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01-24-2006 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA January 24, 2006 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 CALL TO ORDER INVOCATION &PLEDGE OF ALLEGIANCE PROCLAMATIONS AND PRESENTATIONS • Presentation to 2nd Six Weeks Star Students—Character Trait of"Caring" • Presentation by Verizon of the Fiber Optic Service Community Award (Verizon Representatives) • Presentation of the Wylie Police Department 2005 Annual Traffic Contact Report(J.Butters, Chief of Police) CITIZENS 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. Approval of the Minutes from the January 10, 2006 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider and act upon a Preliminary Plat for Best Corner Wylie Addition, generally located at the northeast corner of Kirby Street and F.M. 544. (M.Manson,Assistant City Manager) C. Consider and act upon a Final Plat for Sage Creek Phase 9 Addition, generally located south of Sage Creek 8 Addition and north of Wooded Creek Addition. (M.Manson,Assistant City Manager) D. Consider and act upon a Final Plat for Sage Creek Phase 9A Addition, generally located south of Sage Creek 9 Addition and north of Wooded Creek Addition. (M. Manson,Assistant City Manager) E. Consider and act upon authorizing the City Manager to sign an Amended Water CCN Transfer Agreement between Wylie Northeast Water Supply Corporation and City of Wylie, Texas. (M. Roath, City Manager) F. Consider and act upon approval and final acceptance of the utility improvements along Cotton Belt, Jackson, and Cooper Streets and authorize final payment to Evergreen National Indemnity Company, in the amount of $58,241.45, and accept the project as complete. (C. Holsted, City Engineer) G. Consider and act upon authorizing the Mayor to enter into an Interlocal Agreement with Collin County and the Rita and Truett Smith Public Library for library services for fiscal year 2005-2006. (R. Orozco,Library Director) H. Consider and act upon authorizing the Mayor to execute a Discretionary Service Agreement with TXU Electric Delivery Company and a Statement of Charges in the amount of $9,490.76 for the relocation of overhead electrical service lines in Olde City Park as part of improvements to Olde City Park. (M. Sferra,Public Services Director) I. Consider and act upon awarding a contract to C & G Electric, Inc. for the installation of lighting at the Founders Park Tennis Center and authorizing a change order to reduce the scope of work resulting in a total contract price of$84,680.00. (M. Sferra,Public Services Director) J. Consider and act upon a request from the Blackland Prairie Playground Foundation to use Founders Park for their "Spring Fest" on March 25, 2006. (R. Diaz, Asst. Superintendent, Parks and Recreation) ITEMS FOR INDIVIDUAL CONSIDERATION AND ACTION Public Hearings Tabled Item from 1-10-06 Motion to remove from table and: 1. Continue a Public Hearing and consider and act upon Ordinance No. 2005-58 approving certain revisions to the residential and nonresidential development requirements of the Zoning Ordinance. (M.Manson,Assistant City Manager) Executive Summary A joint worksession was held on November 14, 2005 between the Planning and Zoning Commission and the City Council during which the proposed amendments were discussed. It was determined that additional review was needed for Articles 3 and 4, as well as the need to amend Article 5 Use Regulations. Because the Public Hearing for Articles 3 and 4 had been advertised,the Council opened the Public Hearing and continued it in order to give the Planning Commission opportunity to continue the review. The Planning Commission subsequently reviewed Articles 3 and 4 during the course of several meetings,and concurrently reviewing and conducting a public hearing on Article 5. 2. Hold a public hearing and consider and act upon Ordinance No. 2006-04 implementing revisions to the Use Regulations in Article 5 of the Zoning Ordinance and to the City-Wide Zoning Map. (M. Manson,Assistant City Manager) Executive Summary After review of the proposed revisions to Articles 3 and 4 staff recommended to Council that the proposed amendments not be approved until a public hearing could be held by the Planning and Zoning Commission on Article 5 Use Regulations/Chart in order to fully implement the new zoning categories. As such, the Planning and Zoning Commission conducted a public hearing on January 3rd to consider amendments to Article 5 of the Zoning Ordinance,recommending approval to the Council. The previously approved revisions to Article 3 Residential Standards and Article 4 Non-Residential Standards established new zoning districts and deleted others, as well as created some changes in both the base and desirable design requirements. With the creation and deletion of these zoning categories, Article 5 Use Regulations/Chart has been amended to reflect the new categories in an effort to allow staff to enforce and administer the ordinance. 3. Consider and act upon Ordinance No. 2006-05 amending Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance) by repealing Section 42.00 (Right-of-Way Abandonment Fee). (M.Manson,Assistant City Manager) Executive Summary Within the Fee Schedule section of the City Code, Section 42.00 states: "Under state law, cities are precluded from giving property away. Cities must, under V.T.C.A,Local Government Code § 272.001, obtain an appraisal to establish fair market value. The city is then not allowed to convey, sell or exchange that land and those interests for less than fair market value of the land or interest." This language is, in part, both inaccurate and in conflict with State law. Because the Local Government Code sets out the circumstances and procedures under which cities may dispose of property, it is unnecessary for the City to address it locally. As such, it is recommended that the ordinance be amended to repeal Section 42 Right-of- Way Abandonment Fee. 4. Consider and act upon an Amended Solid Waste and Recycling Contract between the City of Wylie and Allied Waste Systems, Inc. including a rate increase. (M. Roath/.I. Fort, City Manager and City Attorney,Respectively) Executive Summary The existing contract for solid waste and recycling was entered into on September 1, 2001 with Browning-Ferris, Inc., for a period of(5)years (see attached Contract). Subsequently, the City approved an extension of the current contract to August 31,2008 (see attached Council Agenda Item and supporting documents). In 2004,representatives of Trinity Waste Systems contacted the City staff to solicit changes to the existing contract as well as a rate increase. (Note: The City had granted the last solid waste/recycling increase in September, 2001.) Thereafter, City Manager and City Attorney commenced negotiations with representatives of Trinity that is, with the aim of improving service delivery for the remainder of the contract period and/or until August 31,2008. 5. Consider and act upon a commitment by the Wylie City Council to contribute to CASA, Collin County Children's Advocacy Center (CCCAC) and City House from the FY 2006-2007 Annual Operating Budget and determine the amount of said commitment. (C. Ehrlich, City Secretary) Executive Summary On January 8, 2006, Mayor John Mondy sent an e-mail requesting that an agenda item addressing a letter received from David Dorman,Mayor of Melissa, Texas be placed on the January 24,2006 Council agenda.A request has been received for commitment from Council to contribute funding for CASA, CCCAC and City House form the FY2006-2007 budget and that a funding amount be determined. 6. Consider and act upon approval of Ordinance No. 2006-06 approving a budget amendment, in the amount of $145,104.00, for the additional installation of 662 meters, the incremental cost of 270 1" meters,and miscellaneous items to include risers and gaskets. (L. Williamson, Finance Director) Executive Summary As of January 1,2006 all City meters up to 1 1/2 inches have been replaced with the new 3G Master Meters. We have tested our reading equipment on Route 2 which contains roughly 3,000 meters and the reading system worked flawlessly. We plan to read Route 1 this coming week which contains over 6,000 meters and expect the same results. We are having some problems with the Data Logging Report function which our vendor is working on. It appears based on this limited experience that two meter readers will be able to read the entire system in 2 to 3 days. A job that prior to the change out would take 2 meters readers 3 weeks to complete. When this project was initially designed the Utility Billing system(INCODE)provided a report showing the city's total water accounts at 9,000. This report was used for the basis of our bid specifications of 9,000 meters. However,we replaced 9,682 meters. The initial thought was that there were 662 meters that were not in our system, but further research confirmed that the city did have accounts for these meters and we were in fact reading and billing these accounts. Additionally, when the program specifications were drawn up, the city did not know what size meters each customer had. Most residential customers use a 3/4 inch meter. However, it turned out that 270 residential customers had 1 inch meters. These meters were$40.00 more than the 3/4 inch meter that were originally budgeted. 7. Consider and act upon Resolution No. 2006-03 approving the establishment of a Senior Accountant position effective January 30, 2006 and the abolishment of the Assistant Finance Director position as of February 24,2006. (L. Williamson, Finance Director) Executive Summary The Assistant Finance Director is retiring effective February 24, 2006. The Finance Department is being reorganized to staff up the accounting division of the department. Historically,the accounting division has been staffed to simply be the recorder of city transactions with little time spent on reviewing accounts and transactions on a timely basis. Most of the review process has taken place during the audit process at year end. This has resulted in current account information being unreliable for management's purposes, very little oversight on city wide programs such as credit card use and travel expense reimbursement and is one of the major impediments to completing the Comprehensive Annual Finance Report(CAFR) in a timely manner. The Finance Department wants to replace the Assistant Finance Director position with a Senior Accountant position. In order to begin this reorganization and provide some overlap for the new Senior Accountant and the Assistant Finance Director, staff is recommending that the Senior Accountant position be established February 6, 2006 and the new Assistant Finance Director Position be eliminated effective February 24,2006. 8. Consider and act upon Ordinance No. 2006-07 amending Ordinance No. 2003-11 (Establishing the Wylie Animal Shelter Advisory Board) increasing the number of members to the Wylie Animal Shelter Advisory Board, accepting the resignation of Katie Munson and the appointment of Animal Control Supervisor Ken Qualls to the City of Wylie Animal Shelter Advisory Board. (J. Butters, Chief of Police) Executive Summary Ordinance 2003-11 authorized City Council to appoint an Animal Shelter Advisory Board. Currently, the board consists of one veterinarian, one county or municipal official, one person whose duties include the daily operation of an animal shelter and one representative from an animal welfare organization. Ordinance 2006-07 will increase the number of members to five (5) to include a resident of the City of Wylie, Texas. Staff believes that the addition of a resident of the City to the Wylie Animal Shelter Advisory Board would be beneficial to the Board. 9. Consider and act upon a nominee to the Municipal Solid Waste Management and Resource Recovery Advisory Council for a term to expire August 31,2007. (C. Ehrlich, City Secretary) Executive Summary The Texas Commission on Environmental Quality (TECQ) is requesting nominations for an "elected official" from a municipality with a population between 25,000 and 100,000 to serve on the Municipal Solid Waste Management and Resource Recovery Advisory Council. This term will expire August 31, 2007. The Council was created by the 69th Legislature in 1983. Members represent various interests such as cities and county solid waste agencies, public solid waste districts as well as other agencies dealing with solid waste. The Council members are required by law to hold at least one meeting every three months. The meetings last one to two days and are held in Austin,Texas. READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE III, SECTION 13-D. WORK SESSION • Discussion of the City's Water System Analysis and 10 year Capital Improvements Plan. (C. Hoisted, City Engineer) ADJOURNMENT In addition to any specifically identified Executive Sessions, Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action,as a result of this Executive Session,will be taken and recorded in open session. I certify that this Notice of Meeting was posted on this 20th day of January,2006 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 contacted. As a courtesy,this agenda is also posted to the City of Wylie Website at www.ci.wylie.tx.us Carole Ehrlich,City Secretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. CITY OF WYLIE Item No. Presentation City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: 01-24-06 Originating Department: Police Department Prepared By: Jeff Butters Account Code No. #: Date Prepared: 01-1 1-06 Budgeted Amount: NA Exhibits: 2005 Traffic Contact AGENDA SUBJECT:Presentation of the Wylie Police Department 2005 Annual Traffic Contact Report RECOMMENDED ACTION:No action is required. SUMMARY: Texas Senate Bill (SB 1074) requires police departments to collect traffic-related contact data and to report the contact data to their governing body every year, no later then March of the following year. The 2005 Wylie Police Department Annual Traffic Contact Report meets and exceeds all requirements of SB 1074. APPROVED BY: Initial Date Department Director: JB \ O l/11/06 City Manager: \ 1 .. 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' - st:: :'yf.`,-.; ,,ma�yy +tiYr r• e l Del Carmen Consufting, LLC (I) Introduction Opening Statement January 8, 2006 Wylie City Council 2000 State Highway 78 North Wylie, Texas 75098 Dear Distinguished Council Members, It is clear that racial profiling continues to be regarded as a prevalent theme among law enforcement agencies in the United States. Almost four years ago, the Texas legislature, in an attempt to address the issue of racial profiling in policing, passed the Texas Racial Profiling Law. Since,the Wylie Police Department, in accordance with the law, has collected and reported traffic-related contact data for the purpose of identifying and addressing (if necessary) areas of concern regarding racial profiling practices among police officers. In this report,the reader will encounter three sections that contain information on traffic-based contact data along with documentation which aims at demonstrating the manner in which the Wylie Police Department has complied with the Texas Racial Profiling Law. Specifically, section 1 contains the table of contents in addition to the Texas Senate Bill (SB 1074)which introduced the Texas Racial Profiling Law. Also, in this section, a list of requirements relevant to the Racial Profiling Law as established by TCLEOSE (Texas Commission on Law Enforcement Officer Standards and Education) is included. In addition, sections 2 and 3 contain documentation which demonstrates compliance of the Wylie Police Department relevant to the requirements as established in the Texas Racial Profiling Law. That is, documents relevant to the implementation of an institutional policy banning racial profiling, the implementation of a racial profiling complaint process (which has been disclosed to the public), and the training administered to all law enforcement personnel are included. The final component of this report provides statistical data relevant to contacts, made during the course of traffic stops, between 1/1/05 and 12131/05. This information has been analyzed and compared to data derived from the U.S. Census Bureau's Fair Roads Standard and to the traffic-based contact data collected in 2002, 2003 and 2004. The final analysis and recommendations are also included in this report. I am hopeful that the findings presented in this report serve as evidence of the Wylie Police Department's commitment to comply with the Texas Racial Profiling Law. Sincerely ",/y ex d,.- Carmen, Ph. Del 'armen Consulting, LLC Table of Contents Table of Contents (I) Introduction a) Opening Statement b) Table of Contents c) TCLEOSE Guidelines d) The Texas Law on Racial Profiling(S.B. 1074) (II) Responding to the Texas Racial Profiling Law a) Institutional Policy on Racial Profiling b) Educational Campaign Relevant to the Complaint Process— Addressing Allegations of Racial Profiling Practices c) Racial Profiling Training of Law Enforcement Personnel d) Report on Complaints Filed Against Officers for Violating the Racial Profiling Law (includes outcome of investigation) e) Police (Traffic-Related) Contact Information Table (2005) 0 Table Depicting Baseline Comparison (2005) g) Four-Year Data Assessment (02-05) h) Analysis and Interpretation of Data(2005) (III) Summary a) Checklist b) Contact Information TCLEOSE GUIDELINES Guidelines for Compiling and Reporting Data under Senate Bill 1074 Background Senate Bill 1074 of the 77th Legislature established requirements in the Texas Code of Criminal Procedure (TCCP) for law enforcement agencies. The Commission developed this document to assist agencies in complying with the statutory requirements. The guidelines are written in the form of standards using a style developed from accreditation organizations including the Commission on Accreditation for Law Enforcement Agencies (CALEA). The standards provide a description of what must be accomplished by an agency but allows wide latitude in determining how the agency will achieve compliance with each applicable standard. Each standard is composed of two parts: the standard statement and the commentary. The standard statement is a declarative sentence that places a clear-cut requirement, or multiple requirements, on an agency. The commentary supports the standard statement but is not binding. The commentary can serve as a prompt, as guidance to clarify the intent of the standard, or as an example of one possible way to comply with the standard. Standard 'l Each law enforcement agency has a detailed written directive that: • clearly defines acts that constitute racial profiling; • strictly prohibits peace officers employed by the agency from engaging in racial profiling; • implements a process by which an individual may file a complaint with the agency if the individual believes a peace officer employed by the agency has engaged in racial profiling with respect to the individual filing the complaint; • provides for public education relating to the complaint process; • requires appropriate corrective action to be taken against a peace officer employed by the agency who, after investigation, is shown to have engaged in racial profiling in violation of the agency's written racial profiling policy; and • requires the collection of certain types of data for subsequent reporting. Commentary Article 2.131 of the TCCP prohibits officers from engaging in racial profiling,and article 2.132 of the TCCP now requires a written policy that contains the elements listed in this standard. The article also specifically defines a law enforcement agency as it applies to this statute as an"agency of the state,or of a county,municipality,or other political subdivision of the state,that employs peace officers who make traffic stops in the routine performance of the officers' official duties." The article further defines race or ethnicity as being of "a particular descent, including Caucasian, African, Hispanic,Asian,or Native American." The statute does not limit the required policies to just these ethnic groups. This written policy is to be adopted and implemented no later than January 1,2002. Standard 2 Each peace officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic, or who stops a pedestrian for any suspected offense reports to the employing law enforcement agency information relating to the stop,to include: • a physical description of each person detained, including gender and the person's race or ethnicity, as stated by the person, or, if the person does not state a race or ethnicity, as determined by the officer's best judgment; • the traffic law or ordinance alleged to have been violated or the suspected offense; • whether the officer conducted a search as a result of the stop and, if so, whether the person stopped consented to the search; • whether any contraband was discovered in the course of the search, and the type of contraband discovered; • whether probable cause to search existed, and the facts supporting the existence of that probable cause; • whether the officer made an arrest as a result of the stop or the search, including a statement of the offense charged; • the street address or approximate location of the stop; and • whether the officer issued a warning or citation as a result of the stop, including a description of the warning or a statement of the violation charged. Commentary The information required by 2.133 TCCP is used to complete the agency reporting requirements found in Article 2.134. A peace officer and an agency may be exempted from this requirement under Article 2.135 TCCP Exemption for Agencies Using Video and Audio Equipment. An agency may be exempt from this reporting requirement by applying for the funds from the Department of Public Safety for video and audio equipment and the State does not supply those funds. Section 2.135 (a}(2)states,"the governing body of the county or municipality served by the law enforcement agency, in conjunction with the law enforcement agency,certifies to the Department of Public Safety,not later than the date specified by rule by the department,that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection(a)(1)(A)and the agency does not receive from the state funds for video and audio equipment sufficient,as determined by the department, for the agency to accomplish that purpose." Standard 3 The agency compiles the information collected under 2.132 and 2.133 and analyzes the information identified in 2.133. Commentary Senate Bill 1074 from the 77th Session of the Texas Legislature created requirements for law enforcement agencies to gather specific information and to report it to each county or municipality served. New sections of law were added to the Code of Criminal Procedure regarding the reporting of traffic and pedestrian stops. Detained is defined as when a person stopped is not free to leave. Article 2.134 TCCP requires the agency to compile and provide and analysis of the information collected by peace officer employed by the agency. The report is provided to the governing body of the municipality or county no later than March 1 of each year and covers the previous calendar year. There is data collection and reporting required based on Article 2.132 CCP(tier one)and Article 2.133 CCP(tier two). The minimum requirements for"tier one"data for traffic stops in which a citation results are: 1) the race or ethnicity of individual detained(race and ethnicity as defined by the bill means of"a particular descent,including Caucasian,African,Hispanic,Asian, or Native American"); 2) whether a search was conducted, and if there was a search, whether it was a consent search or a probable cause search;and 3) whether there was a custody arrest. The minimum requirements for reporting on"tier two"reports include traffic and pedestrian stops. Tier two data include: 1) the detained person's gender and race or ethnicity; 2) the type of law violation suspected, e.g.,hazardous traffic,non-hazardous traffic,or other criminal investigation(the Texas Department of Public Safety publishes a categorization of traffic offenses into hazardous or non-hazardous); 3) whether a search was conducted, and if so whether it was based on consent or probable cause; 4) facts supporting probable cause; 5) the type, if any,of contraband that was collected; 6) disposition of the stop, e.g.,arrest,ticket,warning, or release; 7) location of stop;and 8) statement of the charge, e.g., felony,misdemeanor,or traffic. Tier one reports are made to the governing body of each county or municipality served by the agency an annual report of information if the agency is an agency of a county,municipality,or other political subdivision of the state. Tier one and two reports are reported to the county or municipality not later than March 1 for the previous calendar year beginning March 1,2003. Tier two reports include a comparative analysis between the race and ethnicity of persons detained to see if a differential pattern of treatment can be discerned based on the disposition of stops including searches resulting from the stops. The reports also include information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. An agency may be exempt from the tier two reporting requirement by applying for the funds from the Department of Public Safety for video and audio equipment and the State does not supply those funds [See 2.135 (a)(2)TCCP]. Reports should include both raw numbers and percentages for each group. Caution should be exercised in interpreting the data involving percentages because of statistical distortions caused by very small numbers in any particular category,for example, if only one American Indian is stopped and searched,that stop would not provide an accurate comparison with 200 stops among Caucasians with 100 searches. In the first case,a 100%search rate would be skewed data when compared to a 50%rate for Caucasians. Standard 4 If a law enforcement agency has video and audio capabilities in motor vehicles regularly used for traffic stops, or audio capabilities on motorcycles regularly used to make traffic stops, the agency: • adopts standards for reviewing and retaining audio and video documentation; and • promptly provides a copy of the recording to a peace officer who is the subject of a complaint on written request by the officer. Commentary The agency should have a specific review and retention policy. Article 2.132 TCCP specifically requires that the peace officer be promptly provided with a copy of the audio or video recordings if the officer is the subject of a complaint and the officer makes a written request. Standard 5 Agencies that do not currently have video or audio equipment must examine the feasibility of installing such equipment. Commentary None Standard 6 Agencies that have video and audio recording capabilities are exempt from the reporting requirements of Article 2.134 TCCP and officers are exempt from the reporting requirements of Article 2.133 TCCP provided that: • the equipment was in place and used during the proceeding calendar year; and ■ video and audio documentation is retained for at least 90 days. Commentary The audio and video equipment and policy must have been in place during the previous calendar year. Audio and video documentation must be kept for at least 90 days or longer if a complaint has been filed. The documentation must be retained until the complaint is resolved. Peace officers are not exempt from the requirements under Article 2.132 TCCP. Standard 7 Agencies have citation forms or other electronic media that comply with Section 543.202 of the Transportation Code. Commentary Senate Bill 1074 changed Section 543.202 of the Transportation Code requiring citations to include: • race or ethnicity, and • whether a search of the vehicle was conducted and whether consent for the search was obtained. The Texas Law on Racial Profiling S.B.No. 1074 AN ACT relating to the prevention of racial profiling by certain peace officers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by adding Articles 2.131 through 2.138 to read as follows: Art. 2.131. RACIAL PROFILING PROHIBITED. A peace officer may not engage in racial profiling. Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. (a) In this article: (1) "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make traffic stops in the routine performance of the officers' official duties. (2) "Race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, or Native American descent. (b) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1) clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency's complaint process; (5) require appropriate corrective action to be taken gainst a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require collection of information relating to traffic stops in which a citation is issued and to arrests resulting from those traffic stops' including information relating to: (A) the race or ethnicity of the individual detained; and (B) whether a search was conducted and, if so,whether the person detained consented to the search; and (7) require the agency to submit to the governing body of each county or municipality served by the agency an annual report of the information collected under Subdivision(6) if the agency is an agency of a county municipality, or other political subdivision of the state. (c) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. (d) On adoption of a policy under Subsection(b), a law enforcement agency shall examine the feasibility of installing video camera and transmitter-activated equipment in each agency law enforcement motor vehicle regularly used to make traffic stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make traffic stops. If a law enforcement agency installs video or audio equipment as provided by this subsection, the policy adopted by the agency under Subsection. (b) must include standards for reviewing video and audio documentation. (e) A report required under Subsection(b)(7) may not include identifying information about a peace officer who makes a traffic stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the collection of information as required by a policy under Subsection (b)(6). (f) On the commencement of an investigation by a law enforcement agency of a complaint described by Subsection (b)(3) in which a video or audio recording of the occurrence on which the complaint is based was made,the agency shall promptly provide a copy of the recording to the peace officer who is the subject of the complaint on written request by the officer. Art. 2.133. REPORTS REQUIRED FOR TRAFFIC AND PEDESTRIAN STOPS. (a) In this article: (1) "Race or ethnicity" has the meaning assigned by Article 2.132(a). (2) "Pedestrian stop" means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic or who stops a pedestrian for any suspected offense shall report to the law enforcement agency that employs the officer information relating to the stop, including: (1) a physical description of each person detained as a result of the stop, including: (A) the person's gender;and (B) the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; (2) the traffic law or ordinance alleged to have been violated or the suspected offense; (3) whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search; (4) whether any contraband was discovered in the course of the search and the type of contraband discovered; (5) whether probable cause to search existed and the facts supporting the existence of that probable cause; (6) whether the officer made an arrest as a result of the stop or the search, including a statement of the offense charged; (7) the street address or approximate location of the stop; and (8) whether the officer issued a warning or a citation as a result of the stop, including a description of the warning or a statement of the violation charged. Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED. (a) In this article, "pedestrian stop" means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. (b) A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133. Not later than March 1 of each year,each local law enforcement agency shall submit a report containing the information compiled during the previous calendar year to the governing body of each county or municipality served by the agency in a manner approved by the agency. (c) A report required under Subsection (b) must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (A) determine the prevalence of racial profiling by peace officers employed by the agency; and (B) examine the disposition of traffic and pedestrian stops made by officers employed by the agency, including searches resulting from the stops; and (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling_ (d) A report required under Subsection(b) may not include identifying information about a peace officer who makes a traffic or pedestrian stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting of information required under Article 2.133(b)(1). (e) The Commission on Law Enforcement Officer Standards and Education shall develop guidelines for compiling and reporting information as required by this article. (f) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling_ Art. 2.135. EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting requirement under Article 2.133 and a law enforcement agency is exempt from the compilation, analysis, and reporting requirements under Article 2.134 if: (1) during the calendar year preceding the date that a report under Article 2.134 is required to be submitted: (A) each law enforcement motor vehicle regularly used by an officer employed by the agency to make traffic and pedestrian stops is equipped with video camera and transmitter-activated equipment and each law enforcement motorcycle regularly used to make traffic and pedestrian stops is equipped with transmitter-activated equipment; and (B) each traffic and pedestrian stop made by an officer employed by the agency that is capable of being recorded by video and audio or audio equipment, as appropriate, is recorded by using the equipment; or (2) the governing body of the county or municipality served by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the Department of Public Safety, not later than the date specified by rule by the department, that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection (a)(1)(A) and the agency does not receive from the state funds or video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose. (b) Except as otherwise provided by this subsection, a law enforcement agency that is exempt from the requirements under Article 2.134 shall retain the video and audio or audio documentation of each traffic and pedestrian stop for at least 90 days after the date of the stop. If a complaint is filed with the law enforcement agency alleging that a peace officer employed by the agency has engaged in racial profiling with respect to a traffic or pedestrian stop, the agency shall retain the video and audio or audio record of the stop until final disposition of the complaint. (c) This article does not affect the collection or reporting requirements under Article 2.132. Art. 2.136. LIABILITY. A peace officer is not liable for damages arising from an act relating to the collection or reporting of information as required by Article 2.133 or under a policy adopted under Article 2.132, Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The Department of Public Safety shall adopt rules for providing funds or video and audio equipment to law enforcement agencies for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), including specifying criteria to prioritize funding or equipment provided to law enforcement agencies. The criteria may include consideration of tax effort, financial hardship, available revenue, and budget surpluses. The criteria must give priority to: (1) law enforcement agencies that employ peace officers whose primary duty is traffic enforcement; (2) smaller jurisdictions; and (3) municipal and county law enforcement agencies. (b) The Department of Public Safety shall collaborate with an institution of higher education to identify law enforcement agencies that need funds or video and audio equipment for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A). The collaboration may include the use of a survey to assist in developing criteria to prioritize funding or equipment provided to law enforcement agencies. (c) To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A),the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that purpose. (d) On receipt of funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.13 5(a)(1)(A4,the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency has installed video and audio equipment as described by Article 2.13 5(a)(1)(A) and is using the equipment as required by Article 2.135(a)(1). Art. 2.138. RULES. The Department of Public Safety may adopt rules to implement Articles 2.131-2.137. SECTION 2. Chapter 3, Code of Criminal Procedure, is amended by adding Article 3.05 to read as follows: Art. 3.05. RACIAL PROFILING. In this code, "racial profiling" means a law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. SECTION 3. Section 96.641, Education Code, is amended by adding Subsection (j) to read as follows: (j) As part of the initial training and continuing education for police chiefs required under this section, the institute shall establish a program on racial profiling. The program must include an examination of the best practices for: (1) monitoring peace officers' compliance with laws and internal agency policies relating to racial profiling; (2) implementing laws and internal agency policies relating to preventing racial profiling; and (3) analyzing and reporting collected information. SECTION 4. Section 1701.253, Occupations Code, is amended by adding Subsection (e)to read as follows: (e) As part of the minimum curriculum requirements,the commission shall establish a statewide comprehensive education and training program on racial profiling,for officers licensed under this chapter. An officer shall complete a program established under this subsection not later than the second anniversary of the date the officer is licensed under this chapter or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier. SECTION 5. Section 1701.402, Occupations Code, is amended by adding Subsection (d)to read as follows: (d) As a requirement for an intermediate proficiency certificate, an officer must complete an education and training program on racial profiling established by the commission under Section 1701.253(e). SECTION 6. Section 543.202, Transportation Code, is amended to read as follows: Sec. 543.202. FORM OF RECORD. (a) In this section, "race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, or Native American descent. (b) The record must be made on a form or by a data processing method acceptable to the department and must include: (1) the name, address, physical description, including race or ethnicity, date of birth, and driver's license number of the person charged; (2) the registration number of the vehicle involved; (3) whether the vehicle was a commercial motor vehicle as defined by Chapter 522 or was involved in transporting hazardous materials; (4) the person's social security number, if the person was operating a commercial motor vehicle or was the holder of a commercial driver's license or commercial driver learner's permit; (5) the date and nature of the offense, including whether the offense was a serious traffic violation as defined by Chapter 522; (6) whether a search of the vehicle was conducted and whether consent for the search was obtained; (7) the plea, the judgment, and whether bail was forfeited; (8) [(7)] the date of conviction; and (9) [(.8-)] the amount of the fine or forfeiture. SECTION 7. Not later than January 1, 2002, a law enforcement agency shall adopt and implement a policy and begin collecting information under the policy as required by Article 2.132, Code of Criminal Procedure, as added by this Act. A local law enforcement agency shall first submit information to the governing body of each county or municipality served by the agency as required by Article 2.132, Code of Criminal Procedure, as added by this Act, on March 1, 2003. The first submission of information shall consist of information compiled by the agency during the period beginning January 1, 2002, and ending December 31, 2002. SECTION 8. A local law enforcement agency shall first submit information to the governing body of each county or municipality served by the agency as required by Article 2.134, Code of Criminal Procedure, as added by this Act, on March I, 2004. The first submission of information shall consist of information compiled by the agency during the period beginning January 1, 2003, and ending December 31, 2003. SECTION 9. Not later than January 1, 2002: (1) the Commission on Law Enforcement Officer Standards and Education shall establish an education and training program on racial profiling as required by Subsection(e), Section 1701.253, Occupations Code, as added by this Act; and (2) the Bill Blackwood Law Enforcement Management Institute of Texas shall establish a program on racial profiling as required by Subsection(j), Section 96.641, Education Code, as added by this Act. SECTION 10. A person who on the effective date of this Act holds an intermediate proficiency certificate issued by the Commission on Law Enforcement Officer Standards and Education or has held a peace officer license issued by the Commission on Law Enforcement Officer Standards and Education for at least two years shall complete an education and training program on racial profiling established under Subsection(e), Section 1701.253, Occupations Code, as added by this Act, not later than September 1, 2003. SECTION 11. An individual appointed or elected as a police chief before the effective date of this Act shall complete a program on racial profiling established under Subsection (j), Section 96.641, Education Code, as added by this Act, not later than September 1, 2003. SECTION 12. This Act takes effect September 1, 2001. President of the Senate Speaker of the House I hereby certify that S.B. No. 1074 passed the Senate on April 4, 2001, by the following vote: Yeas 28, Nays 2; May 21, 2001, Senate refused to concur in House amendments and requested appointment of Conference Committee; May 22, 2001, House granted request of the Senate; May 24, 2001, Senate adopted Conference Committee Report by a viva-voce vote. Secretary of the Senate I hereby certify that S.B. No. 1074 passed the House, with amendments, on May 15, 2001,by a non-record vote; May 22, 2001, House granted request of the Senate for appointment of Conference Committee; May 24, 2001, House adopted Conference Committee Report by a non-record vote. Chief Clerk of the House Approved: Date Governor (II) Responding to the Law Institutional Policy on Racial Profiling Racial' Profiling Policy ,=1 Effective Date: January 1, 2002 RPOSE The purpose cdft n is to real:firm the \Vylie Police Department's commitment to unbiased policino: in all its encounters between officer and any per-;aim: [0 reinforce procedures, that serve to ensure public confidence and mutual trust through the provision of services in a fair and equitable fashion; and to protect our officers from unwarranted accusations of misconduct when they act within the (..J.J.c-tate, of department policv and the law. PO 1c1H 01 ins department tO police in a proactive manner and to ag,2TeE-;sivel\,, investigate 'suspected violations of law. Officers shall actively enforce state and federal laws in a responsible and professional manner, without regard to race, ethnicity or national origin. Officers are strictly prohibited from in a racial profiling as defined in this policy. This policy shall be am:d cable to all person„ whether drivers„ passengers or pedestrians. Officers shall conduct themselves in a dignified and respectful manner at all times Ueaiingvoen with the public. Two of the tundamental rights guaranteed by both the United States and Texas constitutions are equal protection under the law and fi-eectom from unreasonable searches and seizures by government agents. The ri,4fit of all persons to be treated equally and to be free from unreasonable searches and seizures must be respected. Racial profiling is an unacceptable patrol tactic and ill not be condonpd. This polioN,Y shall not preclude officers from offering assistance, such as upon i,-.)servinL,„ a substance leaking from a vehicle, a flat tire, or someone who appears 10 , lost or confused. Nor does this policy prohibit stopping someone suspected of a crime based upon observed actions and/or information received about the person HI, D EFINITION S Aucni P1opirn,4 A law enl:brcement-initiated action based on an individuals -race, ethnicity, OF national origin, rather than on the individuals behavior or on intern:nation identifyino the individual as havint2: enizaiczed in criminal actinv Racial protilin.,?, pertains to persons who are viewed as suspects or potential suspect of criminal behavior The term is not relevant as it pertains to witnesses, \;:ompiainants or other citizen contacts . . .,. The hii.-.).:ition E'..tgai.--1'.,:,f, f.ti1c;,.. 1 ,,Trtiy.t.'"Irlii -, does. il.,,..)I ,.-.-_.H-F,--..fi.clucrie.. the Lise cfs race. ethnicity ,...)r 11;,,-1..114...)i-i.--D. oriuin. .1s '',-..a.i.--„I(.2-is L.i-:, .ii...1 000 .010110. '3(.,....1];.'i;i.CI il -,,,A,'ikii..1.:1 11 SCd. as pail ._.2)-1-T an Det.a.inirILI. an i a...11(.. c.J.7.ni.d.t.i.c.,ti.n.L,,„1-1.; ir.,.,..1z.i.k. ,.r 7..•-riCi., I..1,III 1..-ier..:,,:on1:::„. of tila.t indiNiic.i.u.di's rac.,,,::::.. c.qhni.c.it.i,' .f...)7...-. ri'...--nio[-....I.1 f-..,rif„..0.n. -,T,';'7..a..c...ial 11,1-(7)17:1 I.1 rig i11011.1de 'but are not lilnite.di to tire fipflo,,,,,,,-ing: 1 1', ,:....,f ',..-.7-:::.--11'1-.'ic -,,,,:liere 7,7,:ic.::!----,.t. ..-:.11-.1{:-.-T..7.- On vers are spee0 mo t....ic.c...di.:,,:sc..t (-)1the cilx.;:ci :J.rivers :race.. e...thilifit-,i cp,- 1-tatic.yna I oriain. . .. ... , iiiet..-tinaiL; the 1-r,...:e:1- i.,:-..LC .a -,.„....tilil,.:. ..-: 1)D i.:4:-.J:..i.',. ,.._.-yil. ',TA:. ci..;-:::',.4.,--.=ii.--,--nra.uon t.h...',.i. ..d. pc.,,,-,..:,,....,;•,.. of 11-ta1 1.-ac.e.. el.lin_,,(:11,:i:: (-)1.. nai,....c..-.,:cia c-cri.,,.„).. 1 is 1.11:, e....1i,' to (y,..A,..-Ti specifc. rmakie (:-..0: rc..-to.f.--..7:1 Detaining . , ) Complaint Process: Informing the Public and Addressing Allegations of Racial Profiling Practices Informing the Public on the Process of Filing a Racial Profiling Complaint ►with the Wylie Police Department One of the requirements of the Texas Racial Profiling Law is that police agencies provide information to the public regarding the manner in which to file a racial profiling complaint. In an effort to comply with this particular component, the Wylie Police Department launched an educational campaign aimed at informing the public on issues relevant to the racial profiling complaint process. The police department made available, in the lobby area, information relevant to filing a complaint on a racial profiling violation by a Wylie police officer. It is believed that through these efforts, the community has been properly informed of the new policies and the complaint processes relevant to racial profiling. Racial Profiling ja ij ti 3 Report on Complaints The following table contains data regarding officers that have been the subject of a complaint, during the time period of 111105---12131105,based on allegations outlining possible violations related to the Texas Racial Profiling Law. The final disposition of the case is also included. x A check above indicates that the Wylie Police Department has not received any complaints, on any members of its police force, for having violated the Texas Racial Profiling Law during the time period of 1/1/05 ---- 12/31/05. Complaints Filed for Possible Violations of The Texas Racial Profiling Law Complaint Alleged Violation Disposition of the Case No. ........ t .. �F....�. .. ..........- ....y..:.._.-......._..__: R.. �:.t-. :C�. ..i�- r•'F'.:`:.•�L•t h .1� ..,�:.'. t� .�,.rri'.+- !� ..-,..., ......,.,. .. ..I:.: - `-5r vi'. S'. -;T�-``w�`:_����. .r+.q,r _ ITr.•. s�_=':•: .F.r:. �.�..tr. '.�.r.: r W.i.�?:.�':,t r �3'4.-. �•r--.,a - a.... ,3rx,e..u•. .��:: -. ......•.is�r-ram +`�:. �.. '.•4". .._-{'�.. J. r..�•CF..s' E:' .F...r,�..Y•� I Y�.'�l•' :zY:'.,.r.:-. .r_ ..�..:.:'... �'- -.�;.n.:::-�7:.v._...-.,r..,....i.... -.. .. �....�....r._. .-..a .1.....r _.....r......_..-.........__._•.....,-r,,_ .-...s......♦ ......... �_�.,... .r r .-+.. .4 Additional Comments: Tables Illustrating Traffic Contact Tier 1 Data (I) Tier 1 Data Traffic-Related Contact Information (1/1/05-12/31/05) Race/Ethnicity Contacts Searches Consensual PC Searches Custody * Searches Arrests :.--s.-,, ,,,,--::::-?,,_,g_r:x7:-ik[7;',.::--!.: $40•0-i.ingiiii,r0:11i6--_-:.-gil..!_midigq.iltillifki:RfAligi-•it:,,argaliaalanit,,RairsiaRkeeki:-.Xt.i tl:ii9-AtIP.M., litawit*:,',,, ''-.=-:--:,!.:':.:,..i.'.1.:iii:_,i4.:';,:'=:;.,--W,fri.iPT•::-,::/,y,i7-,.:7i,',.i,% N % N % N % N % N % Caucasian 2,259 76 23 53 19 61 4 3 3 2 8 5 0 African 25 0 8 1 2 1 3 0 0 4 7 Hispanic 444 15 19 44 11 35 8 67 23 42 Asian 3 6 1 0 0 0 0 0 0 0 0 Native 0 0 0 0 0 0 0 0 0 0 Ameri can Other 2 .06 0 0 0 0 0 0 1 1 f'...--„,k,..::::,)#$.::,:':.. ..,,;.,,ii:-:,,::'_--,-,45:,,v,..,ii:-.1,a.;5;:i;.74-4-,p?,:ofi..--:;:,‘:, .'