (R. 011ie, Development Services Director)
C. Consider, and place on file,the City of Wylie Monthly Investment Report for June 30,2016.
(L. Bantz, Finance Director)
D. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for
June 30,2016. (L. Bantz, Finance Director)
E. Consider, and act upon, a vendor application for the Girls Scouts of Northeast Texas Service
Unit 148 for a family fun and registration event at Olde City Park on August 28, 2016. (R.
Diaz, Parks and Recreation Superintendent)
F. Consider, and act upon, a vendor application for the Wylie ISD Council of PTA's "Back to
the Future Back to School" event at Olde City Park on August 27, 2016. (R. Diaz, Parks and
Recreation Superintendent)
G. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie
Economic Development Corporation as of June 30,2016. (S. Satterwhite, WEDCDirector)
Council Action
A motion was made by Councilwoman Culver, seconded by Councilman Whitney to approve the
Consent Agenda as presented. A vote was taken and the motion passed 6-0 with Councilman
Forrester absent.
Minutes July 26, 2016
Wylie City Council
Page 2
REGULAR AGENDA
1. Hold a Public Hearing and consider, and act upon, a change in zoning from Agricultural (A)
to Townhouse District (TH) to allow for 89 Townhome lots on 9.689 acres, generally located
west of Country Club Road and north of Brown Street. ZC 2016-08 (R. 011ie, Development
Services Director)
Staff Comments
Development Services Director 011ie addressed Council stating that the property totals 9.69 acres and will
create eighty-nine (89)townhome residential lots and one open space lot. Exhibit A is a concept plan that
shows a public road to be dedicated to the City that will provide access to all of the proposed residential
lots. All units will be sprinkled as the proposed subdivision does not have two points of vehicular access
as required by ordinance. In addition, the layout exceeds the maximum block length of 1,200' per Section
3.4.B. of the Subdivision Regulations. The fire marshal has approved the sprinkler addition as an
alternative to the two points of vehicular access requirement.
Access to the parcel will be limited to vehicles coming inbound from the north due to a median that
prevents access from the south. The developer has also left an open space at the end of the proposed
road to allow for the possibility of future access south of the subject property.
011ie explained a revised concept plan was submitted after P&Z approval that shows 6 parking spaces
along the frontage of the open space lot, in an effort to minimize on-street parking in front of dwelling
units. These spaces will be owned and maintained by the HOA. However, the parking spaces are
partially within the public right-of-way. This type of maneuvering is not in accordance with Section 7.3.H,
which requires that all parking areas provide suitable maneuvering room so that all vehicles may enter an
abutting street in a forward direction, except when it is residential parking with no more than two spaces
per property.
Additionally, the zoning ordinance requires a 20' front yard setback and a 25' rear yard setback. The
concept plan shows compliance with the minimum lot size of 3,000 square feet. At the request of the
Commission, setbacks are 25 feet in the front, 20 feet in the rear, 5 feet for exterior sides, and 15 feet for
corner sides. The applicant has made this adjustment and it is reflected on the concept plan.
The Comprehensive Land Use Plan categorizes this area as General Urban Sector. This sector provides
for a wide range of opportunities to "live, work and play", and primarily supports the retail, service, office,
light production and research, and development type uses. It further states that some high density
residential may occur provided that it is in a mixed-use type setting. There is no mixed use proposed for
this development. The property will be required to pay fees in lieu of Parkland Dedication at a rate of
$800 per dwelling unit.
011ie reported the Commissioners discussed at great length the number of units proposed with only one
access off Country Club. The 50' width of right-of-way was a concern for the Commissioners. This width
would allow for 10' on both sides, thereby leaving a total street curb to curb width of only 30'. After much
discussion, the applicant agreed to widen the curb to curb width to 37'. In addition, the Commissioners
expressed concerns with the number of lots and the limited accessibility to the tract. The Commissioners
voted 4-3 to approve the request with amendments to increase the street width to 37' curb to curb; front
yard setback to 25 feet.
Applicant Comments
Alan Lauhoff, representing Atlas Associates, Inc., addressed Council stating that the parking had been
increased at the recommendation of the Zoning Commission. Lauhoff noted his firm did not find out
Minutes July 26, 2016
Wylie City Council
Page 3
about the mixed use requirement until the day prior to the Council meeting and therefore could not
address this requirement.
Council Discussion
Mayor Hogue asked if the Planning and Zoning Commission was aware of the Comprehensive Plan
requirements for mixed uses at the time of the meeting. 011ie reported they were not; staff had not
included the plan in the report to them. Mayor Hogue reiterated that the plan does call for mixed use in
the Comprehensive Plan. 011ie replied it did.
Councilwoman Culver asked 011ie why the commission voted for approval. 011ie replied that many of the
commission members had concerns with regard to meeting the requirements of the Comprehensive Plan;
however, when the vote came, the commission voted 4-3 to approve.
Councilman Dahl had concerns with regard to fire protection. He asked what would happen if more than
one Quint was required to service a fire, would they be able to maneuver into the development without
backing out due to one access point. He also voiced his concern with the high density of the
development. Mayor pro tem Stephens had concerns with the additional traffic this would feed onto
Country Club Road with the many U-turns to access the property.
Public Hearing
Mayor Hogue opened the public hearing on Zoning Case 2016-08 at 6:32 p.m. asking anyone present
wishing to address Council to come forward.
Duane Fisher, real estate broker for the applicant, addressed Council stating that the applicant did not
find out about the "mixed use" requirement until noon today. He stated he was aware this was not the
only issue addressed tonight however he did not think the mixed use with high density requirement was
practical. Mayor Hogue explained that during the amendments to the comprehensive plan, Council felt
certain areas within the City should require high density with mixed uses and other areas for mobile home
parks and so on.
Mayor Hogue closed the public hearing at 6:36 p.m.
Council Action
A motion was made by Mayor pro tem Stephens, seconded by Councilwoman Culver to deny a change in
zoning from Agricultural (A) to Townhouse District (TH) to allow for 89 Townhome lots on 9.689 acres,
generally located west of Country Club Road and north of Brown Street ZC 2016-08. A vote was taken
and the motion passed to deny ZC 2016-08, 6-0 with Councilman Forrester absent.
Mayor Hogue convened into work session at 6:38 p.m.
WORK SESSION
• Discuss the Report on Water and Wastewater Rates prepared by NewGen Strategies &
Solutions. (L. Bantz, Finance Director)
Finance Director Bantz addressed Council stating that NewGen Strategies and Solutions had
conducted a study and provided a report on Water and Wastewater Rates. She reported the
rates were last updated on August 27, 2013. Since that time, the City has approved updates to
the water and wastewater ten-year capital improvement plan, and the North Texas Municipal
Water District has updated their proposed wholesale water rates. The report incorporates the
Minutes July 26, 2016
Wylie City Council
Page 4
new information and calculates the rates necessary to maintain 90 days of working capital as
required by the City's financial policy. Bantz introduced Matthew Garrett representing NewGen.
Mr. Garrett gave a presentation showing current rates and recommended rates for the coming
years based on current consumption and estimated wholesale rate increases.
The two scenarios presented were as follows:
• Scenario 1 is based on the City's current rate structure and would require a 9.5%
increase in water and wastewater rates for all customer classes.
• Scenario 2 is based on a more conservation minded rate structure and would require a
9% increase in water and wastewater rates for all customer classes. In addition to the
current tiers, two additional tiers would be added with different per gallon charges for
20,001-40,000 gallons and over 40,000 gallons of use in a month.
Council direction was to move forward with Scenario 2 and bring back an ordinance for Council
consideration. If approved, new rates would go into effect October 1, 2016.
• FY 2016-2017 Budget Work Session
City Manager Manson addressed Council and reviewed the proposed revenues and
expenditures for the Utility Fund and the 4B Tax Fund. Manson noted that the City's policy calls
for 90 days of operating expenditures which is equal to $4,109,798 for the Utility Fund. She
indicated the estimated ending fund balance 9/30/17 would be closer to $6,708,902, well above
the 90 day requirement. Manson reviewed the personnel and non-personnel related
recommendations which were included in the ending fund balance above and totaling $286,760
in personnel related recommendations for staffing and $203,750 in non-personnel related
equipment.
Manson reported the 4B Sales Tax Fund ending balance for 9/30/15 was $1,501,824; adding
estimated revenues and expenditures for 2016/17 the estimated ending fund balance is
$1,316,751. Policy requirement for the 4B Fund is 25% or $616,824. This will leave an overage
in the ending balance to support another park project of some type, if Council wishes.
Manson gave an update to the General Fund showing an estimated ending fund balance as of
9/30/17 of $12,079,914. Policy for this fund is to have 25% budgeted expenditures or
$9,276,598. The ending balance will show a 33% fund balance. This includes all carried-
forward expenditures, all recommended personnel and non-personnel requests, 100% of the
Market Survey implementation, and the 3% merit raises for non-sworn employees and the 2.5%
sworn officer pay increases.
Manson reported after all expenditures, the ending balance in the General Fund to be $177,238.
She explained Collin County Appraisal District had reported additional tax revenue of $848,000
in their final certified totals which brings the budget to an overage of $1,025,238. Manson
recommended possible expenditures for a Police laser scanner, Phase II of the school zone
sign replacement, an articulated tractor w/edger attachment to be funded at $197,200, and for
Council to consider a property tax reduction of a half-cent or one-cent for FY 2016/17.
Council direction was to move forward with all staff recommendations and to look at a two-cent
reduction in property tax for the FY 2016/17, and bring these adjustments back for Council
consideration.
Minutes July 26, 2016
Wylie City Council
Page 5
RECONVENE INTO REGULAR SESSION
Mayor Hogue reconvened into Regular Session at 8:26 p.m.
ADJOURNMENT
A motion was made by Mayor pro tem Stephens, seconded by Councilman Whitney to adjourn
the meeting at 8:28 p.m. A vote was taken and the motion passed 6-0 with Councilman
Forrester absent.
Eric Hogue, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Minutes July 26, 2016
Wylie City Council
Page 6
Wylie City Council
AGENDA REPORT
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Meeting Date: August 9, 2016 Item Number: B
Department: Fire (City Secretary's Use Only)
Prepared By: Fire Account Code: N/A
Date Prepared: July 18, 2016 Budgeted Amount: N/A
Exhibits: 2
Subject
Consider, and act upon, Resolution No. 2016-19(R) authorizing the City Manager of the City of Wylie, Texas,
to execute a Memorandum of Understanding between Collin County and the City Of Wylie for Use and Storage
of Collin County's Mobile Incident Command Post.
Recommendation
Motion to approve, Resolution No. 2016-19(R) authorizing the City Manager of the City of Wylie, Texas, to
execute a Memorandum of Understanding between Collin County and the City Of Wylie for Use and Storage of
Collin County's Mobile Incident Command Post.
Discussion
Collin County and the City of Wylie's missions are similar and their respective capabilities are complementary
in many respects. With both entities having a mutual interest in protecting the residents of Collin County during
natural and man-made disaster, as well as, other emergency situations it has been determined working together
utilizing the CCDEM Mobile Incident Command Post ("MICP") is beneficial for both entities. WFR, with
support from the City of Wylie, agrees to house and store the MICP in its Fire Station No. Two at its expense
until a response is necessary and will provide delivery, and set-up to requesting entities during emergency
incidents under the terms of this Memorandum of Understanding.
(Rev 01/2014) Page 1 of 1
RESOLUTION NO. 2016-19(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY
MANAGER OF THE CITY OF WYLIE, TEXAS, TO
EXECUTE A MEMORANDUM OF UNDERSTANDING
BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE
FOR USE AND STORAGE OF COLLIN COUNTY'S
MOBILE INCIDENT COMMAND POST.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to
execute, on behalf of the City Council of the City of WYLIE, Texas, a Memorandum of
Understanding between Collin County and the City of Wylie for use and storage of Collin
County's Mobile Incident Command Post.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 9th day of August, 2016.
ERIC HOGUE, Mayor
ATTEST TO:
CAROLE EHRLICH, City Secretary
Resolution No.2016-19(R)—
MICP/MOU Page 1 of 1
MN
COUNTY
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF WYLIE, ACTING
BY AND THROUGH THE WYLIE FIRE
DEPARTMENT AND COLLIN COUNTY,
ACTING BY AND THROUGH THE COLLIN
COUNTY DEPARTMENT OF EMERGENCY
MANAGEMENT
Collin County Mobile Incident Command Post
(MICP)
Page 1 of 5
1890990
Whereas, the City of Wylie, Texas, acting by and through the Wylie Fire Department (hereinafter
referred to as "WFD"), and Collin County, Texas, acting by and through its Department of Emergency
Management (hereinafter referred to as "CCDEM"), find that WFD and CCDEM's respective
departmental missions to be congruent and their respective capabilities complementary in many respects;
and
Whereas, WFD and CCDEM have a mutual interest in protecting the residents of Collin County during
natural and man-made disaster, as well as, other emergency situations; and
Whereas, WFD and CCDEM have a mutual interest in providing the capability to respond the CCDEM
Mobile Incident Command Post ("MICP') in the event the MICP is requested. WFD further agrees to
house and store the MICP in its Fire Station No. Two at its expense until a response is necessary and will
provide delivery, set-up and communication services to requesting entities under the terms of this
Memorandum of Understanding.
THEREFORE, COLLIN COUNTY, TEXAS AND THE CITY OF WYLIE, TEXAS AGREE IN
THIS MEMORANDUM OF UNDERSTANDING AS FOLLOWS:
I. Term of agreement
The term of this Memorandum of Understanding shall be from July 1, 2016 and shall continue in
force and effect on a year-to-year basis thereafter until terminated utilizing the provisions set forth in
Section Five (5)herein titled"Procedures for Amendments and Termination."
II. Services to be Provided
For the purpose of this Memorandum of Understanding, each party will provide the following MICP-
related services on an as-needed basis during the term of this Memorandum of Understanding, except
where specifically noted otherwise:
A. By WFD on behalf of the City of Wylie:
1. Provide personnel as needed to deliver, set-up and assist with needs regarding the MICP for the
duration of the requested response.
2. Provide leadership person for assuming a command and control position and take responsibility
for the MICP pre- and post-incident.
3. Provide statistical information regarding service runs in Collin County.
4. Provide a current inventory list of all equipment assigned to the MICP that is owned by WFD.
5. Respect and conform to the MICP-related operational protocols of CCDEM and maintain
response,use and inventory records to the CCDEM.
6. Provide for housing and storage of the MICP in WFD Fire Station No. Two and any related
ancillary equipment at all times when not being used for an emergency response.
7. Provide training to all members of WFD who are attached to MICP responses to include TCFP
certifications for Drivers and communications certifications for Communications Operators.
8. Maintain MICP and related ancillary equipment at all times for the term of this Memorandum of
Understanding and make it readily available as a first response vehicle at all times of the day,
night, or week.
9. Coordinate and provide MICP-related staff training and coordinate and provide continuing
education for all WFD personnel on a routine basis.
10. Be competent in establishing communications utilizing equipment on MICP.
Page 2 of 5
1890990
11. Follow MICP instrument safety guidelines and manufacturer's guidelines.
12. Repair or replace any equipment on the MICP that is damaged when under WFD's care at its sole
cost and expense or, at WFD's option,using WFD applicable insurance/City of Wylie's insurance
or Risk Management program to subrogate expenses for any damage that occurs to the equipment
on the MICP or ancillary equipment when under WFD's care.
13. Determine, coordinate and utilize best practices for deployment and response of MICP to
requested incidents.
By CCDEM on behalf of Collin County:
1. Provide regularly scheduled maintenance and repair to the MICP.
2. Meet regularly with representatives of WFD to coordinate efforts on requested MICP-related
responses.
3. Provide the most current equipment and inventory in the possession of CCDEM that is owned by
CCDEM and assigned to the MICP.
4. Continue to seek grants and/or funds for MICP equipment, or the repair or maintenance of the
MICP.
5. Repair or replace the MICP and any equipment on the MICP that is damaged when under
CCDEM's care at its sole cost and expense or, at CCDEM's option, using CCDEM/Collin
County's applicable insurance or Risk Management program to subrogate expenses for any
damage that occurs to the MICP or ancillary equipment when under CCDEM care or operation.
III.Exchange of Information
Information acquired by either WFD or CCDEM regarding citizens, community or businesses to be
served and that is related to the WFD's or CCDEM's functions and responsibilities will be made
mutually accessible by the parties to provide an integrated approach to fire department support and to
avoid unnecessary duplication of services.
This information will be shared only to the extent permitted by regulations requiring confidentiality
of participant records. WFD and CCDEM will cooperate in sharing information on the status and
outcome of services provided to the extent allowed by applicable law.
WFD and CCDEM representatives will conduct quarterly meetings and in addition agree to meet as
needed to discuss public safety issues and matters regarding responses, needs, inventory and other
subject matters as is necessary to carry out the intent of this Memorandum of Understanding and the
parties' objectives.
IV. Evaluation and Review
In order to provide a vehicle for on-going evaluation, review, and discussion of operational issues,
both parties agree to communicate on a quarterly basis, or more often as is necessary to discuss issues
related to the implementation of this Memorandum of Understanding.
V. Procedures for Amendments and Termination
1. This Memorandum of Understanding may be amended by the mutual written consent of both
parties. In addition, this Memorandum of Understanding and any amendments thereof shall
remain in effect until terminated by either party upon providing at least ninety (90) days written
notice of termination to the other party.
Page 3 of 5
1890990
2. In addition to the foregoing, Collin County or CCDEM may immediately terminate this
Memorandum of Understanding in the event the County or CCDEM determines in its sole
discretion there exist circumstances of breach of this Memorandum of Understanding, misuse of
the MICP, unsafe driving, or for a failure to report accidents or provide records regarding the
WFD's use of the MICP. In addition to the foregoing, the City of Wylie or WFD may
immediately terminate this Memorandum of Understanding in the event the City of Wylie or
WFD determines in its sole discretion there exist circumstances of breach of this Memorandum of
Understanding.
VI.Insurance
1. Worker's Compensation Coverage. Each party shall be responsible for its own actions and those
of its employees and is responsible for complying with the Texas Workers' Compensation Act.
2. Automobile Liability Coverage. Collin County shall be responsible for complying with the Texas
motor vehicle financial responsibility laws as they relate to the MICP.
3. Liability. To the extent permitted by law and without waiving sovereign immunity, each party
shall be responsible for any and all claims, demands, suits, actions, damages, and causes for
action related to or arising out of or in any way connected with its own actions, and the actions of
its personnel in providing services pursuant to the terms and conditions of this Memorandum of
Understanding. Each party agrees to maintain general liability insurance or a comparable self-
insurance program.
4. Other Coverage. Each party shall provide and maintain its standard packages of medical and
death benefit insurance coverage or comparable self-insurance program.
VII.Miscellaneous
1. Address of asset location: 555 Country Club Dr., Wylie, TX 75098.
2. Sovereign Immunity. It is expressly understood and agreed that, in the execution and
performance of this Memorandum of Understanding, the parties have not waived, nor shall be
deemed hereby to have waived, any immunity, governmental, sovereign and/or official, or
defense that would otherwise be available to them against claims arising in the exercise of
governmental powers and functions. By entering into this Memorandum of Understanding, the
parties do not create any obligations, express or implied, other than those set forth herein.
3. Independent Contractor. Except as otherwise expressly provided herein, the parties agree and
acknowledge that each entity is not an agent of the other entity and that each entity is responsible
for its own acts, forbearance, negligence and deeds, and for those of its agents or employees in
conjunction with the performance of work covered under this Memorandum of Understanding.
4. No Third Party Beneficiaries. Nothing in this Memorandum of Understanding shall be construed
to create any right in any third party not a signatory to this Memorandum of Understanding, and
the parties do not intend to create any third party beneficiaries by entering into this Memorandum
of Understanding.
5. Assignment. This Memorandum of Understanding is not assignable.
6. Entire Agreement. This Memorandum of Understanding represents the entire and integrated
agreement between the parties and supersedes all prior negotiations, representations and/or
agreements, either written or oral. This Memorandum of Understanding may be amended only by
written instrument duly executed by both parties.
Page 4 of 5
1890990
In witness whereof the parties hereto have affixed their signatures as written below:
Collin County, Texas
Keith Self, Date
County Judge
Attest:
Collin County Clerk
City of Wylie, Texas
Mindy Manson Date
City Manager
Attest:
City Secretary
Acknowledged and Approved
Collin County Department of Emergency Management
James McCrone Date
Director of Emergency Management
Wylie Fire Department
Brent Parker, Chief Date
Page 5 of 5
1890990
�� �� Wylie City Council
pp AGENDA REPORT
'a yP 4+rv9Mka{ pr,
�kI.P MYYk fl'tlOp,'
Meeting Date: August 9, 2016 Item Number: C
Department: Fire Department (City Secretary's Use Only)
Prepared By: Fire Department Account Code: N/A
Date Prepared: July 18, 2016 Budgeted Amount: N/A
Exhibits: 2
Subject
Consider, and act upon, Resolution No. 2016-20(R) authorizing the City Manager to execute a Memorandum
of Agreement between the Wylie Independent School District and the City of Wylie to jointly cooperate in
order to furnish clinical education to students enrolled in the Wylie Independent School District's Emergency
Medical Technician Curricula Offerings.
Recommendation
Motion to approve, Resolution No. 2016-20(R) authorizing the City Manager to execute a Memorandum of
Agreement between the Wylie Independent School District and the City of Wylie to jointly cooperate in order
to furnish clinical education to students enrolled in the Wylie Independent School District's Emergency
Medical Technician Curricula Offerings.
Discussion
Wylie ISD is starting an emergency medical technician basic (EMT-B) program this year. On April 12, 2016,
City Council approved the MOU between Wylie ISD and the city of Wylie to allow EMT-B students to ride-out
as part of the program requirements. Upon further review, Wylie ISD required a minor change in the
MOU. Due to this change, the MOU requires council approval.
(Rev 01/2014) Page 1 of 1
RESOLUTION NO. 2016-20(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY
MANAGER OF THE CITY OF WYLIE, TEXAS, TO
EXECUTE A MEMORANDUM OF AGREEMENT
BETWEEN THE WYLIE INDEPENDENT SCHOOL
DISTRICT AND THE CITY OF WYLIE TO JOINTLY
COOPERATE IN ORDER TO FURNISH CLINICAL
EDUCATION TO STUDENTS ENROLLED IN THE WYLIE
INDEPENDENT SCHOOL DISTRICT'S EMERGENCY
MEDICAL TECHNICIAN CURRICULA OFFERINGS.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to
execute, on behalf of the City Council of the City of WYLIE, Texas, a Memorandum of
Agreement between the Wylie Independent School District and the City of Wylie to jointly
cooperate in order to furnish clinical education to students enrolled in the Wylie Independent
School District's Emergency Medical Technician Curricula Offerings.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 9th day of August, 2016.
ERIC HOGUE, Mayor
ATTEST TO:
CAROLE EHRLICH, City Secretary
Resolution No.2016-20(R)—
Agreement between WISD and
City of Wylie for EMT Education Page 1 of 1
MEMORANDUM OF AGREEMENT
BETWEEN
WYLIE FIRE DEPARTMENT
AND
WYLIE INDEPENDENT WYLIE ISD WYLIE ISD •
This agreement made and entered into this 12tr'day of April 2016 between WYLIE INDEPENDENT SCHOOL
WYLIE ISO, hereinafter called the "Wylie ISO", and WYLIE FIRE DEPARTMENT, hereinafter call the "Fire
Department", WITHNESSETH THAT:
WHEREAS,the Wylie ISO is desirous of offering an emergency medical technician and patient care technician
curricula designed to help meet the local area health manpower need, and
WHEREAS,the Wylie ISD recognizes the need for providing the community,which it undertakes to serve,with
an adequate emergency medical services and patient care technician staff, and
WHEREAS,the contracting parties are desirous of cooperating to furnish clinical education to students enrolled
in the Wylie ISD's emergency medical technician and patient care technician curricula offerings,
and
WHEREAS,it is mutually agreed by the Wylie ISD and the Fire Department,that the Wylie ISO has established
programs for general and technical health care education students. It is further mutually agreed
that portions of the clinical training of students enrolled in these programs will be provided by
the Fire Department.
NOW,THEREFORE,it is mutually agreed by and between said parties as follows:
Section A: Wylie ISO shall do or cause to be done the following:
1. Be responsible after consultation with the Fire Department to plan, coordinate and implement the
educational program for the clinical period. •
2. Work cooperatively with the appropriate staff members in the selection of students' learning
experience.
3. Assure observance of the Fire Department's policies and procedures by students and faculty.
4. Initiate, as indicated, individual and group conferences with the staff for the purpose of discussing
student learning and performance and patient services.
5. Provide a list to the Fire Department of the approximate number of students that will be using the Fire
Department and the dates involved.
6. Assure the Fire Department that the students are covered with liability insurance and provide certificate
of coverage.
7. Educate students to the requirements of the Texas Confidentiality Act, Chapter 773 Health & Safety
code, Sub Chapter D, Section 773.091.
8. Educate students to the requirements set forth by O.S.H.A. in regards to the appropriate precautions
for blood borne pathogens and other necessary safety regulations.
9. Be responsible for the administration functions, including admission, scheduling, accounting, and
achievement records similar to those records maintained for all students of the Wylie ISD and to those
records required by the Fire Department.
10. Wylie ISD and their students will abide with any and all other regulatory and accreditation standard
guidelines applicable to the Fire Department.
11. Conduct criminal background check on all students,
12. Assure students do not have a criminal background. Students with a criminal conviction above a
Class C misdemeanor will be evaluated by the Fire Department. The Fire Department will decide
if a student with a criminal conviction above a Class C misdemeanor, will be allowed to perform
their clinical at the Fire Department.
13. Conduct urinalysis drug screening on all students.
14. Assure students do not have a positive urinalysis drug screen. Students with a positive urinalysis
drug screen will not be allowed to perform their clinical at the Fire Department.
Section 8:The Fire Department will do or cause to be done the following:
1. Provide full cooperation on the part of the Fire Department to help foster the success of the program.
2. Provide opportunity for student practice and observation in the patient areas and other areas of the
Fire Department under direct supervision of Fire Department personnel, and under the general
supervision of the Wylie ISD faculty.
3. Make provision for orientation of faculty members of the Wylie ISD to the facilities, philosophies, and
policies of the Fire Department,
4, Assist in the orientation of the students to the health service Fire Department and clear channels of
administration for the use of equipment and records as necessary for teaching purposes.
5. Provide adequate space, equipment, and supplies for the clinical practices.
6. Assist in the evaluation of students'learning and performance in providing patient care.
7. The Fire Department will in all situations be ultimately responsible for the care rendered to patients.
8. Have no authority to dismiss faculty or students from the program. Should the Fire Department wish
to recommend dismissal of faculty or students such recommendations must be in writing. However,
the Fire Department reserves the right summarily to exclude from the Fire Department premises any
person who is deemed undesirable, pending joint resolution of the matter by the Fire Department and
the Wylie ISD.
9. Staff members shall not require a student to commit an act that this student feels unable to do.
Likewise, any staff member becoming aware of the likelihood that any student will carry out any act
that is deemed inappropriate, has the duty to make reasonable efforts to stop such student from
carrying out such act.
10. Allow the use of the Fire Department's food service and parking facilities on the same basis as for the
Fire Department employees.
11. Allow the use of the Fire Department's library by the Wylie ISD faculty and students.
12. To the extent possible, provide dressing room space and lockers for the use of the Wylie ISD faculty
and students while the students are receiving clinical instruction at the Fire Department.
Section C: The Wylie ISD and the Fire Department agree to be mutually responsible for the following:
1, Clinical assignments for students enrolled in the health occupations curricula of the Wylie ISD will be
planned by the faculty of the Wylie ISD in cooperation with the designated staff leaders of the various
units.
2. All arrangements for any special programs, projects, or special provisions not covered by this
agreement, will be made through the Clinical Instructor of the students and the Coordinator of
Education.
3. Faculty and students of the Wylie ISD will abide by the policies of the Fire Department while using the
facilities. However, the Fire Department reserves the right summarily to exclude from the Fire
Department's premises any person who is deemed undesirable or is deemed dangerous or disruptive
to patients or Fire Department employees or staff, pending joint resolution of the matter by the Fire
Department and the Wylie ISD.
4. The Wylie ISD Faculty,the Fire Department staff members,and students will work together to maintain
an environment which provides quality patient care and quality student learning.
5. The Wylie ISO is responsible for training students in infection control and body substance isolation
prior to entering clinical/internship rotations.
Section D: The Fire Department does not assume liability for an injury and/or illness in any manner and to
any extent that a student or faculty member may receive during their experience at the Fire
Department. The Wylie ISD expressly agrees to indemnify the Fire Department to the extent
allowed by Texas law for any claims arising out of the services provided pursuant to this
Agreement brought by a student or faculty member. However, if the student/or faculty member
is injured and/or ill, the Fire Department will provide access to emergency care at the student's
or the faculty's expense.
Section E:
1. This agreement shall be effective upon its execution. Expiration of contract shall be ongoing until
terminated by either the Fire Department or the Wylie ISD. This agreement may be terminated by
either party by written notice of such intent submitted ninety (90) days in advance. Such termination
shall not effect students then enrolled and participating in the emergency medical services and patient
care technician program.
2. This agreement may be modified by mutual consent at any time.
3. If any part of this agreement is determined by any legal authority with jurisdiction to be beyond the
power either of the parties hereto or invalid or illegal in any respect,this agreement shall be modified
accordingly, but if any such part is a material part of this agreement,the agreement may be canceled
by either party.
Section F: Health Insurance Portability and Accountability Act("HIPAA")
The parties hereto shall ensure that all services provided hereunder shall comply with all applicable
material laws, ordinances, rules and regulations, including the Health Insurance Portability and
Accountability Act("HIPAA') (in its current form, or as it may be modified from time to time, and such
modifications or changes shall automatically become applicable to this Agreement based upon the
effective date of the change) and the rules and regulations promulgated there under. The parties hereto
shall also require any agent or subcontractor to comply with all applicable laws, ordinances, rules and
regulations, including HIPAA, as set forth above. In the event that there are modifications or changes in
applicable laws, ordinances, rules or regulations that are not, as of the date of this Agreement, either in
effect or promulgated to become effective, and if such modifications or changes cause an increase in cost
or time required to perform services under this Agreement, the price and schedule will be equitably
adjusted by mutual agreement of the parties; however, the parties shall remain responsible at all times
for compliance with all such laws, ordinances, rules and regulations. Wylie ISD shall at its own expense,
protect, defend and hold the Fire Department, its officers, directors, agents and employees harmless to
the extent allowed by Texas law from and against all liability, loss penalties, or damages assessed
against or incurred by either party hereto, its officers, directors, agents and employees or any of them
(including attorneys' fees and court costs incurred by any party indemnified hereunder) as a result of the
Wylie ISO, or its agent's or subcontractor's material noncompliance with this provision.
�
�
|
Section G: FumUy Education Riqhbs and PrivmcV Act of1974 ("F'ERPA")
For purposes of this Agreement, pursuant to the Family Educational Rights and Privacy Actof1Q74
(FERPA) and the prognam. District hereby designates the Fine Department as a school official with a
legitimate education interest in the educational records of the Students who participate in the Program
only tothe extent that access tothe naoomda are required by the Fine Department tocarry out the
Agreement. Wylie |SD understands that d shall not release any student information to any third parties
unless such release is authorized im writing bythe student's parent orguardian. Fire Department further
understands that the unauthorized release of student information to any third parties is a violation of
FERPA. To the extent allowed by Texas law, Fire Department agrees to indemnify to the extent ahlowed
by Texas law from any claims brought against Wylie ISD for any violation of this section by the Fire
Department'
"My organization will not discriminate on the basis of sex, race, co|or, national origin, dimabiUty, or age in
services, activities, or employment pnsotioes^
!
IN WITNESS WHEREOF, the parties hereto have caused this agreement tobe executed Ly their respective
authorized officers emmf the date and year first above written,
WYL|E FIRE DEPARTMENT WYL|E INDEPENDENT VVYLUE |SDVVYLIE |SD
\o
Name: � Namla:��'� �[ k���� ~/ \ �l�. �
�
Title: Title: �~���� � _����^rl��
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4-"���
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Authorized Signature Authorized
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/ ^
��/7 V� // Ln
Date: Date: ` � `~ � � � `+
i
�
Wylie City Council
AGENDA REPORT
'a yP 4+rv9Mka{ pr,
�kI.P�MYYk fl'tlkMA
Meeting Date: August 9, 2016 Item Number: D
Department: Planning (City Secretary's Use Only)
Prepared By: Renae' 011ie Account Code:
Date Prepared: August 1, 2016 Budgeted Amount:
Exhibits: 1
Subject
Consider, and act upon, approval of a Preliminary Plat for New Haven at Wylie Addition, creating one lot on
3.126 acres, generally located on the northeast corner of Brown Street and Westgate Way.
Recommendation
Motion to approve a Preliminary Plat for New Haven at Wylie Addition, creating one lot on 3.126 acres,
generally located on the northeast corner of Brown Street and Westgate Way.
Discussion
Owner: Birmingham Land Ltd Applicant: Engineering Concepts Design, LP
The property totals 3.126 acres and will create one lot currently zoned as Neighborhood Services with a Special
Use Permit for Assisted Living.
The plat, and later separate instruments, shall also dedicate the necessary rights-of-way, fire lanes, utility,
construction, and drainage easements.
A Site Plan was approved by the Planning and Zoning Commission on July 19, 2016.
This Preliminary Plat complies with the applicable technical requirements of the City of Wylie.
PLANNING& ZONING COMMISSION DISCUSSION:
The Planning and Zoning Commission voted 6-0 to recommend approval subject to additions and/or alterations
to the engineering plans as required by the Engineering Department.
(Rev 01/2014) Page 1 of 1
N e s OWNER'S CERTIFICATE AND DEDICATION
e I r�1 SF 10 24 STATE of TEXAS
r
CAB N,
,
I e COUNTY of COLLN
in
1s' sRENT—+-7 { t.y r euervc CAB'r'.re nWHEREAS BIRMINGHAM LAND,LTD,BEING THE OWNEP of a B3 126 acre tract of land situated
n�g
- port of o tract of lond described in deed.Birminghom Lond L..recorded in
— \ - - S Bb 44-38 E 3Z4,25 1 n SITE
File No.9 County errs
G
L {- _ -- % E s MORN n intersection the/ t t e or Westgate Way.a 60 ft.right-of-way and Brown
Texas
NNING at a
the
Silili
corner at
7 µ/ eo'eu LD NG LrvE a variable width right-of-way I N '42 W , l5fiT —
J Street .
De I zo1.z3 —
dNITARy
lox 5A EASEMENT THENCE North 01 degrees 13 minutes 27 seconds East gong the east right-of-way n said
1 40 20 0 40 80 Westgate Way,a distance or 357.19 fee,to / ad with cop stomped RPLS 3963
line
set for.e southwest corner of a Park tract,
on odd N'
ribed in
m�=�� SALE NFEET v/ second.e a and with cap bears South» g =41 minutes 67
recorded Cabinet N
The Meadows of Birmingham,Phase
f 1
'\ m m _ ZONED.ANDS W/SUP , 4s seconds w a distance a
I ee
.V t w T (3.126 ACRES) I THENCE south 8e degrees 44 minutes 3e seconds East alon the
distance of 379 25 feet to the southeast earn r of said Park South fro h
wn c e//2
u, `II of said POO,0
ut e bear NariM1 18 degrees 33 m nutes 1T seconds East a distance of 0.18 feel said corner being
LOT 1, BLOCK A m n the west line of Lot 1 Block A Birmingham Elementary Schoo as recorded in Cabins 2011.
m .^ W Er VICINITY MAP Poge 2t3 of ss d Pat Records
302i PC von the West Inc of said Lot t,N N w THENCE South 00 degrees 38 minutes 33 seconds West g a
. m1 distance of 35722 feet t 5/B
e southwest corner of said La g the north g e of said Brag
I 22 s� / / ry 204E Street,
a red w
Q . 0W< E ,E,.5S a E 15RI
,h cap stamped R FLS 3063 set far the
�� eA4>rie u2P NHENaEaN es of an mare➢r see set,O the FONT➢F BE6NNN6 and ean,a g 6151
d
' . w`LLr _OB E - NOW THEREFORE KNOW A PRESENTS.