„,,,.'1,,..4,4.t._,,ow,0;420•0331-ra ita4STAVRIAU11,1•*-i;:g -f725.tlAiii:;t*-AWRICI:TVPROjig:VOLIWkiditqWeR"R 0 g{qtalibrAts,3 tRA-414:VergaN00 Z.:40,40.410007,0us Total 2,991 100 43 100** 31 100** 12 100 56 100** "N"represents"number"of traffic-related contacts * Race/Ethnicity is defined by Senate Bill 1074 as being of a"particular descent,including Caucasian, African,Hispanic,Asian, or Native American". **Figure has been rounded Tier 1 Data (Traffic Contacts) 80- 70 , , 60-'-i: '', ,. . ',. 50-'� , , ,:. , (Percent) 40-'j 30 ii.:. . ,_ !:. 20 i'..: 10 �� -0 ..L -7 r -)-'"'T--I t' j �° ,:frte � 4o m ■ Traffic `� " 4w a ��Q Q � O Contacts � y� �V 0 4.! t7Y 4 ' (Origin) Tier I Data (Searches) 25 • ZOO " ' H , 15� (Prep.) 5- 0 MIL 'Dye y`<�V qO� V TC` ea, U Searches `D DConsent (Origin) • PC Tier 1 Data (Arrests) 50-:,----- - : -, 45- 4O- 35- 30 - . : i ! (Percent) -'j - 1 20.-/1 15- 5-H-i! ..... 0 ,,, 7_, .„7., ,.-i--,d.--1,,,,,..7.-_..r.-. me.44% a'� � m� a'� �� .... 0 % 0 * ) eb' 0 •% %,,, tZr i, 41 girr & 0 C.) 41;ifir Um � Q. ■ Arrests (Origin) Tier 1 Baseline Comparison (Fair Roads Standard) (II) Traffic-Contacts and Fair Roads Standard Comparison Comparison of traffic-related contacts with households in Wylie that have vehicle access (in percentages). (1/1/05-12/31/05) Race/Ethnicity* Traffic-Contacts Households (in percentages) with Vehicle Access (in percent ages) es - -_y::ir.• -'=)-s .-C:r:',:'�_•^�irYy.::::i=:G.` .;.5 :��i•.'i:,.''.`'�:.': - r•'"y:' - �. jai.:�:L-�.`.�:.._.. ,c:: x..-.. _-, -.... .-. --- - - •�.-�.... $� "tea:�+"^.err. =z'>i!,r��=:�,•fti,,^ Caucasian 76 S9 African g 2 Hispanic 15 7 Asian 1 .39 Native American 0 .96 Other .06 N/A .. s... c ... -r .....-.. ----,..F.•.i..:1�1 ..ice. .:�- r ..-._ R .....�,�.. .-....,r-.•, ...-.-.r..•:--...._-,,.. - ..tom- :Ff- ;i`�:.�:� ;:rdr•• ,j,::.,�t.ry-"y r• - - -,t' :=fir. t.._.._._ ,={__...:.: _ �'r'r�'•. ..._.-..rw_ ._ ::S.-. .. a..Y..-- .. r. ,. r Y.:..s._r ~:J:X�,s:.-7.�'� -.'Ei_::�.r•.� _ _ - '�l�•��:*-•••-"._f.. - .•n r.„�_ r�..�- r:• .'tom �':k'.r -�c:',.=`: .-3.,.. - ��� -,�• •r._ :'s:: - ,:�:°._ •� ';� ,�.�..•-. *ice `_"r,• _ _ `1�'. �i`: - ..fir..-,%s`•. --s. -..:i'�.�r,,,_ .7 - - - .x.-' .s - ..c• ;r ,,k•ate. `� .s.. r'.=s _ _�=�. •}�•a;_;"r-..•��...:sue �,� �-f• 'w:.r .�x•= - _;- - `i��-;�..., .yr.-•:�::�:-:- -r_�. 4•-;.- x-a_„,. :s: r-.r.•�•' .c2- �t4� ,3•:r t•.f - ,a.:.. _ .��'=�.' _ _o-__,tom... � •r��..• .,r•.:,•_...v ,:max- _-s.'•z'is F�r•+1.n-:•.-y:,.x w_ �',-TF...rt�.:�•�::t. .y., i.y;:".i`--., - '�r ..E:� i s�.�.. _ i.xr.-%'.:i J - Tll,r.:r_r.^• r..�',�'-Y= _ ,VE-.••'•. u F� i µ �l. Ya , _ -...�....r - ��...... .r.i•. pia'...: - ,r].�A',+.�-.-j'.. r:"f -!k;:.��r-[. .�Total 100 99.35*** * Race/Ethnicity are defined by Senate Bill 1074 as being of a"particular descent,including Caucasian, African,Hispanic,Asian,or Native American". **Represents rounded figure ***Amount does not total 100%since Census data does provide value of"other"category. Tier 1 (Traffic-Contacts and Households/05) 90---i :-„*:::, : - - 7 : ii 80-' ,. . , . 70- 60 ,:' , : : :. ,.: . : :: : : :. . . , 50-': ' : i (Percent) 40-1k 30 : :•:. H. : : : .: . . : ' . 1 . . i,. 20- : ::: :::H: ::: . i : - - . .1 10--'.:: •,,: ::m :,, : H .:. :.1 0 - '-.'- l''''Mar Taal'im.'irr-y' , J " Ji I ‘v iriq vr e‘, O tb, T4•'j 0 A0 ITraffic- Contacts • Households (Origin) ' . Tier 1 Data (Four-Year Comparative Analysis) (2002-2005) (III) Four-Year Tier 1 Data Comparison Percentage Comparison of Four-Year Traffic-Related Contacts (1/1/02---12/31/05) Race/Ethnicity* Traffic-Related Contacts (Percentages) (02) 03) (04) ( r � ! .-. .. ':�••�..�.r:i.•-:'.-:ems..' �•i_' �=%'• _ __ _ ='�-i:'-:,i.:-::..: C-' I ._4r.,. :•�•.. •r.� `rat - - �-.��� r+..... - r'ia� -=�2•' �.. *.-.. - ir....• -- z•n>•_ .atk.C-"w1.c'.. i rY7•is.:T I. -.�i..'y3.. .. - .k t'�::k::-C}'.•-•..,.,:_::.�:.,...�:�::,..is - __ _.t.� -"�'"k'••:'H�i f. rL^r -L...: •`i..-::a'.,..-..::.:^,....,::...r..., r•:.:. -.._.,..-. _.. _ i•._-.:<:-� all .r •'S a�?-' 1 'irl:•�`r---Fr•:...... .....,.V,...,-...[..,...,..�..J...•..i_,c-.-..:.r .�- .:r:r ..:xr-'+,.«-=�. - �i�' -=a'. - �rd+,v. _ _ �•'r. H.-7._F t..?3.r w �--•:�.. a ...- ";` - -- - r •na•: Caucasian 80 74 75 76 African 3 4 6 8 Hispanic 16 21 18 15 Asian .47 1 1 1 Native .46 0 0 0 American Other .30 0 .24 .06 .-....... . ram.. ........... r,Ta-;.:,�.�• `ice- e-__.. �ram,., _ '}.:' ..`7:.•...��•' - .ice' �� ...`�..... 1 r :.,ah-..'.=r:x.�'.I-+.. ._.J4v{•:ryr:..�::��� •'a: :�'s';'.";� ,.J.. ..b.. .�:�r-, - �'�r�...,ten •,�li::l,�. ..t ��.>< _r. :���_:YE•'-..,,�'R''.'�� ..-,fit:_, �•. .r.-. '�'iF;<_ _=�:t.s, - - - - �nt=•• -xla=_1_. :zn •v,`.. r•. .Li.. - - �.� .,a..- �--�s�:-�'•`:- _stir......�.'� .6..a.. _�..S.:Jr'•I^a++.'�_.'���•�- 1 •�,.•7� ilk. Total 100** 100 100** 100 * Race/Ethnicity is defined by Senate Bill 1074 as being of a"particular descent, including Caucasian, African,Hispanic,Asian,or Native American". ** Figure has been rounded. Tier I Data (Traffic-Contacts 02-05) 80--L. ' - '-. : ' i ---7 -: -. -- ----------- - -7--------7 ' ., 1 - . - , . , ,, . . . , 70 F - .-il j. : .':--,'. 60- 50- (Percent) : " . . , : : 1 1 : :, : . - , 40- 30 [: H.'„ -i, ' i: H. _,:: : '� �'' 20 'i `E_ ,... ,-: _. , . I 0 :: .. ',. . 1.1, � 11!;:., .'; '.- : '0 ' > . , : : { > I Nr -,.ter---,�-r 0C.) -C co sr: fp co .. ea 4. cl. 04t at 0 C.) .4r .0 = E co X gcr 0 0 • Contacts02 4-ct, • Contacts 03 Z EContacts04 (Origin) El Contacts 05 Percentage Comparison of Four-Year Traffic-Related Searches (1I1/02---12/31/05) Race/Ethnicity* Traffic-Related Searches (Percentages) (02) (03) (04) 'u�'>�:'•°i- __ - - - gib'- - .1=!•:.:�:: _f•. _ - _ - -��`�.=5+';�ix� T_k` - rie��iy�'�•' :a•:,�..�.:=.;.r•.- .s. Fr'i::i::-.,{;,-...ra?- r."r-..F-..�,. _ - "Ire,. - y. -,.s-. s. ..r,r•'-.�.._. :iy�:..;;:.-. :5•....._�. -+.-�C`= „L•- -.�.W.,F'.- r-t. ,ram ��,a � ,� _ _ ram., _ =..4~ ii ..e?:Y,ti�� GeV-'�rx2..h_�•--'. .a�^••w =R.-�- ] - :.T-r-' - r,c - - �. .rred�• ,.::,. :.,ter_,...:.-:... ,.,. ,-_-:• - F:a='�w.� Caucasian 79 64 59 53 African 3 1 8 2 Hispanic 18 34 31 44 Asian 0 .6 0 0 Native 0 0 0 0 American other 0 0 2 0 •fr.•--r. _�.. ��..'r.,:��tom•. ..f- Y,... -..� _ __.. .. .�...,x�,..._+,.r•..:.�•..•.. �._ ,''S T{,.. }$rY} .w�•:-..�-•.....;-. - .. ... �Tr::t�"�" .�.� t. -.�.-=,.ter a-�• .'i�"+-ti �F {{ � :fig.- x�'. - _ - �.1�:,:��. - {4l.:.:�•w:-.:i''' - {.:a �si:.�t,.n� .: 'Y_. �•S "`.r .�'.. �n .1>I 7 �Y.. _f-� 1 - .�',E .-..?C'-�'•=''ak .'Y �a:�a-i r'! �•f'-r M rr---f....P�'���,( -�- rr:��---r�,.:• -�v. -�_ �-, .f� •r_' �. : -: - .'..3.-••„r:..�1:::;r_i'.•'`,..:.-:..t..r:rz�-i_ �,LNe.:f-_.-0�.:`2 Y ]. - "t y-- �:lR' VG. n.Y:Xsr+R i'L�.: ..U-::.. �u ST't. �-.Z._.�r-' - �.....ter•aYvs=w:�r. �.,.y;,. _ r�`-:;,;� _ �, �.r1:. ..1:,'..>�-r":�c Total 100 100** 100 100 * Race/Ethnicity is defined by Senate Bill 1074 as being of a"particular descent,including Caucasian, African, Hispanic,Asian,or Native American". ** Figure has been rounded. Tier 1 Data (Searches 02-05) 80- -- 70- 60- 50- (Percent) 40 ' 30 20- 10 0 ca CD 3 � y a (a) o � a = a co (Origin) Z • Searches (02) lSearches (03) • Searches (04) LlSearches (05) Percentage Comparison of Four-Year Traffic-Related Arrests (1/1/02---12/3'I/05) Race/Ethnicity* Traffic-Related Arrests (Percentages) f ,.rr: - -4E, F r _..--�.,Y'.�r�.,z -_ (03) (04) ..tea._.......•.,'!;:_:....y-;- .. , ....-_.- �.�.....xrw.c......-._.._._.��-_-?,ci•:r.r h.i}�:.�.:,.._::ti - - - _ -::{-i.:,'_:.:.:�_.: - -- -- - :r..G.�,._r..,.�. - gip:.:,' ;` r,,+r.• [' - - - - - ''a::>;= _- - �r:air.. - �C' €"r, - '=[::�.1. i"F''._--.: :1..• Sir.. •+4. ^.4:� -:'g 1`-" :Td:'r'xa .t..aE�9. _ .,:�.`-�[F�:.:�?ems.. !.. �.t: ••��� r=•� h:r; - .r _ram .,,'�";:�, as__.... �:a:��.�c' .�,s��,... r:�., .�:.. _ - ?t1: �:.p_•.... «'is'. .r�::-, §,. a• :ear�}..�.4•r3 - - -:f.s'-.-c ['fir�:-: - c-"-r' -.e:�::isi:-t_.N , ... .. ..... ...... ..._. . - ..... - ..�!n.y•r ;v:".' "ar..Wit'*:. Rom-: r�: .'7: eg Caucasian 77 43 57 50 African 3 1 4 7 Hispanic 19 54 38 42 Asian 0 2 0 0 Native 0 0 0 0 American Other 0 0 1 1 , ............. . ... .., . . _ • .............n-,. -., - .. ..,.... .. - [. .s'..a. !ti is �.. . 1 ... .. . ... ._. _ •,�- �.-... [... ..... r.�.. :[..�..._... .� d,. - - r:.T'�: rya• _ 9r. s Yei. ..� ..'-"13'S': .wq.r.-�: ...'si=::•.. :fir.'--':` - .r5.$''34.0- ii'. k .y ',r.r.._-, •3. -.�.-''. r..• - �i - -=;� - wr+7�:-._•.. �� to - �a#.._. �. --�=�- `fir. .�,�,;;,;, - i Lr r�' ._.. +;Y -of=- '4.r�'.�+� =�•..'-f•�•- - .� y i.�::.,.�... _ram. .f' st=,.r •.,�,3�s .� y� .� =•I. . ,) .1.�,^ -'ti. -- .. .r.._..... ... ..,. .t __ - �t* �� :fir�r,•.F-^- .:�-.:.�-cam. Total 100** 100 100 �._. 100 * Race/Ethnicity is defined by Senate Bill 1074 as being of a"particular descent, including Caucasian, African,Hispanic,Asian,or Native American". ** Figure has been rounded. Tier 1 Data (Arrests 02 , ,_ . & - , „_:,,r4_, , ,„.„,._,, „„„. 80- 7O- 60 - ,, ,...,,,,. , ;:„.„,v, .,.„, , ,., ,,,,,,:.,., ... , ,01.! r . , 50...„,„,_, ,,,, .• • ! ! ,.:‘, ,, . : i , ,, t ,, , , , ,_ (Percent) 40 -a_...„, , . ..=,,,. ; fix; 30 -, , „ ,„. ,: . , , . , , 20 -- 10- 0 ,. r, v. ., 4.. ,.._i, , , -I. i4.,,,.., • :, nir ,r ;; . r I I I r ,,,....C. ,g* 0 4C. Si ,,.s. ,ur ■ fur ,v,) ,,,._. ,%. vii- ....**■'‘I ze) 0 .s. ,,ur .full"Au' .....** .s. email* (444Np N- ,4. k...) z..; p.m; ,%.7 N- ...... a._gur _N.."'■-# '4c %../ X ,0 f. t Arrests (02 4,47 M• Arrests (03) El Arrests (04 (Origin) U Arrests (05 Analysis and Interpretation of Data Analysis In 2001, the Texas Legislature passed Senate Bill 1074 which later became the Texas Racial Profiling Law. This particular law, which became effective January I, 2002, requires that all police departments in the state collect traffic-related data and report this information to their local governing authority by March 1st of each year. The purpose in collecting and presenting this information is to determine if a police officer is engaging in the practice of profiling minority motorists. As it is the case in other states with similar laws, the racial profiling law in Texas requires the interpretation of traffic data. Although most researchers would probably agree with the fact that it is a good idea for police departments to be accountable to the citizenry while carrying a transparent image before the community, it is very difficult to determine if police departments are engaging in racial profiling, from a review of aggregate data. That is, it is challenging to identify specific "individual" racist behavior from aggregate-level "institutional"data on traffic-related contacts. Despite this, the Wylie Police Department, in an effort to comply with The Texas Racial Profiling Law(S.B. 1074), commissioned the analysis of its 2005 traffic contact data. Thus, three different types of analyses were conducted. The first of these involved a careful evaluation of the 2005 traffic stop data. This particular analysis measured, as required by S.B. 1074, the number and percentage of Caucasians, African Americans, Hispanics, Asians,Native Americans, and individuals belonging to the "other" category, that came in contact with the police and were issued a citation or arrested after an initial traffic-related contact, in 2005. In addition, the analysis included information relevant to the number and percentage of searches (table 1) while indicating the type of search performed (i.e., consensual or probable cause). Finally, the data analysis highlighted the number and percentage of individuals who, after they came in contact with the police for a traffic-related reason, were arrested. The second type of analysis was based on a comparison of the 2005 traffic- contact data with a particular baseline. When reviewing this particular analysis, one should keep in mind that there is a great deal of disagreement, in the academic literature, regarding the type/form of baseline to be used when analyzing traffic-related contact information. Of all the baseline measures available,the Wylie Police Department decided to adopt, as a baseline measure, the Fair Roads Standard. This particular baseline is based on data obtained through the U.S. Census Bureau(2000) relevant to the number of households that have access to vehicles while controlling for the race and ethnicity of the heads of households. It is clear that census data presents challenges to any effort made at establishing a fair and accurate racial profiling analysis. That is, census data contains information on all residents of a particular community, regardless of the fact they may or may not be among the driving population. Further, census data,when used as a baseline of comparison, presents the challenge that it captures information related to city residents only. Thus, excluding individuals who may have come in contact with the Wylie Police Department in 2005 but live outside city limits. In some cases, the percentage of the population that come in contact with the police but live outside city limits may range from 60 to 90 percent of all contacts. Despite this, several civil rights organizations in Texas have expressed their desire and made recommendations that all police departments use, in their analysis,the Fair Roads Standard. This contains census data specific to the number of"households"that have access to vehicles. Thus, proposing to compare"households" (which may have multiple residents and only a few vehicles)with"contacts" (an individual-based count). This, in essence, constitutes a comparison that may result in ecological fallacy. Despite this, the Wylie Police Department made a decision that it would use this form of comparison(i.e., census data relevant to households with vehicles) in an attempt to demonstrate its "good will" and "transparency"before the community. Thus,the Fair Roads Standard data obtained and used in this study is specifically relevant to Wylie. The final analysis was conducted while using the 2002, 2003, 2004 and 2005 traffic contact data. Specifically, all traffic-related contacts made in 2005 were compared to similar figures reported in 2002, 2003 and 2004. Although most researchers do not support the notion that in four years, a"significant"trend can take place, when considering this analysis, it was determined that comparing four years of traffic contact data may highlight possible areas of consistency with regards to traffic-related contacts. That is, the four-year comparison has the potential of revealing early indicators that a possible trend of traffic-based contacts with regards to members of a specific minority group, may in fact, develop. Tier I (2005) Traffic-Related Contact Analysis The Tier 1 data collected in 2005 showed that most traffic-related contacts were made with Caucasian drivers. This was followed by Hispanic and African American drivers. With respect to searches, most of them were performed on Caucasian drivers. This was followed by Hispanics and African Americans. It is important to note that the arrest data revealed that Caucasian drivers were arrested the most in traffic-related contacts; this was followed by Hispanics and African Americans, in that order. In addition, no arrests were made, in traffic related incidents, of drivers of"Asian"and "Native American" descent. Fair Roads Standard Analysis When comparing traffic contacts to the census data relevant to the number of "households" in Wylie who indicated, in the 2000 census,that they had access to vehicles, the analysis produced interesting findings. That is, the percentage of individuals of"Caucasian" and "Native American" descent who came in contact with the police was lower than the percentage of Caucasian and Native American households in Wylie that claimed, in the 2000 census, to have access to vehicles. With respect to African American, Hispanic and Asian drivers, a higher percentage of contacts were detected. That is, the percentage of African American,Hispanic and Asian drivers that came in contact with the police in 2005 was higher than the percentage of African American, Hispanic and Asian households in Wylie with access to vehicles. It should be noted that the percentage difference of Asian contacts with Asian households with access to vehicles was of less than 1%; thus deemed by some as not being statistically significant. Four-Year Comparison The four-year comparison (02-05) showed remarkable similarities with respect to the traffic-related contacts. As evident in table 3,the percentage of drivers(from different racial/ethnic groups) that came in contact with the Wylie Police in 2005 was almost identical to the percentage of drivers, from the same racial/ethnic groups that came in contact with the Wylie Police Department in 2004, 2003 and 2002. There has been, however, a slight increase in percentage of contacts relevant to Caucasian and African American drivers. The search figures for all four years showed similar patterns. However, an increase in 2005 was detected regarding the percentage of Hispanic searches. A percentage decrease in searches was observed regarding Caucasians and African Americans. When considering the arrests made,the data revealed that the percentage of arrests increased among African Americans and Hispanics while a decrease was evident among Caucasians. Summary of Findings As it is evident from the data reviewed,the Fair Roads Standard comparison showed that the Wylie Police Department came in contact (in traffic-related incidents) with a smaller percentage of Caucasian and Native American drivers than the percentage that resided in Wylie and had access to vehicles. Further, the data suggested that the percentage of African American, Hispanic and Asian drivers that came in contact with the police in 2005 was higher than the percentage of African American, Hispanic and Asian Wylie households with access to vehicles. When reviewing the four-year traffic contact data comparison,the findings suggested that the Wylie Police Department has been, for the most part, consistent in the racial/ethnic composition of motorists it comes in contact with during a given year. The consistency of contacts for the past 4 years is in place despite the fact the city demographics are expected to have changed,thus, increasing the number of subjects likely to come in contact with the police. Overall, it is recommended that the Wylie Police Department collect additional traffic-contact data(i.e., reason for PC searches, contraband detected) which may prove to be useful when determining, in subsequent reports, the nature of the traffic contacts police officers are making with all individuals,particularly with African American, Hispanic and Asian drivers. Although this additional data may not be required by state law, it is likely to provide insights regarding the nature and outcome of all traffic contacts made with the public. As part of this effort,the Wylie Police Department is also encouraged to consider the utility of performing an independent search analysis on the search data collected in 2005. Further, it is strongly encouraged that the Department commissions a data audit in order to assess data integrity; that is, to ensure that the data collected is consistent with the data being reported. It is clear that the Wylie Police Department continues to address the issue of racial profiling in a serious manner. The information provided in this report serves as evidence that the Wylie Police Department has, once again, complied with the Texas Racial Profiling Law. (III) Summary Checklist Checklist The following requirements were met by the Wylie Police Department in accordance with The Texas Racial Profiling Law: • Clearly defined act of actions that constitute racial profiling • Statement indicating prohibition of any peace officer employed by the Wylie Police Department from engaging in racial profiling • Implement a process by which an individual may file a complaint regarding racial profiling violations • Provide public education related to the complaint process NI Implement disciplinary guidelines for officer found in violation of the Texas Racial Profiling Law Z Collect data(Tier 1) that includes information on a) Race and ethnicity of individual detained b) Whether a search was conducted c) If there was a search, whether it was a consent search or a probable cause search d) Whether a custody arrest took place • Produce an annual report on police contacts (Tier 1) and present this to local governing body by March 1, 2006. • Adopt a policy, if video/audio equipment is installed, on standards for reviewing video and audio documentation Contact Information Contact Information For additional questions regarding the information presented in this report, please contact: Del Carmen Consulting, LLC 3018 St. Amanda Drive Mansfield, Texas 76063 817.681.7840 www.texasracialprofiling,.com Disclaimer: The author of this report, Alejandro del Carmen/del Carmen Consulting, LLC, is not liable for any omissions or errors committed in the acquisition, analysis, or creation of this report. Further, Dr. del Carmen/del Carmen Consulting is not responsible for the inappropriate use and distribution of information contained in this report. Further, no liability shall be incurred as a result of any harm that may be caused to individuals and/or organizations as a result of the information contained in this report. MINUTES Wylie City Council Tuesday, January 10, 2006— 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North CALL TO ORDER Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tem Eric Hogue, Councilwoman Reta Allen, Councilman Rick White, Councilman Carter Porter, Councilman Earl Newsom, and Councilman Merrill Young. Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; City Engineer, Chris Hoisted; Finance Director, Larry Williamson; Public Services Director, Mike Sferra; Library Director, Rachael Orozco; Public Information Officer, Mark Witter, City Secretary, Carole Ehrlich and various support staff INVOCATION & PLEDGE OF ALLEGIANCE Mayor Pro Tem Hogue gave the invocation and Councilman Young led the Pledge of Allegiance. CITIZENS PARTICIPATION There was no one present to address Council. 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. Approval of the Minutes from the December 6, 2005 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider and act upon approval of Resolution No. 2006-01(R) establishing a public newspaper of general circulation to be the official newspaper for the City of Wylie. (C. Ehrlich, City Secretary) C. Consider and act upon approval of Change Order No. 2, and No. 3 to Site Concrete, Inc. in the amount of $15,847.00 for the removal of debris and tires from the job site and for the revised connection for Alanis Drive to SH 78. (C. Hoisted, City Engineer) D. Consider and act upon Change Order No. 20 to Site Concrete in the amount of$46,850.73 for the construction of a retaining wall along SH 78 from Sta. 591+60 to Sta.595+20. (C. Hoisted, City Engineer) E. Consider and act upon approval of a Preliminary Plat for Greenway — 78 Addition, generally located south of F.M. 544 and west of S.H. 78 (Tracts 43, 42 & 4). (M. Manson, Assistant City Manager) F. Consider and act upon approval of a Preliminary Plat for Wylie Independent School District, Wylie High School #2, generally located north of Brown Street and west of Bennett Road. (M. Manson, Assistant City Manager) Minutes—January 10,2006 Wylie City Council Page 1 G. Consider and act upon approval of a Final Plat for Woodbridge Addition Phase 12. Subject property being generally located northeast of Woodbridge Phase 9 at the intersection of Lost Highlands Lane and Highland Meadows Drive. (M.Manson,Assistant City Manager) Council Action Councilman Young asked that Items C, D, and F be removed from the Consent Agenda and considered individually. Consensus of Council was to remove these items from the Consent Agenda and consider individually. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman White, to approve Items A, B, E, and G of the Consent Agenda as presented. A vote was taken and passed 7-0. ITEMS FOR INDIVIDUAL CONSIDERATION AND ACTION C. Consider and act upon approval of Change Order No. 2, and No. 3 to Site Concrete, Inc. in the amount of $15,847.00 for the removal of debris and tires from the job site and for the revised connection for Alanis Drive to SH 78. (C. Holsted, City Engineer) Council Discussion Councilman Young asked if there was a better way of including items in the original job quote to eliminate what seems to be overruns. Mayor Mondy stated that this was a three million dollar job and the overruns were less than 1%. Councilman Young stated that if the City was doing their due diligence regarding the planning, could there be a way of eliminating those overruns. City Engineer Holsted stated that with a job of this scope,there are usually a few overruns. He explained that the company was only paid for work performed and thereby not having to add the additional unplanned costs on the front end. He explained that with Alanis, in Item#C,the construction phase took in a portion of the landfill thereby causing the removal of tires and debris not anticipated in that area of the landfill. In Item#D, after the construction, there was a retaining wall required that was not anticipated in the original plans. The plans for the expansion of Highway 78 were completed before Wal Mart was constructed, thereby causing the need for the retaining wall. Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tem Hogue to approve Change Order No. 2, and No. 3 to Site Concrete, Inc. in the amount of$15,847.00 for the removal of debris and tires from the job site and for the revised connection for Alanis Drive to SH 78. A vote was taken and passed 7-0. D. Consider and act upon Change Order No. 20 to Site Concrete in the amount of$46,850.73 for the construction of a retaining wall along SH 78 from Sta. 591+60 to Sta.595+20. (C. Holsted, City Engineer) Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tem Hogue to approve a Change Order No. 20 to Site Concrete in the amount of$46,850.73 for the construction of a retaining wall along SH 78 from Sta. 591+60 to Sta.595+20. A vote was taken and passed 7-0. F. Consider and act upon approval of a Preliminary Plat for Wylie Independent School District, Wylie High School #2, generally located north of Brown Street and west of Bennett Road. (M. Manson, Assistant City Manager) Minutes—January 10,2006 Wylie City Council Page 2 Council Discussion Councilman Young stated that he felt he needed to abstain from any action on this item regarding the Wylie High School#2 Preliminary Plat due to his employment with the Wylie School District. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Newsom to approve a Preliminary Plat for Wylie Independent School District, Wylie High School #2 generally located north of Brown Street and west of Bennett Road. A vote was taken and passed 6-0-1 with Mayor Mondy, Mayor Pro Tem Hogue, Councilwoman Allen, Councilman Porter, Councilman White and Councilman Newsom voting for and none against with Councilman Young abstaining. Tabled Item from 12-6-05 Motion to remove from table and: Council Action A motion was made by Councilman Young to remove Zoning Case 2005-19 from the table for consideration. Consensus of Council was to remove from the table and consider. 1. Continue a Public Hearing and consider and act upon Ordinance No. 2006-01 approving a change in zoning from Agriculture (A) to Planned Development (PD) District for mixed uses, including retail and residential of varied densities. ZC 2005-19. (M. Manson,Assistant City Manager) Staff Comments Assistant City Manager and Interim Planning Director Manson addressed Council stating that the subject property is located south of FM 544 and west of Regency Business Park Addition. The property totals 186.56 acres and is divided into three (3) parcels by the rights-of-way and easements of major utility transmission uses. Tract 1 is 61.746 acres in size,Tract 2 is 68.995 acres,and Tract 3 is 55.820 acres in size. The property is traversed in an east-west direction by an undevelopable 150 feet wide right-of-way of a major electric power transmission line (approximately 9 acres). The request proposes to divide the property into three major use areas. The purpose of this Planned Development District is intended to provide for the mixing and combining of uses allowed in existing districts and uses in which there is a nonexistent district in the City of Wylie with appropriate land use regulations and development standards. Each permitted use is planned, developed or operated as an integral land use unit while providing flexibility in the use and design of land and buildings where modification of specific provisions of this ordinance is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the neighborhood. The flexibility provided in the detailed provisions outlined in this Planned Development District allow for additional expansion of the creative and innovative concepts defined in the Nonresidential District Regulations, as herein amended of the existing zoning ordinance to be compatible with the creation of a Retirement Housing District. The combination of the allowable uses within the existing districts and the additional allowable uses established herein provides for the enhancement and implementation of the City's vision of the Comprehensive Plan for the development of a large parcel of land. The use of existing creative development goals and objectives contained within the Nonresidential District, combined with the additional flexibility provided by the use of selective enhancements allowed by the use of a Planned Development District, combined with the addition of a Retirement Housing District, provide for a unique and creative master planned development which is of general benefit to the City as a whole. She explained that the purposed uses would be as follows: Tract 1 shall be developed in accordance with the standards defined in Corridor Commercial District (CC). Tract 2 may be developed in accordance with the standards defined in Retirement Housing District(RH), Corridor Commercial District(CC)or Business Center(BC). Tract 3 may be developed in accordance with Corridor Commercial District(CC)or Business Center (BC). Minutes—January 10,2006 Wylie City Council Page 3 Councilman Young asked Ms.Manson if there was a restriction on heights of buildings specifically the request for a four story building for the retirement complex. Ms. Manson replied that the height was in the summary as a four story building but was also included in the description within the ordinance for the Planned Development District. If approved as such it would be permitted. Mayor Mondy then asked if the developer was prepared to fund all the ladders for the fourth story as the Fire Department's equipment is designed for three story buildings. Ms. Manson stated that the developer would be required to follow Wylie Fire Codes. Assistant Chief Flores addressed Council stating that there were other fire fighting methods used in addition to the ladders and he saw no problem fighting a fire in four story buildings. Mayor Pro Tem Hogue asked if the Retirement Housing was true retirement housing. Ms. Manson stated that it was and a deed restriction for over 55 years of age would be part of the PD and enforceable. Developer Comments Mr.Don Herzog,residing at 9696 Skillman,Dallas,Texas and applicant addressed Council stating that he was present to request Council's consideration regarding the 186.56 tract of land for the three uses previously mentioned. He stated that this tract will become part of the Woodbridge Development and would be developed to that high standard. Mr. Herzog felt this Planned Development would make a very significant statement at the FM 544 entrance to the City of Wylie. He explained that there were both opportunities and challenges to the land. The land is divided into two parcels by a 150 ft. wide transmission right of way through the width of the property. There is also a NTMWD easement through the property. The property is bound on the north by FM 544 and on the east by the Regency Business Center and properties zoned for Townhouse Development as part of Woodbridge. The south property line is the boundary between Wylie and Sachse and south of that line is a closed landfill,owned by NTMWD and proposed to be established as a park. The west property line north of the transmission line is the boundary between the City of Murphy and Wylie. Property in this area is residential. He explained that a portion of Tract 1 would be commercial including restaurants, theatre, and office/retail shopping, facing FM 544. Also included will be a Welcome to Wylie sign at the entrance of the City. He explained that Tract 2 would be retirement housing and assisted living facilities; Tract 3 would provide a sports center including indoor and outdoor lighted playing fields, parking, housing, and gyms. This facility would be developed by a faith based organization (NFC Sports-Nuevo Frontier Christian Sports) and will include a church site. Mayor Mondy asked if this was the best use for the commercial property with the possibility of not for profit use versus industrial use with tax revenue. Mr. Herzog stated that the City would have an income producing property with the Sports Center which was a for profit business,years before any industrial property would generate tax income. Mr. Ramirez residing at 432 Parkside Court,Murphy, Texas, developer of the proposed Sports Center stated that he was a for profit organization that would fund the project. He explained that this Sports Center would teach children chore values and give the children a place to play sports. He explained that he had other companies that would fund this project and hire people with experience in this field to manage the complex. Mayor Mondy commented that he did not want to see a business come into Wylie and fall behind leaving the project partially completed. City Manager Roath stated that the City had the developer's commitment that this project in one design or another would be completed. Mr. Ramirez stated that a committee would be formed from members of Murphy, Sachse, and Wylie along with experts in the field. Mr. Ramirez explained that Mr. Scott Albert would be the manager of the proposed facility and Mr. Ramirez would provide the financial backing. He explained that the Sports facility would be built all at one time and not pieced out in phases. Councilman Newsom asked if the area provided for the church site had a church designated for that site and if the land would be donated to the church. Mr. Ramirez stated that the church he attended would be relocating to this site and the land was being donated to the church for their site only. Mr. Herzog explained that if for some reason the backing for the sports center fell through before construction,the remaining tracts would be developed as described and the tract 2 land would be used for some other purpose within the zoning regulations. Mayor Pro Tem Hogue asked why this was called faith based. Mr.Ramirez explained that the principals used would be Christian based but non church based to teach children Christian values. Mayor Mondy asked Mr. Herzog if for some reason this Christian based sports center did not come to fruition, if he could put a product on that property with open fields and parking already in place that would make sense. Mr. Herzog stated that he placed this in the PD and until it was funded it would not be constructed. He also stated that if marketed properly,the property could be used for other purposes. Scott Albert residing at 300 Harvest Bend, Wylie Texas addressed Council stating that he was owner of a sports area behind Western Auto, Wylie, Texas of about 2 acres. He explained that he would be managing the proposed Sports Complex and would manage all sports incorporated in the proposed complex. He explained that he was managing this type of facility now (Inner Play, Wylie, Texas) and would be expanding to all sports with the new proposed facilities. Mr. Albert commented that he had the backing from outlying city sports organizations to come in for tournaments and usage of practice fields. He explained that the organization wanted to come up with a fee schedule that was more cost effective to the organizations using advertising and other revenue sources to compensate for lower fees to players. Minutes—January 10,2006 Wylie City Council Page 4 Floyd Duesler, Senior Housing Developer for Zerga Development, 609 Harvest Dr. McKinney Texas 75070 addressed council stating that there was an ongoing project similar to this proposed project under construction in Allen, Texas. He explained that there would be another planned in Frisco. He stated that he and his company felt Wylie was a very good city to develop this type of housing. Mayor Mondy asked Mr. Duesler if this was private enterprise funding. Mr. Duesler replied that it was. Mayor Pro Tem Hogue asked how quickly the Allen facility was filling up. Mr. Duesler stated that it was filling up on a steady basis. Photos of completed facilities within the metroplex were viewed by Council. Mr. Duesler explained that there would be between 200 and 220 units in the retirement housing and at a later date an assisted living facility would be added. Councilman Newsom asked if the"Private Club"portion of the planning could be removed. Mr. Duesler stated that this could be removed. Councilman Newsom had some concern with the percentage of masonry. Mr. Duesler stated he would tie down the building components at the detailed site plan phase of the planning. He explained that 40% of the Allen facility was stone. Councilman Newsom asked if these units were for sale or lease. Mr.Duesler replied that they would be for lease. Public Hearing Mayor Mondy opened the Public Hearing at 7:35 p.m. No one was present to address Council Mayor Mondy closed the Public Hearing at 7:35 p.m. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Newsom to approve Ordinance No. 2006-01 approving a change in zoning from Agriculture (A)to Planned Development (PD) District for mixed uses, including retail and residential of varied densities. ZC 2005-19. A vote was taken and passed 7-0. Mayor Mondy called for a 10 minute recess Mayor Mondy reconvened the meeting at 7:45 p.m. Tabled Item from 11-14-05 Motion to remove from table and: Council Action A motion was made by Mayor Pro Tem Hogue to remove Ordinance 2005-58, Revisions to the Comprehensive Zoning Ordinance from the table for consideration. Consensus of Council was to remove from the table and consider. 2. Continue a Public Hearing and act upon Ordinance No. 2005-58 approving certain revisions to the residential and nonresidential development requirements of the Zoning Ordinance. (M. Manson, Assistant City Manager) Staff Comments Assistant City Manager and Interim Planning Director Manson addressed Council stating that Planning and Zoning Commission will consider Article 5 at its January 3rd meeting. Articles 3, 4 and 5 should be considered as a complete package. However,because publication and notification of the requested amendments to the Zoning Ordinance has been completed in accordance with State Law, some action is required by the Council at the current meeting. The Council should convene the hearing and allow any citizen comment, and then table the item and continue the Public Hearing at the January 24th meeting to allow Articles 3,4&5 to be considered as a complete package. Public Hearing Mayor Mondy continued the Public Hearing at 7:45 p.m. There was no one present to address Council. Minutes—January 10,2006 Wylie City Council Page 5 Mayor Mondy continued the Public Hearing to a later date to be determined by motion Council Action A motion was made by Councilman Newsom, seconded by Councilman Young to continue the Public Hearing and table action on revisions to the Comprehensive Zoning Ordinance (#2005-5 8) to the January 24, 2006 Council Meeting. A vote was taken and passed 7-0. Public Hearing and: 3. Consider and act upon approval of Ordinance No. 2006-02 amending Ordinance No. 2005-25 to include the addition of two tracts of land in a Planned Development (PD) district for commercial uses, generally located in the southwest corner of Country Club Road (F.M. 1378) and Parker Road (F.M.2514). ZC 2005-21 (M.Manson,Assistant City Manager) Staff Comments Assistant City Manager and Interim Planning Director Manson addressed Council stating that the proposed request is to include two additional tracts of land into the previously approved PD 2005-25, and does not alter any uses as outlined in the approved conditions of the Planned Development District. Tract 7, Block 1 being 1.002 acres in size and Tract 8, Block 1 being 1.000 acres in size. With the addition of these two tracts, the entire Planned Development District now totals 4.140 acres in four separate parcels, west of Country Club Road (F.M. 1378) and south of Parker Road (F.M. 2514). Public Hearing Mayor Mondy opened the Public Hearing at 7:50 p.m. There was no one present to address Council. Mayor Mondy closed the Public Hearing at 7:50 p.m. Council Discussion Councilman Young asked Ms. Manson if approving the additional tracts would create a higher expense to the city, once the acquisition of right of way begins. Ms. Manson explained that alignment for Parker and State Highway 78 has not been set. She commented that in the future something will need to be done and Collin County is looking at that area. She stated that she did not know of any proposed alignments that would adversely affect these tracts. Council Action A motion was made by Councilman Young, seconded by Councilman Newsom to approve Ordinance No. 2006-02 amending Ordinance No. 2005-25 to include the addition of two tracts of land in a Planned Development (PD) district for commercial uses, generally located in the southwest corner of Country Club Road(F.M. 1378)and Parker Road(F.M. 2514)ZC 2005-21. A vote was taken and passed 7-0. 4. Consider and act upon authorizing the City Manager to proceed with the Scheduling and Financing Plan for the 2005 Bond Program. (M. Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that on November 8, 2005, the citizens of Wylie approved seven (7) propositions,which included the entire Bond Program presented to them. With approval of the Bond Program,the City Administration began working to develop a Scheduling and Financing Plan. Presented tonight is Memorandum No. 05- 136 and Attachments A and B,which proposes a Scheduling and Financing Plan for the 2005 Bond Program. Mr. Roath explained that the specific scheduling plan was reviewed with regard to health, safety, and need and how many projects Minutes—January 10,2006 Wylie City Council Page 6 could be managed at one time in a quality manner; also project phasing that could be implemented both in phase 1 and phase 2. Concern was given to right of way acquisition and proper staffing. On the financial side the issue of administrative cost thru spreading the bond issues out over 2 phases rather than 4 to put more funds toward the end product rather than administrative costs. Recommendation and suggestions were solicited from the City's financial advisor,First Southwest as well as the City's facilities study architect,Brinkley Sargeant. Council Discussion Mayor Mondy had concerns regarding the improvements to Alanis being in the first phase and the portable buildings and the permit that allowed them to be occupied for three years for departments within the City Complex. The Mayor also had concerns with regard to the length of time it would take to build Fire Station#3. City Manager Roath explained that Alanis was planned in the first phase to open another access to the City. Whether we start at the first of the three years or phase it in toward the last, having it included in the first phase gives the City the flexibility. With regards to the Fire Station, it is needed now for public safety,but to design and construct the building properly, it will take a good part of the first phase to complete. This timeline recommendation was given by Brinkley Sargeant with conservative estimates which allow the time to build a quality facility. Mr. Roath stated that he believed it was very important to build the Fire Station as soon as possible, and added that if it was possible to build it in a shorter period, that effort would be made. Founders Park was planned for the first phase to take care of the need for playing fields. Mayor Mondy asked Mr. Mendenich what the cost was to issue the bonds. Mr.Mendenich,representative for First Southwest,the City's financial advisor, replied that the numbers in the proposal were very conservative in their estimates with regard to timing and repayments and forecasting interest rates. He explained that there were no interest earnings used for construction funds; rather these funds were left alone to keep the rate down. With those funds we were able to keep the maximum tax rate increase down from the original $0.02966 to $0.2854. If other growth factors increase from the proposed growth, the rate could go down even further. Mr. Mendenich reiterated that the finance plan was conservative and he felt comfortable recommending it. Mayor Mondy asked what three issues rather than two bond issues would cost the City. Mr.Mendenich replied that it would add 50%for an additional issue.Mayor Mondy asked what flexibility,do we lose or gain by three phases. Mr.Roath stated that the issuance of bonds more often than three years would stretch the length of time to complete all the projects. Mayor Pro Tem Hogue asked why the sidewalk repair was divided into two phases. Mr. Roath replied that the Construction Code Board was looking at policies and procedures to implement regarding existing sidewalks and the maintenance required for them. Mayor Pro Tem Hogue asked if Brown West would take three years for planning and acquisition. Mr. Holsted replied yes it would take at least two years for planning and acquisition but could take as much as three years. Mayor Pro Tem Hogue stated that when the work started on Stone Road,Alanis needed to be completed or close to completion to allow additional access to and from the City and beyond. Mayor Mondy stated that he felt Alanis would not improve access and felt this should be funded by the developer. City Manager Roath stated that impact fees would reimburse the City for the roads and as development continued,impact fees paid by the developer would increase and pay for the developer's road cost reimbursement. Mayor Pro Tem Hogue stated that he liked the proposed phases and felt that the recommendations took care of all parts of the City. Mayor Mondy stated that he wanted to see the Fire Station built first rather than other items on the recommendations for phase 1. Mayor Pro Tem Hogue stated that the Fire Station#3 was going to be built as quickly as it could and would be built as quickly as possible while providing quality and good standards. Mayor Mondy then stated that the Library was the first item that should be built based on the voters. Mayor Pro Tem Hogue again stated that the Library would be constructed as quickly as possible while providing quality and good standards. He explained that it was a large facility and would take time to design and construct. Councilman Young stated that he felt a work session was needed to decide on the phases of the bond. Mayor Mondy concurred. City Manager Roath stated that the architect recommended these phases and hoped that Council would take those recommendations to insure that we had quality facilities and not end up like other cities that end up with hundreds of punch list items that were not complete or completed incorrectly. He explained that he would recommend that the City hire a Construction Management Firm, as well as an architect to perform value engineering on each project to insure quality design and construction and cost value. Councilwoman Allen stated that she was in favor of constructing Alanis in the first phase and was happy with the proposal as presented.Mayor Mondy asked what Council would like to do. Councilman Porter stated he was in favor of taking a vote on this issue. Councilman Young stated he would like to see a work session to understand and resolve some of the issues brought up tonight. Mayor Pro Tem Hogue stated that it takes time to construct these facilities and roads and while phase 1 was implemented,phase 2 would be in the planning process and ready to begin as soon as phase 1 was complete. Councilman Newsom stated that he saw no advantage to holding a work session and stated that Council had these figures since Friday. He stated that he was ready to vote. Mayor Pro Tem Hogue concurred. Mayor Mondy stated that he wanted to see the Library move forward. Mayor Pro Tem Hogue asked the Mayor how it could move any quicker. City Manager Roath stated that the architect estimated that it would take the time proposed but could take a shorter amount of time. He Minutes—January 10,2006 Wylie City Council Page 7 explained that citizens in Wylie such as the library organization would want to have some involvement. He felt the project was estimated properly. Council Action A motion was made by Councilman Newsom, seconded by Councilwoman Allen to authorize the City Manager to proceed with the Scheduling and Financing Plan for the 2005 Bond Program. A vote was taken and passed 7-0. 5. Consider and act upon Ordinance No. 2006-03 setting a date, time, and place for the City Council to conduct a public hearing to consider the Land Use Assumptions and Capital Improvements Plan. (C. Holsted, City Engineer) Staff Comments City Engineer Holsted addressed Council stating that the approval of the ordinance sets a date for the public hearing to discuss the land use assumptions and capital improvements plan. The public hearing is the first step in the process to update the City's existing water and sewer impact fees. The impact fee advisory committee will be meeting at a future date to discuss the proposed fees and make recommendations to Council. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman White to approve Ordinance No. 2006-03 setting the date of February 28, 2006; time of 6:00 p.m. and place as the Municipal Complex, City Council Chambers, 2000 Hwy. 78 North, Wylie, Texas to hold a public hearing to consider the Land Use Assumptions and Capital Improvements Plan. A vote was taken and passed 7-0. 6. Consider and act upon award of a contract for the construction of the Creekside Two Million Gallon Elevated Storage Tank to Landmark Structures, Inc. in the amount of $2,759,000 and recoup the construction cost through impact fees. (C. Holsted, City Engineer) Staff Comments City Engineer Holsted addressed Council stating that on February 10, 2004 Council awarded a design contract for the 2 MMG Creekside Elevated Storage Tank. The City's Water Distribution System 10-year Capital Improvements Plan indicates that the construction of the tank should occur in 2005/2006. The water impact fee update also includes the Creekside tank in the impact fee calculation. Upon completion of the new elevated tank,the City will have the necessary capacity in elevated storage to better serve our current water customers. However, additional water system improvements will be necessary to maintain our current level of service and meet the needs of the projected growth of the City. The proposed elevated storage tank will be constructed to provide better pressure to the higher elevations in the northwest portions of the City. A site for the tank has been identified and has been dedicated to the City by the developer of the Creekside subdivision. The City's water distribution system will be split into two separate service zones with interconnects to feed between the two systems in emergency situations. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Newsom to award a contract for the construction of the Creekside Two Million Gallon Elevated Storage Tank to Landmark Structures, Inc. in the amount of$2,759,000 and recoup the construction cost through impact fees. A vote was taken and passed 7- 0. 7. Consider and act upon Resolution No. 2006-02(R) endorsing Expansion No. 1 of the Muddy Creek Wastewater Treatment Facility. (C. Holsted, City Engineer) Minutes—January 10,2006 Wylie City Council Page 8 Staff Comments City Engineer Hoisted addressed Council stating that on February 10,2006,the Phase II Preliminary Engineering Study for the Muddy Creek Regional Wastewater Treatment Plant recommended the construction of Phase II take place in 2006 due to the high growth rate of Wylie and Murphy. A copy of the draft report is attached. NTMWD has requested the City adopt a resolution of support for the expansion. Council Action A motion was made by Councilman Young, seconded by Councilman White to approve Resolution No. 2006- 02(R) endorsing Expansion No. 1 of the Muddy Creek Wastewater Treatment Facility. A vote was taken and passed 7-0. 8. Consider and act upon acceptance of the resignation of Mary Johnston and the appointment of a new member to the Library Advisory Board for the unexpired term of January 2006 to July 2006. (R. Orozco,Library Director) Staff Summary Library Director Orozco addressed Council stating that Article VIII, Section 2C of the City Charter authorizes the City Council to appoint a Library Board member. The Board shall consist of seven(7) citizens who shall be qualified voters who shall serve for a term of two (2)years with three (3)members'terms expiring in even-numbered years and four(4) members' terms expiring in odd-numbered years. Mary Johnston was appointed to the Library Board for a two (2)year term expiring July of 2006. Ms. Johnston, who has served very faithfully on the Board, has recently submitted her resignation from her appointment to the Library Board due to an increase in professional and family commitments. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Newsom to accept the resignation of Mary Johnston and appoint Kelli Bolton as the new member to the Library Advisory Board for the unexpired term of January 2006 to July 2006. A vote was taken and passed 7-0. 9. Consider and act upon acceptance of the resignation of Jess A. Calhoun, Jr. and the appointment of a new member to the Construction Code Board for the unexpired term of July 2004 to July 2006. (J. Bray,Building Director) Staff Comments Building Inspections Director Bray addressed Council stating that Article VIII, of the City Charter authorizes the City Council to create, establish or appoint as may be required by the laws of the State of Texas or this Charter, such boards, commissions and committees as it deems necessary to carry out the functions, and obligations of the city. Jess A. Calhoun, Jr. was reappointed to the Construction Code Board for a two (2) year term expiring July of 2006. Mr. Calhoun, who has served very faithfully on the Board since 2002, has recently submitted his resignation from his appointment to the Construction Code Board due to relocation. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Young to accept the resignation of Jess A. Calhoun, Jr. and appoint Mike Phillips as the new member to the Construction Code Board for the unexpired term of January 2006 to July 2006. A vote was taken and passed 7-0. Minutes—January 10,2006 Wylie City Council Page 9 READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE III, SECTION 13-D. City Secretary Carole Ehrlich read the caption to Ordinances No. 2006-01, 2006-02 and No. 2006-03 into the official record. WORK SESSION Joint work session with Park and Recreation Board • Development of the newly acquired 253 acre tract at FM1378 and Brown • Naming of Streets(Resolution No.2003-16(R)) • Concessionaire Services • Revisions to the athletic fees,light fees,and development of criteria,and other league issues Mayor Mondy called the Joint Work Session between the Parks Board and the City Council to order at 9:30 p.m. Councilmembers present were: Councilwoman Reta Allen, Councilman Young, Councilman Porter, Councilman White, and Councilman Newsom. Mayor Pro Tem Hogue arrived at 9:40. Parks Board Chair, Dan Chestnut called the meeting to order at 9:30 with board members: Ann Hiney, Brandi Lafleur and David Willey present. (Board member Eugene Garner was present for the Council meeting but had to leave due to a previous engagement.) City Council and Parks Board discussed several issues and received some direction from Council. • Naming of Streets(Resolution No.2003-16(R) Chairman Chestnut addressed those present explaining that on October 14,2003, City Council approved Resolution 2003-16(R) to name two streets in Wylie in memory of two residents killed in the Vietnam War. The names are Jerry Wayne Combest, and Lanny Earl Hale. To date, the intent of the resolution has not been fulfilled. The consensus was that Council was receptive to the idea that the south entrance road to Founders Park be named in memory of Jerry Wayne Combest and the entrance road to Community Park adjacent to the Library be named in memory of Lanny Earl Hale. At the next board meeting,the board will make a recommendation to be forwarded to Council that the south entrance road to Founders Park is named in memory of Jerry Wayne Combest and the entrance road to Community Park adjacent to the Library be named in memory of Lanny Earl Hale. These park entrance roads are not currently named. • Revisions to the athletic fees,light fees,and development of criteria,and other league issues Chairman Chestnut explained to those present that athletic fee and light fee rates were not recouping the cost of maintenance by the City. He explained that these fees had not been increased in some time. The consensus was that staff should gather information and develop at least three rate structures for the Board's review and recommendation to Council. The goal for the light fee is to recover one-half of the Cities' cost for electricity. The various rate structures for athletic fee and light fee should include consideration of an adult fee; resident vs. non-resident; an after 10 p.m. surcharge;and incremental increases of the fees. Chairman Chestnut addressed those present stating that on the issue of developing sanctioning criteria for the athletic leagues,it was suggested that staff undertake the following measures: investigate what other cities are doing; ask the City Attorney to check on liability issues that might be related to the City's sanctioning of athletic leagues; and contact the WISD and ascertain the rates charged by WISD to both sanctioned and non-sanctioned leagues. This information should be forwarded to the Board for consideration and recommendation to the Council on further action. A suggestion was made that the leagues should be told to "police themselves", but this was countered by another suggestion that the City should refrain from becoming too deeply involved in telling the leagues how to conduct their own business. Minutes—January 10,2006 Wylie City Council Page 10 • Concessionaire Services Chairman Chestnut addressed those present stating that the City has a contract with Jolly Trolley for concessionaire services at Founders and Community Parks until February 2007. The owner of Jolly Trolley has indicated that he wants to terminate the contract as of January 1,2006. Staff is currently reviewing the termination procedure. When the current concessionaire contract was awarded, staff perceived that Council had a desire to award the contract to the athletic leagues;however,Jolly Trolley submitted the best proposal and was awarded the contract. In a meeting with the City Attorney,the Attorney stated that the City could limit the future solicitation of proposals from only the local athletic leagues if the City so desired. On the concessionaire item,the direction was that staff should not limit itself to receiving proposals from only the athletic leagues and that staff solicit RFP's from the general public. • Development of the newly acquired 253 acre tract at FM1378 and Brown The final item was a discussion of the recently acquired Wells property. There was some concern by the Parks Board that the land would be used for municipal buildings and other facilities. It was agreed that this 253 acre tract of land should be developed with a vision for the future. If municipal buildings are to be placed on the property, care will be taken to make the building fit harmoniously into the tract. There was some discussion that certain portions of the property might be set aside and preserved in their present state and condition. City Council and the Parks Board adjourned the Joint Work Session at 10:43 p.m. Mayor Mondy convened into Executive Session at 10:54 p.m. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001,et.seq, Texas Government Code,to wit: Section 551.072. To deliberate the purchase,exchange,lease or value of real property generally located at: • Right-of-Way for the Ballard Avenue Paving Project Mayor Mondy reconvened into Open Session at 11:03 p.m. RECONVENE INTO OPEN SESSION Take any action as a result of Executive Session Council Action A motion was made by Mayor Pro Tem Hogue seconded by Councilman Porter to direct staff to purchase the Virginia Foote and Catherine Frey property in the amount of$55,000 and to approve any other costs associated in the purchase of said property. A vote was taken and passed 7-0. Minutes—January 10,2006 Wylie City Council Page 11 ADJOURNMENT With no further business before Council, consensus of Council was to adjourn at 11:06 p.m. John Mondy,Mayor ATTEST: Carole Ehrlich,City Secretary Minutes—January 10,2006 Wylie City Council Page 12 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: January 24, 2006 Originating Department: Planning and Zoning Prepared By: Renae' 011ie Account Code No. #: Date Prepared: January 13, 2006 Budgeted Amount: Exhibits: 1 AGENDA SUBJECT: Consider and act upon a Preliminary Plat for Best Corner Wylie Addition, generally located at the northeast corner of Kirby Street and F.M. 544. RECOMMENDED ACTION: The Planning and Zoning Commission voted on January 3, 2006, 4—0 to recommend approval. SUMMARY: The Preliminary Plat under consideration will create two lots. Lot 1 is 0.13 acres (5,668 sq. ft.) in size, and lot 2 is 0.44 acres (19,190 sq. ft.). There is an existing 1,648 sq. ft. brick building on Lot 1, and an existing restaurant (Subway) on Lot 2. The property is zoned Commercial Corridor (CC) District and has never been platted. A Cross Easement Agreement is recorded with the Collin County Clerk for the subject property and the adjacent property to the northeast (Hibernia National Bank). The applicant is not proposing any development at this time, but is preparing to make the subject property an official lot of record and file with the County. 2.283 square feet of right-of-way for a proposed turn lane at Kirby Street is dedicated by separate instrument The Preliminary Plat complies with all applicable technical requirements of the City of Wylie. APPROVED BY: Initial Date Department Director: MM \ 01/13/06 City Manager: \ 1 OWNER'S CERTIFICATE FOAUTNET?FOTFT 11 I N TAN-Fairciertain lot,tract or parcel of land situated in the S B.SHELBY SURVEY,ABSTRACT SURVEYOR'S CEF2TIFICATE / ____/----------- Z NO.820,City of Wylie,Collin County,Texas,and being a part of that tract of land as Ic_trthdVeigil=112trY1d1e7grannrbielingrriZirdninolle°4lakaPnZieE21`2=1Land NOW,THEREFORE KNOW ALL MEN BY THESE PRESENT: Z___V,------ , ,•-- Records of Collin County,Texas,and being more particularly described as follows: THAT I,Harold D.Fetty,Ill,do hereby certify that I prepared this plat from an actual and accurate§urv.ey of the.land,and that the corner monument§show, /,,, ' ,, BEGINNING at an..X"found in concrete in the Southeast right-of-way line of State Highway /- ,,,,, 78,at the intersection of said r)g.ht-of-way with the Northeast line of that 0.3241 acres_ ., Zigi'an4int.Pilr:sPV'd N:57a=roMignrPliais,unrg"Ccgni,Tacr°rodfatInirCrof tCraocpt o'rf I at o.ndn,adsat.d:cs1 Vebl:rd,a;_a81,'Alt cil ebeeilnfg7rne'clOirndcead ilani:rk-ntegothaV1a8n0d2,.Hoafn it Wylie. CURVE DATA C 1 ,'---"' -Sif, tnerLanaair<ecoras of Collin uounty,T.as,saia point being in the Southwest line of saia 2, CA=94.13'35" R=40.00' ,(.,-. McDaniel Enterprises 1,LTD.tract; IN L=65.78. z wo!( 0,.. -troHaEl5\j/n15rOdd Vih4=11 gps:tcar44°'WHT'dgiugnhctltrwcrinlienr!,a distance of 124.53 feet p 5034 Registered Professional Land Surveyor No.CHORD=S 41.05.35E 58.62' ct '---\ LHHJ IIV / OfiL \ CONC / b \---------''' / THENCE S.38 deg.13 mO.22 sec.E.a di§tance.of.149.51 f,et toi ae1/2':iron rod..,p_._ .,P10-irc,ratl:TONCINK,Fa-ir%fd°dVn't?renCit lynotfn,74:isCo'll'i=tyn,-xi-aT,1o=igft\o the r lat thereof recorded in Volume G,Page 414 of the Plat Records or Collin County,Texas; -freheiFtNoCaE'8''Vergod4f6oiTnYfO4Pcsoeric,e'r%1111)enertehVriPtt-lOP-%fyTiiel AV.'itrdbMceeet°,f'45 MAUTNET9(FOTFEgE I N ,f,,,,,the undersigned.authority,on thi§day personally.appearedollAeROLD D. if-oglisn'gr lArstru'r°11weritit'arTdk=1:T;Vtg rrectTicatn:II:csuutfftrsdatmPfor the z • -troHaEl6U.n8rLdVfhl=(p)Pa:t7cc.c%grri329Rriglt°f.-Wleb3a4VrgregrneT.46 feet purpose and consiaeration therein mated., 1,\ , / / A----------__ Tol5InVirCitEgNi.938,9doljoaren2ors8c44VVa.ciaedsisotAnacnedof 111.86 feet to the POINT OF BEGINNING and 0 30 60 90 sVH 7, / Given upon my hand and seal of office this day of ,2006. 0 TRACT 2 / , /--- , , __-- „ z „1, grZt groVirCLIitausartVdinbtggSkpaa7riggc gL374/1ELr:IsIaricroF GRAPHIC SCALE 1,30' „SIG K I Z ( : r _3, land as aescribed in a'Warranty deea from Linda Payne,i rustee to Khalid and Hanif '1`;Irarnactlil°Rnecdoa-tdesdoZb,`,.11-grYa'urT:lb,n'irpee%drencol rT ii!trinA nd°Z-b'edi gigilgs: Notary Public in and for the State of Texas My Commission Expires: Z 1' V'Z ',. '''''' 7k,GalMneTts:A:n Ls'Z'tri gc,?tr--teay1 n17 tsh°cuiterPhsgSrefTUIeDgjeTtt:d"Ig hwaY „Z" 0,-4,,< Zho',,e' ct of land,said point being in the Soutnwest line of a tract of land as described in a Z .\\\A r' 6,0,„/ , . ir IRS i 'Warranty deed from McDaniel Enterprises,Inc.to McDaniel Enterprises 1,LTD.,dated December 11,1998 and being recorded in Volume 4648,Page 2102 of the Land Records of Collin / ,„/j, \A‘6,'\.•••••.? '.Z,45. . 1 N?''g'''''':'-'0.- ToP1OnZe3t8todri/Yig.rli,Mi.A itinpU's'gccgrst'anntrdV.T.Cni Tgi It_T5Vv.dgttance for corner; ' ,, ,,,,,,,,,, LitEaleEo78510`61efgeXornaliZ..?n:tcin\Acibia,lc°r2TgeSaupt=tebn't);undarY line'said tract'a • 1 •' A.•. '''', THENCE N.87 deg.29 min.34 sec.W.a distance of 116.79 feet to an..X"set in concrete ,„/ At() L 0 T %X \ , \ , MeentZlthqfhsetr=trrrlYhMZInaetOhlrIeerrig/nacf7W;e centerline°f W KirbY ," • (,) 0., 4, A /FIES *. -N,EaNgaNnbeld2:74z51 frenaigrn''Ulii°dnign tchoenr°eLtiehtgorZtr-;°f-waY line°f State HighwaY ••••••• 3 ,,,,,Z 140°M° .\'' 1 9,NI c9,04".Qs. F . '''''1/4 \\ -troHaEnvfu7,idneVo1r1U7o=rW.along said right-of-way line,a distance of 28.98 feet ..56(0,7,4 , \( \ -troHtT 2 INNL-rweBvarii ink,eac,E,-,z)innviadd,7riimouf:el emrtnt:,9:so,f„slid'.f eet • .....,-- et-co NOW THEREFORE,KNOW ALL MEN BY THESE PRESENTS: , .1 .$4,..),.; (:),(Dc) •• a''',' ( ,,,,,04,,,,,,,,,/,' ' '4, APHALT 1 \ 0,,ftil •„,_____. cic,er,-(4/,so, c)„.. .-7;), \ suBwAy > 1.." ..I/2":Si\ an Addition to the City of Wylie,Texas ancjodggrbeyb=attgetoe=np,Leintraispesf=enr on .••••• --- A.'' #r/,,,,,, 1 3 'CRES 0,.•.O..\SPHALT N\: ,,, CO:, ------------,,0_.. It SPIr:tegr atIV rar1.7tYusa=nhderaec'crrn'odation of garbage collection agencies and all public / ,,.. , utilities desiring to use or using same.Any public utility shall have the right \ rY' ' V. 24'ACCESS&UTILI,EASEMENT to remove and keep removed all or part of any buildings,fence,trees,shrubs,or other improvements or growths which in any way endanger or interfere with the construction,maintenance or efficiency of its respective systems on any of these ASPHALT 4). • -' ''''''N easements strips and any public utility shall at all times have the right to N--- \s, ( ••' IN_T °, , c .. 'Sq.',,,t' ;;) i --------- ingress and egress to and from and upon the said easement strips for the purpose of constructing,reconstructing,.in§pecting,patrolling without the necessity at \'''' "NC4/, ‘,'FFI 'ap,„ ' , . #",' lhilh -----] any time of procuring the permission of anyone.This plat approved subject to 'APPROVED FOR PREPARATION OF FINAL PLAT" , Apirregzdinances,rules,regulations and resolutions of the City of APPFROVED AND ACCEPTED sr, A P4142.\ O\ \ v 7,,,.,, ••,F,_,,,_:_b _'''''LI 14WiiirMc‘iiiiit ,,,,2 00'•. 536 ..•, . ., 'W 164.47 TsulFil,zahaRGErAralpopNRso(vmhiNEETANcsE)WITH SECTION 2.11B OF THE C,OF WYLIE Witness my hand this day of 2006, TI:2.,,,TC .Sf,15UT :. 2.283 S.F. :• .5?, 0/H ELEC LINE -..-- . 0 ) -POIL' f r ByR.s0E.,W. DEDICATION Asb, 0 6. 0, .__ARATE DOCyMENT -------- LAFAYETTE LANDING LTD. (.) 69• N 87'29'34'•W 116.79' 5 W. KIRBY STREET N/ SAUYTIOTK PKWEP— DATE t% R.O.W. BY LIMITATION 2.760 SO. FT. rsZNYT HADDOCK COUNETV FoTFECOL N neAfgrOonicek,thinndneLTP,neIabn°,3=vsotelDr=1ILTs=tO-frtfl'e\ltir foozorsig iati_cironnesnioratanct=1,e,dsctc4,tio me that he executed the same or e "PRELIMINARY PLAT FOFR FREVIEW PURPOSES ONLY'' Given upon my hand and seal of office this day of ,2006. PREL I M I NARY PLAT .'..411111111.111h Notary Public in and for the State of Texas My Commission Expires: BEST CORNER WYLIE ADDITION ..,' In CAY C RIWETY ILOSINE T.OC: THY NC Y ICTOYUU ROVFYE WYLIE 0 TEXAS ! 111111.1 NOVEMBER 28 , 2005 OWNERS: SYMBOL LEGEND NOTES VICINITY MAI 1)Pcmc"ealaFrinirn=M=====l4ear LAFAYETTE LANDING LTD MIT. X& 70.TFola., 'ATV ...T.... Ir Zrgair, r PPY STANLEY HADDOCK EltC TUT_EC A.Ilh-j,FFs,,,, i ,, 2)BEARING SOURCE:RECORDED PLAT VOL.G,PG.414,P.R.C.C.T. 22 1 COUNTRY CLUB DR I VE WTTLr.per.. T. e.' oo,„ ". 'Di RENAEPHEI%%TEM 2O1 inNu ITSEICIFT 4 Ts'a IN-Uovi 131-NACFIRPOTFOI .., SURVEY DATE JULY 29.2003 NilirrTS 11 !,,,, 5)NO LOT TO LOT DRAINAGE IS PERMITTED. Fl S C LAND SURVEYING[ ni-NET i H"A../FILE.20031542P 1984 S.FM 551 ROYSE CITY,TEXAS 75189 PHONE(972,772-5434 FAX(972)772-5443 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: January 24, 2006 Originating Department: Planning and Zoning Prepared By: Renae' 011ie Account Code No. #: Date Prepared: January 13, 2006 Budgeted Amount: Exhibits: 1 AGENDA SUBJECT: Consider and act upon a Final Plat for Sage Creek Phase 9 Addition, generally located south of Sage Creek 8 Addition and north of Wooded Creek Addition. RECOMMENDED ACTION: The Planning and Zoning Commission voted on January 3, 2006, 4—0 to recommend approval. SUMMARY: The Final Plat for the Sage Creek 9 Addition includes 51.203 acres and will create 60 single-family residential lots. The Plat also dedicates an amenity center lot of 0.8 acres to be maintained by the Homeowners Association, and approximately 30 acres to the City of Wylie as public parkland. The City Council approved a zoning case to rezone the subject property from Agriculture (A) to Planned Development (PD) District for single-family residential uses in August of 2005. A temporary cul-de-sac will be constructed at the south end of Preston Lane and abandoned with the filing of the Final Plat for Phase IXA. The trail in Lot 2X, Block B must be completed prior to the issuance of building permits and prior to the subdivision being accepted by the City. The Final Plat substantially conforms to the approved Conditions of the Planned Development District and Development Plan. APPROVED BY: Initial Date Department Director: MM \ 01/13/06 City Manager: \ 1 CURVE TABLE LINE TABLE n J l,1 �' I 00 CURVE DELTA RADIUS TANGENT LENGTH CHORD McMIUFN LINE BEARING LENGTH McMILLEN C1 10'29'1. 250.00' 22.99' 45.88' N05'5'22,41.83' IU C2 9'35'S3" 250.00' 20.99' 41.88' S05'S6'22"E 41.83' T1 S10'44'19"E 52.04' z C3 16'31'38" 250.00' 38.31' 72.11' N8216'07"W 71.86' T2 S88'S1'35W 1..00' � C4 16'31'38" 250.00' 38.31' 72.11' 58216'07,71.86' T3 N74'00'19"W 67.99' C5 6'S2'11" 45A0' S0.75' 76.08' N42'5'S1"W 67.34' T4 N8928.04, 182.87' 711!'` Q C6 14'49'47" 450.00' S8.56' 116.47' N13'5'08"E 116.15' T5 50015D5"E 14.90' ii 53'08'41" '31'43'35" 2136.67' 3r 90'00'00" N0108'25"W 14001' Fall (71-r1-11-183.44'23" :CO% 350.00' 142.89' N44'44'S5"E 98.99' w �� 2 ' 71 300'00'00" 50.00' 28.87' 281.80' S0015'O5"E 50.00' c�i m cJiC12 1GiY6'08" 50.00' 479.84' 146.70' N43'21'04"W 99.46' \ c rAir -i NI Ci GRAPHIC SCALE V* C a ( t 100 50 0 100 300 C J 21 11 11 I I_ 1,1 1,,,,RFF PHA F VIII 1 `+ Q 1 1 I`i 1 I I I 1I j CABINET"0,SUD 43 I I LOT 10 g :SE0U01q w 1 1 z 1 II M.R..C.T. 11 ----I I I LAKE RANCH > w 11 w I I 1 I I - CABINET"C",SLIDE 193 1 inch 0,,t z �� _LAI�FIELD__I Q Ir OK 20 12 I Q 11I 22 21 20 11 19 18 17 16 11 15 14 13 12 r 1 f------- _ - Y L II- - I Jl 1I I 15 M.R.C.C.T. �1� ', O 19 1 w L- J�= -TE - \ I I FM 544 0 rc MARGOT CT I I I LOT 9 § -1 U 13 1 U ABBY LANE �I I I w ov o I- w _ _ _ / l _ 18 14 0 -- -- - -/\\\ /16 III III - LAKE LOT 8,5(9 ANCH SAGE CRE PHASE IV 3 1 26 25 24 23 22 21 20 19 18 17 \�\</ I I CABIN T"0"SLIDE 567 I I CABINEM.R,CC.T.SLIDE 759 M.R.0 C.T. 1I e /\\ I 1 15 \\16 y.II ---18 2-613 1613,,?' 1 I N89'18'S6"E 989.33' 120.01' I 25'25'1171.22' 60.00' 60.00' SOAO' 60.00' 80.00' 60.00' 60.00' 60.00' 60.00' 60.00' 6�b' 192.39' 121.13' 396.48' ti M 38.8 _ �p.� I 1 I F. .III 3 3 a: 3 3 ; ; © I` '-�� 15 n r m 1;3i$2;no 3 nbo 4_'$5 gDi.86 790 ,,,. 'l ; 3 3 L 588'51'35"41 . - o o a 7:� N'a Is 0 10- rym I o�I^ g n n� hg �g ;•,; „<a �, �o �8 �$ -$� 5 1. 120.. l b, o, o'' o o 1n 13 s�° 11 0 0 0 o g� o e� 0�9 nm101nm11 n�12 Il`�n ,y0,y,• 1O o b Ill��25.8E z�� z_z z2--7-7-�8',z_.91�'z • o - - o !r I 2 M1 o ---. 14 n 2 I m \'B9 �906`1"",.. EB.OD'--..."-3Y.2i'-1-S}g5'�\\48�z 2' z z I N S88'S1'3, M1 TTT �0.31' 25.8E 19.67' \ °' N89'28'04=E 366.74' C3 � 14 LOT 8 120.00'm soar' -6aeca*66 '`6' � d Q.a,3 N 7a �� -- s ...,�--- �8�01= -60:48=66.01'-83.66'--60.3= 64.9Q -N87 E- n 888'51.35"I r e1 I y '6� cr ----251136,----- Q 1 m w w 25.8E w w w 1 10.97'� 0e.1 q I oi. 120.0D'I.b i g N 8 o 8 8 ;113 o o ?0 1.90',..2.73.3 66^-69:0�-66.42' K 0 15 I 'n S• 4. & g g1"S10 1^g 11,i-i v12 n<13 F g 14!nn ^. 3 21.51w 25 BLw 33.81'/ `r N89'28 4'E r 7 8- I''- 8- 8- 8- ,^15, ,;uviN -188 ,),'io / 267.0' 588'51'35" 12.89'' h 16 fO ;b n 1� 16 / e 120.00' I I Pe17 $18 og 19�a /� / b 5 I•b I I 79.52' 60.48' 64.57 63.56' 80.OD'35.13'� sr>2q o e o ' °° O 4 r0^ rn �' 12.09' / N892�04.E 1 o I Ti, 101.96' 121.25' r>' W P 15'BL J� B o S89'28'04"W 6315 632.2J'�,881 69.08'9.260.00' 54.6. ,4'. 17 281•25' 8 v -126b / i� a 3 r5 "y o W N T2 N N88'S1'35'E yN 60.00' 83.92 91.64 N 2� v - CLAYBROOK DRIVE • - .1 140.00' a U N. 25 M ",_ 3 ; J / Na3 HN' S m 1'1 < v ' '� F2491Wo in- N- v,ao 18/ I 7 � 26 �v.� o v,e23o�22oN21 0�2°'°• h CO / 1 g 0� 1 N88'S1'35"E 3 z o 1O o o a o 1 ^Ir- N NB`28'04"E N 81 O n 1 k gi • 140.00' e N N>r 273� 20.24 z z 25.8E z JI I5,2i 2 rA BX 8 .86..1'35 I N t 6 8 '2"w I o .= 120.00' ., N88.51'3,•E r?.348 / `46:eY TBO.Oa'�3352'--7@5 1 1O w N o g 9.I!G O 140.00' 8 o _ S89'44'SS5W 371.80' - Li'1\ 1 :� n S88• 'S'35"VW b g i3 8 t3.3. 27 N� , 15,E N89 8'04"E o Q 1 z NBA, n .GB.-6-348= 8 „ 30 c2' 120.00V.j „140.00' b �i '`` , -- \ T © o O o '� m o � � 2.67' � o 0 58L w �� 19\ m Z^ ", 1u 4 1ou i,,,e . -G 8 :o -o -o o b •\\ N8928'"E N88'S1'35'E i .1 0 3 1 0 588'S1'35"L. 139.90' 28 a n :i No 30 0o N 31 o No 32 o No 33 r g 34 U\T '6 �� 288.56k b o ,,' 33- m v,,29 a rn rd m ri ,^ 1 A ��. 20 \ vo 1 20'$ "' ,4 Q N89'44'55"E 1,23'\ N8928'Dy"E o fO -, 1. - 1 143.52' 85.85' 60.01' 655, 80.00' 63.78' 121.75'•'. .\N 258.44 589'44'S5' i3467- ^61.78' 60.00' VO' 60.00' 80.00' 60.00' 60.00' 60.00' 60.00' 53.1-\ 21 11 1 1259.67'-. VY 10 S •g wN c1 g! m 3 3 3 3 3 3 3 \w N89'28'Dt'E t. N88'51'35'E 9n- 1a o �b 0 0 1n o �b �b b v � !I 235.74i SAE CREEK PHASE VI m 589'a4'S5"W LG 44 0 04.3 0 042 0 0 41 r,04Q A o�P o143.o ojJ-o v,35 " 124.32' in 1n o 1n Pr,c in o v, in o o 'c 22 CA NET 0",SLIDE 435 135.57' 4 m 1 ;a o g o'. o g o o o g o a o- o-14,90'1 8 M.R.C..T. o Q I v in o 0 0 0 0 0 0 0 0� N89'28'04�'E a®a i d I-_ .3-2 z z z,- z z z 25'BL z z 31.42' .~■Z : 229.32'� S88'55'41"W 533.33' 's S89'44'55'W • -T28:'S#---ere,-eROT'-8Q0a'-E0.0Hy -sono--COO`-BO.Do'-TTTT4 .: 11,>"L 23 1 a COO 134.57'_,_ 81 6) /o I 00 < 3 N m - - 589'44 56 W 33- 3, o O NI J N G1 w/ ..._ N S8 33.5.-W �(TT H--..-68:0M-68.86'-6040=-GE4 -RB-0N L6&D9-66.66'-3RAO'-iP.BLo I.64c3'.4 NA,M�"' 7 _ _..... , w m 8 I,N r 0 w w 25'BL w w w w 1.1 w w w 258E,.8.88'w J, N m 58• 9.44'55, 91 RIm m o is In 8 n In 8 N o®N o g o �o ,,o n 0 0 ,v 'n N `2 0i 24 3'.3rv.3rO36Tv.34ry 33rg32G,31ra30rg�r<�ra27§,-rn 25 :�. ( :21, O 13.57' po poOw p� A" A" � e� 8� oo_ oo� ova oo� m.7' I O o 9 I II ___ 1 ___ 688'55'41"W N 131.55' I 25'25'1170.00' 60.00' 60.00' 60.00' 6D.D0' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.10'r 121.91 T1.75 180.51' 140.45' I i1 1 I . //j S89'44'S5"W 1386.62' S88'34'S9"W 557.46' j EEK ESTATES 0,HAS=1 CABINETI"0",SL/U72 THOMAS A.MANNEWITZ and BARBARA L. 95 RESIDENTIAL LOTS N 59.234 ACRES I.B.C.C.T'L---=J REMAINDER OF MANNEWITZ WOODED CREEK ESTATES,LTD. DOC.#92-0064130 FINAL PLAT 3 I VODOC.#2002 001111758 PAGE 90 D R°C.T. SAGE CREEK LEGEND I D.R.c.c.T. PHASE IX BL=BUILDING LINE 4 DE=DRAINAGE EASEMENT I AN ADDITION TO THE CITY OF WYUE HOA=HOMEOWNER'S ASSOCIATION MOSES SPARKS SURVEY-ABSTRACT NO.849 UE=UTILITY EASEMENT D.R.C.C.T.=DEED RECORDS,COLLIN COUNTY,TEXAS COLLIN COUNTY,TEXAS M.R.C.C.T.=MAP RECORDS,COLLIN COUNTY,TEXAS AUGUST 2005 SCALE:1"=100' DOC#=DOCUMENT NUMBER IRF=IRON ROD FOUND OWNER IPF=IRON PIPE FOUND ASHTON DALLAS RESIDENTIAL,L.L.C. 0=DENOTES STREET NAME CHANGE 13800 MONFORT DR., SUITE 100 o=1/2"IRON ROD FOUND W/YELLOW PLASTIC CAP 972-490-3255 DALLAS,TEXAS 75240 STAMPED"DAA"(UNLESS NOTED OTHERWISE) ENGINEER •=1/2"IRON ROD SET W/YELLOW PLASTIC CAP STAMPED"DAA" <CM>=CONTROL MONUMENT DOWDEY,ANDERSON&ASSOCIATES,INC. >� 5225 Yrbge Creels Drive,Suit 200 Plano,Baas 75093 972131-0644 )2EVISED: I CAB. ,PAGE 1 OF 2 04085 g90-170 Z dO Z 300d 'ENO :03S1A321' .'"DIN16;$3"61,irDO'SSIVI 1407213Cl'INTMIAMONS,L ,133NION3 0-17ZgL SVX31‘sviiva 5530-060—ZL6 000 ains "aa MOJNOW 008£1. 071 10IIN30IS3N SV11VCI NO1HSV 83NMO gOOZ isnonv SVX31'AiNnoo NITIOD 6172'ON 10091SeV A3060S S>I8VdS S3S011 3I,M JO A110 3H1 01 NO11100V NV XI 3SVHd >133210 30VS IVid 1VNLJ SalOV 00065^,5101 1010N3915321 56 kimonos A,ip '--- ADP—sP-11 Puo4 A.SS3N1IM d .P.Otiosqns anoqo 1.00.181/SD awou sp,Buiubis Aq aouop0000 apu Johoini pazpowno J01,11,sounop p,os puo pios uodn puo 1_11 4,0,4as puo umoqs so sou,Jamas.pi,Jeolom,uo'Boo*oiTontrawasoa.=grzs p uoipoipapzIp:d=ozaw pu43ua.q,'.13.7,tooLiowlo;Aug"no° XI 3S7FLP!'>133210 30VS.41 lo 1.1d Pug 6.!..104.44 1.41 L11=1P..9Kraglo .41MJf.J.4.-.04 .41P74.-:Af41s. app sox,'aiiAra p Aup‘JoAori -10 8-1°W'PLIDI I° PUD ONINNI038 JO 1,110d.41 01 1..1 p aouopp pp,D JO,6u,nun.uoo puo 96,L, aouoTsip o To Ai OSIDI, a6os mos JOUJO3 TsoaqTrios aw.puo asoqd>pa,a6o,pps p JOUJO3}soaqi.JoN ay}6wssod Isam spuooas sarww gp saa.i6ap q,ioN 30N3H, .paidao, NOLL31d1100 JO 3.1.VOULL2130 ,C4DDDO D11100..P.1039,1 'zcc.PIIS 1.14900 ul P.P00.,40..1.41 1.1d.41 01 buIP-10.0..11AM 40 APO.41 01.IIIPPV. asp,''sap},)1..13 papoom JOUJO3 TSOML,JON,puo abod awnioA u,papJoosJ po.q Tqopmasno,mos p app sox,'aiiAra p Aup JaUJO3 4saminnos p.soxa,'Apnop ',moo,' apus'p,aupop m pappow ;old at.n.m 6uno.i0000 an%p ain uomppy uo asoud>pa.10 a6os p aun Tso3 u,pun°,„bupaau,6u3 uop,padw,doo onsop .uonon.i,suop Jo,oanoiddy. !sox,.Apnoo quo,.spooa,paap abod'p6pg awnpA u,papooa.1“pn.sapi.s3 ,p0.13 papoom pap u,paciposap puo,p po.q.o p JOUJO3 1SID,JON, punm padw,doo onsop sox,p a}ms ay,JO;puo u,onqn,A.nowN lOS '4..M 6g 92 41.S 30N3H1 app uoissiwwoa Buiuo,Dr6xusiiiu'oeiliKNukoffugj !so,'Apnop um, paap '---- J.ADP—.41.141.3910 4.ID..Pu.PuD4 N3A10 ,uawnoop u,papoo0.1 zimauumey DJ1,108 puo SOW., pOOCI paqposap pum p o p_aux.TsoainJoN p ppd o pa; p aouopip o Isam spuooas ist sa,nu,w gg saaJbap gg papp upJain ain u,puo passaJdxa u,aJaLn umpiamsuoo puo asod_Ind a,JO,uonwodpo yons p Joncudd, papuawwooa, SD awos ay,paroaxa poq aq}log}, 011I6P8I0O6VP0aw}0,30,SD OUJOS aw.paroaxa aq pw. 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RECOMMENDED ACTION: The Planning and Zoning Commission voted on January 3, 2006, 4—0 to recommend approval. SUMMARY: The Final Plat for the Sage Creek 9A Addition includes 8.313 acres and will create 35 single-family residential lots. The City Council approved a zoning case to rezone the subject property from Agriculture (A) to Planned Development (PD) District for single-family residential uses in August of 2005. Minimum lot size approved by the PD is 8,400 square feet. The Final Plat substantially conforms to the approved Conditions of the Planned Development District and Development Plan. The temporary cul-de-sac at the south end of Preston Lane will be abandoned by the filing of the Final Plat for Phase IXA. As a Condition of the PD, a road must be provided through Phase 8 to connect these phases to Riverway Lane to provide additional points of access/egress. This corridor will be platted by separate instrument and construction must be completed prior to the occupancy of homes in this phase. APPROVED BY: Initial Date Department Director: MM \ 01/13/06 City Manager: \ 1 LINE TABLE CURVE TABLE 1 �� I\ ( McMILLEN NeMILLEN LINE BEARING LENGTH CURVE DELTA RADIUS TANGENT LENGTH CHORD z T1 N01'08'25W 27.71. C1 2750'S2' 225.00' 55.78, 109.36' N14T0'31'W 128.28' T2 N8851'35"E 50.00• C2 90VD'0D' MOO' 20.00' 31.42, N44'44'S5"E 2 as, ��' y T3 N01'08'25W 8.14' C3 753'07" 50.00' 3.45' 6.88' S57'19'27"E 6.88' Q T4 S00'15'05"E 14.90' C4 9'35'S3" 250.00' 20.99• 41.88' SO5Z22"E 41.83' k O TT: S89'44'S5'W 3.32' CS 1029'13" 250.00' 22.9a• 45.76' N0529.42,45.69' Q T6 N00'15'05'W 50.00' I I I I I m Q T7 589'44'S5'W 3.32' T8 N0,'OS'25"W 105.24' wfar S .21 T9 S1 D'44'19"E 5204' g z T10 S45'15'D5'E 16.97' rAfr > QT11 :4,1= 16.97' AQ�EpUCT z w GRAPHIC SCALE U a e o eu . 0 80 ,BO 'F� C �- a •C� J m i SEQUOIA CJ I (IN FEET) x a -LAKEFlELO O a I g 10 11 12 ,3 ,4 15 16 /' I� h=80 LG / �._�1� ;illIllIllIllMM- J W /�17 18 19 I 16 / Z 1 //// , ' , FM 544 0 E W / 6 SAGE IX / 17 CLAYBROOK O EXISTINGCREEK PHASEPHASE J �/OOK DRIVE 23 22 21 20 18 i-� 120.00' N88'S1'35"E /// I I I T2 �--� 140.00' --- J II 1XI1 -_....y... r m o 25.00'25.00- ( 1 2 NI- g� 5 in 27 0. ( KATIE CIRCLE 588,1'35"W I I N88'51'35"E pj i 1 \ 120.00' , VI DO i' \ �\ \ e I I 140.00' �i �� i' \ \\ \ 0 P: 3 1:c-,_lif3 11 • N88'S1'35'E -N::: \\ �\fl \ \ 588'S1'35"W �I 139.90' O� 30 3, 32 33 3a \\ \ \ _ 120.20' + I 28 29 \\ �2 \ \ 20 i'''''EL''' 3 \ \\ \14I �' -�-sa�rfi - i N89'44'55"E 594.91' \\ \\\ 3 5891294 5"W 1 ' 1O o}'G\10 - 61.76, 60.00, 60.00, 60.00, 60.00' 60.00' 60.00' 60.00' 60.00' 53.12\ ' \\\ 21 b 2 N \ F\ \ 1 NOTES: ap < 5 al 1 Y s J'I m a 3 3 3 O 3 3 3 3 3 3 \\ c 1 1 I 1. BASIS OF BEARING DERIVED FROM TEXAS STATE PLANE COORDINATES, 'w. I 50'RADIUS TEMPORARY Cps, 1� N88'51'35'E n o o o o o o 'c,o `�, o \, TURN-AROUND EASEMENT TUBE NAD63(CORS),NORTH CENTRAL TEXAS ZONE. SAGE CREEK HASE VI O_ S89.44'55"W y� 124..3532' 3 44 0 0 43 2,0 42 0 0 41 0 8. 40 0 0 39 0 0 38 0 37 0 0 36 o Q 35 to ABANDONED UPON THE FILING OF CABINET"O', LIDS 435 n o o 'o °o n o r'o n o o :ill' THIS PLAT 2, ALL LOT CORNER ARE MONUMENTED WITH A 1/2"IRON ROD WITH A O 135.57' I i r a 5 g r< ^- r- 2 22 YELLOW PLASTIC ScAP STAMPED"DAA". M.R.C..T. o� o� o� o 0 0 0 0 o I Z 1 o 0 0 0 0 0 0 0 0 0 fo . P,o z z z z z z z z z I I 3. "N CUTS SET IN CONCRETE STREET PAVING AT ALL INTERSECTIONS o C IR o▪r� I I ` AND POINTS OF CURVATURE. 0 6 ko 0 0 9 L rp�25'BL 25.8E d_ _ 10'UE / 1 S89'44'55"W I 1S - ouE��-- - - -^-'-�-- \ 1 I I - �135d'-- ?��i'--�6.t16'-T-s'dbU�--sb.o6'--�ti:oa--6a.aor--b`b�d'- �6ds- s'do0 '5��8>'J 134.57' r; 1 4 23 I - m - N89'44'SS=E 746.01• - - - - - I N T9A L _ I ,D N HUNTERS WAY \�•T7,/✓C3 7'-- -.�_ NOTE: S89'44'55'W I ,HI �� -gyp,00'---ao.noL -50-00: SOD'---6p�Q_--SxQ�j1--S1p,Dp---6D,Q�--SO.Db -�4..33 // ���� ��� SELLING A PORTION OF THIS PLAT BY METES AND ,` 58�0_--�0�11 /,f 1 -`\ BOUNDS IS A VIOLATION OF CITY ORDINANCE AND 133.57' r o'uE D'UE - 1 STATE LAW AND L SUBJECT IT FINES AND I. I 25.8E 25.8E - WITHHOLDING OF UTILITIES AND BUILDING PERMITS. a• 8 0 ';• i w w w w w w w w w w �_ to I,o < I in p,O i0 O in © in b in in o in in O in O CI O p(� 24 \( o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o N S89'44'55"W r I� I n n o ID o 'n o n o .o n o 0 o 0 o a 'o if I, / 132.57' I 8 37 o 5 36 0 y- 35 O F 34 0 33 o a 32 ro- 31 g- 30 0 29 o a 28 o a 27 o a 26 O M z5 Gy[��1 II voi ' V) voi voi $ v1 v1 n ,n n p • 131.5' I I I(25.00'25aa' 170.00' 60.00' 60,00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.10'f S89'44'55"W 911.65' , v61/3 REE EST4Tq.1 S PHAS 1 35 RESIDENTIAL LOTS 8.313 ACRES 2 CABINET'0", IDE 3/2 REMAINDER OF M.R.C..T. WOODED CREEK ESTATES,LTD. FINAL PLAT L_----L VOLUME 5090,PAGE 1590 DOC. SAGE CREEK #2002-0011758 LEGEND _1D.R.C.C.T. PHASE IX A BL=BUILDING LINE DE=DRAINAGE EASEMENT AN ADDITION TO THE CITY OF WYLIE HOA=HOMEOWNER'S ASSOCIATION 3 MOSES SPARKS SURVEY ABSTRACT NO.849 UE=UTILITY EASEMENT D.R.C.C.T.=DEED RECORDS,COLLIN COUNTY,TEXAS COLLIN COUNTY,TEXAS M.R.C.C.T.=MAP RECORDS,COLLIN COUNTY,TEXAS NOVEMBER 2005 SCALE:1"=60' DOC#=DOCUMENT NUMBER IRF=IRON ROD FOUND OWNER IPF=IRON PIPE FOUND ASHTON DALLAS RESIDENTIAL,L.L.C. 0=DENOTES STREET NAME CHANGE 13800 MONFORT DR., SUITE 100 o=1/2"IRON ROD FOUND W/YELLOW PLASTIC CAP 972-490-3255 DALLAS,TEXAS 75240 STAMPED"DAA"(UNLESS NOTED OTHERWISE) ENGINEER •=1/2"IRON ROD SET W/YELLOW PLASTIC CAP STAMPED',A,<CM>=CONTROL MONUMENT DOWDEY,ANDERSON&ASSOCIATES,INC 5225 Nkge Creek Dike,SORB 200 Plano,Teas 75093 972.9314694 REVISED: I CAB. ,PAGE 1 OF 2 04085 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: January 24, 2006 Originating Department: City Manager Prepared By: Mark B. Roath Account Code No. #: Date Prepared: January 15, 2006 Budgeted Amount: Exhibits: One AGENDA SUBJECT: Consider and act upon authorizing the City Manager to sign an Amended Water CCN Transfer Agreement between Wylie Northeast Water Supply Corporation and City of Wylie, Texas. RECOMMENDED ACTION: Approve. SUMMARY: Sometime ago, the City of Wylie adopted an Agreement whereby the City and Wylie Northeast Water Supply Corporation adjusted their respective water CCN boundaries. After adoption by both entities and submittal of said Agreement to the State, the State has requested an Amendment to the Agreement be made. Specifically, the Amendment the State is seeking is to clarify the City's CCN boundary — that is, for the State to then approve the CCN Transfer Agreement. Note: The Corporation has already approved the Amendment (see Attached). APPROVED BY: Initial Date Department Director: \ City Manager: MBR Ol/15/06 1 AMENDED WATER CCN TRANSFER AGREEMENT BETWEEN WYLIE NORTHEAST WATER SUPPLY CORPORATION AND CITY OF WYLIE, TEXAS This Amended Water CCN Transfer Agreement ("Agreement") is executed by and between the City of Wylie, Texas ("City"), a Texas home rule municipal corporation, and Wylie Northeast Water Supply Corporation ("Corporation"),a Texas nonprofit water supply corporation organized pursuant to Tex. Rev. Civ. Stat. art. 1434a and operating under Chapter 67 of the Texas Water Code,for the purposes and consideration set forth herein. RECITALS WHEREAS, the City has been issued Certificate of Convenience and Necessity ("CCN") No. 10186 by the Texas Commission on Environmental Quality ("TCEQ") to provide water utility service to certain areas within Collin County, Texas; WHEREAS, the Corporation has been issued CCN No. 10192 by the TCEQ to provide water utility service to certain areas within Collin County, Texas; WHEREAS, the City and Corporation are both "retail public utilities" as defined in Texas Water Code § 13.002; WHEREAS, Centex Homes is in the process of developing Birmingham Farms Phase 2A ("Phase 2A"), Birmingham Farms Phase 14A ("Phase 14A"), and Birmingham Farms Phase 14B ("Phase 14B"), additions to City of Wylie, Collin County, Texas, according to the final plats thereof recorded in Cabinet N, Page 887, Cabinet P, Page 654, and Cabinet P, Page 656, of the Plat Records of Collin County, Texas, respectively; WHEREAS, the City's CCN and/or corporate limits cover most of Phase 2A and Phase 14A with the remainder covered by the Corporation's CCN, and the Corporation's CCN covers most of Phase 14B with the remainder covered by the City's CCN and/or corporate limits; WHEREAS,the parties and Centex determined that each of the above subdivisions would be better served by a single water utility provider and, with the parties approval, Centex entered into an agreement with the City to obtain service to Phases 2A and 14A and an agreement with the Corporation to obtain service to Phase 14B; WHEREAS, the parties have agreed to adjust their respective water CCN boundaries to bring Phases 2A and 14A wholly within the City's CCN and to allow Phase 14B wholly to be added to the Corporation's CCN, and to more accurately reflect the platted boundaries of certain other tracts of land currently served by the Corporation; WHEREAS, the City and the Corporation have, through good faith negotiations, resolved issues concerning the permanent boundaries of their respective water CCNs subject to jurisdiction of the TCEQ. AMENDED WATER CCN TRANSFER AGREEMENT-Page '.W at.x❑isrstalwyie Narv,eastSu01CCN F 1e 63/712005 Amendmery Ciyof Wylie iA mended W at.CCN Transfer Agrremrnt-;.4 yiie 6 Vu y[e NorareastW SC[F1natl wpa NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, including the recitals set forth above, and other good and valuable consideration, the City and the Corporation agree as follows: 1. CCN Transfer. (a) Area 1. Subject to approval of this Agreement by the TCEQ, the Corporation hereby transfers to the City, and the City hereby accepts, that certain 35.41± acre portion of the Corporation's CCN No. 10192 described by metes and bounds in the attached EXHIBIT "A" and shown on the map attached as EXHIBIT "B" under the designation "Area 1." (b) Area 2. Subject to approval of this Agreement by the TCEQ, the City hereby waives any objection it may have to the Corporation amending its CON to add that certain 51.28± acres of land described by metes and bounds in the attached EXHIBIT "A" and shown on the map attached as EXHIBIT "B" under the designation "Area 2" and, in addition, the City hereby agrees to support the Corporation in obtaining said CCN amendment. 2. Regulatory Approval. After execution by the parties, a copy of this Agreement shall be filed with the TCEQ in accordance with Texas Water Code § 13.248. Within 30 days of such execution, the parties shall prepare and shall file a joint TCEQ Form 10516 (STM Form) or other appropriate application with the TCEQ to effect the formal transfer and amendment of the water CON areas described in paragraph 1 above. The Corporation shall be primarily responsible for preparation of the applications and shall bear all costs related to same. The City shall be primarily responsible for preparing an amended STM application and for filing and obtaining TCEQ approval of the STM or 13.248 application and shall bear all costs related to same. The Corporation and the City will cooperate with each other and the TCEQ to accomplish the transfer and amendment of the water CON areas described in paragraph 1 above. 3. Effect of Transfer. Upon approval of this Agreement by the TCEQ, the adjusted water CON boundaries described in EXHIBIT"A"and shown on EXHIBIT"B"shall be the water CCN boundaries between the City and the Corporation. The parties agree that, upon such approval, the City will have the sole right to provide water utility service within Area I and the Corporation will have the sole right to provide water utility service within Area 2. 4. Customers in Transfer Areas. The parties agree that on the effective date of this Agreement the Corporation has no water utility customers in Area I and the City has no water utility customers in Area 2. The parties further agree that, between the effective date of this Agreement and the Transfer Effective Date, the Corporation will not serve any new customers in Area 1 and the City will not serve any new customers in Area 2. 5. Facilities and Waterlines. There parties agree that there is no transfer of facilities, waterlines, easements or equipment under this Agreement. AMENDED WATER CCN TRANSFER AGREEMENT-Page 2 'JV ata❑isY ctaWd yfe Norrheast5UD1CCN Fib fi3!]i2095 Amendment-Ciy of WyielAmended W ata CCN Tra na fer Agre ement-Wylie 8 W yie NnrthrastW SC{Final}.wpd 6. Transfer Effective Date. The"Transfer Effective Date"shall be the date the TCEQ issues an order(s) granting and/or approving the transfer and amendment of the water CON areas described in paragraph 'I above. 7. Effective Date. This Agreement is effective and enforceable as between the City and the Corporation following execution by the parties. 8. Related Documents. The parties hereto covenant and agree that they shall execute and deliver such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out the intent of this Agreement. 9. Applicable Law. This Agreement shall be governed by and construed and enforced under the laws of the State of Texas. 10. Performance. Except for matters within the jurisdiction of the TCEQ (or its successor), any action at law or in equity brought to enforce or interpret any provision of this Agreement shall be brought in a state court of competent jurisdiction with venue in Collin County, Texas. 11. Agreement Drafted Equally. This Agreement shall be deemed drafted equally by the parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party or parties hereto shall not apply. 12. Entire Agreement. This Agreement contains the entire agreement by and between the City and the Corporation with respect to the subject matter of this Agreement. No Agreement, statement or promise made by any party to any other party, or by or to any employee, agent or officer of any party hereto, that is not contained in this Agreement shall be valid, binding or of any force or effect. Any amendments to this Agreement must be in writing and signed by the party or parties to be charged. 13. No Waiver of Government Immunity. The parties agree that neither party has waived its sovereign or governmental immunity by entering into and performing its obligation under this Agreement. 14. Exhibits. The boundary description and map attached to this Agreement as EXHIBIT "A" and EXHIBIT "B" are incorporated herein by reference for all purposes. 15. Successors and Assigns. This Agreement shall be binding upon the parties hereto and their respective successors, heirs, representatives and assigns. 16. No Third Party Beneficiaries. It is the express intention of the parties that the terms and conditions of this Agreement may be enforced by either party, but not by any third party or alleged third-party beneficiary. 17. Severability. Should any provision of this Agreement be declared void by AMENDED WATER CCN TRANSFER AGREEMENT-Page 3 F'.W ater Gistict SLW yfe Nortneasl Sil D4CCfd Fik 53T 7L2005 Arne nq me nl-sty of WylielAmended W atv CC17 Tr.nA izr Ag re emenl-W ylc 8 W yie IJormeastW SC(F inalwipd a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect. 18. Covenant of Authority. The undersigned hereby represent and covenant that they are fully authorized to sign this Agreement on behalf of their respective party. 19. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. IN WITNESS HEREOF, EXECUTED by City of Wylie, Texas, and Wylie Northeast Water Supply Corporation under the authority of their respective governing bodies on the dates indicated below. SIGNED on the day of , 2006. CITY OF WYLIE, TEXAS: By: Mark B. Roath, City Manager ATTEST: Carole Ehrlich, City Secretary AMENDED WATER CCN TRANSFER AGREEMENT-Page 4 F 1W a7n❑iss talW yie NorNeas15LY0LCC h]Fik 83114'O5/.menGmenl-Ciyof Wyl kiAmended W aier GCN Tra ns ter Ag regiment-W ylie d W yfe hlo rtke aatW SC[F inalE rpd SIGNED on the 40 day of 011,, z1,4 , 2006. ft, WYLIE NORTHEAST WSC: By: Aopli —4, 4fr m h President ATTEST: Mike Bailey, Secretary/ easurer AMENDED WATER CCN TRANSFER AGREEMENT-Page 5 EXH IB I T"A" PROPOSED WYLIE NORTHEAST CCN AMENDMENT METES& BOUNDS BOUNDARY DESCRIPTION Revised 0 1/0 612 0 0 6 AREA#2: The following described area, also known as Area#2, shall be added to the current Wylie Northeast Water Supply Corporation Convenience of Necessity(CCN #10192): BEGINNING at the intersection❑f the center of Farm to Market Highway 2514 and the center of Paul Wilson Road located in the southern portion of the Wylie Northeast W ater Su pply Corporation(WSC) CCN area; THENCE easterly along the center of Paul Wilson Road approximately 1,212 feet to a point for a corner; THENCE south 3 degrees 20 minutes east along a line approximately 304 feet to a point for a corner; THENCE south 88 degrees 44 minutes west along a line approximately 4,116 feet to a point for a corner; THENCE south 0 degrees 20 minutes east along a line approximately 975 feet to the center of Ann Drive to a point for a corner; THENCE northwesterly along the center of Ann Drive approximately 1,091 feet to a point for a corner; THENCE north 76 degrees 17 minutes east along a line approximately 76 feet to a point fora corner; THENCE north 16 degrees 23 minutes east along a line approximately 92 feet to a point for a corner; THENCE north 9 degrees 26 minutes east along a line approximately 52 feet to a point fora corner; THENCE north 1 degrees 21 minutes east along a line approximately 707 feet to a point for a corner; THENCE north 89 degrees 20 minutes east along a line approximately 3,779 feet to a point for a corner and back to the place of beginning and containing approximately 51.28 acres. AREA#1: The following described area,also known as Area#1,shall be deleted from the current Wylie Northeast Water Supply Corporation Convenience of Necessity(CCN #10192). BEGINNING at the southwest corner of the Wylie Northeast Water Supply Corporation CCN area; THENCE north 0 degree 2 minutes westalong the currentwest CCN boundary line approximately 785 feet to a point for a corner; THENCE south 89 degrees 4 minutes east along a line approximately 1,971 feet to the west right-of- way of West Gate Way to a point for a corner; THENCE southerly along west side right of way of West Gate Way approximately 764 feet to a point for a corner; THENCE north 89 degrees 45 minutes west along the current south CCN boundary approximately 1,987 feet back to the place of beginning and containing approximately 35.41 acres. Page 1 of I • • . • . Lti •... '''•: M•A 10 / I 0 LARK , , 1 . . . ! Lil >- .• _. •-i•, 1 1 '•;:,-,.,.4,...<„,z---- ,,,, CARRIEiLANE r ..,.. 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PROPOSED CCN AMENDMENT . .,• , .. ., . .Revised 01-06-2006 ,. . . .; . . ._ ..