- E 8e42 ra T4 a0
"' nsFUENHP
o' M SF 10 24 NOTICE CE Selling t t'
REMAINDER
r- dition by metes and bounds is o
violation finesbject to an addition to the of Wylie, to
LTo e�RMw SCHOOL St t,WILLIAMSd
THAT B
opt this plat designating the herein above described property as NEW HAVEN AT WYLIE
ADDITION,hereby d
'^ SURVEY rz 04'E ghts-of-way,and other public improvements shown
p public
5 e ea 2 T an ---es an thereon T
oaeeT " - A 7P27 _P P Tz.08' weTT. building permits indicated
pub use
shall be
' ' n. I 3 improvementsconstructed or placed upon,over or across the easements as I an this plat No buildings,fences,trees,ShrULLS or other improvements
n wri that e
except t
approved by the City Council or v
30'FIRE LANE for the mutual use an
I✓ e
of d t utilities d t the some unless the easement
/ II L IIIIa / limits the use to particular utilities,said use and City or wves use thereofy UN,utilities being subordinate note tot p es
„� �„ me city a 6 hove the right to remove a keep removed
or parts a growths which
moy in
any wav eauM1e e
's'
_ respective systems in sold easements The City of Wylie ond public utility entities shall ot all
'.-__,-,s1 I II2II745TI"IAI I I times have the full right of ingress and egress.or from their respective easements for the
PurPoe a.
= E rvconstructinreconstructininsPectin y t y me
—T yp
a
2 at ect platting ordinances es a an
,T SK r_ re,m ,OhS. ._
t afwye
�e(cov\ `=R.a DEDICATION N tltl"44 yL W Stl:S.ON� g LINE TABLE
curing permis,ion from anyone
WTNEss my hand the me day of 2m6.
POINT OF oose \ Lry / No precm ory DST,wce
42.so T
"C sW FOR:BRM NGNAM LAND LTD.
wo wnrEa EuwT
BEGINNING _ wtrna2ei s LI s„2 04 w Rocs Bv:
L2 s men s w
6.00
BROWN STREET(FM 3412) BRD L3 see44 e E25od Authorized Signature or OwnerH LE _n(
-————— ———————————————————————————————— T wanted Name and Title
c DEL,resE DEL, reoolus TANGENT LENGTH CHORD o BEARING CHORD
1 SF 10-24 STA,OF TEXAS
COUNTY OFCOLLIN
BEFORE ME.tne undersigned autnarity,a Notary Puolic in ond far said County and Stote.an tnis date
C3 aga•oa•oo" 25 oo' 25 oo• 3927 r.4 43317.56'VI 35 as Personally appeared •known to me to I,e the Person who,e,,,,,,.',subscribed,
"RECOMMENDED FOR APPROVAL" 2s as40400 2,00 25 00 722T N 4s12o4 E 753s rva9�aeeot�oa tnere�a r_.Feessee vaa a the=oF r eee�a sHaHea. F F
GIVEN MY HAND AND SEAL OF OFFICE IHIS DAY OF .2016
ctty o awyllelare=ae Zoning Commission DateNOTARY PUBLIC FOR THE ATE of TEXAS
IA,COMMISSION EXPIRES
'APPROVED FOR CCINSTRUCTIOW
SURVEYOR'S CERTIFICATE
Mayor. y of Wyle,Texos Date KNOW ALL MEN BY THESE PRESENTS.
That L Robert C.Myers.do hereby certify that I prepared this plat from an actual
d that.e corner monuments shown thereon
"ACCEPTED" yy naI superws�➢n�n accordance w�tn the
ub4lN,747'OT,P2n o ce r the Ci,72'27yller
Preliminary.this document sholl not be recorded for any purpose ond sholl not be
Mayor,City of Wylie,Texas Date NOTESreleased on June 27,2016 for review by the City a.other parties for commentsused or viewed or relied upon as a final survey document ,is preliminary plat is
ond
ression.on opproved
plot
r. Preliminary Plat for review purposes only ROBER E9C.MYERS y af'
y II GUI'*s
-APPROVED AND ACCEPTED' Bearings ore emieePlane'NNAoa3tTexas lNorth Cetlo-all Zane ND SURVEYOR �. "PRELIMINARY PLAT
S,is plat is ubdivisionRegulationsypprovd ino No. ice with Section 2rr.B of the y Wylie
4202.Lambert conformal come feet(Tx 3-ef). STATE OF TEXAS N0.3963
e epq�9 OWNER
FOR REVIEW PURPOSES ONLY"
within o Spec.Flood RosoL °e5cribed(SPHA(hereon does not lie a an C9H6' BIRMINGHAME LAND.LTD PRELIMINARY PLAT
the Collin ce Rate County, e Map and Incorporated
48085C0420,M datedd 613 NW June 2. SAN ANTONIO Tx 78216
WYLIE. LOOP 4,D, NEW HAVEN AT WYLIE
certifies ed. DEVELOPER T�T� fT 1�T the City ofthat
ylee was p information es determination and thes COLIN,OF COLLIN GLOBAL SENIOR HOUSING ADDITION
2015 and the Council.by formal action.then and there accepted thecertifyPO BOX 1297
revised foodplain,in information eM1 does
been
g o„HN y.
dedication of streets alleys.porks.eosements.public ploces.ond woter
ed by the Federol Emergency Monagement Agency or
Cou sewer lines as ncil authoriwn ond zed the Mat rprth in to note d upon theaccepid plot and tance thereof eight may b bydm consideration therein expressed and in the capacity herein stored, ne same for ins purpose and
tv EAGLE,I0 83616 BEING
s° p sold
by statement shall t t b to
signing e name as hereinabove bece1bed a emen e a not create liability e 3.126 ACRES
Part of the surveyor GIVEN MY HAND AND SEAL OF OFFICE THIS DAY DE ,201e. R.C.MYERS SURVEYING,LLC
Witness my hand this day of A.2016 5 All corners set hereon e 5/8'Iron Roes w� y w cap 3400 OXFORD DRIVE
SITUATED IN THE
stamped RPLS Number 3963. (214)532-0636 FAX(9T2)B 41-e 5 D.WILLIAMS SURVEY,ABS NO.1021
NOTARY PUBLIC FOR THE ATE OF TExAS EMAIL rveyin2 egmah corn CITY OF WYLIE,COLLIN COUNTY,TEXAS
chy secretary MY COMMISSION EXPIRES Job.No.
y wNe.Texas
SHEET 1 or t senLe.t 02030\DWG\2030 Preliminary Plat.dwg
, , , " °�� Wylie City Council
AGENDA REPORT
Meeting Date: August 9, 2016 Item Number: E
Department: Finance (City Secretary's Use Only)
Prepared By: Linda Bantz Account Code: Various
Date Prepared: August 1, 2016 Budgeted Amount:
Exhibits: 2
Subject
Consider, and act upon, Ordinance No. 2016-13 amending Ordinance No. 2015-30 (2015-2016 Budget) for the
purpose of distributing funds that were previously budgeted for hail storm damage repairs to the proper
departments and accounts; providing for repealing, savings and severability clauses; and providing for an
effective date of this ordinance.
Recommendation
Motion to approve, Ordinance No. 2016-13 amending Ordinance No. 2015-30 (2015-2016 Budget) for the
purpose of distributing funds that were previously budgeted for hail storm damage repairs to the proper
departments and accounts; providing for repealing, savings and severability clauses; and providing for an
effective date of this ordinance.
Discussion
Following the hail storm that occurred on April 11, staff was directed to allocate funds to cover the cost of
repairs for damages caused by the hail storm as part of the Mid-Year Budget Amendments, Ordinance 2016-07
passed on April 26, 2016. Due to the severity of the damage and the unknown scope of the necessary repairs, it
was decided to budget for these repairs in the Combined Services departments of the General Fund and 4B
Sales Tax Fund and re-allocate the funds at a later date. Council is now being asked to consider re-allocating
the funds budgeted for hail storm damage repairs to the proper departments and accounts.
Page 1 of 1
ORDINANCE NO. 2016-13
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
ORDINANCE NO. 2015-30 (2015-2016 BUDGET) FOR THE PURPOSE OF
DISTRIBUTING FUNDS THAT WERE PREVIOUSLY BUDGETED FOR
HAIL STORM DAMAGE REPAIRS TO THE PROPER DEPARTMENTS
AND ACCOUNTS; 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") has
investigated and determined that it will be beneficial and advantageous to the citizens of the City
of, Wylie, Texas ("Wylie") to amend Ordinance No. 2015-30 (2015-2016 Budget) for the
purpose of distributing funds that were previously budgeted for hail storm damage repairs to the
proper departments and accounts; and
WHEREAS, the total funds set aside for hail storm damage repairs to be redistributed is
$684,462.82.
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 Ordinance No. 2015-30 (2015-2016 Budget). Ordinance
No. 2015-30 (2015-2016 Budget) is hereby amended to allow for the appropriations shown on
Exhibit 1 attached:
SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with
this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for
violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being
commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining
portions of conflicting ordinances shall remain in full force and effect.
SECTION 4: 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, sentence, clause, or phrase thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid.
Ordinance 2016-13
Amending 2015-2016 Budget(Ordinance No.2015-30)
Page 1 of 2
SECTION 5: Effective Date: This Ordinance shall become effective immediately upon
its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on this 9th day of August, 2016.
Eric Hogue, Mayor
ATTESTED AND CORRECTLY
RECORDED:
Carole Ehrlich, City Secretary
Ordinance 2016-13
Amending 2015-2016 Budget(Ordinance No.2015-30)
Page 2 of 2
Budget Amendment
Redistribution of Funds Allocated for Hail Storm Damage Repairs
General Fund
Department Account Debit Credit
City Manager 100 5112-52010 $ 20.56
Finance 100 5131-52130 $ 289.76
Facilities 100 5132-54910 $ 160,985.01
Court 100 5152-52010 $ 3,453.49
100 5152-52130 $ 4,353.95
100 5152-52810 $ 22.26
IT 100 5155-52130 $ 600.06
Comb Services 100 5181-54510 $ 39,308.89
100 5181-56680 $ 136,626.85
Police 100 5211-52130 $ 3,636.94
100 5211-52310 $ 32.80
100 5211-52810 $ 168.44
100 5211-56040 $ 84,184.96
100 5211-56110 $ 599.97
100 5211-56180 $ 10,540.00
100 5211-58510 $ 70,414.76
Fire 100 5231-52130 $ 686.87
100 5231-52810 $ 55.51
100 5231-54530 $ 213.28
100 5231-54610 $ 1,343.00
100 5231-54910 $ 30.31
100 5231-56040 $ 8,437.87
Comm 100 5241-52010 $ 113.46
100 5241-52130 $ 849.15
100 5241-52310 $ 1,605.66
100 5241-52810 $ 103.86
100 5241-54610 $ 29.75
100 5241-54630 $ 35.19
100 5241-56040 $ 42,383.00
100 5241-56110 $ 25,234.39
Department Account Debit Credit
100 5241-56120 $ 1,079.94
100 5241-56180 $ 6,782.00
Streets 100 5411-52130 $ 24.90
100 5411-54250 $ 2,547.00
100 5411-54530 $ 1,260.68
Parks 100 5511-52550 $ 422.00
100 5511-52610 $ 15,674.12
100 5511-54530 $ 191.10
100 5511-54630 $ 183.47
100 5511-54910 $ 1,132.61
100 5511-56040 $ 8,805.00
Comb Services 100 5181-56040 $ 634,462.82
4B Sales Tax Fund
Department Account Debit Credit
4B Brown House 112 5612-54630 $ 14.40
112 5612-54910 $ 20,958.20
4B Senior Center 112 5613-52130 $ 121.64
112 5613-52810 $ 11.92
112 5613-54530 $ 2,276.61
112 5613-54910 $ 25,660.53
112 5613-56210 $ 956.70
4B Comb Services 112 5000-56040 $ 50,000.00
CHYM V H F
Memo
To: Mindy Manson, City Manager
From: Linda Bentz, Finance Director
Date: 8/1/2016
Re: Update on Hail Storm Repairs
Building Repairs:
• McCarthy Architects has been hired to review Fire Department buildings, the Senior Recreation
Center and the Brown House for structural damages.
• The quote for the roof and gutters at the Senior Recreation Center has been approved by the
adjustor and the bid needs to be reviewed by City staff prior to work commencing.
• Quotes have been received for fire station roofs/gutters/siding and the adjustor is providing
updated estimates (adjusting for July price increases). We will request quotes from other co-op
roofers.
• Fire Alarm Panels at Public Safety Building and Senior Recreation Center have been repaired.
• City staff is obtaining quotes on work to be performed using the adjustor's report and then
working with our adjustor to get preapproval for any cost overage determined when the quotes
on repair work are obtained.
Fire Department:
• Stations 1 & 2: All windows have been replaced with new windows.
• Stations 1 &3: Garage bay doors have been ordered and are to be installed week of 8/1.
• Stations 1 &3: Generator parts are on order.
• Stations 1 &3: Metal patio cover and roof are on order.
• Stations 1 & 2: Exterior Doors are on order.
• Stations 1 &3: We have received quotes from contract vendors for interior sheetrock repairs
and are waiting for roof repairs before starting.
o Note: There was an additional interior water leak at Station 3 (not hail storm related)
and the claim has been submitted to TML.
• Communication Towers: All the towers have been inspected, quotes received and repairs are
underway.
• Dispatch Temporary Building: Building is 100% complete and operational.
• Vehicles: Staff is working with a repair shop in Farmersville and this is in process.
Parks: Their initial focus has been on the shade structures and playground equipment.
• Shade Structures: All have been repaired except for dug-out covers at Community Park and
quotes are in process.
• Playground Equipment: All is on order and/or is in storage waiting for installation.
Vehicle Repairs: There are 66 units to repair and 28 units are not being repaired. There are
approximately 5-6 being done per week depending on depending on vendor capacity.
For vehicle repairs done the body shop is using the adjustor's report as a guide to repairs needed/cost
allowed. If they find any additional repairs needed they are consulting with the adjustor and we are
then sent supplemental funds so the entire repair cost is covered by our insurance.
� Wylie City Council
AGENDA REPORT
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Meeting Date: August 9, 2016 Item Number: 1
Department: Planning (City Secretary's Use Only)
Prepared By: Renae' 011ie Account Code:
Date Prepared: August 4, 2016 Budgeted Amount:
Exhibits: 1
Subject
Tabled Item from 6-28-2016
Remove from table and consider
Hold a Public Hearing and consider, and act upon amending regulations to Zoning Ordinance 2008-47, Article 6, Section
6.3 Downtown Historic District (DTH) as it relates to design guidelines and standards within the Downtown Historic
District. ZC 2016-07
Recommendation
Motion to table amending regulations to Zoning Ordinance 2008-47, Article 6, Section 6.3 Downtown Historic District
(DTH) as it relates to design guidelines and standards within the Downtown Historic District.ZC 2016-07
Discussion
At its June 28, 2016 meeting, the Council directed staff to establish a work session with the Historic Review Commission
to provide reasonable guidelines.
In accordance with Resolution No. 2003-20(R), Rule 6, a tabled item must be acted upon or re-tabled at the third meeting.
The City Council has declared as a matter of ordinance that the preservation,protection, and use of landmarks and historic
districts is a public necessity because they have a special character or a special historic, architectural, aesthetic, or cultural
interest and value and thus serve as visible reminders of the history and heritage of the City of Wylie.
Staff is requesting that the item be re-tabled to the September 27, 2016 meeting to allow for a work session.
(Rev 01/2014) Page 1 of 1
Wylie City Council
1.
AGENDA REPORT
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Meeting Date: August 9, 2016 Item Number: 2
Department: Planning (City Secretary's Use Only)
Prepared By: Renae' 011ie Account Code:
Date Prepared: August 3, 2016 Budgeted Amount:
Exhibits: 4
Subject
Conduct the 1s`Public Hearing for the annexation of approximately 5.23 acres of land situated in the Francisco De La Pina
Survey, Abstract No. A0688, Tract 126, Collin County, Texas, located 1023 Kreymer Lane (1023 Private Road 5259).
Recommendation
Conduct Public Hearing only.No action is necessary.
Discussion
Property Owner: Odie Hall Living Trust Applicant: Jim Koch—Serene Global
This annexation is at the request of the property owner and applicant of a 5.23 acre tract. The subject tract is contiguous to
existing city limits on the northern side, while properties to the south, east and west are within unincorporated Collin
County.
At its August 2nd meeting, the Planning Commission voted 5-1 to recommend approval to rezone the properties to the
north from AG/30 to Single-Family 10/24. This item will be on the August 23rd Council agenda. The applicant desires to
bring the subject tract into the city and eventually combine it with the northern properties within city limits and develop it
as a single family residential community.
Exhibits attached: Exhibit "A" Legal Description; Exhibit "B" Annexation Exhibit; Exhibit "C" Boundary Survey;
Exhibit"D" Service Plan
Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2)
public hearings at which persons interested in the annexation are given the opportunity to be heard. The notice for each
hearing must be published at least once on or after the 20th day but before the 10th day before the date of the hearing and
must remain posted on the municipality's website until the date of the hearing. In compliance with state law, the following
schedule has been adhered to:
Notice published for Public Hearings July 20, 2016 and August 3, 2016
First Public Hearing August 9,2016
Second Public Hearing August 23,2016
Adoption of Ordinance September 13,2016
Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. This annexation is being
conducted in compliance with Sections 43.052 (h) (2) and 43.063 of the Local Government Code.
(Rev 01/2014) Page 1 of 1
EXHIBIT A
Property Description (south/annexation)
SITUATED in the State of Texas and the County of Collin, being part of the Francisco De La
Pina Survey,Abstract No. 688, being all of a called 5.230 acre tract of land conveyed to Odle
Hall Living Trust by deed recorded in Volume 5424, Page 4662 of the Deed Records of Collin
County, Texas and these premises being more particularly described as follows:
BEGINNING at a point for corner in the west line of Kreymer Lane and in the north line of a
called 8.96 acre tract of land conveyed to Baby Abraham and Annamma Abraham by deed
recorded in Document No. 20130830001232590 of the Deed Records of Collin County,Texas
and marking the southeast corner of said 5.230 acre tract, from which a 1/2 inch iron rod
found for reference bears South 88°10'56"West, 3.68 feet;
THENCE with the north line of said 8.96 acre tract and the south line of said 5.230 acre tract,
South 88°10'56"West, 1099.01 feet to a 1/2 inch iron rod found for corner in the east line of a
called 21.054 acre tract of land conveyed to William R.Talbert by deed recorded in Document
No. 2014111700125200 of the Deed Records of Collin County,Texas and marking the
northwest corner of said 8.96 acre tract and the southwest corner of said 5.230 acre tract;
THENCE with the east line of said 21.054 acre tract and the west line of said 5.230 acre tract,
North 03°24'46"West, 205.70 feet to a 1 inch iron pipe found for corner marking the
southwest corner of a tract of land conveyed to Kikuchi Living Trust by deed recorded in
Document No. 95-0091053 of the Deed Records of Collin County,Texas and the northwest
corner of said 5.230 acre tract;
THENCE with the south line of said Kikuchi Living Trust tract and the north line of said 5.230
acre tract, North 88°13'47" East, 1103.24 feet to a point for corner in the west line of Kreymer
Lane and marking the southeast corner of said Kikuchi Living Trust tract and the northeast
corner of said 5.230 acre tract;
THENCE with west line of Kreymer Lane and the east line of said 5.230 acre tract, South
02°14'05" East, 204.71 feet to the Point of Beginning and containing 5.186 acres of land,
more or less.
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Property Descnploo
SMOKED e w Stale al Teas.Courtly of Coln ad the city el Wyie. 13,
being pal of w Fronde=De to Pm Sump./helmet No.688,being
all al a called 11,006 acre brat of Ned arrived to Beattie Charm q
deaf recorded in Dawned No.20000210000137050 of the Dad aT r[V(ImI e.he 1). 100' 200'
Records of Coln Cary,Tem ai el a tract of lad ceased to WI
rhi NV It q deed recorded a Oaanen1 No. al 95-0001053 1 hereby artily Not a the25th day of K elt 2016.this Navy we note Saxe faded'
pe0 Roam of Cgln County,has and as al a ceded 5.230 are en w mad es pa the field note than en the sire and is woe,
tract of Find conveyed to Ode Hall living Trost q deed recorded in caract and occonte ae to the DoundaMe and areas al Ito palest properly
Veers 5424.Poge 4662 of w Deed Records of Coin County.Tema cod the on.oalbrr.o l types of holdings oed Nome: eta amen.2
ad Owe proNteo sang mom Por6play deomOed as cobra: any.end as to w odr callers de.herein ant covertly than w
boatel of al nee.easserna and Sets-al-.ay ad a al r¢ee-of-way. Mega
BECPRONC a1 a 3/8 inch ion rod load for comer in the amth line of easements.Old on/other oaten of record,or of eA7ch I love be.kOge
Avian Adeltion Pnee I.an addition to lee City al Wylie,Colt M
County, or cove been abroad. ar or nit al read, alkaline the subject
resat.according tow plat domed recorded in Veume 2006.Pepe 207 property.and Dr Kota of al curb Mt told onewaya,rl coy. say D.e rw or awe an.
el w Plat Rama of Coin County,lams and moreby the rwwat
corner of a ceded 11.05 acre tract al land owned to eloomfrtl Carp es Down n w surrey.ten m m enwamards upon w w we Wham
M.P.LP.by deed recorded;n Document No.20141117001250220 of abed moldy g'^Po`a^rnte on adoanl poppy.owe are ao
the Ord Reeds 01 Cg6n County.Tees and(he artheet came Of aMonla on°decent reedy.!trees.or am,q any kno,.emma ro rm.o"Pr
tad Deed R sae heel: on w subject Drapery.W Noe are no contras or d m ande. es .arrow
Both.o:tubr and pexeri.+pert R ad w to eves!fro.w sblccd _. F r..
I oecE.th w earth W ear a sad Ado Addition ix.1 m sty rt prided by Km..taw. wag pored a pbk road..y. �_.L yes
north to h one KW 11.006 are tract Noe 8631'02.Eat 1116.87 Net edam chg.)the sublet prapaty ono a p6ebdy open oed bong erode
!o 0 1/2 inch iron red cippco'Rooms ml for Cane in w east line
of Krayme law(vaiooW adds eight-a-way)and mertng the nOrth1631 De saner enrtn rah w anent hoes Soder al Prele semi knetae
corm of sod 11.006 acre traC Standee eb so.r.e..Ip°C°NTre M.Cm:W.s S.M.
THENCE rich wee line of Kreymer low.the eat ter of sod 11.006
ate tract,the east Tine of and Kikuchi Living Trust tract end 0.lest ,,��D fit-.( r.,
:no al said 5.230 are trot South 0714'05'Eml.posting a meta Y"�"'T `."/ll, •y�ib 'pet '.
[sae tamer pant forma la relereree emrla,n w mutteve cart.al 14:uae1 Curm PP / * !
sot 11.006 al 429.09 fel ad cmamicng for a le7d ddtmce 01 05081 Reechoed Prolasaari Lod _1C Aar.CU220..
feet to a point la comer in w north fro of a coded 6.96 by
am tract SUMO,No.5693 , •
rrecaadcn DEea,nvoyed a t No.o.20 Nathan
oof the acINK Raconat of ,'��d 5693+ '', Boundary Survey
Coda Couny.Tema and awes)w southeast cam el Mel 5.23D .+t• ).•+ti 1023, 1033& 1053 Kreymer Lane
are war`from etch a 1/2 ea, food for reference beat 21.925 Acres
South Br10'56'West,3.68 foe;
Nob,.1)CN is o caballed Moment 2)Sune7Ora drawn vie°°pear Francisco De La Pine Survey,Abstract No.688
$NEiCE with the In north .of said 695 are bat and the south in.of n on yet w, ceralyd cope.3)Scree bearing per try opi al A.alon J
tad 5.230 are tract stub Mine West t099.01 feat to a 1/2 Aa tion Rae I receeded n Yoked 2036.Pods 207 al the Plot Roam a City of Wylie,Collin County, Texas
inch eon rod load for comer in w east W of a toted 21.054 we Coin Cooly,Tema;4)No paten of the object meaty a down to 4
Nod of lend conveyed to react R.Tided q deed retarded in 'thin a specie ltood'Nerd Area iamdeted by t170-year Thad per bap No. March 2016
Document No.2014111700125100 of the Deed NKmds of Collin County, 4r60B5C0420 J of the T.Etu hood Inseam Role slops for COI.Canty.
Tema and mend w mordent comer of mid 6.96 aces trod and le cue ad e+0apaoted Nes.sled Jim 2.NH(Zee II}5)Ills Nee
maAh+et comer al sad 5.230 acre hat: .oar oedema Arad w barge of a No oommemenl:6)nib seer te PAILVD1031V061767604
nlyded la w nadir"ore of w here.noted are.pmnoser.IAN
NO CE eth the east one of ad 21.054 acre trot,the east lit of company and/or mortgage company only de the pray h mate e
said 11.05 acre tract.the west for of said 5.230 acre bat.the west awda.e with the lies mnmitmal referenced q the a rumba Wen Dome Land Surveying,InC.O
Eno al said Resat Nee Oat Iral and the wet Ins al Bald 11.006 hereon as proud b/the oaae staled tied carper 7)toed=Mote 1
sae sal.Noah 03-24'46'Wet 86565 trot tow Path al BNONNV cue n AW.Main Rea l a.w mean)maumwb;a)Der (00 Amt,n G p\uIN
and cord" 21.925 era of lent man et less Lead'.teaaad nor m Imprpemerta lyre been skean '-tt10Mmae.7507 sln
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EXHIBIT "D"
CITY OF WYLIE, TEXAS
SERVICE PLAN FOR ANNEXED AREA
ODIE HALL-SERENE BUILDERS TRACT
ANNEXATION ORDINANCE NO.:
DATE OF ANNEXATION ORDINANCE: XX-XX-XXXX
ACREAGE ANNEXED: 5.23 acres
SURVEY, ABSTRACT & COUNTY: Francisco De La Pina Survey, Abstract
No. A0688, Tract 126, Collin County, Texas
Municipal Services to the acreage described above shall be furnished by or on
behalf of the City of Wylie, Texas (the "City"), at the following levels and in
accordance with the following schedule:
A. POLICE SERVICE
1. Patrolling, responses to calls and other routine police services, within the
limits of existing personnel and equipment and in a manner consistent
with any of the methods of the City, extends police service to any other
area of the municipality, will be provided within sixty (60) days of the
effective date of the annexation ordinance.
2. As development and construction commence in this area, sufficient police
personnel and equipment will be provided to furnish this area the
maximum level of police services consistent with the characteristics of
topography, land utilization and population density within the area as
determined by the City Council within four and one-half (4-1/2) years
from the effective date of the annexation ordinance, or upon
commencement of development within the area, whichever occurs later.
3. Upon ultimate development of the area, the same level of police services
will be provided to this area as are furnished throughout the City.
FIRE SERVICES
1. Fire protection by the present personnel and the present equipment of the
Fire Department, within the limitations of available water and distances
from existing fire stations, and in a manner consistent with any of the
methods of the City, extends fire service to any other area of the
municipality, will be provided to this area within sixty (60) days of the
effective date of the annexation ordinance.
2. As development and construction commence in this area, sufficient fire
and emergency ambulance equipment will be provided to furnish this area
the maximum level of fire services consistent with the characteristics of
topography, land utilization and population density within the area as
EXHIBIT "D"
determined by the City Council within four and one-half (4-1/2) years
from the effective date of the annexation ordinance, or upon
commencement of development within the area, whichever occurs later.
3. Upon ultimate development of the area, the same level of fire and
emergency ambulance services will be provided to this area as are
furnished throughout the City.
C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT
SERVICES
1. Enforcement of the City's environmental health ordinances and
regulations, including but not limited to, weed and brush ordinances,
junked and abandoned vehicle ordinances and animal control ordinances,
shall be provided within this area sixty (60) days of the effective date of
the annexation ordinance. These ordinances and regulations will be
enforced through the use of existing personnel.
2. Complaints of ordinance or regulation violations within this area will be
answered and investigated within sixty (60) days of the effective date of
the annexation ordinance.
3. Inspection services, including the review of building plans, the issuance of
permits and the inspection of all buildings, plumbing, mechanical and
electrical work to ensure compliance with City codes and ordinances will
be provided within sixty (60) days of the effective date of the annexation
ordinance. Existing personnel will be used to provide these services.
4, The City's zoning, subdivision, sign and other ordinances shall be
enforced in this area beginning within sixty (60) days of the effective date
of the annexation ordinance.
5. All inspection services furnished by the City, but not mentioned above,
will be provided to this area beginning within sixty (60) days of the
effective date of the annexed ordinance.
6. As development and construction commence in this area, sufficient
personnel will be provided to furnish this area the same level of
Environmental Health and Code Enforcement Services as are furnished
throughout the City.
D. PLANNING AND ZONING SERVICES
The planning and zoning jurisdiction of the City will extend to this area
within sixty (60) days of the effective date of the annexation ordinance.
City planning will thereafter encompass this property, and it shall be
entitled to consideration for zoning in accordance with the City's
Comprehensive Zoning Ordinance and Comprehensive Plan.
EXHIBIT "D"
E. PARK AND RECREATION SERVICES
1. Residents of this property may utilize all existing park and recreational
services, facilities and sites throughout the City, beginning within sixty
(60) days of the effective date of the annexation ordinance.
2. Additional facilities and sites to serve this property and its residents will
be acquired, developed and maintained at locations and times provided by
applicable plans for providing parks and recreation services to the City.
3. Existing parks, playgrounds, swimming pools and other recreational
facilities within this property shall, upon dedication to and acceptance by
the City, be maintained and operated by the City of Wylie, but not
otherwise.
F. SOLID WASTE COLLECTION
1. Solid waste collection shall be provided to the property in accordance with
existing City policies, beginning within sixty (60) days of the effective
date of the annexation ordinance. Residents of this property utilizing
private collection services at the time of annexation shall continue to do so
until it becomes feasible because of increased density of population to
serve the property municipally. Commercial refuse collection services
will be provided to any business located in the annexed area at the same
price as presently provided for any business customer within the City,
upon request.
2. As development and construction commence in this property and
population density increases to the property level, solid waste collection
shall be provided to this property in accordance with the current policies
of the City as to frequency, changes and so forth.
3. Solid waste collection shall begin within sixty (60) days of the effective
date of the annexation ordinance.
G. STREETS
1. The City's existing policies with regard to street maintenance, applicable
throughout the entire City, shall apply to this property beginning within
sixty (60) days of the effective date of the annexation ordinance. Unless a
street within this property has been constructed or is improved to the
City's standards and specifications, that street will not be maintained by
the City.
2. As development, improvement or construction of streets to City standards
commences within this property, the policies of the City with regard to
participation in the costs thereof, acceptance upon completion and
maintenance after completion, shall apply.
3. The same level of maintenance shall be provided to streets within this
property which have been accepted by the City as is provided to City
streets throughout the City.
EXHIBIT "D"
4. Street lighting installed on streets improved to City standards shall be
maintained in accordance with current City policies.
H. WATER SERVICES
1. Connection to existing City water mains for water service for domestic,
commercial and industrial use within this property will be provided in
accordance with existing City policies. Upon connection to existing
mains, water will be provided at rates established by City ordinances for
such service throughout the City.
2. As development and construction commence in this property, water mains
of the City will be extended in accordance with provisions of the
Subdivision Regulations and other applicable ordinances and regulations.
City participation in the costs of these extensions shall be in accordance
with the applicable City ordinances and regulations. Such extensions will
be commenced within two (2) years from the effective date of the
annexation ordinance and substantially completed with four and one-half
(4 1/2)years after that date.
3. Water mains installed or improved to City standards which are within the
annexed area and are within dedicated easements shall be maintained by
the City of Wylie beginning within sixty (60) days of the effective date of
the annexation ordinance.
4. Private water lines within this property shall be maintained by their
owners in accordance with existing policies applicable throughout the
City.
I. SANITARY SEWER SERVICES
1. Connections to existing City sanitary sewer mains for sanitary sewage
service in this area will be provided in accordance with existing City
policies. Upon connection, sanitary sewage service will be provided at
rates established by City ordinances for such service throughout the City.
2. Sanitary sewage mains and/or lift stations installed or improved to City
standards, located in dedicated easements, and which are within the
annexed area and are connected to City mains will be maintained by the
City of Wylie beginning within sixty (60) days of the effective date of the
annexation ordinance.
3. As development and construction commence in this area, sanitary sewer
mains of the City will be extended in accordance with provisions of the
Subdivision Regulations and other applicable City ordinances and
regulations. Such extensions will be commenced within two (2) years
from the effective date of the annexation ordinance and substantially
completed within four and one-half(4 1/2) years after that date.
EXHIBIT "D"
J. MISCELLANEOUS
1. Any facility or building located within the annexed area and utilized by
the City in providing services to the area will be maintained by the City
commencing upon the date of use or within sixty (60) days of the effective
date of the annexation ordinance, whichever occurs later.
2. General municipal administrative services of the City shall be available to
the annexed area beginning within sixty (60) days of the effective date of
the annexation ordinance.
3. Notwithstanding, anything set forth above, this Service Plan does not
require all municipal services be provided as set forth above if different
characteristics of topography, land use and population density are
considered a sufficient basis for providing different levels of service.
4. The Service Plan is valid for ten (10) years from the effective date of this
Ordinance.
Wylie City Council
AGENDA REPORT
Meeting Date: August 9, 2016 Item Number: 3
Department: Finance (City Secretary's Use Only)
Prepared By: Linda Bantz Account Code:
Date Prepared: July 27, 2016 Budgeted Amount:
Resolution,Property Tax
Exhibits: Distribution Calculations
Subject
Consider, and act upon, Resolution No. 2016-21 (R) of the City Council of the City of Wylie, Texas, accepting the
proposed property tax rate for fiscal year 2016-2017, accepting the calculation of the effective tax rate, establishing dates
for public hearings on the proposed property tax rate, and providing for the publication as provided by the Texas Local
Government Code, Section 140.010.
Recommendation
Motion approving Resolution No. 2016-21(R) of the City Council of the City of Wylie, Texas, accepting the proposed
property tax rate for fiscal year 2016-2017, accepting the calculation of the effective tax rate, establishing dates for public
hearings on the proposed property tax rate, and providing for the publication as provided by the Texas Local Government
Code, Section 140.010.
Discussion
The City is required by law to follow certain meeting and notice (publication) guidelines identified in the "Truth in
Taxation" guide. In accordance with the "Truth in Taxation" laws of the State of Texas, the effective and rollback tax
rates and other information must be published and two public hearings must be held if an entity's proposed tax rate
exceeds the lower of either the effective tax rate or the rollback tax rate. This year's effective tax rate is $0.795191 and
the rollback tax rate is $0.829955.
The proposed 2016-17 budget is based on a tax rate of$0.8489 per $100 valuation. Any change in the proposed tax rate
will require revision of the proposed budget. The City Council is required to vote on the proposed tax rate and publish
required information at least seven (7) days prior to the first scheduled public hearing on August 23, 2016. A second
public hearing is scheduled for September 6, 2016. The Council may not adopt the tax rate at these hearings. At each
hearing, it must announce the date, time and place of the meeting at which it will adopt the tax rate. This meeting must
take place no less than three (3) days and no more than fourteen (14) days after the second public hearing. The City
Council's vote on the tax rate is scheduled for September 13,2016.
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.
Page 1 of 1
RESOLUTION NO. 2016-21(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, ACCEPTING THE PROPOSED PROPERTY TAX
RATE FOR FISCAL YEAR 2016-2017; ACCEPTING THE
CALCULATION OF THE EFFECTIVE TAX RATE;
ESTABLISHING DATES FOR PUBLIC HEARINGS ON THE
PROPOSED PROPERTY TAX RATE; AND PROVIDING FOR THE
PUBLICATION AS PROVIDED BY THE TEXAS LOCAL
GOVERNMENT CODE, SECTION 140.010.