• . • . • ' • • CITY OF WYLIE Item No. FCity Secretary's Use Only COUNCIL AGENDA ITEM January 24, 2006 Council Meeting Of: Originating Department: Engineering Prepared By: Chris Hot sted Account Code No. #: Date Prepared: January 13, 2006 Budgeted Amount: Exhibits: Final Invoice AGENDA SUBJECT: Consider and act upon approval and final acceptance of the utility improvements along Cotton Belt, Jackson, and Cooper Streets and authorize final payment to Evergreen National Indemnity Company, in the amount of$58,241.45, and accept the project as complete. RECOMMENDED ACTION: Approval. SUMMARY: On November 11, 2003 Council awarded a construction contract to Rycon, Inc. for paving and utility improvements along Cottonbelt, Jackson and Cooper Streets. The project included the replacement of 5,640 linear feet of 8-inch water line, 1,600 feet of 8-inch sewer line, and approximately 1,250 linear feet of concrete curb and gutter. A change order was issued for an emergency replacement of 1,270 linear feet of 15- inch sanitary sewer along Valentine Creek. On September 16, 2004, Rycon, Inc. filed for Chapter 7 bankruptcy and the City was notified that Evergreen National Indemnity Company (Surety) would be completing the project. Rycon had essentially finished the construction project and only miscellaneous minor construction and job site cleanup remained. City staff negotiated a deduction in the contract of$18,898.24 which covered the expenses for City forces to finish the project. Final quantity adjustments for the project consisted of additional driveway and sidewalk replacement, additional water services, and general adjustments per installed quantities. The total project cost including change orders and final quantity adjustments is $391,328.66. Staff recommends final payment to Evergreen National Indemnity Co. in the amount of$58,241.45. APPROVED BY: Initial Date Department Director: CH \ 1/13/06 City Manager: \ 1 a AMIN ■■■■■ MIME IMO Nmom M Rimkus Consulting Group, Inc. :i:•: 1431 Greenway Drive,Suite 900 mm:: ri, Irving,Texas 75038 (972) 518-0900 Telephone (972) 518-0011 Facsimile (877) 271-1168 Toll Free January 4, 2006 Chris Hoisted - P.E. City of Wylie 2000 Hwy. 78 North Wylie, TX 75098 Re: Principal: Rycon, Inc. /Warrior Infrastructure, LP ("Rycon") Surety: Evergreen National indemnity Company Obligee: City of Wylie, Texas Project: Miscellaneous Improvements along Cotton belt, Jackson and Cooper Drive for Sanitary Sewer, Waterline and Asphalt Paving, Etc. Bond No.: 125141 RCG No. 221941 Dear Mr. Hoisted: Rimkus Consulting Group, Inc. ("Rimkus") has been retained by Evergreen National Indemnity Company ("Surety"), as their construction consultant, to assist them in investigating the above-captioned Project(s) completion status and reviewing payment claims. Evergreen furnished the performance and payment bonds for this project on behalf of Rycon, Inc., ("Principal"). We have prepared a revised Invoice No. 6 to reflect the additional cost which you stated the City of Wylie incurred to complete the work originally contracted by Rycon. Your e-mail correspondence of December 13, 2005 stated that the total amount of expense incurred was $18,898.24. We have shown this amount as a "Deductive Change Order" on the invoice which brings the total amount currently due to $58,241.45. We would appreciate your prompt processing of this "Application and Certificate for Payment" at your earliest convenience. All remittance information is provided on the invoice, but purposes of clarity, please remit payment to the following: Page 2 January 4, 2006 Evergreen National Indemnity Company Performance Bond Surety for Rycon, Inc. (Bond No. 125877) 10055 Sweet Valley Drive Valley View, Ohio 44125 This letter is not intended to be, nor is it to be construed as, an admission of liability or as waiving any of the rights, the defenses, whether they be mentioned in this letter or not, causes of action, remedies or the interests of Evergreen National Indemnity Company under the law, the statutes, the contractual agreement or in equity; all said rights, defenses, causes of action, remedies and interest are hereby expressly reserved. Sincerely, - - Michael C. Lamp Surety Division Manage Texas Claims Adjuster License No. 1133171 Attachment: Application and Certificate for Payment No. 6 (4 Pages) Cc: Mr. Timothy Miracle, Contract Operations Planning, LLC APPLICATION AND CERTIFICATE FOR PAYMENT PAGE 1 OF 1 PAGES TO(Owner): City of Wylie APPLICATION NUMBER: Final Distribution to: . 2000 Highway 78 North PERIOD TO: 05/31/2005 Owner Wylie,Texas 75098 ARCHITECT'S PROJECT NO.: Architect ENGINEERS PROJECT NO.: 002-64.20 Contractor FROM(Contractor): Evergreen National Indemnity Company CONTRACT DATE: January 12,2004 Performance Bond Surety for Rycon, Inc.(Bond No. 125877) 10055 Sweet Valley Drive,Valley View,Ohio 44125 CONTRACT FOR: Misc. Improvements along Cottonbelt Ave.,Jackson Ave.,Cooper Dr. CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for Payment,as shown below,in connection with the Contract. CHANGE ORDER SUMMARY 1. Original Contract Sum: $305,019.00 Change Orders approved in ADDITIONS T DEDUCTIONS 2. Net change by Change Orders: $86,309.66 previous months by Owner. TOTAL: $55,310.00 3. Contract Sum To Date(Line 1 +1-2) $391,328.66 4. Total Completed&Stored To Date: $391,328.66 APPROVED THIS MONTH 5. Retainage: NO. DATE APPROVED ADDITIONS DEDUCTIONS a. 0 %of Completed Work 3 $49,897.90 b. 0 %of Stored Material 4 12/13/2005 ($18,898.24) Total Retainage 6. Total Earned Less Retainage(Line 4 less Line 5 Total) $391,328.66 TOTAL: $49,897.90 ($18,898.24) 7. Less Previous Certificates For Payment(Line 6 from prior Certificate): $333,087.21 8. Current Payment Due: $58,241.45 NET CHANGE BY CHANGE ORDERS:I $86,309.66 9. Balance To Finish, Plus Retainage(Line 3 less Line 6): $0.00 The undersigned certifies that to the best of theiir knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance with the Certificates for Payment that were issued and payments received from the Owner,and that current payment shown herein is now due. SURETY on Behalf of CONTRACTOR: ver•reen , .tional Indem i Company State of Texas,ty p y a e/ 0 1p County of Subscribed and sworn to before me this day of :574/6/1-(I .: ,200 By: / ' 4 4� ._ ;. e: ot''"• 1, 2a06, /:, Nota Public: 9i i la-) ichael ' . Lam ��� p} 1 AO RECOMMEN • - / F r - A W -ROV .- : ,-:,.. ,. , .. .,.. 1 `' :r s'', LII't0 J.WRIGHT " r N eta,'Piiba-,state of Texas {_ .N' ss on Expire ENGINEER/DATE r';',?„ :',','''. February 22,2006 CITY OFWYLIE/DATE . Application for Payment No. 6 - Misc. Improvements along Cottonbelt Ave., Jackson ave., and Cooper Dr. Owner: City of Wylie For Period From: May 30,2004 To: May 31,2005 Project Name: Misc. Imp.Along Cottonbelt Ave.,Jackson Ave.,and Cooer Dr. Owner's Project No.: Engineer's Project No.: 002-64.20 Contractor: Evergreen National Indemnity Company Performance Bond Surety for Rycon, Inc.(Bond No. 125877) Address: 10055 Sweet Valley Drive Valley View,Ohio 44125 CONTRACT AMOUNT CONTRACT TIME Part A Amount of Contract as Awarded: $305,019.00 Contract Date: January 12,2004 Change Orders: Start Date: January 12,2004 #1 $50,210.00 Time Allotted: 120 cal.days #2 $5,100.00 Time Extensions: 0 cal.days #3 $49,897.90 Revised Contract Time: 120 cal.days #4 ($18,898.24) Elapsed: N/A cal.days %Time Elapsed N/A Remaining N/A cal.days Total Change Orders: $86,309.66 Total Adjusted Contract: $391,328.66 ESTIMATE SUMMARY Amount Completed to Date(See Attached): $391,328.66 Material on Hand(See Attached): $0.00 PROJECT TOTAL TO DATE: $391,328.66 Less 10% Retainage: $0.00 $0.00 Less Previous Payments: $333,087.21 Total Deductions: $0.00 ($333,087.21) TOTAL AMOUNT DUE THIS ESTIMATE: $58,241.45 Recommended: Recommended: By: By: Date: Date: Engineer City of Wylie MISC. IMPROVEMENTS ALONG COTTONBELT AVE.,JACKSON AVE.,AND COOPER DR. CITY OF WYLIE,TEXAS ESTIMATE NO: 6 FROM: 5/30/04 TO: 5/31/05 JOB#299 . Bid Bid Unit Unit Cost Quan to Previous Monthly Original Revised Value of Item Description Qty. Date Complete Total Contract Contract Work .. _ Amount Amount Complete JACKSON WATER 1 -__8"PVC (DR-18)C-900 1665 LF $24.00 1,665.00 1,665.00 $39,960.00 $39,960.00 $39,960.00 2 8"GATE VALVE 2 EA --$625.00 2.00 2.00 `- $1,250.00 $1,250.00 $1,250.00 3 REPLACE EXISTING 1"SERVICES 19 EA $350.00 40.00 40.00 $6,650.00 $14,000.00 $14,000.00 4 FURNISH AND INSTALL 1"SERVICES 1 EA $385.00 1.00 1.00 $385.00 $385.00 $385.00 5 FURNISH AND INSTALL FIRE HYDRANT 1 EA $2,000.00 2.00 _ 2.00 $2,000.00 $4,000.00 $4,000.00 6- DISCONNECT AND RECONNECT FIRE HYDRANT 2 EA $900.00 2.00 2.00 $1,800.00 $1,800.00 $1,800.00 7 CONNECT TO EXISTING WATER LINE 6 EA $1,000.00 6.00 6.00 $6,000.00 $6,000.00 $6,000.00 8 SAWCUT, REMOVAL,AND REP. OF ASPHALT 130 SY _-__.- $18.00 0.00 �- $2,340.00 $0.00 $0.00 9 SAWCUT, REM.AND REP. OF CONCRETE DRIVE 95 SY $35.00 162.00 162.00 $3,325.00 $5,670.00 $5,670.00 10 SAWCUT, REM.AND REP. OF CURB&GUTTER 20 LF $20.00 87.00 87.00 $400.00 $1,740.00 $1,740.00 11 SAWCUT, REM,AND REP. OF SIDEWALK -- - - 10 LF $30.00 26.00 26.00 $300.00 $780.00 $780.00 12 FURNISH AND INSTALL SOD 360 SY 4.00 450.00 450.00 $1,440.00 $1,800.00_ $1,800.00 13 FURNISH AND MAINTAIN TRENCH SAFETY SYS 1665 LF t $1.00 1,665.00 1 665.00 $1,665.00 $1,665.00 $1,665.00 SUBTOTAL -JACKSON WATER $67,515.00 $79,050.00 $79,050.00 COOPER WATER 14.8"PVC(DR-18)C-900 855 LF $25.00 930.00 930.00 21 375.00 2$ $ 3,250.00 $23,250.00 15 8"GATE VALVE 2 EA $1,000.00 2.00 2.00 $2,000.00 $2,000.00 $2,000.00 16 FURNISH AND INSTALL8"PLUG 1 EA $300.00 1.00 1.00 -- --_. _ $300.00 $300.00 $300.00 17 REPLACE EXISTING 1"SERVICES ------- 9 EA $350.00 18.00____ 18.00 -- --_-- - - _ ---- .-- __ .. _ ------------ -- ----- $3,150.00 $6,300.00 $6,300.00 18 REMOVE EXISTING FIRE HYDRANTS 2 EA $200.00 2 00 $4 --- 00.0D $400.00 $400.00 19 FURNISH AND INSTALL STANDARD FIRE HYDRANT 2 EA $2,000.00 2.00 2.00 - 0 0 $4,000.00 $4,000..00 $4,000.00 20 DISCONNECT AND RECONNECT FIRE HYDRANT 1 EA $800.00 1.00 1.00 $800.00 $800.00 $800.00 _- 21 CONNECT TO EXISTING WATER LINE 1 EA $1,000.00 1.00 1.00 $1,000.00 - $1,000.00 $1,000.00 22 REMOVAL AND REPLACEMENT OF MAILBOXES 3 EA $100.00 3.00 3.00 $300.00 $300.00 �300.00 23 SAWCUT, REM,AND REPLACE DRIVEWAY _ 130 SY $35.00 161.50 161.50 $4,550.00 $5,652.50 5 652.50 24 FURNISH AND INSTALL SOD 100 SY $4.00 5.00 5.00 $400.00 $20.00 $20.00 25 FURNISH AND MAINTAIN TRENCH SAFETY SYS 855 LF $1.00 930.00 930.00 $855.00 $930.00 $930.00 SUBTOTAL-COOPER WATER: $39,130.00 $44,952.50 $44,952.50 COTTONBELT SANITARY SEWER 26 8"PVC SDR-35 SEWER PIPE 1580 LF $25.00 1,580.00 1,580.00 $39,500.00 $39,500.00 $39,500.00 27 REMOVE AND REPLACE MANHOLES 4'DIAM 4 EA $2,000.00 4.00 4.00 $8,000.00 $8 000.00 $8,000.00 28 FURNISH AND INSTALL 4"DIAM MANHOLE - 2 EA $1,850.00 2.00 2.00 $3,700.00 $3 700.00 $3,700.00 -- 29 DISCONNECT AND RECONNECT SS SERVICES 13 EA _ $300.00 18.00 18.00 - - $3,900.00 $5 400.00 $5,400.00 30 FURNISH AND MAINTAIN TRENCH SAFETY SYS 1580 LF $2.00 1,580.00 1,580.00 $3,160.00 $3 160.00 $3,160.00 SUBTOTAL-COTTONBELT SANITARY SEWER: $58,260.00 $59,760.00 $59,760.00 Page 1 of 2 Bid Bid Unit Unit Cost Quan to Previous Monthly Original Revised Value of 1 Item Description Qty. Date # Complete Total Contract Contract Work Amount Amount Complete COTTONBELT WATER 31 8"PVC(DR-18)C-900 2080 LF $24.00 2,105.00 2,105.00 $49,920.00 $50,520.00 $50,520.00 32 8"GATE VALVE - ----- -_ 6 EA $650.00 7.00. 7.00 $3,900.00 $4,550.00 $4 550.00 33 INSTALL CONCRETE ENCASEMENT 20 LF ------- $12.00 ---- 0.00 , -- - $240.00 $0.00 $0.00 34 REPLACE EXISTING 1"SERVICES --�26 EA $350.00 26.00 25.00 $9,100.00 $9,100.00 $9,100.00 35 FURNISH AND INSTALL 1"SERVICES EA -- 2 m._ -----_ _---__-.- $400.00 3.00 3.00 _-- $800.00 $1,200.00 $1,200.00 36 FURNISH AND INSTALL FIRE HYDRANT 1 EA $2,350.00 1.00 1.00 $2,350.00 2 350.00_ $ $2,350.00 37 CONNECT TO EXISTING WATER LINE 3 EA $1,000.00 5.00 5.00 $3,000.00 00.000 5 -,- $ , $5,000.00 38 SAWCUT, REM,&REP. CONCRETE PAVEMENT 20 SY $50.00_ 20.00 20.00 $1,000.00 1 $ 000.00 $1,000.00 39 SAWCUT, REM,AND REP. OF SIDEWALK 45 SY _ $30.00 115.50 115.50 $1,350.00 3 465.00 $ $3,465.00 40 FURNISH AND INSTALL SOD 200 SY $4.00 850.00 850.00 400.0000. _---_--$800 3 $ $3,400.00 41 FURNISH AND MAINTAIN TRENCH SAFETY SYS 2080 LF $1.00 2,105.00 2,1 05.00 105.0.080 $2 0� 2 3 $ 0 $2,105.00 SUBTOTAL -COTTONBELT WATER: $74,540.00 $82,690.00 $82,690.00 C.O.#2 DISABLEING EX LINE/TAPPING SLEEVE&VALVE LS 300.4 $ 00 $4,300.00 EXTRA WORK Reconnecting ex 4"Iine14120104 - --$800.00 $800.00 SUBTOTAL COTTONBELT WATER: $87,790.00 $87,790.00 COTTONBELT PAVING 42 MILLING AND REMOVING 5"OF PAVEMENT 3650 SY $4.00. 3,650.00 3,650.00 $14,600.00 $14,600.00 43 FURNISHING CEMENT STABILIZATION 17 TONS $110.00 17.00 17.00 $1,870.00 $1,870.00 44 INSTALLING 6%CEMENT STABILIZATION 4510 SY $2 - ----�- .50 4,510.00 4,510.00 $11,275.00 $11,275.00 $11,275.00 45 REMOVE AND REPLACE 30"CURB&GUTTER 2135 LF $13.40 2,076.00 2,076.00_ $28,609.00 0 $27,818.40 � $27,818.40 46 SAWCUT, REM,&REP CONCRETE PAVEMENT 275 SY $35.00 482.00 482.00 -- -_ $9,625.00 $16,870.00 $16,870.00 47 SAWCUT, REMOVE AND REPLACE DRIVEWAY 120 SY $30.00 271.70 271.70 $3,600.00 $8,151.00 $8,151.00 SUBTOTAL -COTTONBELT PAVING: $69,579.00 $80,584.40 $80,584.40 VALENTINE SEWER C.O.#1 1 15"PVC DR35 SANITARY SEWER .- 1270 LF $31.00 1,430.00 44 1,430.00 $39 370.00 $ 330.0D $44,330.00 2 REM. &REPLACE EX. MANHOLES 4 EA $2,000.00 5.00 5.00 $8 000.00 $10,000.00 $10,000.00 3 RECONSTRUCT EX. SEWER SERVICE 1 EA $300.00 3.00 3.00 $300.00 900.0 $ 0 $900.00 4 FURNISH AND MAINTAIN TRENCH SAFETY SYS 1270 LF $2.00 1,430.00 1,430.00 $2 540.0p - $2,860.00 $2,860.00 SUBTOTAL -VALENTINE SANITARY: $50,210.00 $58,090.00 $58,090.00 PREVIOUS ESTIMATES ORIGINAL CONTRACT AMOUNT $305,019.00 es#1 $32,678.10 AMOUNT OF WORK COMPLETED es#2 $54,453.60 $39'I,328.66 APPROVED CHANGE ORDERS $86,309.66 es#3 $74,691.63 TOTAL COMPLETED TO DATE es#4 86 954.13 0 $39�!,328.66 $ LESS 1 0/o RETAI NAG E $0.00 es#5 $84,309.75 AMOUNT PREVIOUSLY PAID $333,087.21 TOTAL AMOUNT DUE THIS ESTIMATE $58,241.45 TOTAL PREVIOUS ESTIMATES $333,087.21 Page 2 of 2 CITY OF WYLIE Item No. G City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: January 24, 2006 Originating Department: Library Department Prepared By: Rachel Orozco Account Code No. #: Date Prepared: 01/1 h/Oh Budgeted Amount: NA Exhibits: 2 AGENDA SUBJECT: Consider and act upon authorizing the Mayor to enter into an Interlocal Agreement with Collin County and the Rita and Truett Smith Public Library for library services for fiscal year 2005-2006. RECOMMENDED ACTION: Approval SUMMARY: The Smith Public Library receives funding from Collin County. Collin County will fund the Library in the amount of$21,779.33 for the fiscal year 2006 (October 2005 through September 2006). APPROVED BY: Initial Date Department Director: RO \ 1/16/06 City Manager: \ 1 January 16, 2006 TO: Mayor Mondy and Members of the City Council FM: Rachel Orozco, Library Director THRU: Mark Roath, City Manager RE: Interlocal Agreement between Collin County and the Rita and Truett Smith Public Library Collin County funds libraries in the County each year. In fiscal year 2006 (October 2005 through September 2006), Collin County will fund the Library in the amount of$21,779.33. Cc: Carole Ehrlich, City Secretary THE STATE OF TEXAS COUNTY OF COLLIN INTERLOCAL AGREEMENT BETWEEN THE COUNTY OF COLLIN AND RITA& TRUETT SMITH PUBLIC LIBRARY I. agreement is made and entered by and between Collin County, a This "COUNTY" of the State of Texas,hereinafter referred to as the political subdivisionzi RARY's and Rita&Truett Smith Public Library;hereinafter referred to as the LIB II. The COUNTY and the LIBRARY agree as follows: organizedpolitical COUNTY is a duly subdivision of the State of Texas of CountyGovernment and related services for the engaged in the administration benefit of the citizens and residents of Collin County. The LIBRARY isCity ' a Council created entity established for administering ary libr services for the general public in Collin County, Texas. and providing The undersigned officers or agents of the COUNTY and the LIBRARY are officials and a g ents and each has the necessary authority to properly authorized execute this contract on behalf of said agent's principal and that any necessary resolutions or orders extendingsaid authority have been duly passed and are now in full force and effect. agr ees COUNTY a ees to fund the LIBRARY in the amount of$21,779.33 for 2005 the 2006 fiscal year(Octoberthrough September 2006) of the COUNTY, under the conditions and terms set out herein. In exchange for said funds provided by the COUNTY,the LIBRARY will provide the following services to the citizens of Collin County for the year of 2006: The LIBRARY shall continue to provide full library services for residents of Collin County, Texas, without distinction between those who reside within or without an incorporated area of the county. The LIBRARY shall perform such other functions and duties as q may be required of it by law or by lawful authority. All benefits and services provided by the LIBRARY and the administration its inconformitywith all State and Federal ro axn or programs shall b e done °f p � gender or ethnic background o f the Laws and without regard to race,religion,re and to the immigration status of the persons persons being served, and withoutg being served. pr ovided funds to the LIBRARY by the COUNTY shall be used solely for library services to the public. . . prepare and keepaccurate and current records The LIBRARY shall diligently actions andinspection expenditures andshallp of its board meetings, official � • authorized agents of the Commissioners Court, and copying of said records by g � A.M. to p Auditor of Collin County, Texas from 8:00 oo A District Attorney and County holidays). on officially recognized 5:00MondaythroughFriday of each week(except P.M. Further,the LIBRARY agrees to submit to audits by the County Auditor in accordanc e with the directions of said official. withTexas Open Records Act and the Texas LIBRARY shall comply the The deemed confidential by law Act, provided Open Meetings A , that matters and records deem shall not be compromised. provided bythe LIBRARY, the COUNTYFor the aforementioned services agrees the full performance of this agreement.. the sum a to paybasis,' to the LIBRARY for LIBRARY understands and agrees of$5 �44.8 3 on a quarterly b asks. The ' LIBRARY shall be made in accordance with the bythe COUNTY to the that payment normal and customary processes and business procedures of the COUNTY, and in conformance with applicable state law. • waive or shall be deemed herby to Neither of the parties to this agreement would otherwise be available to it against claims waive any immunity or defense that 'snot • governmentalpowers and functions. The LIBRARY i arising from the exercise of legal place the COUNTY under any manner of g given authority by this contract to made an agent person, entityor agency, g obligation to any third party, p � and is not hereby does not have of incurring liability. The LIBRARY of the COUNTY for the purpose or liabilityon authorityor legal capacity to admit or confess error under this agreement g behalf of the COUNTY. The effective date of this agre ement shall be the day that it is signed by both parties. Thisof its terms and provisions, as well as the rights and agreement and any shall be governed by the laws of the State of Texas. duties of the parties hereto portion the event that any of this agreement shall be found to be contrary hereto that the to law, it is the intent of the partiesremaining portions shall remain valid an d in full force and effect to the extent possible. this,in duplicate originals the day of , 2006. BY: The County Judge of Collin County, Texas BY: Date The Authorized Representative of Rita&Truett Smith Public Library ATTEST: Witness CITY OF WYLIE Item No. H City Secretary's Use Only COUNCIL AGENDA ITEM January 24, 2006 Council Meeting Of: Originating Department: Public Services Prepared By: Michael Sferra Prepared: January 13, 2006 Account Code No. #: 1 21_5622-58150 Date Pre P Budgeted Amount: $9.490.76 Exhibits: 2 AGENDA SUBJECT: Consider and act upon authorizing the Mayor to execute a Discretionary Service Agreement with TXU Electric Delivery Company and a Statement of Charges in the amount of$9,490.76 for the relocation of overhead electrical service lines in Olde City Park as part of improvements to Olde City Park. RECOMMENDED ACTION: Approval. SUMMARY: On December 14, 2004, Council approved Resolution 2004-25(R) entering into an interlocal agreement with Collin County to implement a $150,115 park grant received from Collin County for improvements to Olde City Park. On December 6, 2005 Council approved an ordinance to amend the FY 2005-06 budget in the amount of$200,000 to complete the improvements that were already underway at the park as part of a current Collin County parks and open space grant project. This portion of the improvements is for the relocation of existing overhead TXU wiring which currently bisects the park. The overhead lines and associated poles will be removed, and the lines will be placed underground. This project consists of the City's furnishing TXU Electric Delivery with 300 feet of two-inch schedule 80, gray PVC, electric grade conduit and TXU's relocation of approximately 420 feet of three phase primary and secondary service. Funds for costs associated with this project are in the Park Acquisition and Improvement Fund budget as made available by the December 6, 2005 budget amendment previously mentioned. APPROVED BY: Initial Date Department Director: MS \ 01/13/06 City Manager: \ 1 Jan 19 06 1 1 : 53a P- 1 ....-.%i-,-. .„.,....i....,,,:... D(,.....-.,,..--:...:i 41'5LI".'-' Electric Delivery TXU Ligthic DelninrY JUT in If.F.Hansen lin W.Mel:lemon Slide 200 I'MDS Projoa Manouv,Lc:E.-3 AtIPA Tc xiz 7.S111:4 472 396.6321 12/29/1005 Mt.Bill Nelson 949 I lensiey Lane Wylie,Texas 75098 RE:Old City Park Relocation Dear Mr.Nelson: Endowl please find an executahk:copy of a Dtticretionary Service Agreement with TXU Electric Delivery company anti a stateroom of Charges in thk amount of S 9,490.76 for the provision of disctetionary servicki-s for dm abovc n716enced projceL Please°waft the swollen'in the area designated as Accepted by Customer and return the aut....anent to this office along with your temittance in the vanount indicated above. If you have miy questions regarding this mitlici.,!Awe call. Sincerely, 1(1,, , . James F.I lamen "eir PMDS Project Manager,Lead 972 396-632 I Jan 19 06 1 1 : 53a p' 2 Oh TXU -v4.00, Electric Delivery REMIT TO and MAKE CHECK PAYABLE TO: r- ..._______, TXU Electric Delivery Statement 103 W.McDermott,Suite 2001 Allen,Texas 75013 Attn: James F. Hansen Chag e Fax: 972 196 6333 ,�..,. Customer: ..,., ,,,,.. I one: City of Wye Address: 9 Hensley Lane WA - 2780 l City: Wylie State: Tx hp: 75098 Date: December 29,2005 ATTN: Bill Nelson TDescription�tY Unit Price Total 1 Remove trend Line 0 Old City Park NiA $9,440.76' 17:—' — — — _i Total Due I Upon Receipt $9,490.76 Remit payment to the above address. r> Please include the WR It on your check. If you have any questions about this Statement of Charges please contact LaiLics F. Hansen at 972 396-6321. (2005 Statement n!Charm} .doc) MNnrak Juno 2005 Jan 19 06 11 : 53a P, 3 Tarriff for Retail Delivery Service TXU electric Delivery Company 6.3 Agreements and id Forms Applicable:Entire Certified Service Area F y�Qn:..�fl final �Cctive Date!.tartuapf 1.21�2 a, _ .._ ., 6.3.4 Discretionary Service Agreement is made and entered i thisday TXU Service nit("Agreement") 30 �ticxt . and � e T Electric�� y"or ,a Texas ration and distribution referred to collectively ��� ��U � or both F� I+R("Customer).a�i�each hereinafter sometimes referred to individually a.agree�' b both ����'t•�ar#ies*. In consideration of the mutual covenants forth herein,the Parties as llowc 1. Discretionary Se r~V1C cs to be Provided Company agrees to provide,and Customer agrees to pay fur,the following discretionary services in accordance with this Agreement. - F t ITiES R LOCA iIOhlli�EMQYAL CHARGE. .S! of Wylieto furnish TXU Electric,Delivery _�]� AC l � r r " schedulevc rrleetric�rade conduit_ T Electric: ejiverl will removi� app. 4 ZQft of &phase t�i7f t_ of 40 r a ros S g.4tJQ,7�;_. 7.2/t 2.5kv primary fir ser:ondary as shown on the ached conetrucUot,L,Sketch,for _ Nature of Service a Company's Retail Delivery Service Tariff--Any discretionary services covered by by Customer., in accordance thisService A. Via be provided •_. Substantive Rules and Company's Tariff for Retail De Sennc a rr lud Retail Delivery Paine Utility rruti Eton of Texas 13� T r''!�` Y 1 i red ,as it may from time to time be fixed and approved by, refuse �y Regulationsail') During the of the Agreement, is enter to discontinue serer, in service, or Company's Head 1 anff�. the term � pLfCT and initiation � under this �"� in accordance with SubstantiveUnless Company's Retail Delivery Tarp is part of this Agreement to the same extent as if fully set out herein. DeliveryTariff. meanings ascribed tfer�a in ,s Retail otherwise expressly stated in this , the terms used herein have the mean Delivery"I arm. Discretionary Service Charges -- Charges for any discretionary services covered hY this Agreement PUC to determined in accordance D with Company's Retail Delivery Tariff. Company and Customer agree to comply or court orders concerning discretionary service r:lrargcs. 4. Term and Termination--This Agreement becomes effective t onjScccptance,and continues in effect until 03-30-20(36- 'ferrtorl�atron of this Agreement does not relieve Company or Customer of any obligation accrued or accruing prior to termination. Other Obli ations — This Agreement does not obligate Company to provide, or entitle Customer to receive,any service 5. ,No9e not cxpTesOy provided for herein__ Customer toner is responsible for making the arrangements necessary it to receive any turther services that it may desire from Company or any third party. Law and Regulatory Authority--This Agreement was executed in the State of Texas x must G. Governing construed.and enloiced in accordance with the laws thereof. 'Tins Ag �al respects be by,interpreted, �d nth and regulations of � constituted �t to � vakd, ��. federal, Mate, and k laws. ,�, regulatory ids having lion. - which Amendment —This Agreement may be amended only upon mutual agreement of the Parties, s, which PUCT 7_ But changes to applicable amendment will not be effective until reduced to writing, and executed by ther Parties. upon their effective date and do riot Substantive Rules and Company's Retail Delivery'l miff are applicable to this Agreement require an amendment of this Agreement. Agreement and for Agreements Su -- This Agreement, including all attached 8. Entirety of hared for all , constitutes the entire agreement and understanding Exhibits, which are expressly a expressly �in thisAgreement, The Parties are not bound by or between ��with regard to the service(*) ,� or!!l� 01 any�[f�or�(whether liable f��� repre� ,�r�e,mdttt�, rt�ri for heron. �roerr�'t�aft vicar - en or wish to t1`��tma ''herr!of nuY set forth orr'p _ moor t��. +An#hoot wry regard the Parties with to the� including limitation and all such agreements and undertakings are agreed agreements and undertakings,oral or written, regard to no longer be of any force or effect. It is expressly acknowledged that the Parties may have oilier agreementsim other&entices not expressly provided tor herein.which agreements are unaffected by this Agreement Noticesgiven under r this Agreement are deemed to have been duly delivered if hand delivered or g, Notices-- 9 sent by united States certified mail,return receipt requested.postage prepaid,to: (a) It to Company; TXU Electric Delivery Attn:James F.Hansen 103 W.Meijermott Suite 200 Allen,Tetras 75013 Jan 19 06 11 : 53a p. 4 (b) It to Customer: pity of g 949 Hensley Lane he.Texas.12)211 The above-listed names.titleb►,and addresses of either Party may be changed by written notification to[he other. 10. Invoicing and Payment Invoices for any discretionary servicos covered by this Agreement will be mailed by Company to the following address(or such other address directed in writirig by Customer),unless Customer is capable of receiving electronic invoicing from Company,in which case Company is entitled to transmit electronic invoices to Customer. TXU Electric Delivery Ann:James F.Hansen 103 W.McDermott Suite 200 Allen,Texas 75013 It Companytransmits electronic invoices to Customer. Cyr mustmake payment to Company by nic fundstry_ lectronic Ong and by ronic funds transfer we be in accordance with Company's Surd procedures. Company must receive payment by the due date specified on the irrv+a ce- if payment is not received by the Company by the due date shown on the invoice,a late tee will be calculated and added to the unpaid balance until the entire invoice is paid.The late lee will be 5%of the unpaid balance per invoice period. 11, No Waiver--The failure of a Party to this Agreement to insist,on any occasion,upon strict performance of any provision of this Agreement will not be considered to waive the obligations,rights,or duties imposed upon the Parties. 12. Taxes--All present or future federal,state,municipal,or other lawful taxes(other than federal income taxes) applicable by reason of any service performed by Company.or any compensation paid to Company,hereunder must be paid by Customer. 13. Headings -- The descriptive headings of the various articles and sections of this Agreement have been inserted for convenience of reference only and are to he afforded no signifiCar'ice in the interpretation or construction of this Agreement. 14. Multiple Counterparts--This Agreement may be executed in two or mom counterparts,each of which is deemed an original but all constitute one and the same instrument. 15. Other Terms and Conditions- City of Wylieagrees that payment shall be made within 30 days of the date the project is corn ptatnd or the date the invoice is received,whichever is later. _t x t U Electric Delivery City of Wyi ir. BY:. BY: .. £4,e/iitr,iei DATE: L DATE;__ CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM January 24, 2006 Council Meeting Of: Originating Department: Parks Prepared By: .Tim Holcomb Account Code No. #: 112-5614-58150 Date Prepared: January 13, 2006 Budgeted Amount: $77,000.00 Exhibits: Bids, Contract AGENDA SUBJECT: Consider and act upon awarding a contract to C & G Electric, Inc. for the installation of lighting at the Founders Park Tennis Center and authorizing a change order to reduce the scope of work resulting in a total contract price of$84,680.00. RECOMMENDED ACTION: Staff recommends awarding contract. SUMMARY: The 4B Parks budget for fiscal 2006 includes an allocation of$77,000.00 for the installation of lighting at the Founders Park Tennis Center. There are also surplus funds available from the 1999 bond issue for Founders Park lighting. Competitive sealed bids have been solicited for the work in accordance with Chapter 252 of the Texas Local Government Code. Bids were submitted by C & G Electric in the amount of$96,800 and Liteco Electric in the amount of$99,925. The low bidder, C & G Electric, has agreed to a change order which would reduce the scope of work and result in a total contract amount of$84,680. Staff proposes to fund the project using the $77,000 budgeted in 4B account number 112-5614-58150 (land betterment) with the remaining $7,680 coming from the '99 bond issue account 431-5831-58275 (athletic field lighting). Approximately $15,000 of $60,000 surplus 1999 bonds funds were being held for potential payment to the contractor that performed work on the Founders Park lighting project. The contractor defaulted on the project, had outstanding invoices, and the project was turned over to the surety company and eventually completed. During the budget process for FY 2005-06, staff sought clarification from the City Attorney regarding the surplus funds, questioning if the contractor could still seek payment for outstanding invoices. The City Attorney advised the City that the remaining funds did not have to be held in anticipation that the contractor might seek payment and that final payment to the surety company essentially completed the project. While information was being sought regarding the funds in question,the tennis court lighting project was included in APPROVED BY: Initial Date Department Director: MS \ 1/18/06 City Manager: \ 1 AGENDA SUBJECT: Consider and act upon awarding a contract to C & G Electric, Inc. for the installation of lighting at the Founders Park Tennis Center and authorizing a change order to reduce the scope of work resulting in a total contract price of$84,680.00. SUMMARY: (Continued) the Parks 4B budget request for FY 2005-06. Staff now anticipates that the remaining 1999 surplus bond funds may be used in conjunction with the scheduled 2005 bond program improvements for Founders Park. The tennis courts were constructed by the WISD when the WISD football stadium was built several years ago. Electrical panels, conduit, and concrete light pedestals were installed by WISD, and the City assumed the responsibility for installing the electrical wiring, lights, controls, and related appurtenances. Currently, an informal agreement exists between the WISD and the City regarding the operations and maintenance of the tennis courts. The WISD is responsible for all costs and maintenance related to the courts, i.e., nets, fencing, painting, windscreens, etc., and the City is responsible for the cost, operations, and maintenance of the electric lighting system. Currently, the WISD has use of the courts from 9:00 a.m. to 6:00 p.m. Monday through Friday and for other scheduled school tournaments and events. They will coordinate with the City regarding use of the courts for tournaments. At all other times, the courts will be available to the general public on a first-come first-serve basis. New, updated signage will be installed at the tennis courts to inform users about essential contact information and how to use the lights. The courts are divided into two banks of four courts each. At this time, it is anticipated that it is necessary to allow access to the lights on only one bank of courts until demand exceeds the capacity of four courts. Initially, the lights can be turned on for one-hour increments by pressing a button located next to the gate inside the bank of courts. The time increment is programmable and can be adjusted by staff at any time to allow for longer or shorter durations. A visible flashing strobe light will alert the players that the time increment is nearing completion, and the players can push the button again to receive additional time. Since the park closes and midnight, the lights will be programmed to shut off at this time. However, staff can program the lights to stay on longer and/or to stay on without the need to depress the button for additional time if desired for any reason, such as tournament play. Currently, the City has not established a fee for use of the tennis court lights. Staff is willing investigate the possible implementation of a fee schedule for use of the tennis court lights if so desired. 2 CONTRACT STATE OF TEXAS } COUNTY OF COLLIN } THIS AGREEMENT, made and entered into this 6th day of December, 2005, by and between The City of Wylie, a municipal corporation of the County of Collin and the State of Texas, Party of the First Part (hereinafter termed "City"), and C & G Electric, Inc. of the City of Denton, County of Denton and State of Texas, Party of the Second Part (hereinafter termed"Contractor"). WITNESSETH: That for and in consideration of the payments and agreements hereinafter set forth, the City and Contractor agree as follows: THE CONTRACTOR shall perform all of the work as specified in the contract documents, generally described as: INSTALLATION OF LIGHTING AT FOUNDERS PARK TENNIS CENTER and all extra work in connection therewith under the terms of the contract documents and, at Contractor's own proper cost and expense, shall furnish all materials, supplies, machinery equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete said work in accordance with the conditions and prices stated in the bid attached hereto. THE CITY shall pay the Contractor for the performance of the work, subject to additions or deductions by change order or as otherwise provided in the contract documents, in current funds, the sum of Eighty-Four Thousand Six Hundred-Eighty Dollars ($84,680.00). THE CONTRACT DOCUMENTS shall consist of this written agreement, the bid specifications, Contractor's Bid Submittal and the construction plans, all of which constitute the entire agreement between the City and the Contractor, and are as fully a part of this contract as if attached to or repeated in this agreement. IN WITNESS WHEREOF, the parties have executed this agreement in the year and day first above written. CITY OF WYLIE CONTRACTOR By: By: Attest: Bid Specifications for Sports/Area Lighting and Electrical Founders Park Tennis Center The City of Wylie Wylie, Texas Revised: 12/08/05 INVITATION FOR BIDS City of Wylie Texas Sports/Area Lighting and Electrical at Founders Park Tennis Center The City of Wylie is soliciting competitive sealed bids for furnishing all labor, equipment and materials for the lighting of the existing tennis courts, at Founders Park. Bids will be accepted at the Wylie Municipal Complex- Office of the Purchasing Agent, 2000 North Highway 78, Wylie, Texas until 2:00 pm January 11, 2006 at which time and place they will be publicly opened. Bid documents may be obtained at the office of the Purchasing Agent (972-442-8142) and will be available to pre-qualified contractors only. Bids shall be submitted on bid forms furnished in the specifications. The City reserves the right to reject any or all bids, to waive technical errors and to accept the bid which provides the best value for the City. A mandatory Pre-bid site visit will be held on Wednesday, January 4, 2006 at 9:00 am. This site visit is to familiarize the contractor with the site and to clarify any and all questions. Only those contractors present at the pre-bid will be allowed to bid this project. Any bids received by non attending contractors will be non-responsive and will not be opened or considered. For directions to Founders Park, contact Bill Nelson, Parks Superintendent, at 972/442-75 8 8. Non-resident bidders must accompany any written bid documents with a written opinion of an attorney-at-law licensed to practice law in such non-resident bidder's state of domicile, as to the preferences, if any or none, granted by the law of that state to its own business entities whose principal places of business are in that state in the letting of any or all public contracts, in accordance with Texas Law. Notice of Sales and Use Tax Exemptions: Materials incorporated into the work are exempt from sales and use tax pursuant to Texas state laws. The City of Wylie Founders Park Tennis Center BID FORM Due Date: January 11, 2006, 2:00 pm Wylie Municipal Complex To: The City of Wylie Date: In compliance with your Invitation for Bids and subject to all the conditions thereof, the undersigned (Legal Name of Bidder) hereby proposes to furnish all labor and materials and perform all work required for the construction of work as outlined in the project documents and specifications. The Bidder, which is organized and existing under the laws of the State of , having its principal offices in the City of , Is ❑ a Corporation ❑ A Partnership ❑ an Individual ❑ (other) . LISTING OF PARTNERS OR OFFICERS: If Bidder is a partnership, list all partners and their addresses; if Bidder is a corporation, list the names, titles, and business addresses of its officers: BIDDER'S REPRESENTATION: The bidder declares that it has examined the site of the Work, having become fully informed regarding all pertinent conditions, and that it has examined the Drawings and Specifications (including all Addenda received) for the work and the other Bid and Contract Documents relative thereto, and that it has satisfied itself relative to the Work to be performed. Addenda: The Bidder acknowledges receipt of Addenda Nos. . Total Bid for construction complete as shown and specified, the sum of Dollars ($ )• ONLY SPECIFIED MATERIALS OR CONDITIONS ARE ALLOWED. We propose to complete the work in consecutive calendar day (CCD). Bidder's Texas Electrical License: State of Texas Electrical License: License Number License holder CERTIFICATIONS:The undersigned certifies that he or she is authorized to execute contracts on behalf of the bidder as legally named, that this proposal is submitted in good faith without fraud or collusion with any other bidder,that the information indicated in this document is true and complete, and that the bid is made in full accord with Texas State Law. Notice of acceptance may be sent to the undersigned at the address set forth below. Items to include with bid(please check to acknowledge item included) All items must be included to be considered. Bids received without required information will be considered a non-responsive bid and will not be considered. ❑ Point by Point Lighting Designs by Qualite. ❑ Aiming Diagram and Pole Location. ❑ Wind Calculations for Lighting Equipment stamped by a registered PE. ❑ Pole Drawings with hardware layout and critical pole dimensions. ❑ All electrical work, service panels, and convenience outlets included in price as outlined in the attached specifications. ❑ Price includes specified product. ❑ Price includes maintenance diagnostic testing equipment as specified. Legal Name of Bidder Mailing Address Legal Signature Name (type or print) Title (Seal) Telephone Number Price Guarantees A. Material Cost included in developing the bid price shall include freight, delivery and manufacturer's warranty from the date of initial substantial completion. Materials cost shall include all incidental material cost associated with the item listed(e.g., lamps, wire, conduit, associated hardware, including materials required for a complete and working project). B. Prices shall be firm for contract term. C. Pricing shall be based on the provisions and scope as defined in this bid document, General Electrical, and scope of work/specifications. D. Do not include sales tax in this bid. E. Price shall include permits, fees, and all power company cost including application for power fees. F. No change orders will be allowed unless the owner changes the scope of the project in writing. GENERAL NOTES AND OVERVIEW OF PROJECT REQUIREMENTS PART 1- GENERAL SCOPE- A. This Invitation for Bids and the enclosed specifications are representative of a lighting system to provide adequate lighting and performance for eight tennis courts and area lighting for the playground, security lighting and associated electrical. B. This Invitation for Bids is intended to represent a complete system ready for turn over to the city for use. The bid price shall include any/all power application fees, license, delivery cost, equipment cost, labor and any and all related cost associated with a complete project. C. Any and all damages to turf, fences, pavement, concrete, sidewalks, utilities, landscaping and/or any pre-existing equipment or building is the contractor's responsibility. D. The successful contractor is responsible for supplying complete electrical drawings and details stamped by a registered engineer as required by the local and state codes including but not limited to International building code. This data shall be supplied within the contractor's submittals after the execution of the construction contract. It is the contractor's responsibility to conform to all city inspector's requirements for code compliance. E. All site information included in the specifications must be confirmed by the contractor. Any deviations or conflicts must be brought to the owner's attention prior to due date. F. Material Brands shall be supplied as specified. No alternate equipment will be allowed. G. Impassable rock removal shall not be included in base price. Any impassable rock encountered shall be removed at a negotiated price with the city. SPORTS AND AREA LIGHTING SPECIFICATIONS A. LIGHTING PERFORMANCE AND EQUIPMENT The lighting equipment shall be manufactured by Qualite Sports Lighting, Inc. and shall be the pro-series 1500 watt remote ballast lighting system catalog number PRO-FPR-1500W-MH-RB. A.0.1 Wireless Remote Control switching System A ReQuest Remote Control Switching system shall be supplied by the manufacturer and wired to the lighting contactors during installation by the contractor. The base unit shall be installed on the power control rack with the contactor enclosure. This system shall include a remote Switch-On — Demand, Astrological clock, necessary software, designed for 110 volt voltage supply enclosed in a supplied Nema 4x stainless steel enclosure. The system shall be supplied with two warning beacons per 4-sets of courts and shall have a wireless push button per each four sets of courts located at the respective entrance gate. System shall come with 24 months of wireless service and on site training and technical support. Two separate zones will be utilized 4 courts per zone. Visual off warning alarms shall be provided for zone 1 and zone 2. An additional two zones shall be used for security lighting as well as controlling lighting of the playground. The provided control keypad shall be located inside a separate lockable Nema 4x stainless steel enclosure located with the service panel and ReQuest unit. Provided pole elevation drawings for additional details. A.1.0 LIGHTING LEVEL The maintained horizontal foot-candle level shall average 32.6 foot-candles on paved court area. A .8 maintenance factor plus appropriate tilt shall be used in determining the maintained averages. A.1.1 MINIMUM POLE LENGTH The minimum pole lengths above ground shall be 50 ft . Existing anchor base foundations will be utilized. A.1.2 IES LIGHTING REQUIREMENTS The Lighting manufacturer shall provide a lighting system that has been designed based on industry standards for initial and maintained lighting requirements as outlined by the IES handbook. A.2.0 UNIFORMITY RATIO The foot-candle level shall have a uniformity ratio of maximum to minimum foot-candles of not greater than 2.79:1.0 on the paved court area. A.3.0 FIELD MEASUREMENTS(Foot-candle testing)TEST STATIONS Number of locations and spacing of test stations for measuring foot-candles shall equal or exceed the following standards: 10' x 10' Grid —286 grid points FOOTCANDLE READING: The test cell shall be in the horizontal positions Z= 36" above surface for each test station locations. The owner's representative shall be present for the final metering. Metering shall be done per IESNA standards and a complete report provided to the owner. The metering shall be done at or after 100 hours or burn in time have been achieved. A.4.0 MANUFACTURER'S RESPONSIBILITY Manufacturer shall provide with his RFP, a computer derived lighting layout showing point by point foot-candle levels of playing surface, maximum to minimum ratio, average tilt factor, and total energy consumption in KW per hour required for proposed layout. Qualite shall guarantee that equipment conforms to proposed layout and energy consumption. A.4.1 ENERGY CONSUMPTION -Total energy consumption of the Sports Lighting System shall not exceed 51.4 KW/HR. Kilowatt consumption exceeding the maximum allowable shall be grounds for rejection of a lighting system. B. LUMINAIRE ASSEMBLY AND HARDWARE B.1.0 GENERAL DESCRIPTION The luminaire assembly shall consist of lamp, lamp socket, reflector, lens, lamp housing, adjustable aiming mounting devices, ballast, galvanized steel crossarms, wiring, pole clamps, and approved products shall be Qualite Sports Lighting,Inc. Lamp shall be manufacturered by Venture Lighting. B.2.0 LUMINAIRE ASSEMBLY AND HARDWARE SPECIFICATION B.2.1 STRUCTURAL STRENGTH: The luminaire assembly as shown in the manufacturer's submittal shall be capable of withstanding forces equal to 130 MPH wind levels with a 1.3 gust without structural damage or misalignment of the luminaire or the assembly. B.2.2 BALLAST: UL listed, high power factor, constant wattage, auto-transformer, lamp start to -20 degree F., with input of required volts (480). B.2.3 CAPACITORS: Capacitors shall operate in ambient air not to exceed 70 degree C as tested by U.L. test procedures. The assembly design shall be adaptable to multiple standard ballast and must retain U.L. listing. There shall only be one capacitor per luminaire allowed. B.2.4 BALLAST HOUSING: Shall be Powder Coated, 14 gauge, including door, with NEMA 3R rating with no side screw holes and shall be located remote from luminaires. Due to galvanic reactions aluminum and/or galvanized exposed boxes are not allowed. Drilling or tapping of the boxes for hardware at the factory or in the field shall not be allowed. Ballast housing shall have full length stainless steel piano hinge and 1/4" silicone gasket. A maximum of two ballast per enclosure will be allowed due to long term ballast failure concerns. B.2.5 LENS: A heavy duty 1/8 inch minimum thickness tempered glass lens to resist shock and impact. B.2.6 LATCH: Six positive locking stainless steel latches for securing the lens to the reflector. B.2.7 SAFETY CHAIN: Shall be#12 stainless steel chain. A retaining hinge is not allowed. B.2.8 LENS GASKET: A silicone weatherproof gasket to protect the reflector from moisture and dirt. B.2.9 LENS RING: The lens ring shall be stainless steel for durability and long life. B.2.10 REFLECTOR: Shall be minimum .062" spun aluminum and have an alzak weather finish and shall be a minimum of 25 in diameter. B.2.11 LAMP SOCKET: Corrosion resistant porcelain socket shall be 5KV with nickel plated lamp grip. Wires shall have Mylar shrink tubing for abrasion resistance. B.2.12 FILTER: Each filter shall have a secured activated charcoal filter to prolong optical performance. B.2.13 HARDWARE: All exposed hardware is to be stainless steel, galvanized, or aluminum. Galvanized hardware