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 the effective tax rate and the Statute requires
two public hearings in order to allow the City Council to consider acceptance and adoption of an
ordinance levying a proposed rate of$0.8489 per $100 valuation; and
WHEREAS, the Texas Local Government Code, as amended by adding Section 140.010,
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
$0.8489 per $100 valuation as the proposed property tax rate for fiscal year 2016-2017.
SECTION 2. The City Council of the City of Wylie, Texas, met in a public meeting on
August 9, 2016, and accepted this resolution with a majority vote.
SECTION 3. Public hearings shall be held on August 23, 2016, and September 6, 2016, at
6:00 p.m. in the City Council Chambers at the Wylie Municipal Complex, 300 Country Club
Road, Wylie, Texas, to receive public comment regarding the proposed tax rate.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on
this the 9th day of August 2016.
Eric Hogue, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Resolution No.2016-21(R)
Proposed Property Tax Rate FY2016-17
PROPERTY TAX DISTRIBUTION CALCULATIONS
FY2016-17 FY2015-16
Tax Year 2016 Tax Year 2015
TAX ROLL:
Assessed Valuation (100%) $ 3,325,563,066 $ 2,921,053,864
Rate per $100 0.848900 0.868900
Tax Levy Freeze Adjusted 28,230,705 25,381,037
Tax Levy - Frozen (Disabled/ Over 65)* 1,460,669 1,288,090
Total Tax Levy 29,691,374 26,669,127
Percent of Collection 100% 100%
Estimated Current Tax Collections $ 29,691,374 $ 26,669,127
SUMMARY OF TAX COLLECTIONS:
Current Tax $ 28,230,705 $ 25,381,037
Revenue From Tax Freeze Property 1,460,669 1,288,090
Delinquent Tax 300,000 195,000
Penalty and Interest
TOTAL TAX COLLECTIONS $ 29,991,374 $ 26,864,127
FY2016-17
FY2016-17 PERCENT FY2016-17 FY2015-16
TAX RATE OF TOTAL AMOUNT AMOUNT
GENERAL FUND:
Current Tax $ 0.623399 $ 20,731,492 $ 17,864,669
Revenue From Tax Freeze Property 1,066,288 906,687
Delinquent Tax 200,000 130,000
Penalty and Interest
Total General Fund $ 0.623399 73.44% $ 21,997,780 $ 18,901,356
DEBT SERVICE FUND:
Current Tax $ 0.225501 $ 7,499,213 $ 7,516,368
Revenue From Tax Freeze Property 394,381 381,403
Delinquent Tax 100,000 65,000
Penalty and Interest
Total Debt Service $ 0.225501 26.56% $ 7,993,594 $ 7,962,771
DISTRIBUTION $ 0.848900 100.00% $ 29,991,374 $ 26,864,127
�� � Wylie City Council
AGENDA REPORT
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Meeting Date: August 9, 2016 Item Number: 4
Department: Fire (City Secretary's Use Only)
Prepared By: Fire Account Code: Revenue/ 133-4000-44127
$426.00 per residential dwelling
Budgeted unit or$0.20 per square foot on
Date Prepared: July 11, 2016 Amount: non-residential structures
Exhibits: 4
Subject
Consider, and act upon, Ordinance No. 2016-14 authorizing the City Manager to amend Ordinance No. 2007-12
and Ordinance No. 2009-30 and Updating the Fire Development Fees to be Assessed by the City of Wylie, Texas;
Modifying Certain Regulations Relating to Fire Development fees; Providing a Penalty Clause,
Savings/Repealing Clause, Severability Clause and an Effective Date; and Providing for the Publication of the
Caption Hereof.
Recommendation
Motion to approve, Ordinance No. 2016-14 authorizing the City Manager to amend Ordinance No. 2007-12 and
Ordinance No. 2009-30 and Updating the Fire Development Fees to be Assessed by the City of Wylie, Texas;
Modifying Certain Regulations Relating to Fire Development fees; Providing a Penalty Clause,
Savings/Repealing Clause, Severability Clause and an Effective Date; and Providing for the Publication of the
Caption Hereof.
Discussion
The rationale behind the Fire Development Fee ("Fire Fee") is not to burden its current residents with the full financial
cost of providing new fire stations, new fire equipment, and new emergency services equipment for new development and
placing a substantial portion of the burden onto the developers creating the additional demands on emergency services.
The Fire Fee will allow the City of Wylie to maintain its current level of fire and emergency services to both old and new
development.
The Fire Fee Ordinance was adopted to promote the legitimate government interest of providing fire protection and
emergency services to all Wylie citizens while maintaining its current level of service. The City of Wylie requires a one-
time payment of the Fire Fee for building a new structure or increasing the square footage of an existing structure by more
than 50%. Based on the updated Fire Development Fee Study 2016, the actual projected fee cost has been reduced. The
Fire Fee Ordinance allows dedication of land for fire stations or payment of the Fire Development Fee in lieu of such
dedication.
(Rev 01/2014) Page 1 of 1
ORDINANCE NO. 2016-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, AMENDING ORDINANCE NO. 2007-12 AND ORDINANCE NO.
2009-30 AND UPDATING THE FIRE DEVELOPMENT FEES TO BE
ASSESSED BY THE CITY OF WYLIE, TEXAS; MODIFYING CERTAIN
REGULATIONS RELATING TO FIRE DEVELOPMENT FEES;
PROVIDING A PENALTY CLAUSE, SAVINGS/REPEALING CLAUSE,
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has
investigated and determined that it would be advantageous and beneficial to the citizens of the
City of Wylie, Texas ("Wylie") to update the fees assessed and collected for the construction of
new fire stations and the purchasing of new firefighting equipment; and
WHEREAS, the City Council has determined that it is safer for citizens and visitors to
Wylie to provide funding for the construction of new fire stations and new firefighting
equipment necessitated by new development; and
WHEREAS, the City Council has determined that to the extent that new development
creates demands for public Fire Department facilities and equipment, those demands should be
satisfied by shifting the responsibility for financing such public facilities and equipment from the
public to the development creating the demands; and
WHEREAS, the City Council has determined that the methodologies and analysis used
by City staff in determining the amount to be imposed herein as a Fire Development Fee are
reasonable and proportionate to the need created by the new development and to the benefit
received by the new development; and
WHEREAS, the City Council has determined that the Fire Department's capital
infrastructure is designed to be mutually reinforcing for safety in that fire stations and
firefighting equipment provide back-up and coverage throughout the Fire Department's service
area regardless of the physical location of a call for service within that area; and
WHEREAS, the City Council previously adopted an ordinance providing for the fire
development fee, Ordinance No. 2007-12 on April 24, 2007; and
WHEREAS, the City Council amended Ordinance No. 2007-12 by adopting Ordinance
No. 2009-30 on September 22, 2009, as part of a comprehensive settlement agreement with the
Home Builders Association of Greater Dallas and DR Horton Texas, Ltd.; and
WHEREAS, the settlement agreement provided that Wylie would not increase the fire
development fees for a five-year period, which has now expired; and
WHEREAS, the City Council has reviewed and accepted an updated fire development
Ordinance No.2016-14,
Amending Fire Development Fee Regulations Page 1 of 4
fee study completed on June 28, 2016, and hereby adopts this Ordinance to amend certain
portions of Ordinance No. 2007-12 and Ordinance No. 2009-30 as a result of the findings set
forth in such study and to modify certain regulations relating to the fire development fees.
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 Ordinance No. 2007-12. Sections 5 (Account to be
Established for Fire Department Fees and Expenditures) of Ordinance No. 2007-12 is hereby
amended to read as follows:
cc
SECTION 5: Account to be Established for Fire Department Fees and
Expenditures. All Fire Development Fees collected shall be placed in an account
clearly separate from the City's general fund.
Funds contained in the Fire Department Fee account shall be used to pay for
property on which to build Fire Department facilities, the purchasing of new
firefighting equipment, and the construction or expansion of fire stations,
including but not limited to design, engineering, construction, and obtaining
construction easements and right-of-way, and other costs reasonably associated
therewith as may be approved by the City Council. The City shall determine the
location of the Fire Stations and related facilities and when the construction will
begin based upon factors such as, the amount of development that has occurred,
the amount of and timing of development still expected to occur, the location of
existing Fire Stations, information received regarding future plans for additional
Fire Stations, including the amount of time necessary to construct said stations,
and response times to incidents within the Fire Department service area.
SECTION 3: Amendment to Ordinance No. 2009-30. Section 3 (Fire Development Fees
Established) of Ordinance No. 2009-30 is hereby amended to read as follows':
cc
SECTION 3: Fire Development Fees Established. Property owners shall
be assessed a fire development fee ("Fire Development Fee") at the time an
application for a building permit for new construction is submitted or at the time
an application for a building permit to increase the total square footage of an
Ordinance No.2016-14,
Amending Fire Development Fee Regulations Page 2 of 4
existing structure by more than fifty percent (50%) is submitted in the following
amounts:
Type of Use Fee Amount
Residential $426.00 per Dwelling Unit
Non-residential $0.20 per square foot
Mixed-use developments shall pay the residential fee amount for each dwelling
unit in the development and pay the non-residential per square foot fee amount for
all remaining square footage in the development for which the residential fee
amount for each Dwelling Unit is not paid.
SECTION 4: Penalty. Any person, firm, corporation or entity violating or refusing to
comply with any provision of this Ordinance, as it exists or may be amended, shall be deemed
guilty of a misdemeanor, and upon conviction thereof, shall be fined in an amount not exceeding
two thousand dollars ($2,000.00) for each offense if the offense relates to public health and
sanitation, otherwise the fine shall be in an amount not exceeding five hundred dollars ($500.00)
for each offense. Each day that a violation is permitted to exist 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 under
local, state and federal law.
SECTION 5: Savings/Repealing Clause. Ordinance No. 2007-12 and Ordinance No.
2009-30 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 such ordinances shall remain in full force and effect.
SECTION 6: 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. The City Council hereby declares that it would have passed this Ordinance, and
each section, subsection, clause or phrase thereof, regardless of whether any one or more
sections, subsections, sentences, clauses or phrases is declared unconstitutional and/or invalid.
SECTION 7: Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by the City Charter and by law.
Ordinance No.2016-14,
Amending Fire Development Fee Regulations Page 3 of 4
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on this 9th day of August, 2016.
Eric Hogue, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Dates of Publication:August 17t1 in the Wylie News
Ordinance No.2016-14,
Amending Fire Development Fee Regulations Page 4 of 4
ORDINANCE NO. 2007-12
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING
FEES FOR THE PURPOSE OF ENABLING THE CITY TO CONSTRUCT
NEW FIRE STATIONS; ESTABLISHING FEES FOR THE PURPOSE OF
PURCHASING NEW FIRE FIGHTING EQUIPMENT; ESTABLISHING
PROCEDURES TO ALLOCATE FEES COLLECTED; ESTABLISHING
PROCEDURES FOR APPEALS;PROVIDING FOR A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING,
SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS,the City Council of the City of Wylie,Texas("City Council")has investigated
and determined that it would be advantageous and beneficial to the citizens of the City of Wylie,
Texas("Wylie")to establish fees for the construction of new fire stations and the purchasing of new
firefighting equipment; and
WHEREAS,the City Council has determined that it is safer for citizens and visitors to the
City of Wylie to provide funding for the construction of new fire stations and new firefighting
equipment necessitated by new development; and
WHEREAS, the City Council has determined that to the extent that new development
creates demands for public Fire Department facilities and equipment, those demands should be
satisfied by shifting the responsibility for financing such public facilities and equipment from the
public to the development creating the demands; and
WHEREAS,the City Council has determined that the methodologies and analysis used by
City staff in determining the amount to be imposed herein as a Fire Development Fee are reasonable
and proportionate to the need created by the new development and to the benefit received by the new
development; and
WHEREAS, the City Council has determined that the Fire Department's capital
infrastructure is designed to be mutually reinforcing for safety in that fire stations and firefighting
equipment provide back-up and coverage throughout the Fire Department's service area regardless of
the physical location of a call for service within that area.
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: Definitions. For purposes of this Ordinance,the following terms are defined
as follows:
Ordinance No.2007-12
Fire Development Fee Page 1
Dwelling Unit-Any residential unit having one(1)or more rooms,either as a free standing building
or a portion of a building,designed or intended to be used, for occupancy by one(1)family for living
and sleeping quarters, including but not limited to a house, duplex, quad-plex, town home,
manufactured home, mobile home or apartment unit,but excluding hotel or motel units.
Fire Department-The City of Wylie, Texas fire department.
Fire Development Fee- The fee established by Section 3 below.
Property-Any real property that is the subject of any development activity, subdivision or permit
application.
SECTION 3: Fire Development Fees Established. Property owners shall be assessed a fire
development fee("Fire Development Fee") at the time an application for a building permit for new
construction is submitted or at the time an application for a building permit to increase the total
square footage of an existing structure by more than fifty percent(50%)is submitted in the following
amounts:
Type of Use Fee Amount
Residential $626.00 per Dwelling Unit
Non-residential $0.3000 per square foot
Mixed-use developments shall pay the residential fee amount for each dwelling unit in the
development and pay the non-residential per square foot fee amount for all remaining square footage
in the development for which the residential fee amount for each Dwelling Unit is not paid.
Following any fiscal year in which an update of the Wylie Fire Department Development Fee Study
is not conducted by the City, the Fire Development Fee amount set forth herein shall be increased
effective on October 1S` for the following fiscal year by an amount that reflects the percentage
increase in inflationary costs reported in the Engineering News Record's construction cost index that
was most recently published prior to the effective date of any increase (the "Index"), if the Index
indicates an increase.
SECTION 4: Payment of Fire Development Fee. The Fire Development Fee assessed in
accordance with Section 3 must be paid in full prior to the issuance of a building permit by the City
for the Property.
SECTION 5: Account to be Established for Fire Department Fees and Expenditures. All
Fire Development Fees collected shall be placed in an account clearly separate from the City's
general fund.
Ordinance No.2007-12
Fire Development Fee Page 2
Funds contained in the Fire Department Fee account shall be used to pay for property on which to
build Fire Department facilities,the purchasing of new firefighting equipment,and the construction
or expansion of fire stations and fire training facilities, including but not limited to design,
engineering, construction, and obtaining construction easements and right-of-way, and other costs
reasonably associated therewith as may be approved by the City Council. The City shall determine
the location of the Fire Stations and related facilities and when the construction will begin based
upon factors such as, the amount of development that has occurred, the amount of and timing of
development still expected to occur, the location of existing Fire Stations, information received
regarding future plans for additional Fire Stations, including the amount of time necessary to
construct said stations, and response times to incidents within the Fire Department service area.
SECTION 6: Credits.
1. A property owner who dedicates land,which is accepted by the City,for a Fire Department
facility may be eligible for a credit for such contribution against the Fire Development Fee,
as set forth in this Section 6.
2. The City Engineer shall determine:
A. The value of the owner's contribution;
B. Whether the contribution meets capital improvement needs for which the Fire
Development Fee has been imposed; and
C. Whether the contribution will substitute or otherwise reduce the need for
improvements anticipated to be provided with Fire Development Fee funds.
In no event shall the credit exceed the amount of the Fire Development Fee assessed
pursuant to this Ordinance.
3. Any application for credit must be submitted on forms provided by the City before a building
permit is issued for the Property. The application shall contain a declaration under oath of
those facts which qualify the property owner for the credit, accompanied by the relevant
documentary evidence.
SECTION 7: Appeal Procedures.
1. Applicability. A request for an appeal to the manner of the application of this Ordinance to
Property may be filed by the owner,or the owner's authorized agent,of the Property pursuant
to this Section. However,the appeal process provided by this Section shall not be available
for criminal violations of this Ordinance.
2. Appeal to City Manager. A Property owner may appeal decisions made by the City staff
pursuant to this Ordinance by filing a written appeal with the City Manager within ten(10)
business days of being notified of the decision of the City staff. An appeal filed pursuant to
this Section shall specifically state the basis for the aggrieved party's challenge to the City
staffs decision and the basis for such assertion. All information that the requestor desires to
Ordinance No.2007-12
Fire Development Fee Page 3
be considered by the City Manager, or his/her designee, in reviewing the appeal should be
submitted with the written appeal.
3. Issuance of Decision by City Manager. Decisions of the City Manager shall be issued within
fourteen(14)business days of receipt of the written appeal.
4. Appeal to City Council. A Property owner may appeal a decision of the City Manager
regarding an appeal to the City Council by filing a written appeal with the City Manager
within ten (10) business days of the date of the City Manager's decision is issued. If
reasonably possible, and to the extent allowed by law, an appeal to the City Council will be
placed on the City Council's next regularly scheduled meeting for determination. A decision
made by the City Council is final.
5. Factors to be Considered by City Manager and City Council. The following factors, among
others,may be considered by the City Manager or his/her designee, and the City Council in
hearing an appeal:
A. Whether literal enforcement of this Ordinance would result in materially
different treatment of the Property owner compared to similarly situated
property owners in the City or extreme non-financial hardship;
B. Information considered by the City staff in making an assessment of the
amount of Fire Development Fee;
C. Whether the Property owner is a political subdivision of the State of Texas
funded by tax dollars; and/or
D. Any other information deemed relevant to the request or necessary to make a
decision by the City Manager, or his/her designee, or the City Council.
SECTION 8: Penalty Provision. Any person,firm,corporation,or business entity violating
this Ordinance,as amended,shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be subject to a fine not to exceed the sum of FIVE HUNDRED DOLLARS ($500.00),unless
the violation relates to fire safety, zoning or public health and sanitation, including dumping and
refuse,in which the fine shall not exceed the sum of TWO THOUSAND AND NO/100 DOLLARS
($2,000.00). 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 right and remedies available to it pursuant to local,
state, and federal law.
SECTION 9: Savings/Repealing Clause. All provisions of any ordinance in conflict with
this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for
violation of the repealed Ordinance,nor shall the repeal prevent prosecution from being commenced
for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of
conflicting ordinances shall remain in full force and effect.
SECTION 10: 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
Ordinance No. 2007-12
Fire Development Fee Page 4
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, sentence,clause,or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, or phrases be declared unconstitutional or invalid.
SECTION 11: Effective Date. This Ordinance shall become effective upon its passage and
publication as required by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS, on this 24t'' day of April, 2007.
Jo 12-
ondy, ayor
w'n l l,,,�,�
ATTESTED TO �.•``" p F IN ''%,�
AND CORRECTLY RECORDED: ,.`�, . yj'%
C
j `
// • . �i
Carole Ehrlic City Secretary ,,',,�4,,:........E1'P�sz:.
Date of publication in The Wylie News—May 2, 2007
Ordinance No.2007-12
Fire Development Fee Page 5
X C&S Media, Inc.
Z1je j'armergbiUe Timex •Murphy Monitor•The Princeton Herald • The Sachse News•THE WYLIE NEWS
STATE OF TEXAS
COUNTY OF COLLIN 13
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and
having general circulation in Collin County, Texas, who being by me duly sworn, deposed and
says that the foregoing attached
City of Wylie
Ordinance No. 2007-11 and Ordinance No. 2007-12
was published in said newspaper on the following dates, to-wit:
May 2, 2007
Chad Engbrock, Publisher
2rcl
Subscribed and sworn before me on this,the day of Iv-\\CL.\ , 2007
to certify which witness my hand and seal of office.
a
.. ..... ......� MARY SWANK
_ utiu
Notary Public,State of Texas
/\ r,; My Commission Expires NotaryPublic in and for
Stlig10. September 22, 2010 The State of Texas
My commission expires / - a acid
RECEIVE®
MAY 3 1 2007
FINANCE
Murphy/Sachse/Wylie Office•110 N.Ballard•P.O.Box 369•Wylie,TX 75098•972-442-5515•fax 972-442-4318
Farmersville/Princeton Office•101 S.Main•P.O.Box 512•Fammersville,TX 75442.972-784-6397•fax 972-782-7023
ORDINANCE
NO.2007-12
AN ORDINANCE OF
THE CITY OF WYLIE,
TEXAS, ESTABLISH-
ING FEES FOR THE
PURPOSE OF
ENABLING THE CITY
TO CONSTRUCT NEW
FIRE STATIONS;
ESTABLISHING FEES
FOR THE PURPOSE OF
PURCHASING NEW
FIRE FIGHTING
EQUIPMENT; ESTAB-
LISHING PROCE-
DURES TO ALLOCATE
FEES COLLECTED;
ESTABLISHING PRO-
CEDURES FOR
APPEALS; PROVIDING
FOR A PENALTY FOR
THE VIOLATION OF
THIS ORDINANCE;
PROVIDING FOR
REPEALING, SAVINGS
AND SEVERABILITY
CLAUSES; PROVIDING
FOR AN EW1 CTIVE
DATE OF THIS ORDI-
NANCE; AND PROVID-
ING FOR THE PUBLI-
CATION OF THE CAP-
TION HEREOF.
John Mondy,Mayor
ATTEST:
Carole Ehrlich,
City Secretary
50-1t-339-51i1i
ORDINANCE NO. 2009-30
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
ORDINANCE NO. 2007-12 , SECTION 3 (FIRE DEVELOPMENT FEES
ESTABLISHED); AMENDING THE FIRE DEVELOPMENT FEES;
PROVIDING FOR REPEALING, SAVINGS, AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE.
WHEREAS,the City Council of the City of Wylie,Texas("City Council")has investigated
and determined that it would be advantageous and beneficial to the citizens of the City of Wylie,
Texas("Wylie")to amend Ordinance No. 2007-12,Section 3 (Fire Development Fees Established)
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 Ordinance No. 2007-12, Section 3 (Fire Development Fees
Established). Ordinance No. 2007-12 is hereby amended to replace Section 3 (Fire Development
Fees Established) originally adopted by Ordinance No. 2007-12 as follows:
"SECTION 3: Fire Development Fees Established. Property owners shall be
assessed a fire development fee("Fire Development Fee")at the time an application
for a building permit for new construction is submitted or at the time an application
for a building permit to increase the total square footage of an existing structure by
more than fifty percent(50%) is submitted in the following amounts:
Type of Use Fee Amount
Residential $450.00 per Dwelling Unit
Non-residential $0.22 per square foot
Mixed-use developments shall pay the residential fee amount for each dwelling unit
in the development and pay the non-residential per square foot fee amount for all
remaining square footage in the development for which the residential fee amount for
each Dwelling Unit is not paid.
Following any fiscal year in which an update of the Wylie Fire Department
Development Fee Study is not conducted by the City, the Fire Development Fee
amount set forth herein shall be increased effective on October 1S`for the following
Ordinance No. 2009-30
Amending Ordinance No. 2007-12 Page 1
559169
fiscal year by an amount that reflects the percentage increase in inflationary costs
reported in the Engineering News Record's construction cost index that was most
recently published prior to the effective date of any increase (the "Index"), if the
Index indicates an increase."
SECTION 3: Savings/Repealing Clause. Ordinance No.2007-12 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: 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.
Frisco 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 6: Effective Date. This Ordinance shall become effective from and after its
passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on this 22nd day of September, 2009.
z___ ei,y
Eric Hogue, Mayo ,)----
ATTESTED TO
AND CORRECTLY RECORDED: 84 OF Inn
,r6„:4 ....__. _ !ow
C o e Ehrlich, ecretary - } l atL: -
8
T
87
'Nat er Woo-
-" Date of publication in The Wylie News—September 30, 2009
Ordinance No.2009-30
Amending Ordinance No.2007-12 Page 2
559169
,X C&§ Media, Inc.
4je 5farmergbille Ximeg•Murphy Monitor•The Princeton Herald • The Sachse News•THE WYLIE NEWS
j CO
STATE OF TEXAS k `I17
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and
having general circulation in Collin County, Texas, who being by me duly sworn, deposed and
says that the foregoing attached
City of Wylie - Ordinance No. 2009-30
was published in said newspaper on the following dates, to-wit:
September 30, 2009
ilt
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the e�'l/ day of jilt-
9/ , 2009
to certify which witness my hand and seal of office.
Akyid
Notary Publi i and for
The State of Texas 1
My commission expires CO —
�C�
I
.or!
P
ry� g 9...V6onia A Duggan
2
CI Q 1 E. h My Commission Expires
9,i.Pt P 09/02/2012
ce
FINAN .
Murphy/Sachse/VVylie Office•110 N.Ballard•P.O.Box 369•Wylie,TX 75098•972-442-5515•fax 972-442-4318
Farmersville/Princeton Office•101 S.Main•P.O.Box 512•Farmersville,TX 75442.972-784-6397•fax 972-782-7023
September 30—October 1,2009 X(
ORDINANCE.NO. t
200040
AN ORDINANCE OF
THE CITY OF
WYLIE, TEXAS,
AMENDING ORDI-
NANCE NO. 2007-12
SECTION 3`,(FIRE
DEVELOPMENT
FEES ESTAB-
LISHED), AMEND-
ING THE FIRE
DEVELOPMENT
FEES; •PROVIDING
FOR REPEALING,
SAVINGS,AND SEV
ERABILITY CLAUS-
ES;PROVIDING.FOR
AN EFFECTIVE
DATE OF THIS
ORDINANCE .
Eric Hogue,
Mayor
ATTEST
Carole Ehrlich,
City:Secretary
2O-1t-339-28
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6 I Fire Development Fee Study
City of Wylie, Texas
IIIII\ 1uu u,ll 111111,1,1b associates
June 2016
Table of Contents
INTRODUCTION AND SUMMARY 1
Changes from 2007 Study 1
Summary of Findings 2
BEST PRACTICES 3
SERVICE AREA& LAND USE 5
Service Area 5
Existing Land Use 6
FEE CALCULATION 8
Replacement Costs 8
Net Replacement Cost 11
Updated Fees 11
List of Tables
Table 1. Current Fire Development Fees 1
Table 2. Comparison of Original, Current and Updated Fees 2
Table 4. Dwelling Unit Distribution by Housing Type 6
Table 5. Dwelling Units by Housing Type,2010 6
Table 6. Residential Building Permits, 2010-2015 7
Table 7. Dwelling Units by Housing Type, 2016 7
Table 8. Building Square Footage Distribution by Land Use 7
Table 9. Fire Station Building Replacement Cost 8
Table 10. Fire Station Land Replacement Cost 8
Table 11. Fire Vehicle Replacement Cost 9
Table 12. Fire Vehicle Equipment Cost 10
Table 13. Total Fire Rescue Replacement Cost 10
Table 14. Net Fire Rescue Replacement Cost 11
Table 15. Updated Fire Development Fees 11
Duncan Associates, 17409 Rush Pea Circle,Austin,TX 78738,512-479-0089; clancy@duncanassociates.com
INTRODUCTION AND SUMMARY
The Wylie Fire Department provides fire rescue service within the city limits, and under contract to
the Town of St. Paul. The Department currently staffs three fire stations 24/7, with four-person
Quint fire companies, and has acquired a site for a fourth station. Within the City's extra-territorial
jurisdiction (ETJ), the Fire Department provides emergency response pursuant to mutual aid
agreement to unincorporated areas of Collin, Dallas and Rockwall Counties. The Department also
provides marine fire rescue services on Lake Lavon within Collin County, as well as ambulances that
provide back up for the contracted emergency medical service (EMS) provider.
The City of Wylie has imposed a fire development fee on new development since 2007. The fees are
based on a study prepared in 2007.1 The fees were reduced in 2009 as part of a settlement agreement
resolving a legal challenge to the fees.2 Current development fees are shown in Table 1. The purpose
of this study is to update these fees based on current data and best practices.
Table 1. Current Fire Development Fees
Land Use Unit Fee per Unit
Residential Dwelling Unit $450
Nonresidential Square Foot $0.22
Source: Wylie,Texas Code of Ordinances,Appendix C,Xl.
(A).
Changes from 2007 Study
The methodology used in this update is generally consistent with the one used in the 2007 study. The
fees are based on the existing level of service,which is based on existing replacement cost of existing
facilities and equipment and the amount of existing development served by those facilities. The land
use categories are residential and nonresidential, and costs are allocated between the land use types
based on the relative amounts of building square footage. The fees are assessed per dwelling unit for
residential and per square foot for nonresidential.
This update provides a revenue credit for outstanding debt on existing fire apparatus. Basic
development fee principles indicate that new development should not have to pay the full cost of the
new facilities required to serve it,while also paying taxes to retire debt on existing facilities.
BBC Research&Consulting, Wylie Fire Department Development Fee Study—Final Report,March 29,2007.
2 Compromise Settlement Agreement and Mutual Release of Claims between the City of Wylie, the Home Builders
Association of Greater Dallas and DR Horton,Texas,Ltd.,September 22,2009.
City of Wylie,Texas dunctan associates
Fire Development Fee Study 1 June 28,2016
Executive Summary
Summary of Findings
The updated fire development fees are compared to the fees originally adopted in 2007, and to the
reduced fees that came into place in 2009 based on the legal settlement. The legal settlement reduced
the fees by just under 30%in 2009. This update calculates fees that are about 5%lower than current
fees that have been in place since 2009.
Table 2. Comparison of Original, Current and Updated Fees
Fire Development Fee/Unit
Development 2007 2009
Land Use Type Unit Ordinance Settlement Updated
Residential Dwelling Unit $626 $450 $426
Nonresidential Square Foot $0.30 $0.22 $0.20
Percent Change from Previous Fee
Residential Dwelling Unit n/a -28% -5%
Nonresidential Square Foot n/a -27% -9%
Source: 2007 fees from City of Wylie Ordinance No.2007-12;2009 fees from Table
1; updated fees from Table 14.
The City has future capital needs that warrant retaining the fee for the foreseeable future. The Fire
Department anticipates that it will need to construct and equip two additional fire stations by build-
out of the city. It estimates future capital costs to be in excess of$8 million.
City of Wylie,Texas dunctan associates
Fire Development Fee Study 2 June 28,2016
BEST PRACTICES
Development fees are a way for local governments to require new developments to pay a
proportionate share of the infrastructure costs they impose on the community. In contrast to
traditional "negotiated" developer exactions, development fees are charges that are assessed on new
development using a standard formula based on objective characteristics, such as the number of
dwelling units constructed. The fees are one-time, up-front charges,with the payment usually made
at the time of building permit issuance. Essentially, development fees require that each new
development project pay its pro-rata share of the cost of new capital facilities required to serve that
development.
The authority to impose development fees is based on local government's broad "police power" to
regulate land development in order to protect the health, safety and welfare of the community. The
courts have developed guidelines for legally-valid development fees, based on "rational nexus" and
"rough proportionality" standards. These standards essentially require that the fees must be
proportional to the need for additional infrastructure created by the new development, and must be
spent in such a way as to provide that same type of infrastructure to benefit new development.
One of the most fundamental principles of development fees,rooted in both case law and norms of
equity,is that development fees should not charge new development for a higher level of service than
is provided to existing development. While development fees can be based on a higher level of service
than the one existing at the time of the adoption of the fees, two things are required if this is done.
First, another source of funding other than development fees must be identified and committed to
fund the capacity deficiency created by the higher level of service. Second, sound development fee
practice also requires that the development fees should be reduced to ensure that new development
does not pay twice for the same level of service, once through development fees and again through
general taxes that are used to remedy the capacity deficiency for existing development,by providing a
credit for the portion of the cost of deficiencies that will be paid by new development. In order to
avoid these complications,the best practice is to base the development fees on the actual existing level
of service,rather than on a higher desired level of service.
A corollary principle is that new development should not have to pay more than its proportionate
share when multiple sources of payment are considered. As noted above, if development fees are
based on a higher-than-existing level of service, the fees should be reduced by a credit that accounts
for the contribution of new development toward remedying the existing deficiencies. This study is
based on the existing level of service. Consequently,no deficiency credits are warranted.
A similar situation arises when the existing level of service has not been fully paid for. Outstanding
debt on existing facilities that are counted in the existing level of service will be retired, in part, by
revenues generated from new development. Given that new development will pay development fees
to provide the existing level of service for itself, the fact that new development may also be paying for
the facilities that provide that level of service for existing development could amount to paying for
more than its proportionate share. Consequently,development fees should be reduced to account for
future payments that will retire outstanding debt on existing facilities. Credit should also be provided
for outstanding grants for capacity improvements that can reasonably be anticipated in the future.
City of Wylie,Texas duncan associates
Fire Development Fee Study 3 June 28,2016
Best Practices
Finally, credit needs to be provided for other types of developer contributions toward the same
improvements for which the development fees are being charged. Developers who dedicate land for
or construct fire rescue facilities should be eligible for credits against their fire development fees.
Unlike revenue credits for outstanding debt and grants discussed above,which are factored into the
fee schedule, credits for developer contributions are addressed on a case-by-case basis.
City of Wylie,Texas duncan associates
Fire Development Fee Study 4 June 28,2016
SERVICE AREA Er LAND USE
Service Area
The area currently provided fire rescue services by the Wylie Fire Department encompasses most of
the incorporated city, excluding a small number of properties on the opposite side of Lake Lavon
from the city proper. In addition, the City provides fire rescue services on a contract basis to the
Town of St. Paul. The Fire Department also provides mutual aid to Collin, Dallas and Rockwall
Counties for nearby unincorporated areas pursuant to mutual aid agreements, as well as the portion
of Lake Lavon within Collin County. The area served by the Fire Department is illustrated in Figure
1.
Figure 1. Wylie Fire Rescue Service Area
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Source: City of Wylie,Wylie Fire Department, May 11,2016.
City of Wylie,Texas duncan associates
Fire Development Fee Study 5 June 28,2016
Service Area Er Land Use
The City collects fire development fees only from new development occurring within its current
municipal boundaries. These properties get their primary fire rescue services from Wylie Fire
Department. The exceptions are some small incorporated areas on the opposite of Lake Lavon.
These are areas close to the lake, and they receive direct service from Wylie Fire Department when
they are using the lake. In addition, the City serves them indirectly through mutual aid agreements.
For the purpose of determining the existing level of service, the service area will be defined as the
incorporated area of the City of Wylie.
Existing Land Use
In order to determine the existing level of service, it is necessary to estimate existing residential and
nonresidential development within the City of Wylie. This is determined on the basis of data from
the U.S. Census Bureau and property tax appraisal records, as described in this section.
The starting point for residential land use is the U.S. Census. The first step is to estimate the
distribution of dwelling units by housing type. The best available data are from the U.S. Census
Bureau's American Community Survey, which consists of an annual 1% sample of dwelling units.
These data are aggregated into 5% samples, consisting of the last five annual surveys. As shown in
Table 3,the Census data indicate that 90%of dwelling units in Wylie are single-family detached homes.
Table 3. Dwelling Unit Distribution by Housing Type
Housing Type Number Percent
Single-Family Detached/Mobile Home 13,005 90.0%
Multi-Family 1,444 10.0%
Total Dwelling Units 14,449 100.0%
Source: U.S. Census Bureau, American Community Survey 2014 5-year
estimates based on 5%sample.
The 2010 census enumerated 13,840 housing units in the City of Wylie. Applying the housing
distribution from the previous table in the estimate of dwelling units by housing type for 2010, as
shown in Table 4.
Table 4. Dwelling Units by Housing Type, 2010
Housing Type Percent Number
Single-Family Detached/Mobile Home 90.0% 12,456
Multi-Family 10.0% 1,384
Total Dwelling Units 100.0% 13,840
Source: Percentage distribution of units by housing type from Table 3;total
units from 2010 U.S. Census, SF-1 100% count; units by type based on
percentages.
City of Wylie,Texas dunctan associates
Fire Development Fee Study 6 June 28,2016
Service Area Er Land Use
To estimate the current number of dwelling units, the number of units permitted in the last six years
needs to be added to the 2010 estimates. The building permit data are summarized in Table 5.