shall not be cut or drilled on site and shall be hot-dip galvanized after fabrication. B.2.14 HORIZONTAL AIMING BRACKET: The horizontal aiming bracket shall be pre-set at the factory to the specification of the computer-engineered layout. B.2.15 LUMINAIRE WIRING: The luminaire and ballast are completely pre-wired for ease of installation and service. All internal wiring to be 14 gauge or larger. There shall be no exposed wiring loops. B.2.16 VERTICAL AIMING BRACKET: The vertical aiming bracket shall be pre-set at the factory to computer engineered layout and features a positive stop repositioning pin. B.2.17 CROSSARMS: Shall be fabricated of 3"x 2"x 1/8" tubular steel, and mig welded to a 6" c-channel support structure. The assembly shall be hot dip galvanized after fabrication. Crossarms using steel less than 1/8" are unacceptable. Maximum crossarm length shall not exceed 155". B.2.18 CENTERING RING: A compressed fiber ring to center lamp and provide thermal and vibration protection. (The ring shall not contain any asbestos material.) B.2.19 DIAGNOSTIC TEST SYSTEM: A Diagnostic test system shall be provided and it shall be available for each separate luminaire. It shall utilize a quick connect multi-pin connector to isolate and test each component with all incoming power off. All test results shall be shown by the use of indicator lights on the hand held analyzer. Analyzer to be UL listed for its intended use C. DESIGN FEATURES AND OPTIONS C.1.0 SERVICE PLATFORM Not required. C.2.0 DIAGNOSTIC TEST SYSTEM A Diagnostic test system shall be available for each separate luminaire. It shall utilize a quick connect multi-pin connector to isolate and test each component with all incoming power off. All test results shall be shown by the use of indicator lights on the hand held analyzer. Analyzer to be UL listed for its intended use. C.3.0 LAMPS Shall meet the following specifications: 1500 Watt metal halide shall meet ANSI designation. Venture is the only approved lamp. C.3.1 Lamps with off axis arc tubes or horizontal mounted lamps will not be acceptable. C.4.0 BALLAST There shall be individual ballast for each luminaire. Ballasts shall be located remote with the capacitors and double fusing. The ballast shall be a lead peak auto-regulating constant wattage ballast(CWA) and be available for use with 480 Volt supply. C.4.1 BALLAST LOCATION Ballast box with more than two ballast per box is unacceptable. Locate remote ballast 10 Feet above ground level. Ballast housing shall be mounted to 6" galvanized powder coated back channel. The ballast box shall not be an integral part of the structural design of the crossarm assembly. Integral ballasted luminaries are not allowed due to long term maintenance cost. C.4.2 JUNCTION BOX The junction box on the crossarm shall be galvanized steel and NEMA 3R rated. Minimum dimensions of the junction box shall be 6"x 6"x 4"for ease of maintenance. C.5.0 WIRING AND OVERCURRENT PROTECTION Requires 30 amp fuse blocks rated at 600 volts. Only time-delay fuses will be acceptable. All wiring on the luminaire assembly shall meet local and national electrical code. D. SPECIAL CONDITIONS D.1.0 MANUFACTURER'S GUARANTEE Lighting equipment and poles shall be provided with a warranty as follows: • Lighting Components and poles shall be warranted for 10 years. • Lamps shall be warranted for 2 years. • Labor for lighting equipment warranty work shall be covered for 5 years. • Labor for lamp replacement shall be included for 1 year. D.2.0 AIMING ALIGNMENT WARRANTY The alignment of the luminaire shall be warranted by the manufacturer against movement on the luminaire assembly for a period of ten (10) years from the date of installation. Labor charges for re-aiming during the warranty period shall be the responsibility of the manufacturer and contractor. D.2.1 LAMP WARRANTY Lamps shall further be warranted for full replacement cost including labor for the first year of operation. Lamps shall be provided free of charge during the second year of operation with labor being the responsibility of others. After second year of operation, lamps are warranted to burn for their rated life as specified by the lamp manufacturer and replaced based on a prorated scale. D.3.0 LUMINAIRE ASSEMBLY Requires U.L. approval for crossarm assembly with internal wiring, aiming brackets, fixture housing and remote ballast housing -containing capacitors and double internal fusing. D.4.0 WIRING HARNESS Wiring harness shall use#14 multi-conductor wire with outer protective sleeving and quick connect U.L. listed plugs. Wiring shall be color coded to each fixture for ease of maintenance. Wiring harness assembly shall have a stainless steel wire support device with stainless steel support ring for tension relief. D.5.0 Pole Disconnect Not required. D.6.0 FIELD SUPERVISION A minimum of seven (7) days of on-site supervision by a factory certified technician shall be provided by the fixture manufacturer. D.7.0 INSURANCE REQUIREMENTS Manufacturer's insurance shall be a minimum of$2,000,000 on an occurrence form. Covering company shall carry an A.M. Best rating of A or better 0 . . Poles shall be designed considering application of wind load and dead load. See Lighting performance for minimum mounting heights. Poles shall be designed to withstand a constant wind speed of 80 mph, at a 1.3 wind gust AASHTO with appropriate safety factors Pole calculations are required in submittals illustrating conformance to wind load specifications, overload and safety factors. Poles shall be round tapered galvanized steel and shall be configured to mount on the existing foundations. G.4 Convenience Outlets Provide a qty of four 120 volt 15 amp Duplex GFI convenience outlets mounted inside the court against or mounted to the fencing as shown on pole detail drawings and as allowed by local building codes.New conduit runs for these receptacles shall be run from the existing foundations of poles"Ti","T4","T6". Also provide a qty of two 120volt 15 amp Duplex GFI convenience outlets shall be located on poles P1 and P2 and placed 24 in. above ground line. Each outlet shall be housed in a weather resistant in use cover or as required by local building code. See enclosed detailed drawings for more information. Minimum conduit size shall be one inch.All conduit shall be below grade to eliminate any potential tripping hazards. H. SECURITY LIGHTING 1000 watt Qualite Sports Lighter shall be supplied to illuminate the sidewalks adjacent to the tennis courts and parking lot as shown on the enclosed site drawing. The security lighting shall be mounted on the Tennis lighting poles as shown. I. PLAYGROUND LIGHTING The playground lighting shall utilize two thirty-five foot class II wood poles manufactured by Baldwin Poles,noted on the site drawing as P1 and P2.Each pole shall be installed with two 1000 watt sports floods mounted on a two fixture angular cross-arm. See site drawing for details as well as G.4 for Convenience Outlet requirements. J. POLE INSTALLATION The playground pole foundations shall be direct buried 8 ft deep by a minimum of 24 in. diameter-augured hole.Native material shall be backfilled and tamped in 6 in. lifts to proper compaction. Tennis poles shall be mounted on existing concrete anchor base type foundations.It is the manufacturer's responsibility to match existing bolt patterns. All poles shall be installed plum per industry standards. END OF LIGHTING SPECIFICATIONS CITY OF WYLIE Item No. J City Secretary's Use Only CITY COUNCIL AGENDA ITEM Board Meeting Of: January 24, 2006 Originating Department: Parks and Recreation Prepared By: Robert Diaz Account Code No. #: Date Prepared: January 3, 2006 Budgeted Amount: Exhibits: Vendor registration form AGENDA SUBJECT: Consider and act upon a request from the Blackland Prairie Playground Foundation to use Founders Park for their "Spring Fest" on March 25, 2006. RECOMMENDED ACTION: N/A SUMMARY: Anne Hiney brought forth this request for the Blackland Prairie Playground Foundation to have part of their 2nd Annual Spring Fest in Founders Park. This event includes the tractor races that will take place at the WISD Agricultural Center. The logistics of using Founders Park have not been completed yet, but approval of this request would be needed for the Foundation to sell any items at Founders Park. Founders Park would be mainly used for the crafters and concession areas. At the December 19, 2005 Parks and Recreation Board meeting, the board approved the request of the Blackland Prairie Playground Foundation to sell items in Founders Park as part of their 2nd Annual Spring Fest. Staff is still coordinating the logistics of the event with the Foundation. APPROVED BY: Initial Date Department Director: RD \ 1/12/06 City Manager: \ 1 CITY OF WYLIE PARK AND RECREATION VENDOR REGISTRATION FORM NAME OF GROUP,ORGANIZATION,INDIVIDUAL,ETC. EVENT INFORMATION Name Blackland Prairie Playground Foundation Location Founders Park Address PO Box 484,Wylie,TX 75098 Date(s) 25-Mar-06 Phone No.982-672-4133 Start Time 9:00 AM Alternate Phone No. End Time 6:00 PM Contact Person Nam(Anne Hiney Number of Individuals Vending Items 50+ Address 301 N.Cottonbelt Ave. Wylie,TX 75098 Target Audience Families Phone No.972-672-4133 Anticipated Number in Attendance at Event 1000 Alternate Phone No. 972-442-0370 Specific Items to be Sold Crafts,Food&Drink, and Emergency Contact Name Bill Hiney Childrens games&activities Address same Phone No.972-354-1612 Event is the 2nd annual Spring Festival benefiting Pirate Alternate Phone No. Cove Playground. Helpful Information The City of Wylie has an exclusive contract that allows the sale of only Pepsi products within all park, recreation,community center facilities,and other city facilities. If food is prepared on-site or if food is prepared off-site and brought to the location to be sold, the vendor must contact the City Inspections Office at 972-442-8150 in order to obtain a Health Permit prior to the sale of such products. An Inspector must examine the food preparation of food storage equipment to assure the health and safety of customers. Section 78-150 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale,vend, peddle,sell or offer to sell any cold drinks,cigars,tobaccos,cigarettes,fruits,candies,goods,wares or merchandise of any kind or nature whatsoever within the city park or recreation or community center facility;provided,however,that this section shall not apply to any person,organizations,firms or corporations,or the agents of any person,or organization,firm or corporation,or employees of any person who are recommended by the parks and recreation board and approved by the city council to operate a concession or concessions for the sale of specified goods,wares, and merchandise within the city park or recreation or community center facilities of the city. CITY OF WYLIE Item No. 1 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: January 24, 2006 Originating Department: Planning and Zoning Prepared By: Mindy Manson Account Code No. #: Date Prepared: January 17, 2006 Budgeted Amount: Exhibits: 1 AGENDA SUBJECT: Continue a Public Hearing and consider and act upon Ordinance No. 2005-58 approving certain revisions to the residential and nonresidential development requirements of the Zoning Ordinance. RECOMMENDED ACTION: The Planning and Zoning Commission recommended approval by a vote of 6— 0. SUMMARY: Background. On May 24, 2005 the City Council adopted the revisions to the Comprehensive Plan, which dictated the need for corresponding revisions to the Zoning Ordinance. The Council held a joint work session with the Planning and Zoning Commission in June to provide policy direction for these revisions. At the September 20, 2005 meeting, the Commission finalized the draft recommendations for amendments to Article 3 Residential Standards and Article 4 Non-Residential Standards, and held a public hearing on October 4 to receive citizen comments. A joint worksession was held on November 14, 2005 between the Planning and Zoning Commission and the City Council during which the proposed amendments were discussed. It was determined that additional review was needed for Articles 3 and 4, as well as the need to amend Article 5 Use Regulations. Because the Public Hearing for Articles 3 and 4 had been advertised, the Council opened the Public Hearing and continued it in order to give the Planning Commission opportunity to continue the review. The Planning Commission subsequently reviewed Articles 3 and 4 during the course of several meetings, and concurrently reviewing and conducting a public hearing on Article 5. Proposed Revisions to Article 3 Residential Standards. The existing SF-8.5 (8500 sq.ft. lots) is proposed to be deleted, establishing the lot size for all new residential districts to be 10,000 square feet, 30,000 sq. ft. or 1 acre, and dwelling sizes to be a minimum of 2,400 sq. ft, 2,600 sq. ft. and 3,000 sq. ft. (air-conditioned space) respectively. The Base development requirements for new residential uses have been significantly strengthened, primarily with regard to design elements (i.e. added landscaping requirements, more restrictive floor plan repetition, 20% stone or decorative brick on exterior of houses, and so forth) and the flexible system of Desirable value-added choices has been modified. Proposed Revisions to Article 4 Non-Residential Standards. Nonresidential districts have been modified to eliminate the Business Center (BC) and Industrial (I) Districts and to create the Light Industrial (LI) and Heavy Industrial (HI) Districts. The development requirements for nonresidential uses remain largely as currently adopted with added design elements including a 20% decorative element on the front of the building and limiting tilt-wall type contruction to the industrial districts. APPROVED BY: Initial Date Department Director: MM \ 1/17/06 City Manager: \ 1 ORDINANCE NO. 2005-58 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE DEVELOPMENT REGULATIONS FOR RESIDENTIAL AND NONRESIDENTIAL DISTRICTS OF WYLIE'S COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP, NO. 2001-48, PASSED AND APPROVED ON THE 13TH DAY OF NOVEMBER 2001, TOGETHER WITH ALL AMENDMENTS THERETO; 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 amend Article 3 (Residential District Regulations) and Article 4 (Nonresidential District Regulations) of Wylie's Comprehensive Zoning Ordinance as amended, and to amend certain areas of the Comprehensive Zoning Map correspondingly; and WHEREAS, Wylie has complied with all notices and public hearings as required by law; and WHEREAS, the City Council finds that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to amend Wylie's Comprehensive Zoning Ordinance and Comprehensive Zoning Map No. 2001-48, together with all amendments thereto as set forth below: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That revised Article 3 Residential District Regulations and revised Article 4 Nonresidential District Regulations of the Comprehensive Zoning Ordinance of the City of Wylie, Texas, are incorporated in the body of this Ordinance as if fully set forth herein. SECTION 2. That the Comprehensive Zoning Map of the City of Wylie, Texas, as amended herein is hereby adopted and incorporated as part of this Ordinance. SECTION 3. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. Ordinance No.2005-58 Revision to Zoning Ordinance SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this the 24th day of January, 2006. John Mondy, Mayor ATTESTED AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary Date to be published in The Wylie News— Ordinance No.2005-58 Revision to Zoning Ordinance PD NS---10+- „('_YE.!........_... Legend: mum CC-ovnm.f.,..,c-0.,..., ••11.1':. ••: '. --!. 111111111M LI-Liqh1 1,1411,4.0,, l',-•.• • - ,-•.-; ,...:..;. -AgriculIwrol 4111Heola....itr."itier p..I ,.,,..!.._,,,.... t==.1 4/30 . ituro. 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'..W, Ptillit' / , 41. 4 F wYL I E . : •• I IANLOZVC)ElriLlM/BECDIR1\12001\41 if\P ,,,,,,,5„„ 2005 CD'_ __ 17- DOIINIAINIGE W2001/1-48- & 2001 — 2"7 Zoning Ordinance ARTICLE 3 RESIDENTIAL DISTRICT REGULATIONS SECTION 3.1 COUNTRY-LOW-DENSITYRESIDENTIAL DISTRICTS 17 A. Agricultural(AG/30)District-446/-2-83 17 B. Single Family- 1 Acre Distriet-(SF-1A/26) -30) District 18 SECTION 3.2 MEDIUM-DENSITYRESIDENTIAL DISTRICTS J )J18 A. Single Family-20 District(SF-20/24 ) 202018 CB.Single Family- 10 District(SF-10/494) 202044 SECTION 3.3 VI-LL-THIGH-DENSITY RESIDENTIAL DISTRICTS 2323 21 A_e in,.io F.,,,,;i., 4 c r4;..*,.;,.+(cF_4 sLt7-) 2323 B. Townhouse District(TH) Error! Bookmark not defined. EB.Multifamily District(MF) 232348 B—C. Manufactured Home District(MH) 242448 SECTION 3.4 RESIDENTIAL DESIGN STANDARDS 292948 A. Points-Rettired Desirable Design Attributes 292-9-1-8 B. Purpose of Residential Design Standards 2929-1-8 C. Design Standards Review 292945 D. Land Design Standards 453-3-1-8 E. Street and Sidewalk Standards 51-34-1-5 F. Architectural Standards 63444-8 Adopted November 2001 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page i Amended September 2003 TABLE OF CONTENTS pliZoning Ordinance ARTICLE 3 RESIDENTIAL DISTRICT REGULATIONS SECTION 3.1 COUNTRY-LOW-DENSITY RESIDENTIAL DISTRICTS The Comprehensive Master Plan calls for the establishment of flow-density residential areas outside efthroughout Wylie in order to preserve and replicate the �;a�M*:�� � � •-,��--�*�� � r*�, ^�a �r rural nvironment. These districts provide for very low density residential development and agricultural uses which will preserve the amenities develepmentaud character. A. Agricultural District(AG/21!3j1) 1. Purpose: 'T"�����-���'^ ;„ ���*� ^�*'��r;'�., Land within Wylie which is presently used for agricultural purposes and to which urban services may not yet be available.—lese-lands should continue to be used for such agricultural purposes until needed for urban purposes in conformity with the C-iWsCity's Comprehensive Master Plan. Livestock may be maintained indoors and outdoors within the Agricultural District. It is anticipated that lands currently zoned and used for agricultural purposes will eventually be used for more urban purposes as the City develops.Newly annexed areas that are predominantly used for agricultural purposes maywill be zoned as an agricultural district until other zoning is required. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Agricultural District, including density,height,lot and unit size. Adopted November 2001 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 17 Amended September 2003 Zoning Ordinance Figure 3-1 -Agricultural District(AG/28)30) Lot Size Lot Area(sq. ft.) Minimum 2 acres Lot Width(feet) 200 Lot width of corner Lots(feet) 230 Lot Depth(feet) 300 Lot Depth of Double Front Lots (feet) 300 Dwelling Regulations Minimum Square Footage 278403 000 Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements-Main Structures Front Yard(feet) 50 Side Yard(feet) 20 Side Yard of Corner Lots (feet) 50 Side Yard of allowable nonresidential use(feet) 30 Rear Yard(feet) 50 Rear Yard Double Front Lots (feet) 50 Height of Structures Main Structure(feet) 3640 Accessory Structure(feet) 3-620 4. Additional Provisions: a. Refer to additional requirements in Article 7, General Development Standards. b. A minimum separation of 100 feet between agricultural buildings and dwel l ing units on the same lot shall be maintathed. Agricultural buildings for the purpose of this provision means those buildings used of the raising of crops or animals, or for the storage of agricultural equipment, supplies, or products. c. A minimum setback of 100 feet from the property line shall be provided for any agricultural building. d. Accessory structures on lots greater than 5 acres in area do not have to be behind the rear building line of the main structure. B. Single Family- I Acre District(SF-lA/24 ) 1. Purpose: SF-1Al2-630 is a single family residential district for detached houses on individual lots and requiring a minimum lot size of 1 acr Y . The cultivation of .agricultural crops are allowed but no livestock is allowed. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard,lot and space requirements for the Single Family — 1 Acre District, including density, height, lot and unit size. Page 18 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 Zoning Ordinance Figure 3-2-Single Family 1 Acre District(SF4AI263O1 Lot Size Lot Area(sq. ft.) Minimum 1 acre Lot Width(feet) 150 200 Lot width of corner Lots (feet) 175 2-3-0 Lot Depth(feet) 200 300 Lot Depth of Double Front Lots (feet) 200 300 Dwelling Regulations Minimum Square Footage 2,6003.000 200 Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements—Main Structures Front Yard(feet) 90 5-0 Side Yard(feet) 20 2-0 Side Yard of Corner Lots (feet) 40 5 0 Side Yard of allowable nonresidential use(feet) 30 345 Rear Yard(feet) 50 5-0 Rear Yard Double Front Lots(feet) 50 5-0 Height of Structures Main Structure(feet) 3640 Accessory Structure(feet) 3620 4. Additional Provisions: a. Refer to additional requirements in Article 7,General Development Standards. b. A minimum separation of 100 feet between agricultural buildings and dwelling units on the same lot shall be maintained. Agricultural buildings for the purpose of this provision means those buildings used of the raising of crops , or for the storage of agricultural equipment, supplies, or products. c. A minimum setback of 100 feet from the property line shall be provided for any agricultural building. SECTION 3.2 MEDIUM-DENSITY RESIDENTIAL DISTRICTS The Comprehensive Master Plan calls for the development of medium-density residential areas sufrounding-to provide housing for most of the ommunity"s population. These districts allow for single family, detached housing . r n larger lots with wide setbacks in order to replicate Wvlie's historic character. Adopted November 2001 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 19 Amended September 2003 piZoning Ordinance A. Single Family--30--- District(SF-30/2420/26) 1. Purpose: SF-30/2420/26 is a single family residential district allowing detached houses on individual lots and requiring a minimum lot size of 3020,000 square feet. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Single Family-3-0/2420/26 District, including density,height, lot and unit size. Figure 3-34- Single Family 3020 District(SF-30/-24320/26) Lot Size Lot Area(sq. ft.) 3020,000 Lot Width(feet) 125100 Lot width of corner Lots (feet) 140115 Lot Depth(feet) 175150 Lot Depth of Double Front Lots (feet) 170 Dwelling Regulations Minimum Square Footage 2,400600 Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements—Main Structures Front Yard(feet) 30 Side Yard(feet) 15 Side Yard of Corner Lots (feet) 30 Side Yard of allowable nonresidential use(feet) 30 Rear Yard(feet) 30 Rear Yard Double Front Lots (feet) 50 Height of Structures Main Structure(feet) 40 Accessory Structure(feet) 3614 4. Additional Provisions: Refer to additional requirements in Article 7, General Development Standards. B. Single Family-2-010 District(SF-20/2110/24) 1. Purpose: SF 20/2110/24 is a single family residential district allowing detached houses on individual lots and requiring a minimum lot size of 2010,000 square feet. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Single Family 20/2110/24 District, including density,height, lot and unit size. Page 20 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 Zoning Ordinance Figure 3-45 - Single Family 2010 District(SF40124310124) Lot Size Lot Area(sq. ft.) 1 00020,000 Lot Width(feet) 75100 Lot width of corner Lots (feet) 90115 Lot Depth(feet) 100150 Lot Depth of Double Front Lots (feet) 120170 Dwelling Regulations Minimum Square Footage 2�4002,100 Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements—Main Structures Front Yard(feet) 3025 Side Yard(feet) 1 D Side Yard of Corner Lots(feet) 2530 Side Yard of allowable nonresidential use (feet) 30 Rear Yard(feet) 253-0 Rear Yard Double Front Lots (feet) 4550 Height of Structures Main Structure(feet) 403-6 Accessory Structure(feet) 1436 4. Additional Provisions: Refer to additional requirements in Article 7,General Development Standards. • w • ■ . h • • ti Adopted November 2001 ARTICLE 3--RESIDENTIAL DISTRICT REGULATIONS Page 21 Amended September 2003 reZoning Ordinance Figure-3-5—Single-Family-l-O-Distriet-(SF-40t1-9) Lot Area(sq. ft.) 4-07000 Let--Width-(feet) 75 Lot-w7 dt of eorYtSer._L ots- ) 90 Let-Depth-(feet) 4-0-0 bet-Depth-ef-Double-Ffent-Lets--(feet) 4-2$ z 90O 40nv Frrts^i+Yn rrl(foCt+) 25 � rd ynr �nca� 4-0 Side Yrti rd rtif Garner1_efn Efea+) 25 Rear V"nrd lfdet-) 25 "T5 r Main L t rY_ � Accessory Ctru ctu r_e(feet) q, r R 4- • / 7 Standards. Section 3.3 HIGH-DENSITY RESIDENTIAL DISTRICTS High-density residential uses provide smaller-sized housing for entry-and exit-sized families as well as support business. Page 22 ARTICLE 3--RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 rig Zoning Ordinance • • ■ ■ ■ • M A-.--Single-Family--&-5-Distriet--(SF-&-5/4-7-) • • ; i • s w 1R i •! ■it! •1{ 1/ • i i/ •!■ --■ R s ;i ■ i the village-cente113• 2. Permitted-Uses: See-Use Chart in Article 5,Section 5.1: J • y . Adopted November 2001 ARTICLE 3--RESIDENTIAL DISTRICT REGULATIONS Page 23 Amended September 2003 Zoning Ordinance Lot Area(sq. ft.) g 5nn4 0 Iz,..o Wi r^+s (feet) less Lot-width-of . 1lrner__.I_ots._( �A A Lot narif'h_ffaat) �S� i r�+�1�zrilnf� �at����-t'•f�r rt� �f�rr�nt+ Let-Dept-h-efDouble--Ffent-hots-(feet) 120NA 1,740EF 750 sf, 1 BR 900 sf, 2 BR 1,000 sf; 3 BR 1,200 sf Density Building-Separation-between-idetaehed-buildings-(feet) . . . . Front d of Co. lots t-) 3{)-fromreet ontage RaAn rgy r1a V d ef Ccarno ht■frjfee#) 25NA 45NA (feet) ■ 3-6 Main-Structure-Yeet 4-Q 10 r+nenrsr►rr� Cfruefiyre Efaa+) 44 ■ • • A. Townhouse District(TH) 1. Purpose: The TH district is a single family residential district allowing of is between 2 and 7 attached houses on individual lots and requiring a minimum lot size of 3,000 square feet. The Townhouse District is intended to provide flexibility for development of properties that are providing open space,preserving natural areas of value, or avoiding areas with environmental hazards 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. Page 24 ARTICLE 3 A_RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 Zoning Ordinance 3. Development Standards: _Following are yard, lot and space requirements for the Townhouse District, including density, height, lot and unit size. Adopted November 2001 ARTICLE 3--RESIDENTIAL DISTRICT REGULATIONS Page 25 Amended September 2003 lie Zoning Ordinance Figure 3-7- Townhouse District(TH) Lot Size Lot Area.(sq. ft.) 3,500 -exterior w/side yards 3,000 -interior wino side yards Lot Width(feet) 30 Lot width of corner Lots (feet) 45 Lot Depth(feet) 100 Lot Depth of Double Front Lots(feet) 120 Dwelling Regulations Minimum Square Footage 1,000 -Duplex(2 dwellings) 1,200-others (3+dwellings) Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements—Main Structures Front Yard(feet) 1-520 Side Yard(feet) 0 for interior or 5 for exterior Side Yard of Corner Lots (feet) 15 Side Yard of allowable nonresidential use(feet) NA Rear Yard(feet) 25 Rear Yard Double Front Lots (feet) 45 Height of Structures Main Structure(feet 3-640 Accessory Structure(feet) 3-514 4. Additional Provisions: Refer to additional requirements in Article 7, General Development Standards. C. Multifamily District(M1) 1. Purpose: The MF district allows for high density residential development immediately adjacent to; shopping and activity centers. The Multifamily District provides for the development of smaller, attached dwelling unites-multiple-dwelling-anits on the same lot. Dwellings may be placed in one or more buildings and multiple buildings may be developed on the same lot. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard,lot and space requirements for the Multifamily District, including density,height, lot and unit size. Page 26 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adppted November 2001 Amended September 2003 Zoning Ordinance Figure 3-8-Multifamily District(MF) Lot Size Lot Area(sq. ft.) 43,560 Lot Width(feet) 100 at street with length—width ratio of 1:3 or less Lot width of corner Lots (feet) NA Lot Depth(feet) 150 with length—width ratio of 1:3 or less Lot Depth of Double Front Lots(feet) NA Dwelling Regulations Minimum Square Footage EF-600-750 sf; 1 BR-7-50900 sf; 2 BR-9001,000 sf; 3 BR- 1,2000 s.ft. Maximum Density 15 Dwelling Units/Gross Acre Building Separation between detached buildings(feet) 20 or height of building,whichever is greater. Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements—Main Structures Front Yard(feet) 30 from any street frontage Side Yard(feet) 20 from any interior lot line Side Yard of Corner Lots (feet) NA Side Yard of allowable nonresidential use(feet) NA Rear Yard(feet) 20 from any interior lot line Rear Yard Double Front Lots(feet) NA Height of Structures Main Structure(feet 4036 Accessory Structure(feet) 1436 4, Additional Provisions: Refer to additional requirements in Article 7, General Development Standards. D. Manufactured Home District(MH) 1, Purpose: The Manufactured Home District allows for manufactured subdivisions where each dwelling is located on an individual lot. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. X.—Development Standards: Following are yard, lot and space requirements for Manufactured Home PafIEDistrict, including density, lot. height and unit size Adopted November 2001 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 27 Amended September 2003 reZoning Ordinance Figure 3-9-Manufactured Home Subdivision(MH) Lot Size Minimum Area for the Subdivision 2 acres Lot Area.(sq. ft.) 7,200 Lot Width(feet) 60 Lot width of corner Lots (feet) 70 Lot Depth(feet) 100 Lot Depth of Double Front Lots(feet) 120 Dwelling Regulations Minimum Square Footage 1,000 Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements—Main Structures - Front Yard(feet) 25 Side Yard(feet) 10 Side Yard of Corner Lots (feet) 20 Side Yard of allowable nonresidential use(feet) NA Rear Yard(feet) 25 Rear Yard Double Front Lots (feet) 40 Height of Structures Main Structure(feet 30 Accessory Structure(feet) �14 4. Additional Provisions for Manufactured Home Subdivisions: a. Refer to additional requirements in Article 7, General Development Standards. b. Manufactured housing design and construction will comply with manufactured housing construction and safety standards published by the department of housing and urban development pursuant to the requirements of the Texas Manufactured Housing Standards Act (Vernon's Ann. Civ. St. art. 5221€,Chapter 1201, Texas Occupational Code as it exists or may be amended)and all manufactured housing will be subject to inspection by the building official. c. All manufactured housing within a subdivision shall be set on a solid slab structure or pier and beam foundation. Additional rooms in tie-stihdivisienany dwellings, such as enclosed porches, etc., shall be constructed on a solid slab. d. Accessory buildings will be either manufactured or constructed in accordance with city codes. Page 28 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 pitZoning Ordinance SECTION 3.4 RESIDENTIAL DESIGN STANDARDS A. Points—Required Desirable Design Attributes All properties must meet base requirements provided in this section for Land Design, Street and Sidewalks, and Architectural Standards. In addition,properties must also elect a certain number of desirable design standards from each of these categoriesTbased-on-the--leeatiefi-ef the pfeperty,_The requiredavailable desirables are detailed in the following sections. B. Purpose of New Residential Design Standards 1. Land Design Standards.The purpose of the Land Design Standards is to provide for public sidewalks and pathways, and to provide public access to open space,to provide enhancements along pathways, . 2. Street and Sidewalk Standards. The purpose of the Street and Sidewalk Standards is to provide for street treatments,pedestrian sidewalk and crosswalk standards, and to address location criteria of subdivisions adjacent to major thoroughfares. 3. Architectural Standards. The purpose of the Architectural Standards is to provide standards for exterior facades, roof quality, repetition of residential unit designs,garage doors,and façade upgrades in village residential areas. C.— Design Standards Review 1. All residential development shall achieve at a minimum the required number of paintsdesirable design attributes in Figures 3-12, 3 139 and 3 4410. 2. New Residential Details of the Land Design Standards are included in Subsection D, details of the Street and Sidewalk Standards are included in Subsection E, and details of the Architectural Standards are in Subsection F. FIGURE 3- 8—DESIGN STANDARDS INDEX :....-._ .-:. ........... :...:....:... t. date s AG/2 g, S See Figure 3 4-29 wit-heut--adjaeeney4e-epen-spaee.New Residential Development Requirements SF-30/24y , SF 10/19 SF 8.5/17, TH. MF, See Figure 3 11 without-acijaeeney4e-epen--space Adopted November 2001 ARTICLE 3--RESIDENTIAL DISTRICT REGULATIONS Page 29 Amended September 2003 reZoning Ordinance EGUNTRY-RESIDENTIAL-DISTRECT-4-AGI"-SFREMENTS � a ELEMENT 39 4.0 39 O- b,,fer«r,+1, 4' walk n 2n- buffer with 4' alk 10 or Landscape .. 2n k..f S' traii 4-5 40 Connections-of Opan Spac -3,02 connee+;on� r.,lk evaff_1n_l_ats n sn1 c-ennecfin 5 or a b-.--50' conner_t 'tt, 4'_trail 25 every 200_ b-.-Water founts ii 40 r 5 40 Totel-Number-of-hand-Design--Point-&-Required 25 B. PAGE-# ELEMENT it-BASE-ST-ANDARD IN-DESIRABLE POINTS Perimeter-Walkways-and 4-02--buffer--vvith-42--walk �7. 1 n 3 lei Y't' �t-�•__.tii rt ,T -walk �r Landscape b 2n, buffer with g _ 4-5 Total-Number-efland-DesigwPoints-Available 4-5 Total-Nunitter-of-Land-Design-Points-Required 4-0 Page 30 ARTICLE 3--RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 Zoning Ordinance (Fer--all-C-euntry-Residential--Distficts) ELEMENT BASE--STANDARD DESIRABLE POINTS �, ■ 7Y1'ti 77llMtlA7`l+1+aO+s Provide Al7fS ii lyMa£1l_'.s+rC1,Ots 2-0 4-3 1 0n fot+i+ s-trth'E rrt c=r_riir_trtir an Yee+_. i-tY7 nfr A?�[st�14"Le ttTl7��['ti �f None NA 44 Pedestrian-Crosswalks Connected- t rstem _ tfipe Paver bry r+_k__or c tone -10 4 Sidewalk-Locations B side o f n ree+ rson+inueus None NA �`L�II[:��7 pathway 45- Sidewalk-Width 4' on fete a. 5' concrete 10 or b, 8? c rete 4Sidewalk-Material ° 10 or 6.,_5014„speeial_paving 4-5- 4-6 Sidewalk-Lighting Lew-height-solary--2-0-02- Signage-ow4ecorative-light*--peles 4-0 47 20 ente-Major-Therouglifares 125 Adopted November 2001 ARTICLE 3--RESIDENTIAL DISTRICT REGULATIONS Page 31 Amended September 2003 rig Zoning Ordinance WARCHITECTURALREQUIREME (-Fer-all-Country--Residential-Distriets) PAGE# E-hEm-EN-T BASE-STANDARD DESIRABLE Popais 49 - Material ° Nene NA 50 Front-Ent Entr�rr� �'0 nrtiu�ra feet-noverid front entry• rrw�r� 20 � �iiti-�1ILi y� riarr� .�.' • • • 50 Chimneys � Sur 1 5 54 Reef-Pitch a. 8:12 or greater• 5- 5 n irst rer-sflrzp_ac'_rn__ec+rti e,•4 an t�m n t�k TGCF inatch Units with_.sew my floor p -- d I1 lots skippeA ei ames i e-e I s ee 7 20 7 samestreet aliYr ant,eYt ••r� side 53 Garage do rs on street elevr1tio*,r.� ,-min--.--51; 0 20 95 . Page 32 ARTICLE 3--RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 Zoning Ordinance SU-BU-RBAN-RESI-DE-N-TIAL4MSTRI-C-T--(SF--3012-4T-SF-20a2-YREQUIR-EM-E-W-S • LE P-OI 'TS 3, . Public-Open-Space-Easements ' } Y ws y ■ i ]4-0 3-9 Perimeter-Vialkway-&-and-L-andseape 9 7 ��� C't11Y'T 7'�cs rYf t7/L�-Y=7_ri i_� 4-0-Of 1 U buffer with walk .20 --- 4 —walk 1 v LJ 4-5 �] � v ets n' 5n� r otstsarticzri 5 or 40 _ 7 h S(l' nrtrsrior.fierr YYri#11_K frail 44)-er e---Streets-alongside-open-space 2-5 44 Lighting-and--Furnishings-along-open 1 g- -lo heig+t solar lig tii every 200' -NiVat 4fkedestrian-Linkages-te-The-WIlageGl early deli ned pedestrian_li_n k_a gQ ' 1-5 Eentef b• Seort rate 8'hi,r Anrt bs ire connect?r�ri 4. �III��-~m�-mr-va«� 125 B. • 7 PAGE-# ELEMENT b DESIRk-BLE POINTS • STANDARD • 39 • 0 b■ er�P� bYY xGr wit rY—FTZ k -10-of 3- b. er"wit ' tY-ail 44 44 e Lighting_ l Ai3'___t1fl i ght s plti,-Exefei-se-equipment --0 ine Y*a spa eAet7tC+sin trli i ever[*700' 1• \�later_TAl-1Y�t i s 4-0 Sl[TCi 471 ' -of r 4-2 Pedestrian--L-Mkages-to4heN-illage Clearly de f ned pede t ri_•_irs l i nkagea-,--114o-uni-t-more-thaw370041-actual4istance 4-5 Center 3-0- 90 Total-Number--ef-Points--Required 3-5 Adopted November 2001 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 33 Amended September 2003 reZoning Ordinance (For-all-SubarbawRes■ ■ at-Districts) ELEMENT BASE-STANDARD DESIRABLE POINTS 4a Curvilinear-Streets 20 14 None NA Nene NA pathway 45 Sidewalk-Width 4' concrete ". 5 o c 1 g^ crr.cs-oQSidewalk-Matef .� I7 1[I�J, cti r7Or77 n�-p ye-s4 r4 in<t -}.�--&F • 4-5 b. 5 %C'7 yY.OLr t A t'!'i+7 t Y7 ng 4 40 4-7 Location-of-Required-Alleys Scfeen-parallel-alleys--frem-view Ne-alleyways-parallel-te-streets 20 4 . 2 V r' ente-MajeF-Thefoughfafes 125 ■ named 55 Page 34 ARTICLE 3--RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 le/Zoning Ordinance . PAGE-# ELEMENT BASE-STANDARD DESIRABLE �n0��b4-sn�r trtirtr�i-.r mnnr.rt�-�cr �e NA rI(l �r maauni Y `,, J r 7 . 20 Reef-Piteh a. 8:12 or greater b,--Dermefs-,--er--eembination-hip-ancl-gable 4-0 Ro 5 20 same-street--elevation 13-.-Net--en-pfimary-stfeet-elevation 20 Adopted November 2001 ARTICLE 3--RESIDENTIAL DISTRICT REGULATIONS Page 35 Amended September 2003 rig Zoning Ordinance - ' 1� ■r r it ■ .it r iw • rr r M s w , - -, 1 , 1 E y it it A. a 1 9 7 F ELEMENT ` TO 39 Perimeter Wall.way rind-Landscape 1-0-'-buffer ;t1. A'3 RLa,--24Lbliffer--with-C-Nvalk 4-9--er b-2{)'b y er srsth 8'a 15 40 Conneetiong-of-Open-Space4o ? 5 etion 5 or Residential-Development 4,--501-conneetion-ivith--814f-ail 40--for 25 • 44 every 200' TO 4-2 Pedestrian-binkages- ilage a 10 Genter _ 30 PACTE4 ELEMENT 1.BAS S''TANDAwn 1317.-DESIRABLE POINTS T y a 3 P • sr sr[+ 1__nt'lr�C+ ape402-kiffer-with--4-1-vealk ? ' 10-er b,-202--tmffwAth--81-tfail 4-5 44 , equipment40 space easements and trails every 200' h—W ef- Mains 4-0 4 40 Center - {4 J J , TOTAL-NUMB-E11-0E-LAND-D-ESIGN--POINT-S-REQUIRED 1-5 Page 36 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 rilliZoning Ordinance (Ti`,-sr all V:llEsrra Residantirzl Dist_rin3-c�s)- Provide-curvilinear-streets 2�, ITI Jl 43 Entry-Features-and-Medians 44 Briek-er -steno ctrali['+ �-r r� 7 gna.1 d at nt e None NA �T��7JSidewalk-Locations/�1 a 'ti.l�e NA 45. pathway Sidewalk-Width 4' ' concrete a.-- y , ►l i.e 10 or . 8' concrete 4-5 46 Sidewalk-Lighting _ 4-0 47Required-AlleysSe,-dam.Y,a Y-a l tdl .ztldyc_fom_ id��T 20 4 Scre g off'R e ._ _niti.___T�n r.lri sl rti 20 onte-Major-Theroughfafes Nye NA Crosswalks stomped r v 1 u 4g . Front I T!1 Y'!'!TY"OL1Cti lI 1 l'ti H R/10fY AYl briT_h sides-of-street �V Total--Isiumber-ef-Street--iaml-Sidevialk-Points--Ayailable 4-3-0 Adopted November 2001 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 37 Amended September 2003 rfl Zoning Ordinance (FeF-allAziliage-Residential-Distriets) Pf# BASE,-STANDARD DE-SIRABLE POINTS Element 49 Exterior-Facade-Material 04 brir.k rtr f one Nene NA • Reef Pink 4-0 7 - overlap s_____gl e s Reef-Materials An-hiteetural--grade.overlapshingles t 52 -10 street-elevation r side r ' width widthL11 r,� ox ��iror�o♦fin#-1ir�ts One-style-throughout-development �1� 55 Village-Residential-garage-deers f f'ltf'�af �" �II'� _Y1"1 x YYlll�'Yl Zl1Net-en-primary-street-elevatien20 _ percent-of-elevation ■7J ■ r r red 40 Page 38 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 Zoning Ordinance BLANK Adopted November 2001 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 39 Amended September 2003 reZoning Ordinance FIGURE 3-9 NEW RESIDENTIAL DEVELOPMENT REQUIREMENTS A. LAND DESIGN REQUIREMENTS (For all Residential Districts) PAGE# ELEMENT a.BASE STANDARD(ALL DEVELOPMENT MUST b. DESIRABLE COMPLY FULLY WITH ALL LISTED BELOW) (EACH DEVELOPMENT MUST SELECT 3 OF THE 6 DESIRABLES LISTED BELOW) 39 Public Open Space Easements 30 ft wide buffer with 8 ft wide trail to rear Single-loaded street along open space. of houses beside open space and perpendicular 30' wide access from street. Perimeter Screen Along40 ft wide buffer,w/6 ft wrought iron Increase buffer width by 10%, slip 3� Thoroughfares between brick or stone columns (50 ft o.c.) street/parkway with no residential lots or landscaped earthen berm(3:1 slope) _backing or siding on thoroughfare 40 Perimeter Walkways and Large canopy trees 50 ft. o.c. and 5 ft a. Mixture of large/canopy and Landscape concrete walk. small/ornamental trees and 8 ft walk/trail. b. Provide benches at nodes when adjacent to open space. 41 Lighting and Furnishings along Solar-controlled lighting on 10-12 ft a. Trees 30 ft o.c. maximum, with down open space easements and trails decorative poles every 100 ft, common lighting and ground-level lights. throughout. Benches with backs every 112 mile or portion thereof when adjacent to b. Exercise apparatus every Vi mile. open space. Decorative paving and cross-walks at street connectors. Page 40 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 Zoning Ordinance B.STREET AND SIDEWALK REQUIREMENTS (For all Residential Districts) PAGE# ELEMENT BASE STANDARD DESIRABLE (ALL DEVELOPMENT MUST COMPLY FULLY (EACH DEVELOPMENT MUST SELECT 2 OF THE 4 WITH ALL LISTED BELOW) DESIRABLES LISTED BELOW) 43 Curvilinear Streets Curvilinear streets (minimum 25%between 3 &23 degrees). 43 Entry Features and Medians Architectural features on stone screen wall Wrought iron accent panels,or water feature, or stone monument(no brick) within or 2 or more different type/color of stone(can landscaped median to first cross street, with be synthetic or cultured). decorative paving and cross-walks. 43 Signage at Entries Incorporated into screen wall or monument sign within median and illuminated by means other than street lights. Street Name Signs Including block numbers, incorporated with Unique neighborhood design, or back-lighted. street lighting coordinated throughout. 44 Pedestrian Crosswalks 7 ft. wide, connected system of decorative 10 ft or wider, decorative pavers. pavers. 45 Sidewalks 5 ft concrete, both sides of street, meandering continuous pathway.. 45 Mail Boxes Paired at lot line on SF-10 Lots or lower. Stone, same house exterior trim. Number plaque, brick same as resident. 46 Sidewalk Lighting Low-illumination with solar controls, on decorative poles every 150 ft(intersections mid-block). 47 Perimeter Alleys No alley connection to thoroughfare, or parallel alley screened from thoroughfares, no lots face thoroughfares. Adopted November 2001 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 41 Amended September 2003 Zoning Ordinance C.ARCHITECTURAL REQUIREMENTS (For all Residential Districts) PAGE# ELEMENT BASE STANDARD DESIRABLE (ALL DEVELOPMENT MUST COMPLY FULLY (EACH DEVELOPMENT MUST SELECT 5 OF THE 9 WITH ALL LISTED BELOW) DESIRABLES LISTED BELOW) Building Bulk and Articulation Minimum 25%of street façade offset minimum 2 ft, minimum 60%total area on 1st floor of all 2-story House Numbers Stone plaque with number beside main Lighted front wall plaque entry 49 Exterior Façade Material 100%brick, stone or masonry stucco, with 20%stone or decorative brick accent 50 Porch 40 square feet covered front entry, and 100 60 square feet or larger front entry, or sq ft covered back or side entry connected wrap-around two or more sides, or pitched cover incorporated into roof lines of house 50 Chimneys Chimney enclosed with masonry matching 40%stone to match house accent material exterior walls and capped 5 I Roof Pitch 8:12 minimum roof pitch: with articulation, dormers or hip/gable 5 I Roof Materials Architectural-grade overlap shingles,tile or standing seam metal, no wood shingles, Paint rooftop accessories to match Roof Eaves No wood fascia or soffit 52 Repetition of floor plan and 7 lots skipped on same side of street before 9 lots skipped on same side of street before elevation repeating similar floor plan and elevation, repeating same or flipped, and 4 lots skipped opposite side of street, and 6 lots skipped on opposite side of street no identical or flipped floor plans side by side or directly across street Page 42 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 Zoning Ordinance C.ARCHITECTURAL REQUIREMENTS CON'T (For all Residential Districts) 53 Garage entry No doors facing primary street front. On a Garage shall be a minimum of 600 square 2 & 1 configuration, single door may face feet in size. street. Garage shall be a minimum of 500 square feet. Dwelling Size Minimum dwelling size exclusive of garages and breezeway Fencing Front: 4 ft maximum height, 50% Board on Board transparent, wood or wrought iron. Or Wrought Iron Side/Rear: 8 ft maximum height, wood w/ metal posts & rails to inside. (No pressure treated wood). • Landscaping Established front lawn and minimum 2 trees Automated, subsurface irrigation system and 5 shrubs in front yard Outdoor Lighting Front entry and drive/garage illuminated by Front façade and drive/garage illuminated by standard porch light down-light(tree-or house-mounted) or up- light(house-mounted), and front-and side- yard activity area illuminated, wired to interior. Conservation/Sustainability Complies with Energy component of Certified by USGBC or LEEDS for energy Building Code and water. Adopted November 2001 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 43 Amended September 2003 reZoning Ordinance Page 44 ARTICLE 3--RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 rifi-zoning-Ofdittanee NEW RESIDENTIAL DEVELOPMENT D. Land Design Standards—New Residential Requirements Desired Land Design requirements are achieved by projects in accordance with the following criteria: 1. 1: Provision of Public Pathways- Public Open Space Easements a. a.------Base Standard (1). (1) All Residential Development shall include a provision of an open space easement of a 30 feet, and i { y C'1 y AYf of n n, 8_foet wide trailbuffer with 8 feet wide trail to rear of houses beside open space and a perpendicular 30 feet wide access from street. Trail shall be constructed to the City's standards in the easement, if any open space occurs in the residential development in the following situations: 4,• adjacent to the l00 year flood plain line. ■ adjacent to an Electrical or Water easement right-of-way line, and/or 6:* adjacent to the public property line adjoining Lake Lavon or Lake Ray Hubbard, and (2) (2) The public pathway system easement(s) shall be connected along existing or planned utility rights-of-way and/or public property lines to any existing or planned public trail system on abutting land. Locate the public open space easement to provide for future connections to be made by others across intervening property to any existing or planned public trail system on land that does not abut the development. Public Access Street _ �-----.�. • Subdivision # 1 Development Public Open S E :: with concrete traii Open Space p ice _. b. b. Desirable Design Attributes 2. Provide single-loaded street along open space. No residential lot shall back to public open space. 2. Provision of Public Pathways ' • '.. . :, :. _: • ; — • Perimeter Screening along a Thoroughfare Adopted November 2001 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 33 Amended September 2003 • w riPt-Zen nanee a. a:-----Base Standard �t Lit__+ht7 z Zs�`hb _ w1 --r.. _,....... - ,,, ----f'd' r— .,,,,,,,,, 1 ',,.:;!. 0„,„:,;,„,,. ,i„,,,„i t:,, ':',111 moi: :,,,ikia Subdivision I . \ Development .a!!, Mitg I„,.: - „„ Vigl I '''1!'!".!'!i'l. Perimeter meter jiggillopPi =fir _ Landscaping . _ _ -2 .:`:M„ . : - Public Arterial -- - - -.k - -- .� _ _ �. - _ . .-. _ • _.... .. ..._ . 1 1 T +f E b. All Residential Development shall provide a 40 feet wide buffer, with a 6 feet wrought iron fencing between brick or stone columns (50 ft o.c.) or a landscaped earthen berm(3:1 slope). Such perimeter screening is required along all residential streets that consist of a 4 lane divided thoroughfare with a right-of-way width of 100 feet or greater.. Page 34 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 ?V"-Zonit.tg-sardin-anee t+s 7.----flii- — - 4.\\I' ;_-,=:: I _ i . 1 i •;V 1 f subdivision .1:-:'''. °r" Development - .:...- -:.:.1-: z \1,:]:i I '''''• • • 1 [ ;1 .- ::a Perimeter : + - 1• k'�:, ;; i Fii =i - :: i + 1 , x Landscaping -..ii .'; - A G � S 1' 1 Y 7 �. 1 �I A v- i i i G Public Thoroughfare r aaa�sm a armismis r ■raaarwi : anommea ■ * ter r . .5 .11 1 1 , r-- b. Desirable Design Attributes (1 walkway-around-the-clevelopment-perimetef-NNhen-edjacent-te-Increase buffer width by 10%. Face residential lots to slip streetiparkway with no residential lots facing, backing or siding on thoroughfare. 3. Provision of Public Pathway- Perimeter Walkways and Landscape a. Base Standard All Residential Developments shall provide a 5 foot minimum concrete public thoroughfares-440 poin.Thiq- (24--Pfevidetwalkwav with a 10 foot minimum width landscape buffer with—a:-8—foot . t the perimeter whew-adj-acent--te-pub-lie thoroughfares.-{-1 per] 3blr Residential s —Pua. the development to provide access to the subdivision. . • y Large canopy trees shall be provided at space-.-50 ft o.c. The walkway may be located partially in the landscape buffer and partly within the street right-of-way parkway and must be placed a minimum of one foot off the curb. Minimum size for shade trees shall be 3 inches in caliper and 14 to 16 feet in height. Ornamental shade trees shall have a minimum diameter of 3 inches_ while ornamental flowering trees shall be eight to ten feet in height. Adopted November 2001 ARTICLE 3 RESIDENTIAL DISTRICT REGULATIONS Page 35 Amended September 2003 ?-zoning-oniinance 1 a' Minimum Width ---i ...:f:..H.::::.',:,.:.,..::.-`. ;. + 8` Minimum sidewalk 1 Subdivision ',',i-‘--.-.:-:-:!:-:-.-i] Development 1-':'!: !':.::E,,:i._;j '''.. ir to :.:'-':-1'..:.::'-ii.'', .. . _. . . .. . Connection Open Space 30 Minimum Widt b Open Space (see Public Open SpaceEasement)asemen ) .,,i.. .:.:-!::.i:• ••, i,-..-.-::::ii, I 1 (4)—P-rovide-a.-50-feet--wide---enfteetiefr,--eve-rHO-lets-;-with-a-4-feet-eeeerete-pedestFian-waW5 r r poin-tsj (�� r-Y�rr r,Dry� +� .�� i r i... eets7-with-an-8-feet-eoRer-ete-hike-iand4ike-tfai6-f1-0 point-s] r The following trees and shrubs are recommended for landscaping and screening purposes: I. Large Trees: Pecan Red Oak Burr Oak Water Oak Southern Magnolias Live oak Bald Cypress Bradford Pear 2. Small Trees: Page 36 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 re-Zoni __01NdiQ77tYea Yaupon Hollies Crape Myrtle Wax Myrtle Cherry Laurel Red Bud Japanese Black Pine Cedar Elm 3. Evergreen Sh ru b s: Red Tip Photinia Burford Holly Nellie R. Stevens Chinese Holly Yaupon Holly Clearra Nandinnia Dwarf Crape Myrtle Japanese Ligustrum Waxleaf Ligustrum Abelia Junipers Barberry Asian Jasmine Honeysuckle English ivy Boston Ivy Liriope Monkey Grass Virginia Creeper Vinca Mondon Grass Ophia Pogon Elaeagnus Purple Sage Pistachio The following trees are discouraged for landscaping and screening purposes: Silver Maple Hackberry Green Ash Arizona Ash Mulberry Cottonwood Mimosa Svberian Elm American Elm Willow Sycamore Adopted November 2001 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 37 Amended September 2003 r/t--Zoffing--O-rftinfuaee I 4 1 o' Minimum Width i- :::*:.= :=1:i: ::,:1, a e.!TT r r'T ,. a:. T l r :` i 1. r�i i _ 1 _ , • 5' Minimum :,i r ,k 4 r . sidewalk i}f f r �1 1 rL 3_ iF 1 F1 i k 4• C k 1 i: , i <3 , Subdivision a i =.., .,1 ( Development r• , , 1 RIk.- Connection to 1�i e a t I. L`�1 I r! . • • i !` c ,rr ;r.i-•yrf a/i- Open Space I • l IiI � i yfxr 'i ,'i 1 4�r�fl1•Pl�1rir 40 Minimum Width _ , Open Space when no access to ! I l i r l i[ (see Public Open _ _ open space exist Space Easement) i r r r l -r 1 I i[ 1 r 1 rl i 1 -1 4 E r L.' 1 •1• i C iC!' •: +1I{ T l 1 =1= !1!L l 1 •4 1 1 6::i;l a ::i t w r 1. Lot Lines—€ e T F ,. .. .. - a• f 1 T.....i ..1.F'^-T.r-.. n r r r r.!r r r, s.e .. e x 1 f fir,_`'x., - ••• r r v 1[ .i T r t r —T}1 r A ,..r 1 r r!r +.1`x ,F •e s.1 s e i:i i- ,}--E} ''.1 [ • .�rIr 1 1,• r[}. .1 I r 1 1 r :r l} i.l-k/`1...L i l l l•N - k♦ -. -- J !1 1 +!f l>:l5 4 i 1 C i 1 C '.r• .••i Ci•'w,, m,.•:+• ,...a•.i.i•... n .4 a:r r..•• �..�••C a�� •• ^•.I lf.ii..rC.4. Street t-. ref! ::::::: •:!•!'. ^'rT.'T• T F• .SIT•-1--~'~�'r..`.Yy .. •T f•• •-�.•.•� k r*• !r !'f e ^f./F 7 Y�Y r}1• •S! f!r •1!Y' !1 t. _ AC r } r i r�r,i 1 1 F a,r f`p 1 i / .1�r,'i,/il 1 i!, -C C s�•�S�i' ___,e. Property Line 7€ Lot Lines b. Desirable Design Attributes Mixture of large/canopy and small/ornamental trees and 8 ft walk/trail, benches at node when adjacent to open space. Page 38 ARTICLE 3--RESIDENTIAL-DISTRICT REGU'LATION S Adopted November 200-1 Amended September 2003 w s re-Zon nante 4. Lighting and Furnishings Along Open-Sp teePerimeter Buffer a. f:-----Base Standard On open space easements, public walkways and trails, provide: (1) (1) Low height solar Solar-controlled lighting every 200on 10-12 feet decorative poles every 100 feet, common throughout. (2) (2) Benches with backs which meet the city`s standard park bench, at a minimum. spacing of one bench per 1/2 mile, or any portion thereof when adjacent to open space. P • • ■ r f]-Oj* s-f . • 6. ---(2-)--P-r-eviide-water--fountains-at-a-nininiwwspaeing-ef-ene-peF-mile,-H-0-peitifsj (3) Provide decorative paving. [5 points] (3) (-4)-- - Provide a ed and cross--walks, [5 points]at street connectors. w g . (4) No re r aetual-walking-distenee-along-e-pedestfianProvide detention ponds, fountains or pools within buffer areas not adjacent to open space development. b. Desirable Design Attributes l) Provide trees at a maximum of 30 feet a.c. with down lighting and ground-level lights. (2) Provide facilities for a balanced exercise program as part of the walkway system ever, /I mile. E. Street and Sidewalk Standards—New Residential Requirements Desired street and sidewalk. •- . s Adopted November 200 I ARTICLE 3 RESIDENTIAL DISTRICT REGULATIONS Page 3 c Amended September 2003 ?Ilf?"--7'tming-Urdinlillee. • r T t 7 • 7 ,,.,..:,.::-7,',.,',,,Il!,!..)1 .l..7,7....;'.... ..,:.•-i..i...''... .;;:,::::ii::'......1:::: J.1.1:1ri.,::::.,•,,;1'''''.•.'..- -'.",.. .4.,.;;,.,• :•'.'.A!.. •'!,:.•: .., : .il',. ..:..-••.:.:•,•• ti r.. +��''�: ,. . ;�::,,..,�v .""kci.� y, -•K `�wri.:±ei•� � :.��4....�, _ i•;x:°'n•':•4 .. ^.•i� v-. • _ r • • • - n : f ..-Rn. �-} ec.� ,s.r.:e :�. 3, Ic $S' — n.i,9.' q*.:•.•. ".�, ;ram. y....: • ,i..k•• hY ram. - ^7- a" - y. _ �. •.r--- � '.:'��' ter: c�rTn•'s.' tj '� :ds ...�. !fin. tt Kr� -� � - . � ^��.r.. � ,'fir `d.i rn-.:tt'•�..: li { •^J:r • ' N a.+f '{ ^k: i ,: eYd .[�r .•.-- ..4.... .. .,......,.. .�... :..�.. L..� _ .-4• :r y?.. '�53-:•' fi .:�r.� - • ii.r tir• i. c '�.c+ - .t-7Y s.-+k. ',�...: � ��....��. �::'.t.$.::- •.�, ate'.` ... 51-,'{r • • .Tv st� .4£.. •, y ,'M'� Jn•:I.+rs fr :'fib c:�-v, ... - . pf.i •i= l -�7'- -'.'�t.....'F. ,'... ,Y• f',f�f.'f:.'f.,� •.ti i'iirt y.F, ':Y:1. Y��an' R' E •i 4:r �r y� a'i.. 4 ��l� +':.:. '': .'=s rll�Y. ..�a,�i," n., 4. y��� teTi[ON� 2[�(3 herded Se denIITR T � 1�� Amen T �CLE 3 -RESENARTI AdopPig d November pPZftfljflf R Street and Sidewalk Standards Street and sidewalk-ems requirements are rejeet-sachieved in accordance with the following criteria: 1.. Street Treatments- Curvilinear Streets a. a. Base Standard Subdivisions with curvilinear streets allow streets to follow original topography, reduce visual monotony of lot appearance, reduce speeds through residential neighborhoods, and discourage cut-through traffic. Subdivisions which develop curvilinear streets that meet the following standards are desirable in the City of Wylie. (1) (1) Twenty,five percent of the street lengths in a subdivision, excluding major or secondary thoroughfares, should be curvilinear in design. (2) (2) -The term curvilinear in design shall refer to any street segment which is designed with a degree of curvature not less than 3 degrees 30 minutes and not greater than 22 degrees 55 minutes, and which shall offset a minimum distance of 30 feet measured perpendicular to the initial tangent line of the curve. Computation of percentage of curvilinear street shall utilize the centerline of all residential streets within the subdivision. R-0790#1#4 • -and-Suburban-Residential S f^y • * r ..■L1 Cw.l.l'�t'1.1���lln li'1"iI�1TLl • to A l en [I -pomsJ • ■ r es IL—Rase-Standard�. h y Adopted November 2001 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 41 Amended September 2003 .� +�cL �. • • • friCA • • • £ •'+��'9'-,f-`.]'.-ii�'.'•''�i:'1>•:.�:i'._(:j.,r;;kr.irn. :":Y7:7(15'f.i:[fi.Y E f-�Y� - .:.�uy.=SSG :,5�...�,..�5-.;1 .litii.:.P:�-�.Yr IS�.1•aY•...,, i�r'=:.'..:.: u::a •�1.'. - e sir .�+.r.i.�... /{f • b. b. Desirable Design Attributes None . 4 Street Treatments Entry Features and Country DistrictsMedians a. u:Base Standard • Y• 1 -and e^rubdiY ris*rrr! �1YY77 '�l['f_t'1E71.711 i.1f'L''__.YY r1�i n-a-subdivision:-0-0190-in-t-sl Page 42 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS* Adopted November 200001 Amended September 2003 ■ r rill-Zon ftanee J '�6'3-L �.:dr-r.::is:+:.f::':i`.'c'-." •. -'[ is-. Y ���N"'..j C}Y.".- .. ,�•feel"i: i;`p•k, 'n n`�^,.`fin- SAY ors:. -. .: ', -• „'I.� ram•'' �+ y 4 •,3•p ' kc� r�f-��s a'�`fr��•' ,4rps. gsR=�5 � - fsi':3A Z+ {7-l'_:'jfc_:>r. •'' y]I,X,' :.r r 4;r+• � T• . ' �,:;�f.ev 7 rl is c_ .� e.;.. 3 _ T.-: ;.. 774 f: a 641 - • "°'?• x., ' Y •P•a- K Awl - - _ .. .. • .. F�rt.;r:•. 4" ff y��9M.�f�Ly M wrx. aTAll entrances to a residential subdivision shall have architectural features on stone screen wall or stone monument(no brick)within landscaped median to first cross street, with decorative paving and cross-walks. Entry walls/monuments shall be illuminated by means other than street lights. b. Desirable Design Attributes All entrances to a residential subdivision shall have wrought iron accent panels, or water feature, or 2 or more different type/color of stone(can be synthetic or cultured). 3. Street Treatments—Signage at Entries a. Base Standard - r r • Z • Signage identifying a subdivision must be incorporated into the screen wall, or monument sign within the median at the subdivision entry and shall be illuminated by means other than street lights. Adopted November 2001 ARTICLE 3--RESIDENTIAL DISTRICT REGULATIONS Page 43 Amended September 2003 V '-ZnningOrdin an ce t , „no, - . :Awr • •. •Tye T _ .1 : sir • • • t.-, yi4r - fir: vi Y'4.'y;cr.-.'• �`�;",•:�'. .. Cr-: I.•ra • b. Desirable Design Attributes None 4. a:Street Treatments— Street Name Signs a. Base Standard b. -Block numbers shall be incorporated with street lighting that is coordinated throughout the subdivision. b. Desirable Design Attributes 7. -Incorporate unique street name signs within the neighborhood or provide backlit signs. 5. Street Treatments—Pedestrian Crosswalks a. Base Standard All crosswalks within a Residential development are to be 7 feet wide. and must connect to a pedestrian sidewalk system of decorative pavers with pedestrian ramps complying with the American with Disabilities Act. to provide a clear_ continuous pedestrian and circulation system throughout a subdivision. b. Desirable Design Attributes Use of decorative concrete pavers 10 feet or wider at all crosswalks within a subdivision. Page 44 ARTICLE 3--RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 pe-Zoning-fs-rdinan-ee 6. Pedestrian Sidewalks- Sidewalk ' Locations a. a. Base Standards ■ e r butes ef-2-0-i3ereent--ef--the-sidewalli-stiffaee-ar-ea--f-19inti k • feet-apart-en-eaeh-side-of-the-street, pathwa r :s[: s�:^;�•;Ki,.�,k:-'. �r rx �r,-s' n. -Spa'' a: :k•�. is T-'e'�-:i lt.:l'ti:..V ai{i �:�'.•���Y.� .�¢`,• >'�i.�}{F ..rr - 'r L.1.:�i:;!r�'l:i:.:,_;-:� .;ems:•;-+.�, • f ll r7. 'd'. r,..Y.l+.::'.Y;_--'a-'�':i_.I.'.'".f'N'�`i_�'-�"•tii.,�... • . -.it:':• y[ ... + 1:,14.�]d�:�.`iiNmG Yf::Yb'i r'F.vi'&���•_e�n!N','r; - 'i:F'.4�i.1�4:.'�.. �s�''�y�i:'�P',Ziti•.�y�;'F'i i�. n.�. '`;[[R' Y.;�"'.�.>' -}�';S'�`'6'r:n:,"i:fi�•":-•;' ,,.k;.���.'iiT,; <.yr•E'�°.`sr�__� --sus.'J'k?'�'Yr� .`S.r •.F�� ;''--'� _ :.?:'.�',�-'=�-;",s.�:::>.:'=i'�i,:•.+...,�..; b. 5 feet wide concrete pedestrian sidewalks shall be located on both sides of the street. in the right-of-way of every internal street, and shall form a meandering continuous pedestrian pathway system throughout the development. b. Desirable Design Attributes Adopted November 2001 ARTICLE 3--RESIDENTIAL DISTRICT REGULATIONS Page 45 Amended September 2003 • ■plipt . _ • • • R , fit. l''', .,,. f , • �r I'tF'fir imow 4:- ii<n1�4r'.''} ^'y�,'.y: ;�1A3-^ _ _•• -''''^uric•1:_i.�::t !'•' .Ga:��:�;._y<:':;5r.:'::1•c "f..yer-.-r,,��rrfi :��.,:�a��•.���,1;:.,-.- r` .�n�`�_' ,'i.;# :.�2-� r:' yY ,sgf�lhe. _ r.• S�':'"•:::�-::',:. ��'f''_.' !i�ti....L'SY�.� ?�; :�. ....+.�i;.f��;S t � 'b;-7--:: j; .L .�(.-. �'. .:K.:.�. y� n[�"c':Y~ '�k;L..:��.�•re _.-���R'.i..1J �'i.'- � .J{.� 'y'i x,.�!�, J' -.::'-�-:i:: 3'. �l'�•'�2rL�' �1A-• -:oY:ti c-�a,y{.: k e'•.\ rLw.'5�+.H�i,{:,ymil�, .�1,••'.Y'"��5'.'�-1 f•.��'" i7,:~yk:i yy'� �;;�x� ��`'i�.: rN�:'Rk. y.�ji✓ .`2; -4-.�.:• > .r?:,;•�... .',L :-h, 4� " [i•• i �LAY}�[.• } " y..e:,1',(.[ '[ nYY: •�s5,.. ?° � �'��.f,'Sf;<'•_•1'•� •�•+3 K• 1`-j��nt�'�-�•..�:� :.1• s�'r:� .�... „t:'�ti.ir!..;f,i i!':+rtiti � t'. � f:.�,���..;{.k. k'F �g :. a'�;..�`i..-3�s S1.�:1�_ L'wY.�:::.-•#.�;.�� Sd •H d'vilis re17+�e%`'-f�•1.•.iMr�'��r` ''.ril-'� f. --f�'''� i r-y7�"�K ��'4'V r��•-�S�._1k;�(f•ny �r.., ,y�:,T'�:�`4`C1K!':i.r�r��.�'i� :.b�`l�� �. .r i� .]j°"t,i:f�'.. �. 4A),,Iliit.' • r ' . +r • • • districts. { ARTICLE Ao September 24)�3N ded Septem�IGUL T € Amen �ENT ALDISTRE ID—Pc C dp pied Novembertuber 2001 rits-Zoning---Ordinanfe �r.r0 r * k M 9 l' f_gl l @ •-Sc.. :y=,.`aim. "S r �:F �4:'' - - =.�:sir:.;`;':;:;`•-.;;':-':. ,,r _ ..•�i,.:•..✓. .f.�.�:• -_.��t�'i=i�sit:,:...,:t,r....�.`,qr::'=R=l�fJirr_T"3ixh. -.. `v5�''rah.,: �s"@�'; .:lr.'_;.p:.-r.` a;;�;..v:.•s--q�.s-,?:vx,x•;.._.,1-r.�.rr_;.�'��''`�'+'-;Fr- �2 y. arx �;::`i��,, .L:,,;,4--�'s�';'I..r� ,�."":;,-•:..:vim' -.'.- • .,i• -•_!�r.:Y.t:,z'_,'s:�.rk`•.r"oi�''a`..w:i'�,.�r�'�s'z.r•�x�'�:r�'.1�:;::.::.-'`. ,.K.s. :may.' 'f,_w _':P ;:• """y�". ,-. , ... ,h, • ; .s. '.+ern ,y;',r:-1c' .:n. .. �• I, w!I •~�y _ ••lt:�F� A.yr�`�`„P!'y •.4�;t - - •y'rb A rev„" 114,7 • • fl1'f�ix-'x• •4:�..-.;.i., �i^Y 1 {,. j. 4.�.;� •'pry ::��,��;r�.: �;�.,. .� .�''!ti.:.;•N��Sp`i.,'�-: ..���:[r.: .S. h�,hyl.'• :1. 'N,.vd� S.�•:�'C _ 1... .. 'r:e';>:fei i:ci;,R�i;::r' -:,a-.,�'Ca :'-�i,Y'S• .:r- • . .. y ;-•-r.mat''`:': 2 ...e; .• [ ::t::.:`.':i•-3 • �.� p. •rAa" r.9:si.�:!• ,�y-�.. • Plan-th&-Residential-Developnient-s&-that-ne-res-idential-ttnit-s-baek-owte-major-ther-oughfares—f-20 point •-.�'. �..,- '�3--.ram r•. .::a'. ,,... - ,!ae. -.. ..,- "... 2 r Li _.RaPe-Srs»'1 Lill r y sidewalk-s 3 r r r ■ ■ butes- N one 7. a-Mail Boxes a. Base Standard • decorative concrete pavers , . Mail boxes shall be paired at the lot line on SF-10 lots or lower and shall provide number plaque and brick to match the resident. b. Desirable Design Attributes-: • e • y a. Pair mailboxes at lot line and incorporate stone and same house exterior trim to mail boxes. 8. Pedestrian Sidewalks- Sidewalk Lighting Adopted November 2001 ARTICLE 3--RESIDENTIAL DISTRIc r REGULATIONS Palle 47 Amended September 2003 a. Base Standard Landscape-.Ofdinance as ame daa 'ale -F ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 ?e-Zonin-g-O-rdinftn-ee II:Decorative street lighting shall be provided along residential streets throughout all Residential Developments, providing low illumination with solar controls on decorative poles every 150 feet both at intersections and mid-block. h. Desirable Design Attributes: ----Geor-dinate44antin • Lot Lines--)1 Street o ert Line 30' 30' 0' Lot Lines F. None Adopted November 2001 ARTICLE 3---RESIDENTIAL DISTRICT REGULATIONS Page 49 Amended September 2003 .if•.: „fi�yr_'_ .!,.,,y,.• �:l�''• }�- irk= Y - ..s.,>i.:--'•�:z•[,. Fes; =S. s t^k h"t�1{. - - :'�<':� :.f..r�•ir' 'LF:3�"'-"y�r ?•s�`•'".,'�' .T.�-�sr.� ,it>'�.'iG"p��"sr'r�'::- ';:1,: �:�1 r4:i+.1 .��.N�°�3f ��R,-, _ •.�...j=f.r.i.h.r'•��y, �{'�= ititig-Zoning--0-rdinanee S:P ,� - rr rC•• • _ ..S._--.i:�`'2.ice+ • ::i:.•<�y- �.y Yf �"ifs i..tw� .•� " it ...,..,err;•: .. yn'_ .re'�y:'•� ..�^ye„,r'"�'4 yr.'�, 4. yy.d._,;,.r•.;y+,-`.3:�,>_�r�.iy'�:°`. 'r3`.�i''`F�•,.: .:�,'f,r;, �,'� x'�-""3.:c,:•;�'..a[:•-'.:h'.: ,.. ��'.~: �.w;e,-.• .;1J'. .:_5.4 ?f•l�afa.ink�i�.:i C�l:. {�i-'e�.:�-+:�� ' ..i'S's ::'i?. -=-'A�:- .�:;. `_::�:.+��•;a:r:x•:^-..5:: tiro?�':j�.:ls��:'::.:'::=':;'.":. .�,;t ��: "Sx,. ...l, s:i r i -1."_L�."_ .is x:.•;;j;� �'-+.u:'.c_:.;,}-. 9e Perimeter Alleys a. Base Standard Alleyways adjacent to major thoroughfares shall be screened from view from the public street with 6 foot decorative or solid masonry or concrete walls, wherever they are located parallel to the public street. Landscape planting may be.placed on the public street side of the wall, but will not alone be considered to satisfy the screening requirement. Na lots shall face thoroughfare. Sof*.. i • >,a', tom• .. - .. •.may.,��,�'C�rr -�T?W - -. .rw:.'+:i•V:C:nK•re�a`�;zY:.'r,£s'r':,j ,..F:�:S..�, •.: . _ .. - _�"T7�fivJ.�.'u.'',hJ.`��ti•�� ar,�� 1 lam@Y�_{.�_�'..,.� • Lf .7 a �. •-Z',- ".•!'r: .:.t�S`i�:r'..J..r.�:.•:;�. - _;"h'y:..t'F.:�.:. ri;'�i=' �Y-. i • •�""LV.nrC ,1..•."-i}'a5i_�:�.y.rf_J'r:.'y'.:e;.jq{.7 ..•7..' //��'' a '•"•.� fir.''" ••- •N yf:."^�••�r`:'•••[w6.`.r��.:r..i•"•,.. �� • b. Desirable Design Attributes 1 Page 5() ARTICLE 3--RESIDENTIAL.DISTRICT REGULATIONS Adopted November 2()[) Amended September 2003 re-Zoning-0-rdinanee None . .. ...... _. - x i .rx.�- :rr�:r _ erg:"'%<::,.. !r� r• fir. _.�.s. �Jf 13:.,�'N.. :i'� mil'••��.' �C5'.''•e'•`r p�.-.F!'� -..Sxi R'�."--✓�"i..?A' ri�',- i.'�_;,. ��:"-'�7�.pY'•:1.!:%... ;•4£'•....+.,l'•w-�- 'ik. •: • .. :.:a:, •."-v,f?>?,�:'r.F.- ;;=,y�}5 e�y"�._{°fir;.fi���'S�rnv".!r,�..,.F.- �_��"9f•.".��'�.• L: ._::•'-..:fv:']S:o-•.•..,�Ts?''S`C?.k�i"?S'�.!k_.3 i'i. V""'.r,,�i`f:' r�[• �i:s-,�_ esn.ar.� :cs�'r�:r.7.'�:s.� +�{+a' .;1.1r• • s.1gY.7•. AY •,� 31 • 1.1 ;"'?' I•''fw .i•...i" d "-':�'' ir- • Y � ." ..�ja ,".ti:: ��^: - ':'Ct;:��•-- •- a=r7'-' '.P _t;: ,. `•••.. Y '.1ae�:�'�'.•'_ F-� 7 " "::fdF:•'�.' L„rfTif..:,•- '�CY'F "1�`fL��y?,+ - • .. .��Ik'Y:,7;�.'.•:�_•"�.T;sc S ,:�:"� 4�_ � .mew �.�Nf:" �=' ... qqY • ;„I • }, • • '�,�.-. ,e'7, --Y.� .k�• - •fir•. - h.. .i'. k F. Architectural Standards—New Residential Requirements Afehiteetafg-point's-are-awarded-te-projeets-4-Reeefdanee-w4h4le-fellew I. 4;Building Bulk and Articulation a. Base Standard In order to avoid large blank facades, variations in the elevation of residential facades facing a public street shall be provided in both the vertical and horizontal dimensions. At least 25 percent of the facade shall be offset a minimum of 2 feet either protruding from or recessed back from the remainder of the facade. A minimum of 60 percent of the total area shall be on the l5f floor of all 2 story dwellings. b. Desirable Design Attributes None 2. House Numbers a. Base Standard All single family residential units shall have stone plaque with resident address beside the main entry of the dwelling unit. b. Desirable Design Attributes Provide a lighted front wall plaque on all residential dwelling units. 3 Exterior Facade Material a. a. Base Standard -All single family residential units shall have a minimum of one-hundred (I 00) percent of the exterior facade composed of kiln-fired clay brick or stone laid masonry units or masonry stucco, with 20 percent stone or decorative brick accent, excluding windows_ doors and other Adopted November 2001 ARTICLE 3--RESIDENTIAL DISTRICT REGULATIONS Page 51 Amended September 2003 re-Zoning-Ordinfinee openings. Glazing shall not exceed twenty-five(25)percent of the front elevation of the residence. Dormers, second story walls or other elements supported by the roof structure may be composite masonry materials if approved by the Building Official as having the same durability as masonry or stone and when offset at least two(2) feet from the first floor exterior wall. Wood_vinyl siding and ETFS materials shall not be used for exterior walls. The Building Official may grant exceptions to the above minimum standards for new construction when the material and installation are approved b-y the Building Official as having the same demonstrated durability as masonry and when one or more of the following conditions are met: (1) (I) When other materials are required to blend with the historic architecture of the house. (2) (2) When the construction is new infill construction.and more than sixty percent (60%) of the existing residential structures along both sides of the street and between the two nearest intersection streets of the proposed location do not meet the above minimum standards,new construction may be permitted which is demonstrated to be equal in durability to that used in the majority of existing structures. Page 52 ARTICLE 3--RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 p$19--ZonV'-zftniflg i mmee .(3) -((3) -When a special architectural st rle far a specific location of individual residence or subdivision of residences is approved bythe tannin and onin ommission and the Buildin Official determines that the material will have the same durability as masonry. '3�-�frrus- vt ff - - .. r• - .t -'�� '^ftrt'� - •qk'?°'-fi^ ;r..;=. 4 �� �' �v i• L_ ,,,,...-A,., fr j,� y ^3 rS. rr=: Ei'�i•l,�•" S rrti - j;. d`M T r. : s...r`.` sr .ri _ mas:';`'".''"�f :: Vie u'� .ems ,�r r• F• Ilie'.�:I':. yr. ,� 1,N y� . _ ,• gip},�,r. ,x;• sti ,,-.''7,;:'''' -2'.''' ' ,:i.,,, '':iii.44:rg ir4''-' P*414-7.'` '-':14454:4;'':''I'''.:.•'.'''-.-,:;":T ''''''''''''':', irty ,,: ,,,,,,,.,. •`: F ¢p_' n fib er!'' .,- rivw„,„ - . : fir '#r� '� 'A� �` _ • ;� :'•:� i-' rir -. ;}. .;.fir.': .. ■ � . ' i'll °' v.L _,,M;:��'.�fir. �v; �? Y #ivy' +Y ! i'SIt �:�.".0. ,: C:aI-:+., -gin F,• iS'w f.,.1r .. .. y ,/,, i:•e'! Y �i - F ..:'�:'�. IIFYYY ....-.s!_. l.T�s' �1 � r .• r.`!<:.: .:., 7.1,::1 ;ii:0,vir:"7z,,,iF,;',1,'•••:', .,,:,,,.,,, ;i:,,:::,:,1;;;L,si,, ,,,:41) '-,.: ff .aiGw.�' .fuJ ',89"•�.,,wo�. 'f,i'h'YF:E':� .�F .� , --4,-e-,z-L,L.---:,•.'Li:',.;,;i,terrt-,.....„-,,, --.?,,r-; ,r� :�'.. �a. Y--.:� _ „y :•5°'."",-v in:ii.-mom':: r'.,,,,,,,....,•• 4 Y' ........ ,,,...,_,,, .=.... ----•.'-'•: ..,,,_,.,_,...., .J •'� ffir•..i.;:Y•L. .vb-nr ,?H. .-..a.:,;- ..,..,,;„;:L,,:: , . , .: . , .. , .. - a. • 7X {: - ::.,_.-, , .-s-.3Y���•`.J'5''.''i"•icF,'• ilfr .v. r:^ • t, _-_ .qF'`- 4,,,^•,-,,,w. N am.. 'r..., - c' "7: ._.! dr.'. o'l},L• if _' S +ri'�. • r- ,,.:ii r[` • x' yr. .�.�4A. } fir, .S.• �}..•� -e ' r:�. L' -, r''F�TY :�lr:?S�:.a_�i..t r....�r-'. -nf..rig.';''.�:. .w_ y.fir ,:F�• ;•r,.r•.L�. �, d= R `1 rae `�C s.J''d ��.. ufa 4 y ,, tip.: G• . i :. 4..;,, r:•Ir r "'4^n fir rf � r ir', .tirL�`:_ _r r _ ,i�,� C•� L7,Iw .eF�r • �" !."� �±C;' 'f+� .i.i A' ,�• ., �;,',. J:l*.. ,:-y'::'��y}�� 4.,,,--••� �rr "L'E ' ,gyp' twc'.' • •I .1 ti E4� `�,y.• r44ri '�M,Y � RM�'�`ylfy """7ii1... l '}Ft ",n '^.4iY ,'nji y.;�` A Flijilb0 irS YL is' .Al 'A , i J'. \ '-4 ,1,:. . .. ,,J . ''''''se-1,. ,'-',„ I' -..,;:'1. I;lit'' ''''!?',.;',,'-'.-i �,, .: 1 .t4 '. Avi ic,! -.,, ..•L . ..,..' ',..' - i !I #i----: ,,,, v •2 '''. -z '''',T • . a .". _.- .. ..l ;:Is:-,:. :rM1�IF,9.: .].%' r'1�.;f.. pan-rsr•tdh a.. Mom,":g..�:s 12-....:.nA.�� �N.:''". ._# "'aT-.� � � :cr . c� w.::'-:;�� :'�. �'�;i.fir, - -- - . '.tea '�P!.laF. r�+4iK,i,•.::r _�..r.,lY. ,y .ce•.... ,0in,:, 4-:b. Appeals Regarding Mat rial If the Building Official determines that a product does not demonstrate the same durability as masonr ^_ the applicant may appeal that decision to the Constructionhard. The decision of the Construction ward shall be final _ ,Desirable Design Attributes .Adopted November 2001 ARTICLE 3--RESIDENTIAL DISTRICT REGULATIONS Page 53 Amended September 2003 i-7ioi*ing Ordirrnrrne None 4. 2 Exterior Facades Porch a. it. Base Standard The front entry of any single family residential unit, which is the entry facing the street on which the unit is located, shall have a covered front entry of a minimum of 40 square feet floor area. There shall be a minimum of 100 square feet covered area at the back or side entry. b:b. Desirable Design Attributes: A covered front porch with a minimum floor area of 60 square feet r larger, or connected wrap-around on two or more side_ or pitched cover incorporated into the roof line of the house. _ &:exterior Facades - Chimneys a. a. Base Standard Metal chimney Chimney flues for fireplace chimneys are to be within a chimney enelosufeenclosed with masonry matching w . y 1 usea o +he exterior facadewalls of the heuse-residential unit and capped. b. b. Desirable Design Attributes: Fireplace chimneys willbe b i„k, ^r shall incorporate 40 percent stone, _matching the tar-iinaaccent exterior facade materials of the house. - 4. CRoofs and Roofing- Roof Pitch a. a. Base Standard All single family residential units shall have a minimum roof pitch of&-2: 12:1 10:12 Minimum Roof 6'1 - Pitch Allowed 6:12 5:12 to 4:1 :12 l) Provide a• .1 2" ""greater-_roof pt c -f me J Page 54 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 . .mended September 2003 10/1-Zimin b , with articulation. dormers;or a combination of hip and gable roofing. 110 points] minimum Roof Pitch ..."••••••"%tiiiiiiiiiiii t. allowed 8:l b. Desirable Design Attributes None 7. Roofs and Roofing - Roofing Materials a. a. Base Standard All single family residential units shall have asphalt-architectural-grade overlap shingles. with-5_inch exrios, re.tile or standing seam metal. Wood shingles are not permitted. Plumbing vents. attic vents, and other rooftop accessories are to be painted to match the roof shingle color. b. b. Desirable Design Attributes r metal-roefing s+ w • yz{ -pointsi • • • 6. None 8. Roofs and Roofing- Roof Eaves Adopted November 2001 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Pace 55 Amended September 2003 ril-Zo-ning-Ofdinanee a. Base Standard No wood fascia or soffits are permitted. ' ':;];,,::;-:tar-!'W45;. ,-,,,,, .:,,,', -.. .i'',,; 'wl'i'r i . r r' . '''',-•• '• ' '/ ..,,.. , / r�. yam.,• b. Desirable Design Attributes None , Repetition of Residential Unit Designs --wits with a Repetition of Floor Plan and Same Street Elevation a. EL Base Standard A minimum of 4-7 platted residential lots must be skipped on the same side and 24 lots must be skipped on the opposite side of a street before rebuilding the same single family residential unit with an identical (or nearly identical) street elevation design. The same floor plan shall not be repeated on neighboring, side by side lots or directly across the street. 1,Nc) �y 7 6 5 4 3 4 1 MI4 5161 !-71 1 .112 _ 2 lots skipped opposite side of street -T-- —2y-F.:17-7T— . .Eo. . 47 T- lots skipped same side of street 7 ! 2 ! i 1 NO L_____L .__.1__.._.__LPLL._.__.L..,._.__l___.__J____._l�. _1..___-l~__1 1__.._._L-_.J ..w..L____ NO 7 I 6 5 1 4 I 3 2 1 1 2 4Lr'l 6 I 7 I • ,. , 4 Iota.skipped ppposita,'ode Qf street T-,--.2: 7 7 7,7 • �.,..,.._. _...��. .71 TT 7 ..,_. iat skippd samr e s -�f scree 7 - 6 . 5 • 4 • 2 1 I _ 2 • 3 • 4 . 5 • 6 . 7 • NO Identical or nearly identical floor plan means that the layout, size and ftmction of the rooms are essentially the same Identical or nearly identical street elevation design means little or no variation in the articulation of the facade_ height or width of facade, placement of the primary entrances, porches, number and placement of windows, and other major architectural feature. it does not mean similar colors, materials, or small details. b. Page 56 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 ■ r Off-Zo-n nfinee b. Desirable Design Attributes (1) A minimum of 79 platted residential lots skipped on the same side and 46 skipped 011 the opposite side of a street before rebuilding the same single family residential unit with an identical (or nearly identical) street elevation design. The same floor plan shall not be repeated on neighboring, side by side lots-f4-0-pointsj, or directly across the street. 9 8 7 s 5 I 4 I 3 2 1H 1 1 2 1. 3 46 7 9 lots opposite side of street jLJ10 porn s 7 lots same side of street=10 points 91--FT-7 � � � � 2 � Pr 1 27 171 5 7-7-T8-1-7--F .�..._..._ �_ _L-__._.L_ _._.__ _..�....,w._....-.__.._..�. dCli�al+�rirzr� �_�0 sr'ifz y rn�n� i.L L.1L+ .rw i. Adopted November 2001 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 57 Amended September 2003 re-zoning-Ordin-anee ........__I..._....�... ..r.__..._..�._. I .......�.�._.�.......�_.L.�.._ —r 6. • • 9 8 7 6 5 3 2 1 I 2 I 3 4 I 5 I 6 • -SJ ..-...�,.�.. lour- 0611 ■� •OttWGt�'i 0 plots . 17;. 97 its samq side o�street�1 0 pouts 9 . 3 2 1 u 4Li 1 6T 7 . 8 9 nK _._......_.�,.... _.,,....�.... _. .�_,; 10. Garage ! . .■ i 1 ;, ■ •■ Y w A f Entry a.. a. Base Standard Garage doors shall not be located on the primary street elevation of a single family residential unit .. The primary r street would be the addressed street front. When a three car garage is constructed on a lot in a 2 & I configuration,the single car door may face the street. Garages may face the street on a corner lot side yard. Each garage shall be a minimum of 500 square feet which includes a minimum of 100 square feet of P storage space. - ?L 15 bb. b. Desirable Design Attributes pret-fudifig-t-eviard4lie-street—H4pointsj Page 58 ARTICLE 3--RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 ■ ■ f - Alley © - Alley All .,I—___F__—I._,V1.,,_.,,1_P,-7,-•'--1-Z,-,;_.,4.e 61\:.;1•k._"12.' 1-- 1 1 1 I I I # . i :''i:: SideEn + ..- I _„ s, 1 0,4a,"A1 �.� T `. y'' J7•"'�'�Hl l_T,:t-i-:.,. E....._1iIII -_.._.T.....,_,''.-'',:, .;die&# .: r :e; ;, i_i... � T � i r :i1--— I!I_Ii.r•'.1.-_1l.!1)6:,,.'4_'_-__,,'g-.._t:ia.-'i: .�'s iar•, ��1,`.le . •. ;._=`d',; 1 Z r r� "iA�i y.:.•iiiiit�'0"dd44.. i : 4Yi. Si •,.t`: nanee f ti:, L. Buildable 8utid � Buildable a V T = area 1 area 1 area itL.atVne €_LotLirre _j I . . _......___, -;_------il '' ,...% i---Lj Public Right-of-Way Public Right-of-Way Public Right-of-Way r , • 7 • • • • i • • ■ : •■ ' •• i L• •• ■ . •• f 1 i ! i ■ • 1.■ r■ L COVET Each garage shall be a minimum of 600 square feet which includes a minimum of Zoo square feet of storage space. 11. Dwelling Size a. Base Standard The total square feet of floor space within the outside dimensions of a residential dwelling unit including each floor level, but excluding carports,garages, and breezeways. b. Desirable Design Attributes None 12. Fencing(If provided) a. Base Standard (1) Front yard fences shall be permitted to a.,-----Base-Standard height of 4 feet maximum with 50 percent transparency constructed of, wood or wrought iron. w v y minimum width of 5 feet. (2) b. Side and rear yard fences shall be permitted to a height of 8 feet maximum and constructed of wood with metal posts and rails to the inside. (3) Pressure treated wood is prohibited_ b. Desirable Design Attributes ' r L Adopted November 200 t ARTICLE 3---RESIDENTIAL DISTRICT REGULATIONS Page 59 Amended September 2003 rilt-Zoni-ng-Ordinan-ee c�� r Lee- [i fi 41111 op Locations �i r r • b. Fences constructed of board on board or wrought iron 13, Landscaping a. Base Standard Each residential dwelling shall have an established front lawn with a minimum of 2 trees and shrubs. b. Desirable Design Attributes r �r c ]. • .71er�;iT#'i�-nt';•1jy�a'.�i';D�� .y:�%ii;i .�?.sl'4•_..t `Y.n:S:•._�s r .,. 'C.t n"i{Yi; .C• .r !; f,.;y_ lffiK�S '��L`i • "41i3.�._. ..f ti+r.rw.e.,,a...r...._ir:C.. .:+^��:lL'3.'!I':(�?a aarl!?'e''�'1!'2'lkFCU/i!`�.•v��fe•'•'...n-.-..—J�.�,.Y�414' �f x x y ri•.1;4, ■■ / M •.• f • 11 • 1 i■ of • :. ••;. ■ • ■ • ! ! i • s •• ■ ■ • a. Each residential dwelling unit shall have an automated, subsurface irrigation system. Page 60 ARTICLE 3—RI SlDENT1 AL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 Fe-Zoning-Ordinance 14. Outdoor Lighting a. Base Standard • b. All residential dwelling unit shall have an illuminated standard porch light at the front entry and drive/garage. b. Desirable Design Attributes • r • • • +� ■ +t +o • w f ■ s s ; +e• r ■ ; • + • +. a-■ �## • w aL'�17HYfeet7 Y1"rf b. Front facade and drive/garage shall be illuminated by down-light(tree or house mounted) or up-light (house mounted). and front and side yard activity area illuminated and wired to the interior of the house. 15. Conservation/Sustainability a. Base Standard Each residential dwelling unit must comply with the Energy component of the Building Code. b. Desirable Design Attributes • Adopted November 2001. ARTICLE 3--RESIDENTIAL DISTRICT REGULATIONS Page 6 1 Amended September 2003 re--Zoning-0-rdinante BLANKEach residential dwelling unit is certified by United States Green Building.Council (USBG) or Leadership in Energy and Environmental Design (LEED). Page 62 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001. Amended September 2003 PP Zoning Ordinance ARTICLE 4 NONRESIDENTIAL DISTRICT REGULATIONS SECTION 4.1 COMMERCIAL NONRESIDENTIAL DISTRICTS 5757 A. Neighborhood Service District (NS) 57 B. Community Retail District (CR) 58 SECTION 4.2 BUSINESS DISTRICTS 58 A. Business Center(BC) 59 B. Commercial Corridor District (CC) 59 Section 4.3 Industri-a1 Districts C. Commercial Corridor District (CC) 58 SECTION 4.2 INDUSTRIAL DISTRICTS 59 A. Light Industrial District (LI) 59 B. HEAVY INDUSTRIAL DISTRICT (HI) 61 A. Industrial District (I) Section 4.3 NonResidential Design Standards 63 SECTION 4.4 NONRESIDENTIAL DESIGN STANDARDS A. DESIRABLE DESIGN ATTRIBUTES 63 A. Points Required B. Purpose of Nonresidential Design Standards 63 D. P••ffese of-N^r=esia`nt:a' C. Design Standards Review 63 C. D. Site Design Standards-Review 71 D. Site Design Standards 71 E. Landscaping 76 F. Architectural Features 83 July-24;AdOPtEC1 ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS Page i November 2001 TABLE OF CONTENTS Amended September 2003 reZoning Ordinance E. Landscaping Standards 71 F. Architectural Standards 75 Page ii ARTICLE 4--NONRESIDENTIAL DISTRICT REGULATIONS February 27, 2002Adopte November 2001 Amended September 2003 ?If Zoning Ordinance ARTICLE 4 NONRESIDENTIAL DISTRICT REGULATIONS SECTION 4.1 COMMERCIAL NONRESIDENTIAL DISTRICTS 5757 A. Neighborhood Service District (NS) 57 B. Community Retail District (CR) 58 SECTION 4.2 BUSINESS DISTRICTS 58 A. Business Center(BC) 59 B. Commercial Corridor District (CC) 59 Section 4.3 Industrial Districts C. Commercial Corridor District (CC) 58 SECTION 4.2 INDUSTRIAL DISTRICTS 59 A. Light Industrial District (LI) 59 B. HEAVY INDUSTRIAL DISTRICT (HI) 61 A. Industrial District (I) Section 4.3 NonResidential Design Standards 63 SECTION 4.4 NONRESID TIAL DASICN STANDARDS A. DESIRABLE DESIGN ATTRIBUTES 63 A. Points Required B. Purpose of Nonresidential Design Standards 63 D D„fp^se of"Tenres:aen+:a, C. Design Standards Review 63 C. D. Site Design Standards 71 D. Site Design Standards 71 E. Landscaping 76 F. Architectural Features 83 T• Adopted ARTICLE 4—NONRESIDENTIAL DI3TRICI'REGULATIONS Page i November 2001 TABLE OF CONTENTS Amended September 2003 reZoning Ordinance E. Landscaping Standards 71 F. Architectural Standards 75 Page ii ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS February 27. 2002Adepte, November 2001 Amended September 2003 reZoning Ordinance E. Landscaping Standards 71 F. Architectural Standards 75 Page ii ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS February 27, 20012Adopte, November 2001 Amended September 2003 rill Zoning Ordinance T (3) 3) Multiple buildings on a single site shall be placed in such a manner as to create plazas, courtyards, and landscaped areas with connecting pedestrian ways between buildings. (NS, CR, CC) Figure 4-10-Building Placement Multiple buildings each no greater than 20,000 square feet Plazas, courtyards and , 1:1landscaped areas ____ 41,:fic,,,,, . . .i.4 N N ,...:r *./' 1 ,..4.-., r, —Ph J'ics:t. ir. .--- ,,,, --a'roSiotN --, I' .i. 'Pt." , It'W".'. ‘'Ir - .. ,. ...up-- r 111 iir4 if fi -1.' ' .‘4-.1-1,1 ' ‘' 4 h2......-- .7. :1°$'3#41 1 Al 7''4 7' 0 I b i li-I s4j 1, ii.*;)".......,,, ' rfir Iiiii01 .,..4 fl.i r �� 1,.• No parking in front yard Entrances oriented --- -- to street r b.b-Desirable Design Attributes Page 72 ARTICLE 4-NONRESIDENTIAL DISTRICT REGULATIONS )Adopted November 2001 Amended September 2003 ?1"111 Zoning Ordinance fiL(4)--Buildings-loeatetl-Locate buildings at the front yard line with no parking in the front . (2) (2) Individual buildings with footprints no greater than 10,000 square fe t shall `"'rn (3) ((33)-- Direct connection Provide a direct connection between a building's main entrance and the public street,not using a portion of a parking lot-shall ' . 2. 2. Parking Placement a. a.—Base Standard (1) (1) To the extent possible, parking shall be located to the side and rear of a building in the NS, CR and CC districts. (2) February 27, ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS Page Page 73 rAdopted November 2001 Amended September 2003 reZoning Ordinance (2) Parking spaces shall be located at least 10 feet from the nearest residential lot line. b.h--Desirable Design Attributes (I) (1) S iteP rovide site plans with no parking in front of the main building._s hal l earnn-2v points. c2) (2) SiteProvide site plans with no more than one row of parking in front of the main building . Figure 4-11 - Parking to Side and Rear of Building Parking to side and rear of building Building Located at the front yard line \ 14 imis_ _____---- 5111-- ' v. :;tt,* r .114 s'sti 4. '"ik,... 4.-, Dr ir,,fs. ihd,„, ,,, ifflioholth„.;•, 4,,,, ,,,;04. IL!, 4 sio. - - b.. ... . . .6 \ Iiiilt _ ,,,,, .. 4111r. ‘11%, 4 •• '-retAl ,:e•'-''' "'s .' ■ ■ ani& — ' Ir. 711r:*4 ‘ .:.:115,j„ t �:44,. 4 - Alt ~ ir Landscaping in required front yard 3. 3. Access Drives a.a7-Base Standard (1) (1) All access drives shall have a minimum development standards adopted by the City of Wylie. (2) (2 4---Access drives shall be located at least 150 feet from an intersection except when the site is too small to meet this requirement. In those cases, the site plan shall be required to earn an additional 10 points. (3) (3) Access drives serving developments with more than 3 0,000 square feet of development shall have a separated median, or be located at least 150 feet from each other,or as required by the City of Wylie development standards whichever is greater. Page 74 ARTICLE 4--NONRESIDENTIAL DISTRICT REGULATIONS )Adopted November 2001 Amended September 2003 ?IP Zoning Ordinance (4-)--Cembined-eceess-point-s-with-adjacent4racts-and-oft-site-intertial-eireulatiew-shall-earn--20 conditions (4) (a) Provide landscaped entrances with the following treatments: a. Decorative monumentmonurnent signs using rock, brick or other natural materialst b. (b) Plantings of seasonal flowers and/or flowering shrubs; c. (c) -Flowering trees or large trees from the approved plant list or sculptural artwork or a combination of the two. b. Desirable Design Attributes (1) Combined access points with adjacent tracts and on-site internal circulation. (2) Direct connection between buildings and street. Figure 4-12 - Landscape Treatment of Entrances .# 111 - WIN - ; '141 I f r = • %044,1, -Irby 4. 4----Location of Service Areas and Loading a.a-.-Base Standard (1) (1) Service areas and loading areas shall be located where they are not visible from a public street or from adjacent residential lots. (2) (--Service or loading areas which cannot fully meet the above requirement shall have a masonry screening wall with gates which prevent visibility from a public street or February 27, ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS Page-Page 75 2042Adopted November 2001 Amended September 2003 reZoning Ordinance adjacent residential lot. Masonry materials must match or complement the masonry materials of the building. b.b-.--Desirable Design Attributes (1) (1) Service and loading areas which-fife-shall not be visible from a public street or adjacent residential lot,but which provide screening using a masonry screening wall with gates to screen the area from on-site areas, . E. : Page 76 ARTICLE 4--NONRESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 ri Zoning Ordinance Landscaping Desired Landscaping Design requirements are achieved by projects in accordance with the following criteria: 1. - ---Landscaping in Required Yards a.a---Base Standard (1) (1) At least 20 percent of the site shall be landscaped in NS, CR, and CC Districts, and at least 10 percent of the site in BELl and HI Districts shall be landscaped. If a single building of 100,000 square feet or more is to be constructed on a single lot in CR or CC Districts then only 10%of the site will be required to be landscaped. (2) (2) Landscaping is required in the front yard. (3) (3) Landscaping is required in the side and rear yards when adjacent to or across the street from a residential use. Lb-Desirable Design Attribute (1) (1) Landscaping that exceeds the minimum • _. '. _ ' . . . by 10 percent (2) Provide the following landscape conditions in the side and rear yards of a development, not otherwise required because of residential adjacency,—shallearn a. {-aThe landscape area is at least 10 feet in width; b. (h}-The landscape area has shrubs at least 3 feet in height planted within the landscape strip; and c. (c)The landscape area includes at least one flowering tree for every 20 linear feet of planting area. Trees may be planted in groves or bands as long as the required number of trees are provided. 2. 2. Landscaping of Parking Lots a.a:-Base Standard (1) (1) All site plans with required parking more than 12 spaces are required to have 50 sq. ft. of landscaped area for each parking space. In calculating parking lot landscaped area, all areas surrounded by parking spaces are counted, plus the first five feet of perimeter landscaped area, if any. (2) (2) No parking space shall be further than 60 feet from a landscaped area on the site. (3) (3) Parking rows 12 spaces or longer shall have landscaped islands at the ends. (4) (4)-All parking rows shall have landscaped areas at least every 12 spaces. Febn a,-t' 7 ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS Page-Page 77 2002Adopted November 2001 Amended September 2003 Zoning Ordinance first 5 feet of perimeter landscaping /11/ 1 /4 4 .,;, .41 ,,i,t .t) ;1: ,er-, :f :vitiiiiiiiii 1 ifiii /ii _,,t- . 'III -111111H :::, I tit] ii il it ':Y ii Jr� � f ' , (�� I_, , I I I~ , , i, , , ;,, �' i __, Landscaped Islands at AI end of pa rki n g rows � 4 --------- nci i ,_ it !a i, xi ii .1 1 1 J ;,!! All parking rows shall have landscaped areas at least every 12 spaces. Figure 4-13-Parking Lot Landscaping b.b-Desirable Design Attribute (l) Landscaping in parking lots which exceed the 50 square feet of landscape per parkingspace areas ace • : • : • : ; • : ; • : • ; : :. .: • :.by 10 r r • ■ r • ■ r ■ • ■ r r s • ■ • ■ • r ■ ■ •' r ■ ■ • •� r r • • r ■ ■ ■ • a percent or more. (2) (2) arking-Provide parking lots in which no parking space is further than 40 feet from a landscaped area . (3) Provide parking lots which prevideoffer landscaped pedestrian connections from the parking lot to the main entrance . To qualify the pedestrian connection must be separate from the parking spaces and drives, and connect to a central location within the lot to the building, and be developed with enhanced paving, and enhanced plant materials. Page 78 ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS )2-Adopted November 2001 Amended September 2003 ?If Zoning Ordinance ► r Figure 4-14- Pedestrian Access from Parking Lot Building entrance C.14,it ill'' 77---"r 4 a;P/ i, 40,'" 1 v-.04;i. .-, glik , ., , ________ _- <-:::,,, ., rf ---,-,.......,„,..- it:qt. -...._ . ,.... 4, ,;- ' 4 ',..';,141• Al- •ti°°41 I I PP '4 *C- 1 ,,--1...„ ../• Vii, tj f. 0 . -'dtilte. iii 4 ez-1\_ n.lp-,, .-F,r 4,,t,„.. 4. ,,+' .-. Decorative Paving :*, �.di• Materials • .,� Enhanced Plant r "ii'; 5 Materialsr �f -40.::' re* Fir}4•10 frff;f li `�, ' ' ice. 4,1 .:\ F. r .F. ' . Pedestrain access not part of parking lot February 27, ARTICLE 4-NONRESIDENTIAL DISTRICT REGULATIONS Page-Page 79 Adopted November 2001 Amended September 2003 reZoning Ordinance Building entrance st. ie., "......7.7......, -,.!. jo 4 IF, ../.„ t„L- 0 i 40' r ., -.1- yEr ,:17-1-3, ,,,,,, - -______-- _ -..„...-,...„.„,. in, - _..:---,......=,,,,.......... .4 ___„4 ,,,,,,,$,-, •1•�` >f V� k r r s, ,,, I. •.,:i Iiiii AFP. ,...7r, ,...,, ,4„.... - . . ..._,. , , , , .....w, „ 711\___ iii . w,,i,,' _10, :r.`' Decorative Paving ' ‘ _ �. Materials �� �' ��,� - `'~ ��� Enhanced Plant .� ,,,� R mow/ ff. .(1/:468° Materials ‹."qv 'I',' F. �_ Pedestrain access not part of parking lot 3. visual Screening a.a-Base Standard (1) (1) Service and loading areas are required to be screened using landscape materials which meet the following conditions: (a) (a) The service area shall be bordered by a landscaped strip at least 5 feet in width; f b) (b) The shrubs shall be at least 3 feet in height when planted and within the landscape strip;and (c) (c) The screening shall include at least one flowering tree for every 20 linear feet of landscape area. b.b 7-Desirable Design Attribute None 4. ----Landscaping of Street Frontages a.a -Base Standard (1) (1) At least 50 percent of the required front yard, excludint any access drives, must be developed as a landscaped buffer. The landscaped buffer must be at least 10 feet in width. Page 80 ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS )Adopted November 2001 Amended September 2003 rlIP Zoning Ordinance (2) (2) Febr._a 27 ARTICLE 4--NONRESIDENTIAL DISTRICT REGULATIONS Page-Page 81 Adopted November 2001 Amended September 2003 reZoning Ordinance Trees shall be planted within the landscaped buffer along all public streets. To the extent possible, trees should be planted in groves or belts on a 30 feet to 40 feet spacing depending on tree species. (3) (3) Required trees must be at least 3 inches in caliper, measured at a point 12 inches above grade. (4) (4) All nonresidential development shall provide a 4 foot minimum width meandering concrete public walkway around the development perimeter when adjacent to a public thoroughfare. The meandering walkway may be located partially in the landscape buffer and partly within the street right of way parkway and must be placed at least one foot off of the curb. Figure 4-15- Landscaping of Street Frontages Flowering shrubs and i• seasonal flowers 1.4-k Use of low 1.I' , if.,, r� (-- i�,,si I , rock walls ''� .� ,, ,, , 1r .� MEM'�.. ,� . � �. �,� �, ` � I,' ,l,r qr--•irk 4110 0:4 'i MEM 1 L....r-.„,. -,,,,0, . ■-ak."7-41-1.7-...."7.-r.:,..- ---:- ' T' . 1.r. ,7,.......1.1:---!. Apr isr-4. 1 !' JM� .NY ►1 '1 t M,+ 's . fir �1 � �►� • i/� ,� � ,. r r.... ,. F ....- , .-- . 1 •• 1 a• , ...,- r. i . — . •, +i 1 ' liil ‘.T 1,,. .a/ i 1 o .1 1. 1 1 r H ... �„ , I II,. 4' minimum width Visibility Triangle ' meandering sidewal must be maintained b. --Desirable Design Attribute (l.) (4) --- Th •u e of Utilize low rock walls or other natural landscape features, flowering shrubs and seasonal flowers within the landscape • - ■ • • - i ; • ■ ■ ■ • • s • • s ■ * . • s ■ • • • ■ * • • r • s •■ s •■ •• i i • • i� • / • 1 • ! 1 i • s / • 1 i ■ • � ! ! • Y� / i i / • ly• • / F nts. (2) (2) Increasing the minimum width of the landscaped buffer of-4-points-fof-efteh-five-feet-ki-addition•al-widthT-up-to--a--maximum-ofky 20 pointspercent. (3) (4)--Provision of Provide special benches, lighting, or other streetscape amenities along the walkway ' ' . Page 82 ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS )2 Adopted November 2001 Amended September 2003 Zoning Ordinance Figure 4-16- Landscaping of Street Frontages Use of low Visibility I. rock walls z Triangle • 4J 1 4' minimum width 11,4if I meandering 1 = t sidewalk + ' ,at ,Z1r-t't II it. ,,F 4. = 47, Flowering shrubs __ mar iiisi iuumgrrmm.'L. and seasonal efx flowers Propel R Line Reg ed Fr, t Yard Parkway F. F-Architectural Features Desired Architectural Design requirements are achieved by projects in accordance des ems. with the following criteria: 1. 1. Building Materials a. a --Base Standard l 1 Primarymaterials for buildings in the NS, CR, CC, ROA and HI districts shall be � } � � 4-00 constructed of brick with at least 20 percent stone on the front facade including, but not limited to brick, stone, cast stone, decorative concrete, or stucco. Tilt wall construction is permissible in LI and HI districts. Roofs with apitch greater than 2:12 shall have roofing materials of architectural (2) �- grade dimension asphalt shingles, concrete or clay roofing tiles, standing seam metal roofing, or slate roofing shingles. February 27. ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS Page-Page 83 2042Adopted November 200 l Amended September 2003 reZoning Ordinance (3) b. Facades, rooflines, and exterior treatment of structures shall be compatible in design, color and materials with surrounding new development within 200 feet of a corner. b. Desirable Design Attributes (1) To achieve faea#efacade articulation, visual variety and/or architectural detailing shale"''''' buildings shall use two complementary primary facade materials. (2) 2. Provide the same style of building materials throughout the entire block. 2. Building Articulation,Form and Massing a. a,--Base Standard (1) (1) In order to avoid large blank building facades, variations in the elevation of building facades facing a public street shall be provided in both the vertical and horizontal dimensions. Walls shall not exceed a height to width ratio of lto2 without substantial variations in massing that include a change in height and either a projective or recessed element. At least 25 percent of the facade shall be offset a minimum of 4 feet either protruding from or recessed back from the remainder of the facade in N S. CR and CC Districts. At least 20 percent of the front façade shall be offset a minimum of 4 feet either protruding from or recessed back from the remainder of the faced in LI and HI Districts. Figure 4-17- Building Articulation Page 84 ARTICLE 4---NONRESIDENTIAL DISTRICT REGULATIONS )Adopted November 2001 Amended September 2003 ?VI Zoning Ordinance Roof form compatible with residential i - - - ---- - --� � architecture llthmiii ..,,,, Ai A kith 41 lick g'. rim o rig 1 f I I lei 1 Y W/1 J 201 ME I ti Ito ii' 00 Agin 110 _ IIII:f1 i ti 1an a UI1111RIi11ilhU1 + �'nIIgiijiiii f$ ,.... a Entrances emphasized f i AL ' Air = fr91111 , 1 25 Percent of Facade either lk Minimum 4 projected or recessed Feet (2) (-2*- -Entrances to buildings shall be emphasized through providing projections, recessed areas,canopies,projections in height, or other architectural elements. (3) (3) Ground floor facades facing a public street in a NS, CR or CC district shall have arcades, display windows, entry areas, awnings, or other such features along at least 60 percent of their horizontal length. Febai 27 ARTICLE 4--NONRESIDENTIAL DISTRICT REGULATIONS Page Page 85 OO Adopted November 2001 Amended September 2003 reZoning Ordinance Figure 4-18- Building Articulation Building Materials Projections Cast Stone V I ;, .L,— Stone ----- )1) -Iiitu, — Milk sfr Na="1"'m�'.'