Table 5. Residential Building Permits, 2010-2015
6-Year
Housing Type 2010 2011 2012 2013 2014 2015 Total
Single-Family 267 217 240 240 251 553 1,768
Multi-Family 4 0 0 0 0 0 4
Total 271 217 240 240 251 553 1,772
Source: U.S. Census Bureau Building Permits data, http://censtats.census.gov/bldg/bldgprmt.shtml,
Combining the data from the last two tables results in the current estimate of dwelling units by housing
type, as shown in Table 6.
Table 6. Dwelling Units by Housing Type, 2016
2010 2010-15 2016
Housing Type Units Permits Units
Single-Family Detached 12,456 1,768 14,224
Multi-Family 1,384 4 1,388
Total 13,840 1,772 15,612
Source: 2010 units from Table 4; new units from Table 5.
The fire development fee costs are distributed between residential and nonresidential land uses based
on building square footage. Residential and nonresidential building square footage is available from
county property appraisal district data. These data indicate that 57.3% of fire rescue capital costs are
attributable to residential development, with the remaining 42.7% attributable to nonresidential
development, as shown in Table 7.
Table 7. Building Square Footage Distribution by Land Use
Dwelling Sq. Ft./ Total
Land Use Units Unit Sq. Feet Percent
Single-Family Detached 14,224 2,222 31,605,728 n/a
Multi-Family 1,388 1,405 1,949,967 n/a
Subtotal, Residential 15,612 33,555,695 57.3%
Nonresidential 25,037,168 42.7%
Total 58,592,863 100.0%
Source: Dwelling units from Table 6; average square feet per dwelling unit and
nonresidential square footage from property tax appraisal district data provided by City
of Wylie on June 14,2016.
City of Wylie,Texas duncan associates
Fire Development Fee Study 7 June 28,2016
FEE CALCULATION
This section calculates updated fire development fees. The updated fire development fees are based
on the existing level of service. This is measured as the net replacement cost of existing improvements
per service unit (residential dwelling unit or nonresidential square foot).
Replacement Costs
As shown in Table 8, the total replacement cost of the City of Wylie's existing fire stations,based on
the City's insured values, is $5.15 million.
Table 8. Fire Station Building Replacement Cost
Building Year Insured Value
Building Description Address Acres Sq. Feet Built Building Contents Total
Fire Engine House #1 1401 S Ballard 1.502 6,440 1984 $563,016 $135,000 $698,016
Fire Station #2 555 Country Club Rd 7.505 5,640 1998 $594,591 $100,000 $694,591
Fire Station #3 210 N W.A.Allen Blvd 2.560 18,095 2009 $3,564,981 $188,000 $3,752,981
Fire Station #4 6.445 n/a n/a n/a n/a n/a
Total 18.012 30,175 $4,722,587 $423,000 $5,145,587
Source: City of Wylie Fire Department,May 13,2016.
The City's most recent land purchase,which is a site for Station 4, cost$70,647 per acre, as shown
in Table 9. This is a reasonable value for estimating the replacement value of the City's existing fire
station land.
Table 9. Fire Station Land Replacement Cost
Land Cost for Station 4 $455,321
Acres 6.445
Cost per Acre $70,647
x Existing Acres 18.012
Existing Fire Station Land Value $1,272,494
Source: Land acquisition cost for Station 4 from Wylie Fire
Department, June 3, 2016; acres for Station 4 and total
acres from Table 8.
Based on the City's insured values, existing Fire Department vehicles have an estimated replacement
cost of about$4 million, as summarized in Table 10 on the following page.
City of Wylie,Texas duncan associates
Fire Development Fee Study 8 June 28,2016
Fee Calculation
Table 10. Fire Vehicle Replacement Cost
Insured
Year Model/Description Value
1947 Fire Truck-Antique n/a
1992 Fire Truck $179,000
2000 Fire Truck $410,229
2003 E350 Ambulance $80,000
2003 E350 Ambulance $80,000
2003 Skid Steer Loader S185 n/a
2004 C2500 $25,700
2004 Hover 142 Reserve Unit n/a
2004 Suburban C2500 $27,563
2005 24' Enclosed Trailer n/a
2005 6500 Fire Truck $80,000
2006 F550 Fire Truck $34,000
2006 F550 Fire Truck $34,000
2006 Fire Truck $567,700
2007 16"Flatbed Trailer n/a
2007 700 EFI n/a
2007 Fire Truck $628,000
2008 4500 Ambulance $153,600
2012 C2500 $70,317
2012 C2500 $49,596
2013 18' Double Tier Open Boat Trailer n/a
2013 25'Guardian Boat n/a
2013 25'Open Aluminum Trailer n/a
2013 Hovercraft Boat n/a
2013 14' Inflatable n/a
2013 Quint 143 $536,000
2013 Quint 141 $836,000
2013 Silverado 2500 Gas $46,470
2013 Silverado 2500 Diesel $61,415
2015 Suburban LS (Fire Chief) $46,600
2016 3/4 Ton 4x4 with Cover n/a
Total $3,946,190
Source: City of Wylie Fire Department, May 13,2016.
City of Wylie,Texas duncan associates
Fire Development Fee Study 9 June 28,2016
Fee Calculation
The City's primary fire rescue apparatus is the quintuple combination pumper, or quint. A quint is a
fire service apparatus that serves the dual purpose of an engine and a ladder truck. The Fire
Department has four fully-equipped quints, one of which is a ready reserve vehicle. Each quint
contains equipment with a cost of over$200,000, as summarized in Table 11.
Table 11. Fire Vehicle Equipment Cost
Hydraulic Tools $29,672
Hose $9,042
Airbags $5,975
Self Contained Breathing Apparatus $38,073
Termal Imaging Equipment $11,200
Gas Detection Equipment $6,105
Flashlights $660
Nozzles $4,945
Saws $4,472
Extinguishers $519
Emergency Medical Equipment $30,450
Adapters $22,345
Brackets $3,822
Miscellaneous Tools $45,573
Other $5,181
Total Equipment Cost per Quint $218,034
x Number of Quints 4
Total Equipment Cost $872,136
Source: Wylie Fire Department,May 18,2016.
A final investment that existing development has made in the City's fire rescue capital facilities is
represented by the$1.7 million fire development fee account balance. The City has been accumulating
these fees in order to help pay for the construction of the fourth fire station. It is important to account
for this investment due to the "lumpiness" of the expansion of fire rescue facilities. This is especially
an issue with small cities,which cannot spend development fee funds to build a new fire station every
year or so.
The total replacement value of the City's existing fire rescue facilities and equipment is about $12.9
million, as shown in Table 12.
Table 12. Total Fire Rescue Replacement Cost
Fire Station/Building Costs $5,145,587
Land Costs $1,272,494
Vehicle Costs $3,946,190
Vehicle Equipment Costs $872,136
Development Fee Account Balance $1,692,342
Total Existing Replacement Cost $12,928,749
Source: Building cost from Table 8; land cost from Table 9;
vehicle cost from Table 10; equipment cost from Table 11;fund
balance from City of Wylie Fire Department,June 16,2016.
City of Wylie,Texas duncan associates
Fire Development Fee Study 10 June 28,2016
Fee Calculation
Net Replacement Cost
As described in the Best Practices section, revenue credits should be provided for revenue generated
by new development and used to remedy existing deficiencies,or to retire outstanding debt on existing
facilities that are providing the current level of service for existing development. There are no existing
deficiencies, because the fees are based on the actual existing level of service. The City does have
some debt on existing fire apparatus, and the updated fire development fees should give credit for
future tax revenues that will be generated by new development used to pay outstanding debt on
existing facilities and equipment. Credit could also be provided for anticipated grant funding,but the
City has not received any grants in the last five years and does not anticipate such funding in the future.
A straight-forward method that ensures that new development is not required to pay for existing
facilities through taxes used for debt retirement,as well as for new facilities through development fees,
is to calculate the fee based on the net cost,or total replacement cost less outstanding debt. This puts
new development on the same footing as existing development in terms of the share of capital costs
funded through debt. As shown in Table 13, subtracting the outstanding debt from the total
replacement cost leaves a net replacement cost of about$12 million.
Table 13. Net Fire Rescue Replacement Cost
Replacement Value of Existing Facilities/Equipment $12,928,749
—Outstanding Debt for 2 Quints -$1,325,000
Net Existing Replacement Value $11,603,749
Source: Replacement value from Table 12;outstanding debt from Wylie Fire Department,
June 9,2016.
Updated Fees
The net replacement cost shown above is allocated between residential and nonresidential
development based on respective shares of total building square footage. The net cost attributable to
each land use type is divided by existing development units (number of dwellings and nonresidential
square footage) to determine the net cost per development unit to maintain the existing level of
service, as shown in Table 14.
Table 14. Updated Fire Development Fees
Cost Net Cost Existing Net Cost/
Land Use Type Unit Share Allocation Units Unit
Residential Dwelling 57.3% $6,648,948 15,612 $426
Nonresidential Square Ft. 42.7% $4,954,801 25,037,168 $0.20
Total 100.0% $11,603,749 n/a n/a
Source: Cost shares and existing units from Table 7;total net cost from Table 13.
City of Wylie,Texas dunctan associates
Fire Development Fee Study 11 June 28,2016
o w ,y� Wylie City Council
(11
" AGENDA REPORT
Meeting Date: August 9, 2016 Item Number: 5
(City Secretary's Use Only)
Department: Engineering
Prepared By: Engineering Account Code: N/A
Date Prepared: July 29, 2016 Budgeted Amount: N/A
Exhibits: Ordinance
Subject
Consider and act upon, Ordinance No. 2016-15 amending Article VI (stopping, standing, and parking) of
Chapter 110 (traffic and vehicles) of the Wylie Code of Ordinances, creating section 101-189 Resident Only
Parking Permit Areas; permitting parking in certain areas by permit only during those times set forth in the
ordinance; establishing an offence; 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.
Recommendation
A motion to approve Ordinance No. 2016-15 amending Article VI (stopping, standing, and parking) of Chapter
110 (traffic and vehicles) of the Wylie Code of Ordinances, creating section 101-189 Resident Only Parking
Permit Areas; permitting parking in certain areas by permit only during those times set forth in the ordinance;
establishing an offence; 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.
Discussion
In March, a meeting was held with the residents on Palmdale Drive to discuss the issues with students from
WEHS parking along the roadway. As a follow up to that meeting, a council work session was held on April
26th to discuss parking restrictions for portions of Cimarron Estates. Council directed staff to develop an
ordinance restricting parking in portions of the Cimarron Estates Subdivision from 7:00 a.m. to 5:00 p.m. during
school days.
Approval of the attached ordinance would establish a resident only parking permit area along Palmdale,
Jamestown and Glendale in the Cimarron Development from 7:00 a.m. to 5:00 p.m. on weekdays while school
is in session. There is no charge for the permit, however, residents would be required to submit a residential
parking permit application. Two guest permits would also be given to each resident.
(Rev 01/2014) Page 1 of 1
ORDINANCE NO. 2016-15
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,AMENDING
ARTICLE VI (STOPPING, STANDING, AND PARKING) OF CHAPTER
110 (TRAFFIC AND VEHICLES) OF THE WYLIE CODE OF
ORDINANCES, CREATING SECTION 110-189 RESIDENT ONLY
PARKING PERMIT AREAS; PERMITTING PARKING IN CERTAIN
AREAS BY PERMIT ONLY DURING THOSE TIMES SET FORTH IN
THIS ORDINANCE; ESTABLISHING AN OFFENSE; PROVIDING FOR
A PENALTY FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has
investigated and determined that it is in the best interest of the City of Wylie, Texas ("Wylie") to
establish resident only parking permit areas (the "Permit Area"); and
WHEREAS, The City Council wishes to alleviate chronic levels of non-resident parking
along streets with adjacent residential properties by establishing the Permit Area; and
WHEREAS, the City Council further finds that it is a reasonable exercise of its police
power to prohibit the stopping, standing, or parking of a vehicle in the Permit Area; and
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: Article VI (Stopping, Standing, and Parking) of Chapter 110 (Traffic and
Vehicles) of the Wylie Code of Ordinances is amended by adding Section 110-189
(Resident Only Parking Permit Areas) to read as follows:
Section 110-189. —Resident only parking permit areas
(a) Definitions. As used in this section, the following terms shall have the
meanings ascribed in this subsection, unless the context of their usage clearly
indicates another meaning:
City Engineer means the City Engineer of the City of Wylie, or their designee.
Designated Permit Area means a contiguous area of a single family residential
use containing not less than ten single-family residential lots, upon which the city
council imposes a requirement for a parking permit under this section. Where
Ordinance No.2016-15
Amending Article VI(Stopping, Standing,And Parking)Of Chapter 110
(Traffic And Vehicles)Of The Wylie Code Of Ordinances
Page 1
there are less than ten single family residential lots on the entire length of the
street, then the entire length of the street may be considered for a designated
permit area.
Guest Permit means a permit issued by the city pursuant to this section to a guest
of a resident located within a designated permit area for display on a vehicle
owned or used by a guest which is parked or left standing within the designate
permit area.
Resident means a person whose place of residence or property is located in the
city as to render him or her eligible for procurement of a parking permit under this
section.
Resident Permit means a permit issued by the city pursuant to this section to a
resident or property owner within a designated permit area for display on a
vehicle owned or used by such resident or property owner which is parked or left
standing within the designated permit area
(b) Parking Regulations within a Designated Permit Area
a. Except as provided in subsection (b), no vehicle shall be parked in a
Designated Permit Area between the hours of 7:00 a.m. and 5:00 p.m.
on weekdays, Monday through Friday, without displaying a valid
resident permit or guest permit.
b. Non-permitted vehicles may be parked for no more than two (2)
contiguous hours in the same location.
(c) Exemptions
a. A motor vehicle that is owned by or operated under contract to a utility
when used in the construction, operation, removal or repair of utility
property or facilities or engaged in authorized work in the designated
permit area by the City.
b. A motor vehicle that is identified as owned by or operated under
contract to a federal, state or local governmental agency and being
used in the course of official government business.
c. Motor vehicles that are stopped temporarily for loading or unloading
passengers or goods.
d. Motor vehicles that are used in transporting individuals, equipment,
and goods necessary for making improvements and repairs, providing
labor, and performing other services at a location within the designated
permit area.
e. The designated permit area shall not be effective on weekdays that
Wylie East High School is not in session.
Ordinance No.2016-15
Amending Article VI(Stopping, Standing,And Parking)Of Chapter 110
(Traffic And Vehicles)Of The Wylie Code Of Ordinances
Page 2
(d) Resident permits
a. All residents of a designate permit area who register with the city
engineer, or his/her designee, shall be issued, free of charge, one
resident permit for each motor vehicle owned and kept by the resident
at the premises located within the designated permit area. The
residential parking permits must be placed in the lower left-hand
corner of the rear window of the motor vehicle.
b. Each permit issued to a resident will be assigned to a specific vehicle,
and will only be valid for the particular vehicle to which it is assigned.
No permit may be transferred to any other individual or used for a
different vehicle other than the one to which the permit is assigned.
c. Two temporary guest permits will automatically be issued, free of
charge, for each residential lot situated within the designated permit
area.
d. All residents applying for a permit or permits must use the application
developed by the city engineer.
e. The city engineer shall, upon receiving a completed application, issue
a resident permit to any individual that is eligible for the permit. An
individual is eligible to obtain a permit of the individual:
i. Owns a motor vehicle; and
ii. Resides within the designated permit area.
(e) Designated Permit Area
a. Palmdale Drive from East Brown Street to Glendale Drive
b. Jamestown Drive from Anson Parkway to Palmdale Drive
c. Glendale Drive from Anson Parkway to Palmdale Drive
SECTION 3: ENFORCEMENT: No person shall stop, stand or park a motor vehicle in
a designated permit area for a period greater than two hours between the hours of 7:00
a.m. and 5:00 p.m., Monday through Friday, without displaying a valid parking permit.
The Police Chief, or his/her authorized representatives, is authorized to issue citations
and/or remove or cause to be removed any material or vehicle obstructing the area in
which stopping, standing, or parking is prohibited at the expense of the owner of such
material or vehicle. The City shall not be responsible or liable for any damage to any
vehicle or personal property removed from the area where stopping, standing, or parking
is prohibited and shall not be responsible for any damage resulting from the failure to
exercise the authority granted under this Ordinance.
SECTION 4: SAVINGS/REPEALING CLAUSE. All provisions of any ordinance in
conflict with this Ordinance are hereby repealed to the extent they are in conflict; but
such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the repeal prevent a prosecution from being commenced for any
Ordinance No.2016-15
Amending Article VI(Stopping, Standing,And Parking)Of Chapter 110
(Traffic And Vehicles)Of The Wylie Code Of Ordinances
Page 3
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 thereof irrespective of the fact
that any one or more sections, subsections, sentences, clauses and phrases be declared
unconstitutional or invalid.
SECTION 6: PENALTY PROVISION. Any person violating this Ordinance shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not
more than Five Hundred Dollars ($500.00). Each continuing day's violation or separate
act 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 7: AMENDMENTS. For clarity in reading amendments to the Wylie Code of
Ordinances, any language intended to be added to the code may be underscored in the
amending ordinance, and any language intended to be deleted from the code may be
placed in brackets and stricken through. These markings, when used, and the deleted
portions shall be removed when amendments are printed in the code. The amended
provisions as set forth in this Ordinance have also been renumbered for ease of reading.
SECTION 8: EFFECTIVE DATE. This Ordinance shall be effective upon its passage
and publication as required by law.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas,
this 9th day of August, 2016.
ERIC HOGUE, Mayor
ATTESTED AND CORRECTLY
RECORDED:
CAROLE EHRLICH, City Secretary
Date of publication in The Wylie News - August 17, 2016
Ordinance No.2016-15
Amending Article VI(Stopping, Standing,And Parking)Of Chapter 110
(Traffic And Vehicles)Of The Wylie Code Of Ordinances
Page 4
CITY OFF CITY OF WYLIE
RESIDENTIAL PARKING PERMIT APPLICATION
Name: Address/Zip:
Phone#: DL#/State: Signature:
Form of Verification: Driver's License *Lease Utility Bill Insurance Other:
*All applicants renting property must provide a copy of their current lease for review by staff.
License Plate# State: License Plate# State:
Vehicle Make: Vehicle Make:
Model: Color: Model: Color:
Permit# Permit#
OFFICE USE ONLY
Employee Issuing Permit: Date:
Wylie City Council
WW "" AGENDA REPORT
Pq.MBG 8M%",„
Meeting Date: August 9, 2016 Item Number: 6
(City Secretary's Use Only)
Department: Engineering
Prepared By: Engineering Account Code: N/A
Date Prepared: July 29, 2016 Budgeted Amount: N/A
Exhibits: Ordinance
Subject
Consider and act upon, Ordinance No. 2016-16 amending Ordinance 2007-36 and Article IV (Speed) of Section
110-133 (School Zones) of the Wylie Code of Ordinances, establishing a school zone for certain streets;
establishing prima facie maximum speed limits during school hours in such zone; removing the school zone for
certain street(s); 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.
Recommendation
A motion to approve Ordinance No. 2016-16 amending Ordinance 2007-36 and Article IV (Speed) of Section
110-133 (School Zones) of the Wylie Code of Ordinances, establishing a school zone for certain streets;
establishing prima facie maximum speed limits during school hours in such zone; removing the school zone for
certain street(s); 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.
Discussion
The area west of Wylie High School has developed into a large retail center. As a result, students are crossing
Woodbridge Parkway as they travel from the school to the development. Vehicular and pedestrian volumes
were collected in this area, and between the hours of 8:15am and 2:30pm, 641 pedestrians crossed the roadway
(see attached).
The attached memo from Tom Walton recommends a school zone and a pedestrian crossing be added to
Woodbridge Parkway. Approval of the attached ordinance will establish a 20 mph school zone on Woodbridge
Parkway from FM 544 to a point just south of the school. The school zone will be in effect from 8:15 - 9:00,
12:40 -1:40 and 4:20 —4:50. We will continue to monitor the area to determine if any adjustments need to be
made.
(Rev 01/2014) Page 1 of 1
ORDINANCE NO. 2016-16
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
ORDINANCE NO. 2007-36 AND ARTICLE IV (SPEED) OF SECTION
110-133 (SCHOOL ZONES), OF THE WYLIE 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; PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR
THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, §545.356 of the Texas Transportation Code provides that whenever the
governing body of the municipality shall determine upon the basis of an engineering and traffic
investigation that any prima facie speed therein set forth is greater or less than is reasonable or
prudent under the conditions found to exist at any intersection or other place or upon any part of
a street or highway within the City of Wylie, Texas ("Wylie" or "City"), taking into
consideration, among other things, whether the highway is a two-lane, undivided highway, as
well as the usual traffic thereon, said governing body may determine and declare reasonable and
prudent maximum prima facie speed limits thereon by the passage of an ordinance, which shall
be effective when appropriate signs giving notice thereof are erected at such intersection or other
place or part of the street or highway; and
WHEREAS, §541.302 of the Texas Transportation Code defines a "school crossing
zone" as a reduced speed zone designated on a street by a local authority to facilitate safe
crossing of the street by children going to or leaving a public or private elementary or secondary
school during the time the reduced speed limit applies; and
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") finds it
necessary to amend Ordinance No. 2007-36 and Article IV (Speed) of Section 110-133 (School
Zones) of the Wylie 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, and in the
immediate vicinity of school areas, during periods of time, which shall be set by the City's
Engineer, 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 No. 2007-36 and
Ordinance No.2016-16- A School Zone For Certain Streets;
Establishing Prima Facie Maximum Speed Limits During School Hours In Such Zone
Page 1 of 6
634171.1
Article IV (Speed) of Section 110-133 (School Zones) of the Wylie 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 Ordinance No. 2007-36 and Article IV (Speed) of Section
110-133 (School Zones) of the Wylie Code of Ordinances. Ordinance No. 2007-36 and Article
IV (Speed) of Section 110-133 (School Zones) of the Wylie Code of Ordinances, are hereby
amended to read as follows:
"Sec. 110-133. 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
hereinafter 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 Miles per hour, during specified times on school days on
the following streets:
AKIN ELEMENTARY SCHOOL
a. On Springwood Lane from the point of its intersection with
Lanwood Drive to the point of its intersection with W.A. Allen
Boulevard.
b. On Lanwood Drive from the point of its intersection with Foxwood
Lane south to the point of its intersection with Heatherwood Lane.
c. On Heatherwood Lane from the point of its intersection with W.A.
Allen Boulevard west to a point 250 feet west of its intersection
with Castlewood Drive.
Ordinance No.2016-16- A School Zone For Certain Streets;
Establishing Prima Facie Maximum Speed Limits During School Hours In Such Zone
Page 2 of 6
634171.1
d. On W.A. Allen Boulevard from a point 100 feet north of its
intersection with Surrey Circle south to its intersection with Stone
Road.
e. On Foxwood Lane from its intersection with Castlewood Drive to
its intersection with Lanwood Drive.
f. On Stone Road from its intersection with Stonehedge Drive to a
point 400 feet west if its intersection with W.A. Allen Boulevard.
BIRMINGHAM ELEMENTARY SCHOOL
a. On Brown Street from a point 150 feet west of its intersection with
Rustic Trail to a point 360 feet west of its intersection with
Westgate Way.
b. On Westgate Way from a point 1260 feet north of its intersection
with Brown Street to a point 1170 feet south of its intersection with
Brown Street.
BURNETT JR HIGH SCHOOL
a. On Pirate Drive from its intersection with Hilltop Street to its
intersection with Ballard Street.
b. On Hilltop Street from its intersection with Pirate Drive to its
intersection with Stone Road.
c. On Stone Road from its intersection with 2nd Street to its
intersection with Dogwood Drive.
COOPER JR HIGH SCHOOL/DRAPER INTERMEDIATE
a. On Hooper Road from its intersection with New Hensley Lane
south to its intersection with Old Hensley Lane.
b. On the southbound lanes of Woodbridge Parkway 500 feet north of
its intersection with New Hensley Lane south to its intersection
with New Hensley Lane.
c. On the northbound lanes of Woodbridge Parkway from its
intersection with New Hensley Lane to the north property line of
the Broad Stone Apartments.
d. On New Hensley Lane from its intersection with Woodbridge
Parkway east to a point 400 feet east of the east property line of
Cooper Jr. High School.
DODD ELEMENTARY SCHOOL
a. On Cheyenne Road from its intersection with Park Boulevard to a
point 150 feet south of its intersection with Barbour Drive.
b. On Tuscalosa Drive from its intersection with Cheyenne Road to a
point 200 feet east of the intersection.
Ordinance No.2016-16- A School Zone For Certain Streets;
Establishing Prima Facie Maximum Speed Limits During School Hours In Such Zone
Page 3 of 6
634171.1
c. On Park Boulevard from a point 400 feet east of its intersection
with Country Club to a point 150 feet east of its intersection with
Mobile Lane.
GROVES ELEMENTARY SCHOOL
a. On McCreary Road from a point 800 feet south of its intersection
with Riverway Lane north to a point 800 feet north of its
intersection with Riverway Lane.
b. On Riverway Lane from its intersection with McCreary Road east
to a point 150 feet west of the intersection with Meandering Drive.
c. On Appalachian Drive from its intersection with Riverway Lane to
a point 150 feet south of the intersection.
d. On Springtide Drive from its intersection with Riverway Lane to a
point 150 feet north of the intersection.
HARRISON INTERMEDIATE SCHOOL
a. On Ballard from its intersection with Stone Road south to a point
200 feet north of its intersection with Stoneybrook Drive.
HARTMAN ELEMENTARY SCHOOL
a. On Birmingham Street from its intersection with Williams Street to
its intersection with W. Stone Road.
b. On Kirby Street from a point 200 feet east of its intersection with
Memorial Drive to its intersection with S. Ballard Avenue.
MCMILLAN JR HIGH SCHOOL/DAVIS INTERMEDIATE
a. On Park Boulevard from the intersection with Westgate Way, west
to a point 150 west of its intersection with Mobile Lane.
b. On Westgate Way from its intersection with Park Boulevard south
150 feet.
WATKINS ELEMENTARY SCHOOL
a. On Elm Road from its intersection with FM 544 west to a point
400 feet west of its intersection with Timber Falls Drive.
b. On Timber Falls Drive from its intersection with Elm Road, south
200 feet.
WYLIE EAST HIGH SCHOOL
Ordinance No.2016-16- A School Zone For Certain Streets;
Establishing Prima Facie Maximum Speed Limits During School Hours In Such Zone
Page 4 of 6
634171.1
a. On Wylie East Drive from a point 1000 feet north of its
intersection with Brown Street to a point 100 feet south of the
Brown Street intersection.
b. On Brown, from its intersection with Wylie East Drive to a point
100 feet west of the intersection.
WYLIE HIGH SCHOOL
a. On Woodbridge Parkway from a point 200 feet south of its
intersection with FM 544 to a point 100 feet south of the third
median opening south of FM 544.
(2) Thirty Miles per hour, during specified times on school days on the
following streets:
SMITH ELEMENTARY
a. On Country Club Drive from a point 200 feet north of its
intersection with Lakeway Drive to a point 200 feet south of its
intersection with Boxwood Lane.
As a result of the frequent changes to elementary and secondary public and
private school start and end times, the appropriate hours of enforcement for
school zone maximum speed limits shall be set by the City's Engineer. The
maximum speed limits in a school zone shall be set in accordance with the Texas
Department of Transportation recommendations, unless set forth and posted
otherwise as determined by the City's Engineer. 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 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), unless the violation relates to fire safety,
zoning or public health and sanitation, including dumping and refuse, in which the fine shall not
exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing
day's violation or separate act 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. 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
Ordinance No.2016-16- A School Zone For Certain Streets;
Establishing Prima Facie Maximum Speed Limits During School Hours In Such Zone
Page 5 of 6
634171.1
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.
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 9th day of August, 2016.
Eric Hogue, Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
Carole Ehrlich, City Secretary
Date(s) of publication in The Wylie News August 17, 2016
Ordinance No.2016-16- A School Zone For Certain Streets;
Establishing Prima Facie Maximum Speed Limits During School Hours In Such Zone
Page 6 of 6
634171.1
MEMO
TO : Chris Hoisted, City Engineer, City of Wylie
FROM : Tom Walton, Consulting Traffic Engineer
DATE : 03/25/16
SUBJECT : Wylie High School Pedestrian Crossing
The investigation of the situation and needed improvements for a pedestrian crossing on
Woodbridge Pkwy west of Wylie High School will involve the following steps:
• Determine pedestrian and vehicle volume and speed information.
• Determine need and establish new School Zone by ordinance
• Install signing and pavement markings for School Zone including flashers
• Install pedestrian walking and waiting facilities approaching and at the crossing
location.
• Install signing and pavement markings for crossing including flashers.
• Implement School Zone and Crossing.
• Monitor and determine effectiveness of new improvements.
Existing Conditions:
The vehicular and pedestrian volume counts on Woodbridge Pkwy just south of the FM
544 intersection were completed during the week of Marchl4th 2016. The East and
Westbound pedestrian traffic was monitored from 8:15am to 9:00am and from 11:45am
to 2:30pm. The vehicular traffic volumes both northbound and southbound on
Woodbridge Pkwy were counted for the entire day and the volumes for the same hours as
the pedestrian counts will be used in the study. The results of the volume counts are as
follows:
Pedestrian volume Vehicular volume
8:15am-9:00am 170 1230
11:30-12:00 76 230
12:00-1:00pm 167 714
1:00-2:00pm 177 743
2:00-2:30pm 51 359
The operating speed of traffic on Woodbridge Pkwy was also measured along with the
volume. The 85th percentile speed of traffic is 38.5 Mph.
South of its intersection with FM544, Woodbridge Pkwy is a four lane divided road with
a grass median bordered by a concrete curb and gutter. The median varies in width from
15 ft.just north of the first median opening south of FM544 to 39 ft.just north of the
second median opening south of FM 544. There is a right turn lane for southbound
traffic approaching the driveway opposite the second median opening. Just north of the
second median opening the northbound pavement is 25 ft. wide while the southbound
pavement is 36 ft. wide including the right turn lane. There are no vertical or horizontal
obstructions to visibility along the entire length of Woodbridge Pkwy along the west side
of the high school.
The pedestrian crossings that were monitored are located in the vicinity of the second
median opening south of FM 544. The majority of the crossings happen on the north side
of the median opening entering and leaving the school property between the second and
third driveways on the east side of the street.
SCHOOL Zones
The primary purpose of a school speed reduction zone is to provide protection for
pedestrian children crossing a street in the vicinity of a school. Enforcement of the
zone is provided by an ordinance that specifies location and area of coverage of the
zone, the required speed limit and the times of effectiveness of the regulation. The
need for a zone diminishes with an increase in the age of the children crossing. Many
times school zones are not used for high schools. An exception is when there are a
significant number of children crossing a major roadway with large vehicular volume
and high operating speed.
Based upon the pedestrian and vehicular volumes given above there is a need for
school speed zone protection on the section of Woodbridge Pkwy along the west side
of the Wylie High School. The times when the regulation needs to be effective are
from 8:15am to 9:15am and again from 11:15 am to 2:45 pm. The zone should
extend along both directions of Woodbridge Pkwy from a point 200 ft. south of its
intersection with FM 544 to a point 100ft south of the third median opening south of
FM 544. An amendment to the existing school zone ordinance should be approved
by the City Council to establish the new 20 MPH school zone on Woodbridge.
Crossing site paving improvements
At the present time there are no pedestrian facilities along the east side of
Woodbridge Pkwy in the area west of the high school.
A designated pedestrian crossing should be clearly visible, attractive and accessible.
There should be areas behind the curbs on both the east and west sides of the street to
accommodate a number of pedestrians waiting for a gap in traffic on the street. There
should also be a similar area in the median. This will allow those crossing to deal
with traffic in each direction separately.
A 6 ft. wide sidewalk should be built along the east side of Woodbridge Pkwy. It
should extend from the west end of the existing walk along the south side of the
parking lot in front of the school southward to the north side of the third drive south
of FM 544. The walk should be at least 6 ft. back from the curb on the street. An 8
ft. wide concrete pad should be built between the sidewalk and the curb on the east
side of the street opposite the median nose on the north side of the second median
opening south of FM 544. A similar concrete pad 8 ft. wide by 6 ft. deep should be
built behind the curb on the west side of the street. In the median of the street, an
8ft. wide concrete pad should be built along the north side of the pavestone area at the
nose of median just north of the second median opening. The pad should extend from
curb to curb across the median.
Pavement Markings
The pavement markings needed to establish the proposed school zone and the
pedestrian crossing are as follows:
• Install a 12 inch wide white stripe across both the southbound and
northbound lanes of Woodbridge Pkwy at a point 200 ft. south of its
intersection with FM 544.
• Install a 12 inch wide white stripe across both the northbound and
southbound lanes of Woodbridge Pkwy 100 ft. south of the median nose on
the south side of the third median opening south of FM 544.
• Install a Continental Crosswalk across the northbound lanes of Woodbridge
Pkwy from the 8ft. concrete pad in the median to the 8ft. wide concrete pad
on the east side of the road. The crosswalk is made up of 8ft. long by 24 inch
wide white stripes running parallel to the direction of traffic flow and spaced
24 inches apart.
• Install a Continental Crosswalk across the southbound lanes of Woodbridge
Pkwy from the 8ft. wide concrete pad in the median to the 8 ft. wide concrete
pad on the west side of the road.
Traffic Signs and Flashers
Due to the relatively high volumes of both vehicular and pedestrian traffic during the
crossing periods and the speed of traffic by the site it will be best to have flashing lights
to warn traffic that the school zone regulation is in effect and to enhance the effectiveness
of the crossing. The signs and flashers needed to establish the school zone and crosswalk
shall be as follows:
School Zone:
• Install a 20MPH school zone assembly (S4-3, R2-1) with a When Flashing sign
(S4-4)below it and a flashing yellow light above and below it on the west side of
Woodbridge Pkwy 200 ft. south of its intersection with FM 544. Sign facing
north.
• Install a 20MPH school zone assembly (S4-3, R2-1)with a When Flashing sign
(S4-4)below it and a flashing yellow light above and below it on the east side of
Woodbridge Pkwy 100 ft. south of the median nose on the south side of the third
median opening south of FM 544. Sign facing south.
• Install a 20 MPH school zone assembly (S4-3, R2-1) on the west side of
Woodbridge Pkwy 200 ft. south of the first drive south of FM 544. Sign facing
north.
• Install a 20 MPH school zone assembly (S4-3, R2-1) on the east side of
Woodbridge Pkwy 200 ft. north of the fourth drive south of FM 544. Sign facing
south.
• Install an End School Zone sign (S5-2) on the east side of Woodbridge Pkwy 200
ft. south of its intersection with FM 544. Sign facing south.
• Install an End School Zone sign (S5-2) on the west side of Woodbridge Pkwy 100
ft. south of the median nose on the south side of the third median opening south of
FM 544. Sign facing north.
Pedestrian Crossing:
• Install a School Advance Warning assembly sign (S1-1, W16-9p) on the west side
of Woodbridge Pkwy 200 ft. north of the second driveway south of FM 544. Sign
facing north.
• Install a School Advance Warning assembly sign (S1-1, W16-9p) on the east side
of Woodbridge Pkwy 300 ft. south of the third driveway south of FM 544. Sign
facing south.
• Install a School Crosswalk Warning assembly sign (S1-1, W16-7p)with a
rectangular rapid flashing beacon and a push button to activate on the pole on the
west side of Woodbridge Pkwy just north of the new concrete waiting pad at the
west end of the new crosswalk on the north side of the second driveway south of
FM 544. Sign facing north.
• Install a School Crosswalk Warning assembly sign (S1-1, W16-7p)with a
rectangular rapid flashing beacon and a push button to activate on the pole on the
east side of Woodbridge Pkwy just north of the new concrete waiting pad at the
east end of the new crosswalk on the north side of the third driveway south of FM
544. Sign facing south.
The push buttons on the crossing sign poles will activate the rapid flashers in both
directions.
Implement and Monitor:
Prior to implementing the crossing, an information process for both the school
staff and students as to the correct use of the crossing should be established. The
effectiveness should be monitored every month to determine if any additional
improvements such as crossing guards should be considered.