�"`I Altrit* y � i A rch ate ctu ra 1 it; ,. " y : i'� 11 elements Alialin-21"—I. .,0,EESUnN alt-j ' __:,..:„::,:?:, rip 411R.riii•,.'i Littigill c4, ., 1 insm. ..+1,7!.....L.,,,. . 11 Canopies - - i� � 1 - _ L _: .,�.:. ' �� 1: �, it _ z...__..'..�.*. ., --4,..it_ iiiiiiiiiiiimi,";A '''"'""ii 1 iiiiiii [ !II ---. .- Effileillibi ill=ti.1111 _ _ Amal 111 C illem:pm, , z =NMI 1 21: ' I . 21-1":1,M 1111E1111iii' /---e // 'OEM1'1%170- MI i m'im NM so WM MI, •- / ,--4-- , %Mei..' inn ,,,/-7.1., ,' , , /, '? .1 Entrances /r emphasized bbb---Desirable Design Attributes (1) (1) Application of the base standard to facades not facing a public street, but visible from a public street, - (2) Use of-architectural detailing to provide variety in the visual appearance of the facade of the building . Architectural detailing may be achieved by the harmonious use of materials, colors, or textures. Page 86 ARTICLE 4--NONRESIDENTIAL DISTRICT REGULATIONS 2Adopted November 2001 Amended September 2003 ri Zoning Ordinance Figure 4-19-Architectural Details Roofing materials .....,.. , ,, i: i.,.., .___,,,„„„,,,fi.,,,,„---.....-.0-25_.2,_-......,-7---,zz„........„.:„.....,,.......„..... ----------..---a-----_---lpm:r., -- Mr � �a ���'�'iff..�r�' ti.� 1w w SR �`�.,„. r Cast stone details Canopy .NA-74..... 7 ii L.,,,„_. ........a...m.2-----....._-_-:=''...74 Fr, -.....-ts E ...,..,.........,, `.w, r....,,,,,� err. .'� -----i 7.-...:3---57-..--, 1.—m Window III —, . • , '--�-�iu 1 iii --_ •-; ;,� ;,: �.,..�. _ -• ` V.��a .1 above ..' i i . ' _ - - II =-=m■■N =:-=� � g --- 2 door 1 $II ;;C:1:1:.-E-7. r_—_-.4. a A ,--:-..._.:i �w..r.. .ram-i---= VLtd ` ► �$1 i �,� --� .�+�r ._+.Twi •ram., ri, HR ,, i,i------. ar, Arches s�_ �_.�..:ti'".` �- .�= ,-'�. .-` �[� ��- above . • '' - _ �,___ ... ..._,.1.__r.� 7 NiffillS .<."In• -W-' • '�!.-.if s -NMI ..._._....._.-- windows _l_ k . ;•.! SE g iii '646.„—g,. — min ,i siViDi4•-"ri ' mum Entrance treatment --.1111 . '-- - Cast stone 1..u,_... ...:, i„. -.1 -kw.. • ;:•` 11M .Z,1 Rock work •w. f..ik•i:0),*••-lie!,�i Lr;■. Decorative brick patterns ---- _....":•... . _ _ ,'_:::-47:::: apil _ ____ .ti q ,\'•, AA. *1511WIVW Y Y �=. 41'---Roofing materials �� �l..t..r-M.r I:` 'illy) rJ I/ V4 Nsa 1, I1� r4I = N/ N ~.��=�'' I - iyA,,-�I Jf! - -40 Arcade Li :- .) JTI _�. February 27. ARTICLE 4---NONRESIDENTIAL DISTRICT REGULATIONS Page-Page 87 Adopted November 2001 Amended September 2003 r ■ • Zoning Ordinance 3. Page 88 ARTICLE 4--NONRESIDENTIAL DISTRICT REGULATIONS 3 Adopted November 2001 Amended September 2003 Pill Zoning Ordinance 3. Architectural Compatibility a. &-Base Standard ) (1) Buildings in the NS and CR districts shall be designed to maintain architectural compatibility with the residential architecture of the surrounding areas. This may be achieved through the use of building materials, pitched roofs, window and door treatments,landscaping around the base of the buildings,or by other means. (2) (2) Buildings within the CC District that are adjacent to residential zoning, or within 200 feet of residential zoning shall be designed to maintain architectural compatibility with adjacent residential architecture. This may be achieved through the use of building materials, pitched roofs, window and door treatments, landscaping around the base of the buildings,or by other means. b. b-:-----Desirable Design Attributes: (1) (1) Buildings with pitch roofs which meet the minimum pitch requirements of residential developments(6:12)-shall-eam-20-points. (2) (2) Buildings with pitch roofs developed with hip roof sections, dormers, or two or more gable roof sections at right angles to one another . Feb ARTICLE 4-•NONRESIDENTIAL DISTRICT REGULATIONS Page-Page 89 Adopted November 2001 Amended September 2003 CITY OF WYLIE item No. 2 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: January 24, 2006 Originating Department: Planning and Zoning Prepared By: Mindy Manson Account Code No. #: Date Prepared: January 17, 2006 Budgeted Amount: Exhibits: 1 AGENDA SUBJECT: Hold a public hearing and consider and act upon Ordinance No. 2006-04 implementing revisions to the Use Regulations in Article 5 of the Zoning Ordinance and to the City-Wide Zoning Map. RECOMMENDED ACTION: The Planning and Zoning Commission recommended approval by a vote of 4 to O. SUMMARY: On May 24, 2005 the City Council adopted the revisions to the Comprehensive Plan which prompted the need for corresponding revisions to the Zoning Ordinance. At the September 20 Planning & Zoning Commission meeting, the Commission finalized the draft recommendations and called a public hearing to receive citizen comments on Article 3 Residential Standards and Article 4 Non-Residential Standards. On October 4, 2005 the Commission recommended approval of the proposed revisions to Articles 3 and 4. Notices of the public hearings by the Commission and Council were mailed to all postal addresses within the Wylie zip code as well as published in the Wylie News. After review of the proposed revisions to Articles 3 and 4 staff recommended to Council that the proposed amendments not be approved until a public hearing could be held by the Planning and Zoning Commission on Article 5 Use Regulations/Chart in order to fully implement the new zoning categories. As such, the Planning and Zoning Commission conducted a public hearing on January 3rd to consider amendments to Article 5 of the Zoning Ordinance, recommending approval to the Council. The previously approved revisions to Article 3 Residential Standards and Article 4 Non-Residential Standards established new zoning districts and deleted others, as well as created some changes in both the base and desirable design requirements. With the creation and deletion of these zoning categories, Article 5 Use Regulations/Chart has been amended to reflect the new categories in an effort to allow staff to enforce and administer the ordinance. APPROVED BY: Initial Date Department Director: MM \ 1/17/06 City Manager: \ 1 AGENDA SUBJECT: Hold a public hearing and consider and act upon Ordinance No. 2006-04 implementing revisions to the Use Regulations in Article 5 of the Zoning Ordinance and to the City-Wide Zoning Map. SUMMARY: (Continued) The lot size for all new residential development has been established at 10,000 square feet, 30,000 sq. ft. or 1 acre, and dwelling sizes have been increased for all new lots to 2,400 sq. ft, 2,600 sq. ft. and 3,000 sq. ft. respectively. The Base development requirements for new residential uses have been significantly strengthened, and the flexible system of Desirable value-added choices has been modified. Nonresidential districts have been modified to delete the existing Business Center (BC) and Industrial (I) Districts. The proposed amendments create in their place a Light Industrial (LI) District, with reduced setbacks which conform to the existing platting patterns of these older areas and a Heavy Industrial (HI) district. In general, Article 5 has been amended to convert uses previously permitted in the BC District to LI, and uses previously allowed in the I District to the HI District. If Article 5 is approved by Council, staff will initiate the rezoning of properties currently zoned as BC and I to LI and HI, respectively, in order to have the property conform to the new zoning regulations. Properties that are already platted will continue to comply with the dimensional regulations (lot size, dwelling size and setbacks) which were in force when that property was platted, but must comply fully with the proposed use regulations. 2 ORDINANCE NO. 2006-04 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE DEVELOPMENT REGULATIONS FOR RESIDENTIAL AND NONRESIDENTIAL DISTRICTS OF WYLIE'S COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP, NO. 2001-48, PASSED AND APPROVED ON THE 13TH DAY OF NOVEMBER 2001, TOGETHER WITH ALL AMENDMENTS THERETO; 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 amend Article 5 (Use Regulations) of Wylie's Comprehensive Zoning Ordinance as amended, and to amend certain areas of the Comprehensive Zoning Map correspondingly; and WHEREAS, Wylie has complied with all notices and public hearings as required by law; and WHEREAS, the City Council finds that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to amend Wylie's Comprehensive Zoning Ordinance and Comprehensive Zoning Map No. 2001-48, together with all amendments thereto as set forth below: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That revised Article 5 Uses Regulations of the Comprehensive Zoning Ordinance of the City of Wylie, Texas, are incorporated in the body of this Ordinance as if fully set forth herein. SECTION 2. That the Comprehensive Zoning Map of the City of Wylie, Texas, as amended herein is hereby adopted and incorporated as part of this Ordinance. SECTION 3. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. Ordinance No.2006-04 Revisions to the Use Regulations in Article 5 of the Zoning Ordinance SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 24th day of January, 2006. John Mondy, Mayor ATTESTED AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary Date of publication in The Wylie News—February 1, 2006. Ordinance No.2006-04 Revisions to the Use Regulations in Article 5 of the Zoning Ordinance reZoning Ordinance ARTICLE 5 USE REGULATIONS SECTION 5.1 LAND USE CHARTS 83381 SECTION 5.2 LISTED USES 979-7 A. Agricultural&Animal-Related Uses 974-7 B. Residential&Lodging Uses. 9999 C. Institutional&Community Service Uses 1 064-06 D. Office Uses 111111 E. Recreational, Entertainment&Amusement Uses 113113 F. Retail, Personal Service&Commercial Uses 1 1 644-6 G. Utility, Transportation&Public Service Uses 127127 H. Industrial&Manufacturing Uses 13 6436 I. Wholesale, Distribution& Storage Uses 139139 J. Accessory Uses 143143143142 K. Temporary Uses 1484-4-g SECTION 5.3 ACCESSORY USES AND STRUCTURES 152152 SECTION 5.4 SPECIAL USE PERMITS 153153 A. Purpose 153153 B. Special Use Permit Required 153153 C. Application 153153 D. Review by the Commission and the Council 153153 E. Review Criteria 153153 F. Additional Conditions 153153 G. Effect of Special Use Permit. 154154 H. Zoning Map 154154 SECTION 5.5 TEMPORARY USES 154154 A. Purpose 154154 B. Temporary Use Defined .. 154154 C. Application. 154154 D. Review and Action by the Director 15 51 55 E. Review Criteria 155155 F. Additional.Conditions 15 64-5-6 G. Appeals 15 6-1--5.6 Adopted 11/2001 Amended ARTICLE 5—USE REGULATIONS Page i 09/2003,01/2005,10/2005 TABLE OF CONTENTS reZoning Ordinance SECTION 5.6 CLASSIFICATION OF NEW AND UNLISTED USES 1564-56 A. Unlisted Uses 1564-56 B. Appeals 15 64-5-6 C. Conditions 15 64-5-6 D. Authorization of New Uses 15 64-5-6 Page ii ARTICLE 5--USE REGULATIONS Adopted 11/2001, Amended TABLE OF CONTENTS 09/2003,01/2005,10/2005 reZoning Ordinance ARTICLE 5 USE REGULATIONS SECTION 5.1 LAND USE CHARTS Buildings, structures and land shall be used only in accordance with the uses permitted in the following Land Use Tables, subject to all other applicable requirements of this ordinance. FIGURE 5-1 INTERPRETATION OF LAND USE CHARTS Symbol Meaning "P" The use is permitted as a principal use in that zoning district by right. Additional requirements for this use may be required and are listed in Section 5.2 Listed Uses, Additional Provisions. "P*" The use is permitted, however special provisions are required when located in this district. These provisions are listed in Section 5.2 Listed Uses,Additional Provisions. "S" The use is permitted in that zoning district only after first obtaining a Special Use Permit(SUP) as set forth in 5.4 Special Use Permits. "T" The use is permitted in that zoning district only after first obtaining a Temporary Use Permit(TUP)as set forth in Section 5.5 Temporary Uses. A blank square means that the use is not allowed in that zoning district as a principal use. Adopted November 2001 ARTICLE 5 USE REGULATIONS 3 Amended September 2003 Zoning Ordinance FIGURE 5-2 DISTRICT ABBREVIATIONS ABBREVIATE ..:... ,.Zoe DISTRICT- NAME . DL ( ATI N Low-Density Residential Districts AG/28 Agricultural District SF-1 A13 0 Single Family— 1 Acre Medium Density Residential Districts SF-20/26 Single Family -20 District SF-10124 Single Family- 10 District High-Density Residential Districts TH Townhouse District MF Multifamily District MH Manufactured Home District Commercial Districts NS Neighborhood Services District CR Community Retail District CC Corridor Commercial District Industrial District LI Light Industrial District HI Heavy Industrial District Special Purpose and Overlay Districts PD Planned Development District FP Floodplain District DTH Downtown Historic District Page 4 ARTICLE 5 USE REGULATIONS rit Zoning Ordinance Adopted November 2001 ARTICLE 5—USE REGULATIONS 5 Amended September 2003 pit Zoning Ordinance FIGURE 5-3 LAND VIE TABLES ��: ��r ?.�,is.F"'in=�'i i:.'x:�-�'-i`•:� - '":}:: ::�••':�'�' .. _....^ v."�_...•..•....... .,.......�._.•: .... ,._, .ti tl.J .Y:.. 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't 5 .�Y:�' _�, � rl�.ti `zj ti'•;:tin r- ':t:..�t�:•'•' .;G � _ 4,.';- yam: .x•`. � - �,a..r� _ Ali'_ Yi arc" �''i='• r.. , ri,. �M.n. .�.. ^�y:��'��:; -':�=s'.a;,. :5•:'�- ,. r�. �.•:� .c -«.-•," '��"� r. rt. ..Y y.. •�- •a ..r� �• .Y--"?m. -,..i.. .Hr.,. _ _- ;�i:.•'.�a..�._.fie.'� �:a•;::.>:�':'" - �)'•r�.(- _�. ��.F`•'s •':xl. • -+e!kr.:: Vie._. .i!-'.•`.fc� - ...1.�'%`•[.2.� - ''L• i - `iJ. -,L.. .} :':Lii..t-.. F:� Y r �Ef•: •T�;a=✓f%`3-': -- v .,- .. •-m!_"s 5'r"• :::7•^:;:y,4. may,_.: :ram d-. _ •.e •-s>•.3.• .•[ .s:' ,.� `T':.` ..s.s. .:+i�"'>�r•".rr-��:: airy"�r�. ..,M. .c•.�' _ . .....""......._:.. .:,..._"�... w"�. -,........_.._...:....."....,....t e tea....:�� :V"•: �;i�s^ ..� ::j;=^ ems• ..�." ... .... -, .a .c �. •"c.w._ �.• ;:...ram:.:", r., ..'Y:r'•a .s. n'Y.r ill.. ?=e.•:r"�[.•a ]-• .�.":`�.. `tea:::; ,:Y3_ a i.�.`'• .. t .r..,�..F�•.. ,� .fix.. 7y, _ 1. Asphalt or Concrete Batch Plant S w r 2. Industrial(Inside) P P 3. Industrial(Outside) S S 4. Light Assembly&Fabrication P P P • S 5. Mining S B. Printing&Publishing P PS P P* 7. Salvage or Reclamation of S Products(Inside) 8. Salvage or Reclamation of S Products(Outside) P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit Ado ted 11/2001 09-2003 Article 5--Use Regulations Page93 P band Use Charts 01-2005, 10-2005 .r Zoning Ordinance .. ..Y....._- _..L.- ._• .„.,. • .. 1 F. •_� . w. yw ....-.ti._✓--. . . r �:...:..- ..:.. . .. "k .. -7 ��. v S` i -.: "Y" " ::"[ . A���y.i:e+'.r ;per,'e N e , N.. r .i c x y • -n-4a rc e <- a fi ri5 :��--wf' -� a'� - vr� � Fo- nieitit , ! r Jf = y ::.:,.: . 1 �f.1 Y a 4. . ._ - i..ce - .: :j - .a. -�.;•v .r11e+w.- ,.. - `�4 t ,`a` W�'.�" om;:; �;�c : ,7's- wy ' � � L tt `; - - 1ar n _ � , - ' M r`. ^ . : Zi w _ l : . 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Mini-warehouse(Self-storage) S P P 7. Office Showroom/warehouse S P P P* S. Outside Storage P P 9. Recycling Collection Center S S S P 10. Warehouse/Distribution Center S P P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit 94 Article 5—Use Regulations Adopted 'l 1-200'l, Amended Page Land Use Charts 09-2003, 01-2005, 10-2005 Zoning Ordinance . •_.-.- .�.'..F:.. .:.ti. v:..v.'.... r ..�'_.. _�n,.l.ear• ..... .s ,� e:,:. Y .1�:�;•r� - � �ti - fi isr'^� '4a•:'i"n`5.-" xY . �...'i'... .....�-••:Y.. p_-ma y w:!.%-i : a y � S ,, • - n:. � :ii` - .....' ......_...Y. . ..`LH'...'�.......--...:c-..: t,...i-.j`4...:C....-.riyr.m... w ti"... � . ..'�a r•y,,.,s•.-.•r° 1 . '�.. ,R........o z:.a... r : •-.� v:'ke`v S• -: r . J"•. _ r ti.. = ,^r :ki Y=- :. I..��-?�..e. � -- , � ... �: � • ti : , 4 t. : r 1 r H_ . "+r4 L . 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Accessory Outside Display of p* p* p* p* P* Merchandise 5. Accessory Outside Sales p* p* B. Accessory Outside Storage S p* P* P P S S S p p 7. Amateur Communication Tower p ' p p p P P p p 8. Caretakers Quarters/Domestic or p P P P P P Security Unit P p p p p p 9. Home Occupation p p 10.Private Stable P p p p p p p 11.Swimming Pool(Private) p P P P P S P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit Ado ted 1112001, 09-2003, Article 5—Use Regulations Page95 P Land Use Charts 01-2005, 10-2005 Zoning Ordinance �C' .'ter!'^.""...... . "", ...... .. _ .. .. ..1 ..., .. .t_."-,._. - may, E.. 1 s4� v�. F�- t:•...,.z:':: _:_,,:-.r,a:..:�^:....r._, _,...,:...:r'z-. ,.. :�:., .r_ <� r; ^:�' a -F' '; <iti:.,.•_^.,r:':�:;�`"=::'rM::::: dr .:5:fr," "rle-r Y x..w E J^ 'f.3r�:"F.�.,. !iC� ..Y �\ I. , : �. ._ ."..--.,:-:�_..�..:::•:..,,:•:e,_: r:.+ t{..,r ..V.rfi s+,�� wF::Tom,, .S w �{^ti�... i .. .. ._ .".., .. 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Temporary Grazing T T T T T T T S. Temporary Living Quarters 9. Traveling Show,Carnival or T T Circus P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit Page 96 Article 5--Use Regulations Adopted 11-2001, Amended Land Use Charts 09-2003, 01--2005, 10-2005 Zoning Ordinance BLANK 11/2001, 09-2003, Article 5--Use Regulations Page97 AdoptedLand Use Charts 01-2005, 10-2005 reZoning Ordinance SECTION 5.2 LISTED USES A. Agricultural&Animal-Related Uses 1. Animal Boarding/Kennel with Outside Pens a. Definition: A facility or area for keeping 4 or more dogs, cats, or other household pets outside, or where grooming,breeding, boarding,training or selling of animals is conducted as a business. This use does not include Animal Clinics or Hospitals. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 300 square feet of floor area. d. Required Loading:None e. Additional Provisions: None 2. Animal Boarding/Kennel without Outside Pens a. Definition: A facility or area for keeping 4 or more dogs, cats, or other household pets, or where grooming,breeding,boarding,training in conjunction with selling of animals is conducted as a business, and where all activities are conducted indoors. This use does not include Animal Clinics or Hospitals. b. Permitted Districts: See Land Use Charts in Section 5.1. c, Required Parking: One space for every 300 square feet of floor area. d. Required Loading:None e. Additional Provisions: All permitted districts when adjacent to a residential use: (1) Rooms containing cages or pens are not permitted to have windows, doors, or other penetrations on exterior walls. (2) Areas designated for holding,boarding,or grooming of pets are limited to no more than 10 percent of the gross floor area. 3. Animal Production a. Definition: Animal production means an area used for the raising of animals and the development of animal products on a commercial basis. Typical uses include cattle and sheep ranching, dairy farming, fish farming, and the raising of poultry and swine. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: A minimum of 2 parking spaces shall be provided. Additional required parking shall be determined during site plan review based on: (1) the operating characteristics of the use (2) the anticipated number of employees;and (3) experience with other similar uses. d. Required Loading: None e. Additional Provisions: All permitted districts: Adopted 11/2001, ARTICLE 5—USE REGULATIONS Page 97 Amended 09/2003,O1/2005, 10/2005 • Zoning Ordinance (1) Site must be surrounded by agricultural or industrial zoning or a major arterial on all sides. (2) This use shall not be operated on an area less than 5 acres. (3) The area used for large animals shall comply with the land/animal ratio requirements of the City of Wylie Health Code. (4) The area used for the production of animals shall be set back from the front, side and rear property line a minimum of 100 feet. (5) The area used for the production of large animals,which includes but are not limited to pigs,cows, sheep, goats,and horses, shall not be located closer than one-half of a mile to any residential zoning district, and one-quarter of a mile to any commercial zoning district. (6) Structures may be erected for a private stable,pen, barn, shed or silo for raising,treating, and storing products raised on the premises. A dwelling unit is also permitted. 4. Commercial Greenhouse or Nursery a. Definition: Commercial greenhouse&nursery means a facility for the cultivation of plants within a protected environment on a commercial basis. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: (1) One space for each 5,000 square feet of land area with a minimum of 2 spaces required; and (2) One parking space for each 200 square feet of floor area devoted to retail sales. d. Required Loading:None e. Additional Provisions: AG District: Limited retail sales are permitted on-site subject to the following conditions: (1) Retail sales are permitted at all times as part of the commercial greenhouse and nursery use when the retail sales do not exceed 10 percent of the total greenhouse floor area. (2) Up to 100 percent of the total greenhouse floor area may be devoted to retail sales activities during an occasional greenhouse sale.No more than 4 occasional greenhouse sales may be conducted during any 12 month period. Each occasional greenhouse sale shall be limited in duration to no more than 3 consecutive calendar days. NS& CR Districts: (1) Use shall be limited to 5,000 square feet of land area. (2) Inside retail sales permitted. (3) All outside storage shall be screened from adjacent properties and streets. 5. Crop Production a. Definition: Crop production means an area used for the raising or harvesting of agricultural crops intended to provide food or fiber. b. Permitted Distri cts: See Land Use Charts in Section 5.1. c. Required Parking:None d. Required Loading:None e. Additional Provisions: Page 98 ARTICLES—USE REGULATIONS Adopted 11/2001,Amended 09/2003,01/2005,10/2005 Zoning Ordinance (1) Crop production shall require at least a 5 acre land area. (2) Structures maybe erected for a private pen,barn, shed or silo of the treating and storing of products raised on the premises. 6. Stable, Commercial a. Definition: Commercial stable means a facility for the business of boarding or renting horses to the public. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for each horse stall within the stable. Additional parking may be required for the parking of trailers if: (1) any events are planned or conducted on the property which will draw horses from other stables; or (2) other conditions are specifically identified that require parking of horse trailers on the property. d. Required Loading:None e. Additional Provisions: All permitted districts: (1) Commercial stables shall require at least a five acre area. Animaliland ratio shall comply with requirements of the City of Wylie Health Code. (2) A commercial stable shall have sufficient drainage and other facilities so as not to create offensive odors,insect or rodent breeding, or other nuisances. (3) A pen, corral, or similar enclosure shall have a minimum front setback of 50 feet and a minimum side setback of 30 feet from the property line. In addition,they may not be located any closer than 100 feet to the dwelling on the premises or 100 feet to any property line. This provision does not apply to perimeter fences which may be located along the property line. B. Residential & Lodging Uses 1. Assisted Living Apartment a. Definition: An establishment that furnishes, in one or more facilities, food and shelter to five or more persons who are unrelated to the proprietor of the establishment and that provides personal care services as defined by Chapter 247 of the Texas Administrative Code. Personal care services include assistance with meals, dressing,movement, bathing, or other personal needs or maintenance;the administration of medication; or the general supervision or oversight of a person's physical and mental well-being. The term does not include a Nursing, Convalescent Home or Hospice. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One-half of a space for every bedroom and 1 space for every employee for the largest shift plus 1 for every 5 bedrooms for use as guest parking. Resident parking spaces shall be a minimum of 10 feet wide. Adopted 11/2001, ARTICLE 5—USE REGULATIONS Page 99 Amended 09/2003,01/2005, 10/2005 Zoning Ordinance d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001--50,000 1 Each additional 100,000 or 1 additional fraction thereof e. Additional Provisions: All permitted districts: (1) Retirement housing may contain suites for the use of residents. Suites are defined as one or more rooms designed to accommodate one family containing living, sanitary and sleeping facilities,but not containing a kitchen. (2) One dwelling unit or suite may be designated as caretakers. (3) The facility shall have access to a collector or larger street. 2. Bed &Breakfast Inn a. Definition: A house, or portion of a house,where short term lodging rooms and meals are provided. The operator of the inn shall live on the premises or in adjacent premises. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for each guest room. d. Required Loading:None e. Additional Provisions: All permitted districts: (1) The number of guest rooms is limited to 6. (2) Cooking facilities for guest rooms are not permitted. (3) Individual guest occupancy is limited to no more than one month in any 3-month period. CR district: (1) This use may only be permitted in existing structures. (2) The renovation of existing structures to accommodate this use shall maintain the existing character of the neighborhood. 3. Boarding or Rooming House a. Definition: Boarding or rooming houses means a facility that has 5 or fewer guest rooms that are rented separately to occupants. b. Permitted Districts: See Land Use Charts in Section 5.1. Page 100 ARTICLE 5—USE REGULATIONS Adopted 11/2001,Amended 09/2003,01/2005,1.012005 or' Zoning Ordinance c. Required Parking: One space for each guest room. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001—50,000 1 Each additional 100,000 or 1 additional fraction thereof e. Additional Provisions: All permitted districts: (1) This use may serve meals to the occupants. (2) This use may not have kitchens in the guest rooms. NS& CR districts: (1) This use may only be permitted in existing structures. (2) The renovation of existing structures to accommodate this use shall maintain the existing character of the neighborhood. 4. Hotel or Motel a. Definition: Hotel means a building or group of buildings whose main function is to provide rooms for temporary lodging where entrance to each room is gained from a completely enclosed area and which structure may also contain a restaurant, conference rooms, and various personal service shops. Motel means a building or group of buildings whose main function is to provide rooms for temporary lodging in which the rooms are directly accessible from an outdoor parking area. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for each one sleeping room or suite plus one space for every 200 square feet of commercial floor area. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0•-10,000 None 10,001—50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions: DTH: No motels are permitted. Adopted 11/2001, ARTICLE 5—USE REGULATIONS Page 101 Amended 09/2003,01/2005, 10/2005 Zoning Ordinance 5. Manufactured Home a. Definition: Manufactured Home is a factory-built, single-family structure that is manufactured under the authority of 42 U.S.C. Section 5401,the National Manufactured Housing Construction and Safety Standards Act of 1974, is transportable in one or more sections, is built on a permanent chassis, and is used as a place of human habitation;but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Two spaces for each unit. d. Required Loading:None e. Additional Provisions: All permitted districts: (1) Housing units shall be finished in a manner entirely consistent with site built single-family homes and shall be placed on a concrete foundation so as to be virtually indistinguishable from other homes in the area. 6. Manufactured Home Park a. Definition: Manufactured Home Park means a unified residential development of manufactured homes on transient stands arranged on a lot under a single ownership. Manufactured homes are factory assembled structures without permanent foundations and designed to be transported on its own wheels,arriving at the site as a complete dwelling unit. Removal of the wheels and placement on a foundation does not change its classification. The term manufactured home includes half units that are transported to the site on their own wheels and assembled. It does not include travel trailers,campers, camper buses,motor homes, or modular houses. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Two spaces for each mobile home plus additional spaces as required for accessory uses. d. Required Loading:None e. Additional Provisions: (1) Incidental Uses. Uses that are customarily incidental to the manufactured home park, including employee washrooms,manager's office, laundry rooms, swimming pools, and game courts,are permitted provided they are located at least 50 feet from a single family attached or single family detached zoning district. The game courts, laundry rooms,and swimming pool shall be for the exclusive use of the residents and their guests.No exterior advertising of these uses is permitted. (2) Accessory Structures. (a) The manufactured home park use includes accessory structures such as personal storage buildings,awnings,cabanas,and porches which are erected on the same transient stand as a manufactured home. Page 102 ARTICLE 5—USE REGULATIONS Adopted 11/2001,Amended 09/2003,01/2005,10/2005 pill Zoning Ordinance (b) Accessory structures located on the same transient stand as a manufactured home are subject to the same setback regulations as the manufactured home itself,except for required storage buildings which may be set within 3 feet of the rear or side line of the transient stand. Storage buildings located according to this exception must: i. be separate from the manufactured home; ri. be separate from all other accessory structures;and iii. be located to the rear of the manufactured home. (3) Pad Site. The pad site for the manufactured home shall be improved to provide adequate support for the placement of the manufactured home,thereby securing the superstructure against uplift, sliding, rotation and overturning due to frost action, inadequate drainage, vibration or other forces acting on the structure. (4) Transient Stand Requirements. Each transient stand within a manufactured home park shall have the following: (a) a separate personal storage facility, (b) a utility riser for each utility provided or required by the units located within the park, (c) a hose bib capable of accommodating a standard garden hose (5) Park Requirements. Each manufactured home park shall provide the following: (a) A park management and operations facility shall be located in a permanent building. (b) A clubhouse containing at least 2,500 square feet of floor area or, 10 square feet of floor area for each transient space in the manufactured home park,which ever is greater.The club house shall be located in a permanent building. (c) A standard depth swimming pool containing at least 800 square feet of surface area,or 3 square feet of surface area for each transient stand within the manufactured home park, whichever is greater. (d) A recreation vehicle and utility vehicle storage area with a minimum of 100 square feet of area for each transient stand within the manufactured home park,screened from adjacent public right-of-way.Recreation vehicles and utility vehicles shall not be stored on transient stands within a manufactured home park. (6) Signs.The following signs shall be provided in a manufactured home park" (a) An identification sign in accordance with the sign provisions of this ordinance,located at each entrance to the park.The sign shall include the name of the park and its address. (b) Each manufactured home transient stand shall be numbered uniformly with numbers not exceeding 4 inches in height.This sign shall be located so that it is visible from the street or drive at all times. (7) Community Television Antenna.All manufactured homes shall have buried television antenna service from one central television antenna, and no individual outside television antennas will be allowed. (8) HUD Approved.All manufactured homes to be HUD approved. All manufactured homes installed in manufactured home parks shall be HUD approved and bear the required decal. (9) Access and Traffic Circulation.All manufactured home parks shall provide access and means of motor vehicle and pedestrian traffic circulation as follows: Adopted 11/2001, ARTICLE 5—USE REGULATIONS Page 103 Amended 09/2003,01/2005, 10/2005 ?VS Zoning Ordinance (a) Access.Motor vehicle entrances and exits shall be designed for safe and convenient traffic movement from adjacent public streets and onto internal streets and shall be limited to one entrance. (b) Internal streets.Internal streets shall be privately owned,built and maintained,and shall be designed for safe and convenient access to all spaces and to facilities for common use of park residents.All streets shall have concrete curbs and guttering set to City standards. i. On all internal streets,roads or driveways designed or intended to provide access to 2 or more spaces,there shall be 27 feet of pavement width with no on-street parking, unobstructed for vehicular access at all times. ii. If streets,roads or driveways are designed or intended to be used also for vehicular parking,a parallel parking space shall require a minimum width of 16 feet by 10 feet of street specification concrete,and no such parking space shall occupy or encroach upon the minimum unobstructed access areas. m.Dead-end streets shall be limited in length to 600 feet and shall be provided at the closed end with a turnaround having a radius of not less than 44 feet. (c) Outside Entry Roads.Outside roads to the development shall be assessed on a pro rata basis using spaces as a criteria as dictated by the Council pertaining to development expense,if there is a usable road that complies with City specifications.If no road exists,it becomes the sole expense of the developer to provide one. (d) Perimeter Streets.Requirements for perimeter streets,as outlined in the Subdivision Ordinance,as amended,shall apply to manufactured home parks. (10) Utilities: (a) All Manufactured Home Parks must be connected to the public water and sewer system. (b) All Manufactured Home Parks shall comply with City requirements for water,sewer, electrical,gas,and all other utilities. 7. Multifamily Dwelling a. Definition: Multifamily Dwellings means 3 or more dwellings located on a single lot. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: (1) 1 for every efficiency dwelling unit(no separate bedroom); 1 for every 1 bedroom dwelling unit; 2 for every 2 bedroom dwelling unit; 2 for every 3 bedroom dwelling unit; 2 plus .5 for every each bedroom for dwelling units larger than 3 bedrooms;plus 1 for every 10 dwelling units guest parking (2) Required parking spaces shall be located behind the required front setback line. d. Required Loading:None Page 104 ARTICLE 5—USE REGULATIONS Adopted 11/2001, Amended 0912003,0I12005,1012005 pill Zoning Ordinance r e. Additional Provisions: All permitted districts: (1). All multifamily units shall provide laundry facilities consisting of 2 washers and 4 dryers for every 20 dwelling units or hook-ups in each dwelling unit. (2) Projects of 10 or more 2-bedroom units shall provide central playground(s)equivalent to 15 square feet for every 2 bedroom dwelling unit. (3) For projects of 30 or more units the following shall be provided: (a) A lighted building directory in a public area. (b) Lidded dumpsters. (c) On-site management. (d) Covered mail boxes located in a central area which is lighted and has seating available. (e) Laundry rooms shall have secured access. (f) Common areas shall be visible from windows. (4) Uses that are customarily incidental to the Multifamily Dwelling use, including employee washrooms,manager's office, laundry rooms, swimming pools, and game courts, are permitted provided they are located at least 50 feet from a single family attached or single family detached zoning district. (5) The game courts, laundry rooms, and swimming pool shall be for the exclusive use of the residents and their guests.No exterior advertising of these uses is permitted. NS & CR districts: In addition to the standards above,the following shall apply: (1) Residential uses shall be in a mixed-use structure, or (2) Residential uses shall be part of an approved mixed use development plan where the residential is integrated within the development and residential and non-residential uses are developed concurrently. 8. Single Family Dwelling,Attached a. Definition: A dwelling unit attached to one or more other dwelling units where each dwelling unit is located on a separate lot. Attached single family dwelling units may include duplexes, townhouses, four-plexes, etc. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Two spaces for every dwelling, one of which must be enclosed. All required parking shall be located behind the front building line. d. Required Loading:None e. Additional Provisions: NS& CR districts: In addition to the standards above,the following shall apply: (1) Residential uses shall be in a mixed-use structure, or (2) Residential uses shall be part of an approved mixed use development plan where the residential is integrated within the development and residential and non-residential uses are developed concurrently. Adopted 11/2001, ARTICLE 5—USE REGULATIONS Page 105 Amended 09/2003,01/2005, 10/2005 reZoning Ordinance 9. Single Family Dwelling, Detached a. Definition: Single family dwellings means one dwelling unit located on a lot. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Two enclosed spaces for every dwelling, located behind the building line. d. Required Loading:None e. Additional Provisions:None C. Institutional& Community Service Uses 1. Cemetery or Mausoleum a. Definition: Cemeteries &mausoleum means: (1) A cemetery is a place designated for burial of the dead. (2) A mausoleum is a building with places for the entombment of the dead. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for each 4 fixed seats or one space for each 100 square feet of non-fixed seating area in gathering room,whichever is greater. Minimum of 2 spaces required. d. Required Loading:None e. Additional Provisions:None 2. Church/House of Worship a. Definition: Church means a facility used for people to gather together for public worship, religious education, or other religious activities. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 4 seats in the main auditorium. d. Required Loading:None e. Additional Provisions: All permitted districts: (1) The following structures,when located on top of a church building,are excluded from the height measurements of the church building: (a) belfries,bell towers,campaniles,or carillons; (b) crosses; (c) cupolas,spires,or steeples;or (d) similar architectural appurtenances used as religious symbols. (2) A rectory, convent,or monastery is permitted as an accessory use. These accessory uses may be located on a separate lot and are not subject to the area limitations in Article 3 Residential District Regulations. 3. College or University a. Definition: A college or university is an academic institution of higher learning beyond the level of secondary school. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 5 classroom seats plus one space for every 3 seats in an auditorium.. Page 106 ARTICLE 5—USE REGULATIONS Adopted 11/2001,Amended 0912003,0112005,10/2005 plit Zoning Ordinance d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0---10,000 None 10,001—50,000 1 Each additional 100,000 or 1 additional fraction thereof e. Additional Provisions:None 4. Cultural Arts Facility a. Definition: Cultural arts facilities means a facility for the development,production, and presentation of the visual and performing arts, including live theater, dance,music,painting, sculpture, and crafts. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 200 square feet of floor area. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001 —50,000 1 Each additional 100,000 or 1 additional fraction thereof e. Additional Provisions: NS & CR districts: Structure shall be no more than 10,000 square feet in area. 5. Day Care Facility a. Definition: Day care facility means a facility that provides care,training, education, custody, treatment,or supervision for 7 or more persons who are unable to care for themselves and who are not related by blood,marriage,or adoption to the owner or operator of the facility, whether or not the facility is operated for profit or charges for the services it offers. This use does not include: (1) a facility that is accessory to a use, such as a shopping center,business,religious institution or other establishment,where children or adults are cared for during short periods of time while parents or persons responsible for them are engaging in activities related to the primary use; or (2) a facility that operates solely for educational instruction to children in grades kindergarten through at least grade two,that does not provide custodial care for more than one hour during the hours before or after the customary school day. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One and 1/2 spaces for every teacher. Adopted 11/2001, ARTICLE 5 USE REGULATIONS Page 107 Amended 09/2003,01/2005, 10/2005 reZoning Ordinance d. Required Loading: One loading space for every 10 students or children shall be provided off- street. e. Additional Provisions: All permitted districts: (1) No overnight accommodations shall be provided. (2) State license required. 6. Group Home a. Definition: A facility providing food and shelter, personal guidance, care, rehabilitation services, or supervision for not more than 6 disabled persons, regardless of their legal relationship to one another, and 2 supervisory personnel. A group home is a community-based residential home operated by the Texas Department of Mental.Health and Mental Retardation Act,which provides services to disabled persons, or a nonprofit entity certified by the Texas Department of Human Resources as a provider under the intermediate care facilities for the mentally retardation program. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Four spaces. d. Required Loading:None e. Additional Provisions: (1) State license required. (2) No group home shall be established within 750 feet of another group home. 7. Hospital or Sanitarium a. Definition: Hospitals &sanitariums means an institution where sick or injured patients are given medical treatment. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One and one-half spaces for every patient bed. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0-10,000 None 10,001-50,000 1 Each additional 100,000 or 1 additional fraction thereof e. Additional Provisions:None 8. Library a. Definition: Library means a nonprofit establishment for the loan or display of books. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 200 square feet of floor area. d. Required Loading:None e. Additional Provisions:None Page 108 ARTICLE 5-USE REGULATIONS Adopted 11/2001, Amended 09/2003,01/2005,10/2005 Zoning Ordinance 9. Mortuary or Funeral Home a. Definition: Mortuary,funeral home means a facility in which dead bodies are prepared for burial or cremation and where funeral services may be conducted. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for each two seats in the service areas and one space per employee. d. Required Loading: None e. Additional Provisions:None 10. Nursing,Convalescent Home or Hospice a. Definition:Nursing,convalescent home or hospice means an establishment, in single or multiple facilities,which provides lodging and skilled nursing care for elderly, disabled, chronically ill or convalescent patients. The facility may also provide minor medical treatment under the direction and supervision of a physician. This use does not include: (1) a hotel or similar place that furnishes only food and lodging, or either,to its guests; (2) a hospital; or (3) an assisted living apartment. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 4 beds. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001—50,000 1 Each additional 100,000 or 1 additional fraction thereof e. Additional Provisions: MF District: (1) The minimum parcel size required shall be 10,000 square feet. (2) The maximum number of beds per acre shall be 50. (3) Facility shall be located on a collector street or larger. 11. School,Public or Private,Elementary a. Definition: Schools,public or private, elementary means an educational institution that has a curriculum for kindergarten and/or elementary education. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for each employee at capacity plus one space for every 2 classrooms. Adopted 11/2001, ARTICLE 5—USE REGULATIONS Page 109 Amended 09/2003,01/2005, 10/2005 Zoning Ordinance d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0--10,000 None 10,001 -50,000 1 Each additional 100,000 or 1 additional fraction thereof e. Additional Provisions: All permitted districts: Pick-up and drop-off areas which will accommodate 4 school buses shall be provided on-site. 12. School,Public or Private, Secondary a. Definition: Schools,public or private, secondary means an educational institution that has a curriculum for secondary education, or post secondary education. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: (1) Junior High Schools. One space for each employee at capacity plus one space for every 2 classrooms. (2) High Schools. One space for every employee plus one space for every 4 students at capacity. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0-10,000 None 10,001-50,000 1 Each additional 100,000 or 1 additional fraction thereof e. Additional Provisions: All permitted districts: (1) Secondary schools shall be located on a collector or larger street. (2) Pick-up and drop-off areas which will accommodate 6 school buses shall be provided on- site. 13. School,Business a. Definition: School,business means a facility offering instruction and training in a service or the arts such as secretarial,barbering, cosmetology, commercial arts, computer operations, and similar training. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 28 feet of classroom space. Page 110 ARTICLE 5—USE REGULATIONS Adopted 11/2001,Amended 09/2003,01/2005,10/2005 rift Zoning Ordinance d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001—50,000 1 Each additional 100,000 or 1 additional fraction thereof e. Additional Provisions:None 14. School,Technical or Trade a. Definition: School,technical or trade means an establishment offering instruction and training in technical and skilled trades or crafts such as auto repair,cooking,welding,bricklaying, machinery operation, electronic and electrical services,plumbing,or other similar trades or crafts. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 28 feet of classroom space. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001—50,000 1 Each additional 100,000 or 1 additional fraction thereof e. Additional Provisions:None D. Office Uses 1. Financial Institution,with drive-through a. Definition: Financial institution with drive-through window means a facility for the custody, loan or exchange of money,and the extension of credit that provides drive-in window service for customers in motor vehicles. b. Permitted Districts: See Land Use Charts in Section 5.1. c, Required Parking: One space for every 300 square feet of floor area. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001—50,000 1 Each additional 100,000 or 1 additional fraction thereof e. Additional Provisions:None Adopted 11/2001, ARTICLE S—USE REGULATIONS Page 111 Amended 09/2003,01/2005, 10/2005 reZoning Ordinance J, 2. Financial Institution,without drive-through a. Definition: Financial institution without drive-through window means a facility for the custody, loan or exchange of money, and the extension of credit that does not provide drive-in window service for customers in motor vehicles. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 300 square feet of floor area. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001—50,000 1 Each additional 100,000 or 1 additional fraction thereof e. Additional Provisions:None 3. General Office a. Definition:General office means a place for the regular transaction of business. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 300 square feet of floor area. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001—50,000 1 Each additional 100,000 or 1 additional fraction thereof e. Additional Provisions:None 4. Medical Clinic a. Definition: Medical clinic means a facility for examining, consulting with, and treating patients with medical,dental,or optical problems on an out-patient basis. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 300 square feet of floor area. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001—50,000 1 Each additional 100,000 or 1 additional fraction thereof Page 112 ARTICLE S—USE REGULATIONS Adopted 11/2001,Amended 0912003,0112005,1012005 reZoning Ordinance e. Additional Provisions: NS District: If the building is over 5,000 square feet,an SUP is required. L I and H I Districts: May only occupy up to 10 percent of the gross floor area of a building. E. Recreational, Entertainment&Amusement Uses 1. Commercial Amusement or Recreation, Inside a. Definition: Commercial amusement, inside means a facility wholly enclosed in a building that offers entertainment or games of skill to the general public for a fee. This uses typically include bowling alleys or billiard parlors. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 100 square feet of floor area and one space for each employee. d. Required Loading:None e. Additional Provisions:None 2. Commercial Amusement or Recreation, Outside a. Definition: Commercial amusement, outside means a facility offering entertainment or games of skill to the general public for a fee where any portion of the activity takes place outside. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 100 square feet of floor area and one space for each employee, or as determined one the approved site plan. d. Required Loading:None e. Additional Provisions:None 3. Community Park,Recreation Center, or Golf Course,Public a. Definition: Community park, recreation center, or golf course means a large scale recreation facility or park owned or operated by a public agency and available to the general public, typically over 10 acres in size and equipped with active recreation facilities and equipment which draws patrons from the entire community. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: The number shall be determined during a site plan review process that considers: (a) The proposed mix of recreation uses and their operating characteristics; (b) Experience with similar recreation facilities;and (c) The following general standards when applicable: i. One space for every 100 square feet of floor area for structures ii. Three spaces for every game court; iii. One space for every three seats in any assembly area; iv. Seventy spaces for every playing field used for league play;and v. Five spaces for every golf course green. d. Required Loading: None e. Additional Provisions:None Adopted 11/2001, ARTICLE 5--USE REGULATIONS Page 113 Amended 09/2003,01/2005, 10/2005 lit Zoning Ordinance 4. Country Club or Golf Course,Private a. Definition: Country Club or Golf Course with private membership means a private recreational club containing a golf course and a club house that is available only to the country club membership and their guests. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 150 square feet of floor area or for every 5 members, whichever is greater. Golf courses require one space for every 2 employees on the largest shift plus 3 spaces for every golf hole. d. Required Loading:None e. Additional Provisions: None 5. Golf Driving Range a. Definition: Golf Driving Range is an area used for hitting golf balls. A driving range may include an indoor management office. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Three spaces,plus one space for every tee. d. Required Loading:None e. Additional Provisions:None 6. Health Club a. Definition: An establishment that provides facilities for aerobic exercises, running and jogging, exercise equipment,game courts, swimming facilities,and saunas, showers, massage rooms, and lockers. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 200 square feet of floor area. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0-10,000 None 10,001-50,000 1 Each additional 100,000 or 1 additional fraction thereof e. Additional Provisions: MF and MR District: Health club shall be integrated into the residential development and shall be open to residents only. NS District: If the building is over 5,000 square feet, an SUP is required. Page 114 ARTICLE 5-USE REGULATIONS Adopted 11/2001, Amended 09/2003,o I/2005,10/2005 pit Zoning Ordinance 7. Neighborhood Park or Playground a. Definition: Neighborhood park or playground means a recreation facility or park owned or operated by a public agency and available to the general public,typically under 10 acres in size and equipped with passive recreation facilities and limited equipment which draws patrons from the immediate neighborhood. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: (1) None when the use: (a) is less than 3 acres in size; (b) is completely located within a residential neighborhood; (c) has no structural facilities beyond playground equipment;and (d)is not adjacent to a collector or larger street. (2) When parking is required,the number shall be determined during a site plan review process that considers: (a) The proposed mix of recreation uses and their operating characteristics; (b) Experience with similar recreation facilities;and (c) The following general standards when applicable: i. 3 spaces for every game court; ii. One space for every additional 150 square feet of floor area in structures;and iii. 70 spaces for every playing field or diamond used for league play. d. Required Loading: None e. Additional Provisions:None 8. Sexually-Oriented Business a. Definition: An adult arcade,adult bookstore or adult video store, adult cabaret,adult motel, adult motion picture theater, adult theater, escort agency,nude model studio,or massage establishment. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 100 square feet of floor area. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001—50,000 1 Each additional 100,000 or 1 additional fraction thereof e. Additional Provisions: This use shall meet all requirements of the Chapter 26"Businesses"of the City of Wylie Code,Article III Massage Establishments and Article IV Sexually Oriented Businesses. Adopted 11/2001, ARTICLE 5--USE REGULATIONS Page 115 Amended 09/2003,01/2005, 10/2005 reZoning Ordinance 9. Shooting Range,Indoor a. Definition: Indoor shooting range means an indoor facility where individuals may discharge firearms in a controlled setting for the purposes of testing accuracy, for training, or for sport. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 500 square feet of floor area. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001 —50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions:None 10. Theater a. Definition: Theater means a facility for showing motion pictures or staging theatrical performances or other performing arts to an audience inside an enclosed structure. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every three seats or bench seating spaces plus one per each employee. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0---10,000 None 10,001—50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions:None F. Retail, Personal Service& Commercial Uses 1. Animal Clinic or Hospital a. Definition: Animal clinic means a facility for the diagnosis,treatment, and hospitalization of animals including,but not limited to dogs, cats, birds,and horses. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One for every 400 square feet of floor area. Page 116 ARTICLE 5--USE REGULATIONS Adopted 11/2001,Amended 09/2003,01/2005,10/2005 pit Zoning Ordinance d, Required Loading: Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001—50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions: All permitted districts when adjacent to a residential use: (1) Rooms containing cages or pens are not permitted to have windows, doors,or other penetrations on exterior walls. (2) Areas designated for holding, boarding,or grooming of pets are limited to no more than 10 percent of the gross floor area. 2. Automobile Rental a. Definition: Automobile rental means a facility for the rental of vehicles including automobiles, vans, and light trucks under 6,000 pounds gross vehicle weight. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: 1 parking space for every 500 square feet of floor area. d, Required Loading: Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001—50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions: CR and L I Districts: (1) Passenger vehicles only. (2) No more than 20 rental vehicles shall be stored on the site at any one time. 3. Automobile Repair,Major a. Definition: Garage for repair&rebuilding of personal vehicles means a facility for the repair, maintenance,and restoration of vehicles under 6,000 pounds gross vehicle weight. This use includes engine rebuilding and body work and painting necessary for the restoration of motor vehicles. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One parking space for every 300 square feet of office floor area and one space for each service bay or service area. Adopted 11/2001, ARTICLE 5--USE REGULATIONS Page 117 Amended 09/2003,01/2005, 10/2005 reZoning Ordinance d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0---10,000 None 10,001 —50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions:None 4. Automobile Repair,Minor a. Definition: Auto service center means a facility for the servicing or minor repair of automobiles. This use may include the retail sales of lubricating oils,tires, or parts for use in motor vehicles. Minor repairs include replacement of engine,transmission, chassis and drive train parts,tune-up and adjustments of motor vehicle engines and systems, and the replacement and repair of minor body parts such as windshields and windows and body trim parts. This use does not include rebuilding of engines or the restoration and painting of motor vehicles. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One parking space for every 300 square feet of office floor area and one space for each service bay or service area. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001—50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions: NS District: (1) All activities and operations shall be conducted entirely within an enclosed structure. (2) Noise from bells or loudspeakers shall not be audible beyond the property line at any time. (3) Openings in service bays shall not face public rights-of-way and shall be designed to minimize visual intrusion into adjoining properties. Page 118 ARTICLE 5—USE REGULATIONS Adopted 11/2001, Amended 09/2003,01/2005,10/2005 reZoning Ordinance 5. Body Art Studio a. Definition: An establishment whose services include tattooing and/or body piercing. Tattooing shall mean the placing of designs,letters, figures, symbols,or other marks upon or under the skin of any person,using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin. Body piercing shall mean the creation of an opening in an individual's body, other than ear piercing,to insert jewelry or another decoration. b. Permitted Districts: See Land Use Charts in Section 5.1 c. Required Loading: None d. Required Loading: None Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001 —50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions: Certifications of Occupancy for Body Art Studios must be held by a person licensed by the State of Texas, and such facilities must meet all environmental health requirements of the City of Wylie. Body Art Studios must be set back 1,000 feet from any other Body Art Studio; Residential Zoning District; Church; Public, Private or Parochial School; and Day Care. 6. Car Wash a. Definition: Car wash means a facility for the washing or cleaning of vehicles. A car wash may be: (I) a single unit type which has a single bay or a group of single bays with each bay to accommodate one vehicle only where a person uses a high pressure hose to wash the vehicle by hand; or (2) an automated single unit type which has a single bay to accommodate one vehicle at a time; or (3) a tunnel unit type which allows washing of multiple vehicles in a tandem arrangement while moving through the structure. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Type of Car Wash Total Number of Parking Spaces Required Single unit,not automated 1 Automated single unit 1 Tunnel unit 1 per employee d. Required Loading: None Adopted 11/2001, ARTICLE 5-Y-USE REGULATIONS Page 119 Amended 09/2003,01/2005, 1012005 Zoning Ordinance e. Additional Provisions: (I) The following off-street stacking spaces are required: Type of Car Wash Total Number of Stacking Spaces Required Single unit,not automated 2 Automated single unit 2 Tunnel unit 5 (2) Bay openings shall not face public streets or adjoining residential properties. 7. Club or Lodge,Non-profit a. Definition: Club or lodge,non-profit means a facility providing for the activities of private service organizations and clubs that operate on a non-profit basis. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One and one-quarter spaces for every 200 square feet. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001—50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions:None 8. Contractor's Maintenance Yard a. Definition: Contractor's maintenance yard means a facility for the storage and maintenance of contractor's supplies and operational equipment. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 300 square feet of office area. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001—50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions: None 9. Dry Cleaning or Laundry, Drop-Off or Self Service a. Definition: Dry cleaning, laundry store means a facility for the cleaning of garments, principally for individuals. This use may be either: (1)a facility where patrons do their own cleaning;or (2)a facility where the cleaning is done by employees of the establishment. Page 120 ARTICLE 5--USE REGULATIONS Adopted 11/2001, Amended 09/2003,01/2005,10/2005 reZoning Ordinance b. Permitted Districts: See Land Use Charts in Section 5.1. c, Required Parking: One space for every 200 square feet of floor area. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001—50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions: DTH:No drive through window service. 10. Cleaners,Commercial a. Definition: A Commercial Cleaners is a facility or area for cleaning items in bulk quantities such as clothes and linens. This definition includes cleaning for hospitals, restaurants,hotels, diaper cleaning services and other similar accounts, as well as rug and dry cleaning plants where on-premise retail services to individual households are incidental to the operation of the plant. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 500 square feet of floor area. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001—50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions: (I) Discharge of fumes into the atmosphere is prohibited. 11. Equipment Rental a. Definition: Equipment Rental means a facility for renting tools and heavy equipment. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 500 square feet of floor area. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001—50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions: None. Adopted 11/2001, ARTICLE 5--USE REGULATIONS Page 121 Amended 09/2003,01/2005, 10/2005 ript Zoning Ordinance 12. Food Processing a. Definition: A facility in which food for human consumption is provided in the final form, such as candy, baked goods and ice cream, and the food is distributed to retailers or wholesalers for resale on or off the premises. The term does not include food or beverage processing which uses any mechanized assembly line production of canned or bottled goods. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 500 square feet of floor area. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0---10,000 None 10,001—50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions: CR District: Structure must be 10,000 square feet or less. 13. General Merchandise or Food Store 5,000 s.f. or less a. Definition: General merchandise or food store 5,000 square feet or less means a retail store with a floor area of 5,000 square feet or less for the sale or trade of general merchandise or food. Typical general merchandise includes clothing and other apparel,equipment for hobbies and sports, including bicycles, gifts, flowers and household plants, dry goods,toys,furniture, antiques,books and stationary,pets, drugs, auto parts and accessories, and similar consumer goods. The term"food store" includes a grocery, delicatessen, and convenience and specialty foods stores. This use does not include other uses in this article that are specifically listed. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 200 square feet of gross floor area. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001—50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions: Page 122 ARTICLE 5---USE REGULATIONS Adopted 11/2001,Amended 0912003,01/2005,10/2005 reZoning Ordinance 14. General Merchandise or Food Store greater than 5,000 s.f. a. Definition: General merchandise or food store greater than 5,000 Square feet means a retail store with a floor area greater than 5,000 square feet for the sale or trade of general merchandise or food. Typical general merchandise includes clothing and other apparel, equipment for hobbies and sports,including bicycles,gifts, flowers and household plants,dry goods,toys, furniture, antiques, books and stationary,pets, drugs, auto parts and accessories, and similar consumer goods. The term"food store" includes a grocery, delicatessen, and convenience and specialty foods stores. This use does not include other uses in this article that are specifically listed. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 200 square feet of gross floor area. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001—50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions:None 15. Home Improvement Center,Lumber,Brick,or Building Materials a. Definition: Home improvement centers, lumber,brick, or building materials means a facility for the sale of home, lawn, and garden supplies,bricks, lumber, and similar building materials. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 200 square feet of gross floor area. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001—50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions:None 16. Household Equipment&Appliance Repair a. Definition: Household equipment and appliance repair means a facility for the repair of household and home equipment, including appliances, lawnmowers,power tools, and similar items. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 400 square feet of floor area. d. Required Loading: Adopted 11/2001, ARTICLE 5—USE REGULATIONS Page 123 Amended 09/2003,01/2005, 10/2005 reZoning Ordinance Square Feet of Floor Area Required Loading Spaces 0---10,000 None 10,001—50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions:None. 17. Motor Vehicle Fueling Station a. Definition: Motor Vehicle Fueling Station means a building or covered premises used for the dispensing and sale of fuels or oils and accessories for the motor vehicle trade,together with automatic car wash facilities. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Minimum of four spaces. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001—50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions: NS District: (1) SUP required and the additional conditions in 2 through 5 below. (2) All commercial activities and operations shall be conducted entirely within an enclosed structure, except as follows: (a) The dispensing of petroleum products,water and air from pump islands. (b) The sale of items via vending machines which shall be located next to the main structure. (3) Pump islands shall be located a minimum of 45 feet from a street right-of-way line. A canopy or roof structure over a pump island may be located no closer than 35 feet from the street right-of-way line. (4) One off-street stacking space is required for each pump and water/air dispenser. (5) No used or discarded automotive parts or equipment or disabled,junked, or wrecked vehicles shall be located in any open area outside the main structure. (6) Noise from bells or loudspeakers shall not be audible beyond the property line at any time. 18. Pawn Shop a. Definition: Pawn Shop means a facility for loaning money on the security of personal property and the sale of unclaimed property. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 200 square feet of gross floor area. Page 124 ARTICLE 5--USE REGULATIONS Adopted 11/2001,Amended 09/2003,01/2005,10/2005 reZoning Ordinance d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001—50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions:None 19. Personal Service Use a. Definition: Personal service use means a facility for the sale of personal services. Personal service uses include,but are not limited to a barber/beauty shop, shoe repair,a tailor, an instructional arts studio, a photographic studio, a handcrafted art work studio, a travel bureau, and duplicating shop. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 200 square feet of floor area. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0--10,000 None 10,001—50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions: None. 20. Restaurant with Drive-in or Drive-through Service a. Definition: Restaurant with drive-in or drive through service means (1) A restaurant with drive-in service is an establishment principally for the sale and consumption of food where food service is provided to customers in motor vehicles for consumption on the premises. (2) A restaurant with drive-through service is an establishment principally for the sale and consumption of food which has direct window service allowing customers in motor vehicles to pick up food for off-premises consumption. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every three seats under maximum seating arrangement. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001—50,000 1 Each additional 10,000 or 1 fraction thereof Adopted 11/2001, ARTICLE 5—USE REGULATIONS Page 125 Amended 09/2003,01/2005, 10/2005 reZoning Ordinance e. Additional Provisions: CR District: Drive through and stacking area shall not be located adjacent to residential uses. 21. Restaurant without Drive-in or Drive-through Service a. Definition: Restaurant without drive-in or drive through service means an establishment principally for the sale and consumption of food on the premises. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every three seats under maximum seating arrangement with no fewer than 8 provided. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001—50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions:None 22. Truck,Machinery & Heavy Equipment Sales, Service or Repair a. Definition: Truck,machinery and heavy equipment sales, service or repair means a facility for the display, sales, servicing and, or repair of trucks,machinery and heavy equipment. This use includes farm equipment and recreational vehicles over 6,000 pounds in weight. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 300 square feet of office area plus one space for every 500 square feet of indoor sales and repair areas. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001—50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions:None 23. Vehicle Display,Sales or Service a. Definition: Vehicle display, sales, and service means a facility for the display, service and retail sale of new or used automobiles,boats,trucks,motorcycles,motor scooters, recreational vehicles, aircraft, or trailers. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 300 square feet of office area plus one space for every 500 square feet of indoor sales and repair areas. Page 126 ARTICLE 5—USE REGULATIONS Adopted 11/2001, Amended 09/2003,01/2005,10/2005 /4" Zoning Ordinance d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001—50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions: None G. Nil*, Transportation & Public Service Uses 1. Airport, Heliport or Landing Field a. Definition: Airport,heliport, or landing field means a facility for the taking-off or landing of fixed or rotary wing aircraft. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 200 square feet of floor area in the terminal building or office area plus one space for every 500 square feet of repair area. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—50,000 1 50,001 —100,000 2 Each additional 100,000 or 1 additional fraction thereof e. Additional Provisions:None 2. Animal Shelter a. Definition: Animal Shelter means a pubic or non-profit facility for the harboring of animals including,but not limited to dogs, cats, and other household pets. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every employee. d. Required Loading:None e. Additional Provisions:None Adopted 11/2001, ARTICLE 5—USE REGULATIONS Page 127 Amended 09/2003,0112005, 1012005 rill Zoning Ordinance 3. Commercial Bus Station, Terminal or Service Facility a. Definition: Commercial bus station and terminal means a privately owned or operated facility for the boarding and discharge of bus passengers. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 400 square feet of floor area in the terminal building or office area. d. Required Loading: Square Feet of Floor Area _ Required Loading Spaces 0—10,000 None 10,001—50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions: None 4. Commercial Radio or TV Transmitting Station a. Definition: Commercial radio&TV transmitting station means a facility for the transmission of commercial programming by radio or television within the commercial band of the electromagnetic spectrum. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 500 square feet of gross area. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001—50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions: None 5. Electric Substation or Gas Regulator Station a. Defmition: Electric substation&gas regulator station means a facility for the transforming of electricity or the reduction in gas pressure for distribution to individual customers. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Two spaces. d. Required Loading: None e. Additional Provisions: None Page 128 ARTICLE 5--USE REGULATIONS Adopted 11/2001,Amended 09/2003,0 1/2005,10/2005 pit Zoning Ordinance 6. Helipad a. Definition: Helipad means a landing area used for the taking off or landing of helicopters for the purpose of picking up and discharging passengers or cargo., This facility is not open to use by any helicopter without prior permission having been obtained. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 600 square feet of the site, a minimum of four spaces is required. d. Required Loading: None e. Additional Provisions:None 7. Local Utilities a. Definition: Local utilities means electrical power,telephone,gas,water, and sewer drainage lines; air pollution monitoring stations and flood staging stations; and,unmanned,in-line facilities such as water wells, or pumping stations,telephone exchanges, switching, and transmitting equipment, including cellular telephone cell sites that are operated by the City or by a public service utility company. This use does not include any use otherwise listed in this Chapter. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 200 square feet of building area. d. Required Loading:None e. Additional Provisions: All permitted districts: Above ground storage tanks are not permitted under this use. 8. Mounted Antenna a. Definition: Mounted Antenna means an antenna that is attached to a permitted structure. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking:None in addition to requirements for permitted structure. d. Required Loading:None in addition to requirements for permitted structure. e. Additional Provisions: All permitted districts: (1) Antennas mounted on buildings. (a) Roof-mounted telecommunications antennas are allowed on buildings in all zoning districts,provided: i. a non-whip antenna does not exceed the height of the building by more than 10 feet and is screened from view from any adjacent public roadway,and ii. a whip antenna does not exceed the height of the building by more than 15 feet and is located no closer than 15 feet to the perimeter of the building. (b) Prior to installation on of a roof-mounted antenna,the City shall be provided with an engineer's certification that the roof will support the proposed antenna and associated roof- mounted equipment. Adopted 11/2001, ARTICLE 5---USE REGULATIONS Page 129 Amended 09/2003,01/2005. 10/2005 .r Zoning Ordinance (c) Roof-mounted antennas and associated equipment may be screened with enclosures or facades having an appearance that blends with the building on which they are located or by locating them so that they are not visible from an adjacent public roadway. (2) Building-mounted telecommunications antennas of the non-whip type are allowed on nonresidential buildings in all zoning districts provided the antenna is mounted flush with the exterior of the building so that it projects no more than thirty inches from the surface of the building to which it is attached; and the antenna's appearance blends with the surrounding surface of the building. (3) Associated equipment shall be placed either within the same building or in a separate building which matches the existing building in character and building materials or blends with the landscaping and other surroundings immediately adjacent to the separate building housing the equipment. Associated equipment for roof-mounted antennas may be located on the roof of the building if it is screened from view from any adjacent public roadway. (4) Other existing structures.Telecommunications antennas are allowed on existing utility, lighting,telecommunications towers and sign structures exceeding 50 feet in height, provided that the antenna does not exceed the height of the structure by more than 10 feet if a non-whip type or 15-feet if a whip type. Existing structures may be rebuilt if necessary to support the load of the new antenna if the rebuilt structure is substantially similar in appearance to the existing structure it replaces. (5) When an application for a building permit to locate a telecommunications antenna on an existing building or other structure is made,color photo simulation showing the site of the existing structure with a photo-realistic representation of the proposed antenna and the existing structure or any proposed reconstruction of the structure as it would appear viewed from the closest residential property and from adjacent roadways shall be provided. The applicant shall also submit photographs of the same views showing the current appearance of the site without the proposed antenna. (6) Telecommunications antennas shall not be constructed or used without all approvals and permits first having been secured. 9. Police or Fire Station a. Definition: Police or Fire station means a facility operated by a governmental entity as a police or fire station. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 300 square feet of floor area for a police station; 5 spaces plus one space for every bed in a fire station. d. Required Loading:None e. Additional Provisions:None 10. Post Office a. Definition: Post office means a government facility for the transmission, sorting, and local distribution of mail. b. Permitted Districts: See Land Use Charts in Section 5.1. Page 130 ARTICLE 5—USE REGULATIONS Adopted 11/2001,Amended 09/2003,01/2005,10/2005 reZoning Ordinance c, Required Parking: One space for every 500 square feet of floor area in the customer service areas;plus one space for every 1,000 square feet of floor area in the mail processing areas. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—50,000 1 50,001 —100,000 2 Each additional 100,000 or 1 additional fraction thereof e. Additional Provisions: None 11. Radio, Television or Microwave Tower a. Definition: Radio,television or microwave tower means a structure supporting antennae that transmit or receive any portion of the electromagnetic spectrum. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Two spaces. d. Required Loading:None e. Additional Provisions:None 12. Railroad Yard a. Definition: Railroad yards means a facility for storing and making up trains. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 1,000 square feet of floor area of any structure on the site. d. Required Loading: None e. Additional Provisions: None 13. Sewage Treatment Plant a. Definition: Sewage treatment plant means a facility for receiving and treating sewage from the City sanitary sewer system. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Two spaces. d. Required Loading: None e. Additional Provisions:None Adopted 11/2001, ARTICLE 5—USE REGULATIONS Page 131 Amended 09/2003,01/200 5, 10/2005 piZoning Ordinance 14. Telecommunications Tower a. Definition: Telecommunications tower means a structure more than 10 feet tall,built primarily to support one or more telecommunications antennas. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Two spaces. d. Required Loading:None e. Additional Provisions: All permitted districts: (1) A site plan is required for all telecommunications towers. Site plan review shall include the following provisions in(2)through(16),below. (2) Tower height, including antenna array, shall not exceed 120 feet. (3) Telecommunications towers shall not be located closer to a residential district than 200 feet or a 3 to 1 distance to height ratio,whichever is greater. (4) New telecommunications towers must be a minimum distance of 5,000 feet from another telecommunications tower. (5) All guys and guy anchors shall be located within the buildable area of the lot and not within the front, rear, or side yard setbacks and no closer than 5 feet to any property line. (6) The base of the tower shall be enclosed by security fencing at least 8 feet high. (7) Equipment buildings shall be similar in color and character to the main or adjoining building or structure or blend with the landscape and other surroundings immediately adjacent to it and be screened by a masonry wall. (8) The tower shall be erected and operated in compliance with current Federal Communication Commission and Federal Aviation Administration rules and regulations and other applicable federal and state standards. (9) A telecommunications tower shall be: (a) Used by a minimum of 3 or more wireless communications providers;or (b) Designed and built so as to be capable of use by 3 or more wireless communications providers,including providers such as cellular or PCS providers using antenna arrays of 9 to 11 antennas each within 15 vertical feet of each other with no more than 3 degrees of twist and sway at the top elevation.The owner of the tower and the property on which it is located must certify to the City that the antenna is available for use by another wireless telecommunications provider on a reasonable and nondiscriminatory basis and at a cost not exceeding the market value for the use of the facilities.If the property on which the tower is proposed to be located is to be leased,the portions of the actual or proposed lease that demonstrate compliance with the requirements of this paragraph shall be submitted with the zoning application. (10) All towers shall be of a tapering monopole construction,except that another type tower shall only be allowed upon a showing that it would cause less visual impact on surrounding property than a similar monopole structure. Page 132 ARTICLE 5—USE REGULATIONS Adopted 11/2001, Amended 09/2003,01/2005,10/2005 reZoning Ordinance (11) No lettering, symbols, images, or trademarks large enough to be legible to occupants of vehicular traffic on any adjacent roadway shall be placed on or affixed to any part of a telecommunications tower,antenna,array or antenna, other than as required by FCC regulations regarding tower registration or other applicable law. (12) Telecommunications towers shall be constructed to minimize potential safety hazards. Telecommunications towers shall be constructed so as to meet or exceed the most recent EIA-222 standards and prior to issuance of a building permit the Building Official shall be provided with an engineer's certification that the tower's design meets or exceeds those standards. Guyed towers shall be located in such a manner that if the structure should fall along its longest dimension, it will remain within property boundaries and avoid habitable structures,public streets,utility lines and other telecommunications towers. (13) Telecommunications towers and equipment buildings shall be located to minimize their number,height and obtrusiveness,to minimize visual impacts on the surrounding area, and in accordance with the following policies: (a) The height of towers and monopoles shall have the least visual impact and be no greater than required to achieve service area requirements and potential coloration,when visually appropriate. (b) The selected site for a new monopole and tower provides the least visual impact on residential areas and the public rights-of-way.Analyze the potential impacts from other vantage points in the area to illustrate that the selected site provides the best opportunity to minimise the visual impact of the proposed facility. (c) Site telecommunication facilities to minimize being visually solitary or prominent when viewed from residential areas and the public rights-of-way. The facility should be screened by vegetation,tree cover,topographic features,and buildings or other structures to the maximum extent feasible. (d) Place telecommunication facilities to ensure that historically significant landscapes are protected.The views of and vistas from architecturally and/or historically significant structures should not be impaired or diminished by the placement of telecommunication facilities. (e) A variance may be granted to these policies for a telecommunications tower when it is determined that such a variance better accomplishes the polices set out in this subsection than would a strict application of the requirement. Such variance shall be no greater than necessary to accomplish those policies. (14) No signals or lights or illumination shall be permitted on a monopole unless required by the Federal Communications Commission,the Federal Aviation Administration, or the City. (15) If any additions, changes, or modifications are made to the monopole,the changes shall comply with all of the above requirements for new towers and shall demonstrate,through the submission of engineering and structural data,that the addition,change, or modification conforms to structural wind load and all other requirements of the current Building Code. Adopted 11/2001, ARTICLE 5—USE REGULATIONS Page 133 Amended 09/2003,01/2005, 10/2005 Zoning Ordinance (16) Telecommunication towers which have not been used for a period of one year shall be removed from a site. The last telecommunication service provider to use a tower shall notify the Director within 30 days that use of a tower has been discontinued. 15. Telephone Exchange without Shops or Offices a. Definition: Telephone exchange without shops or offices means a facility for the switching and routing of telephone transmissions. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 1,000 square feet of floor area. d. Required Loading:None e. Additional Provisions:None 16. Transit Passenger Shelter a. Definition: Transit passenger shelter means a structure which affords protection from the weather to persons who are waiting to board a publicly owned or franchised transit vehicle. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking:None d. Required Loading:None e. Additional Provisions:None 17. Utility or Government Installation other than listed a. Definition: Utility or government installation other than listed means (1) A "utility other than listed" is a public or private facility franchised or operated by a Governmental unit as a utility, and which is not specifically covered by the use regulations in this chapter. (2) A"government installation other than listed" is an installation owned or leased by a government or quasi public agency and which is not specifically covered by the use regulations in this chapter. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: As determined at the time of site plan review based on the standard for the use that is most equivalent to the proposed use in terms of function and operation. d. Required Loading:As determined at the time of site plan review based on the standard for the use that is most equivalent to the proposed use in terms of function and operation. e. Additional Provisions:None 18. Water Treatment Plant, Reservoir or Water Storage a. Definition:Water treatment plant, reservoir and water storage tanks means a facility which is part of a water system, and is used for the purifying, supplying,and distributing of drinking water, or the storage of treated or untreated water. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: The need for and number of off-street parking spaces for this use shall be determined at site plan review,based on: (1) the operating characteristics of the use; (2) the anticipated number of employees; and Page 134 ARTICLE 5—USE REGULATIONS Adopted 11/2001, Amended 09/2003,01/2005,10/2005 Zoning Ordinance (3) experience with other similar uses. d. Required Loading:None e. Additional Provisions:None Adopted 11/2001, ARTICLE 5—USE REGULATIONS Page 135 Amended 09/2003,❑1/2005, 10/2005 Zoning Ordinance H. Industrial& Manufacturing Uses 1. Asphalt or Concrete Batch Plant a. Definition: Asphalt or Concrete Batch Plant means a permanent facility or area for the mixing of concrete or asphalt. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 500 square feet of floor area. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001 —50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions: None 2. Industrial,Inside a. Definition: Industrial, inside means an industrial facility where all processing, fabricating, assembly, or disassembly takes place wholly within an enclosed building. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking:. One space for every 500 square feet of floor area. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0--50,000 1 50,001 —100,000 2 Each additional 100,000 or 1 additional fraction thereof e. Additional Provisions: All permitted districts: Hazardous or high risk uses require a Special Use Permit, 3. Industrial, Outside a. Definition: Industrial, outside means an industrial facility where any portion of the processing, fabricating, assembly, or disassembly takes place outside or in an open structure. For purposes of this provision, open structure means any structure or building which has omitted walls. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 1,000 square feet of site area. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—50,000 1 50,001—100,000 2 Each additional 100,000 or 1 additional fraction thereof Page 136 ARTICLE 5--USE REGULATIONS Adopted 11/2001,Amended 09/2003,0112005,10/2005 reZoning Ordinance e. Additional Provisions: All permitted districts: Hazardous or high risk uses require a Special Use Permit. 4. Light Assembly&Fabrication a. Definition: Light Assembly and Fabrication means a use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly,packaging, incidental storage, sales and distribution of products,but excluding basic industrial processing. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 500 square feet of floor area. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—50,000 1 50,001--100,000 2 Each additional 100,000 or 1 additional fraction thereof e. Additional Provisions: None 5. Mining a. Definition: Mining means the extraction, removal, or stockpiling of earth materials, including soil, sand, gravel, or other materials found in the earth. The excavation of earth materials for ponds or lakes, including excavations for fish farming ponds and recreational lakes are considered mining unless otherwise expressly authorized by another provision of this ordinance. The following are not considered mining: (1) Excavation,removal, or stockpiling of earth materials incidental to construction approved by a final plat,building permit,or for governmental or utility construction projects. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Parking shall be determined during the Special Use Permit review, based on: (1) the operating characteristics of the use (2) the anticipated number of employees; and (3) experience with other similar uses. d. Required Loading:None e. Additional Provisions: (1) A master plan and site plan, operation plans, and a restoration plan shall be provided with the Special Use Permit application. (2) A Special Use Permit shall not be granted unless required state review and approval has been obtained. Adopted 11/2001, ARTICLE 5—USE REGULATIONS Page 137 Amended 09/2003,01/2005, 10/2005 reZoning Ordinance 6. Printing&Publishing a. Definition: Printing and Publishing means a facility for the commercial reproduction, cutting, printing, or binding of written materials,drawings, or other graphic materials on a bulk basis using lithography, off-set printing, blueprinting, or similar methods. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 1,000 square feet of floor area. d. Required Loading: One space for every 500 square feet of floor area. e. Additional Provisions: DTH: Size limited to 4,000 square feet of floor area. 7. Salvage or Reclamation of Products,Inside a. Definition: Salvage or reclamation of products, inside,means a facility which stores,keeps, dismantles, or salvages scrap or discarded materials or equipment inside an enclosed building. Scrap or discarded materials include but are not limited to metal,paper, rags,tires,bottles, or inoperable or wrecked motor vehicles,motor vehicle parts,machinery, and appliances. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 1,000 square feet of floor area. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0--50,000 1 50,001—100,000 2 Each additional 100,000 or I additional fraction thereof e. Additional Provisions:None 8. Salvage or Reclamation of Products, Outside a. Definition: Salvage or reclamation of products, outside means a facility which stores,keeps, dismantles,or salvages scrap or discarded materials or equipment outside of any structures. Scrap or discarded materials include but are not limited to metal,paper, rags,tires,bottles, or inoperable or wrecked motor vehicles,motor vehicle parts, machinery, and appliances. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for each two employees or one space for every 500 square feet of floor area,whichever is greater. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—50,000 1 50,001 —100,000 2 Each additional 100,000 or 1 additional fraction thereof Page 138 ARTICLE 5—USE REGULATIONS Adopted 11/2001, Amended 09/2003,01/2005,10/2005 rilt Zoning Ordinance e. Additional Provisions: (1) All outside storage, salvage and/or junk shall be screened from view of public streets bya 10-foot screening oot high solid device that complies with the following requirements: (a) The screening device shall be setback a minimum of 20 feet from all streets; (b) A11 screening devices shall form an opaque,solid barrier,without gaps or openings,except as provided in(d)below; (c) All screening devices shall be constructed of masonry or concrete as specified in Section 7.1.i; (d) Only openings in screening devices which are necessary for reasonable access to the salvage yard shall be permitted,but shall be equipped with a solid gate or door constructed and maintained in accordance with the requirements for screening devices set forth in this section.All openings so permitted shall be closed and securely locked at all times,except for needed access and for fire and emergency vehicles; (e) All screening devices shall extend downward to ground level,and shall also test plumb and square at all times; (1) Any painting,staling,coating,covering or other coloring of any screening devices shall be of a uniform color; (g) The screening device shall not be used for bill postings or for other advertising purposes, except a space not larger than 50 square feet which may be used for the advertisement of the business of the owner. (h) All screening devices shall be maintained,repaired and/or replaced to ensure compliance with the requirements in this section at all times;and (i) No junk or salvage of any character,or parts,or machinery of any kind shall be allowed to remain outside. (2) Screening shall not be permitted in the floodway. If the location of the required screening is in the floodway or floodplain, screening should be placed elsewhere on the property to achieve the desired screening. I. Wholesale, Distribution & Storage Uses 1. Auto Auction a. Definition: Auto auction means a facility for the auction of automobiles, vans, and light trucks used as personal vehicles. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 3,000 square feet of sales lot area devoted to the sale or display of vehicles. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0 50,000 1 50,001 —100,000 2 Each additional 100,000 or 1 additional fraction thereof Adopted 11/2001, ARTICLE 5—USE REGULATIONS Page 139 Amended 09/2003,01/2005, 10/2005 Zoning Ordinance e. Additional Provisions: None 2. Contractor's Maintenance Yard a. Definition: Contractor's maintenance yard means a facility for the storage and maintenance of contractor's supplies and operational equipment. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 1,000 square feet of gross floor area. d. Required Loading: Square Feet of Floor Area Repuired Loading Spaces 0--50,000 1 50,001—100,000 2 Each additional 100,000 or 1 additional fraction thereof e. Additional Provisions: CC District:All outside storage areas shall be entirely screened from view of streets and adjacent residential property with a masonry wall. 3. Freight Terminal a. Definition: Freight terminal means a facility for the transfer and storage of freight. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 1,000 square feet of gross floor area. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—50,000 1 50,001—100,000 2 Each additional 100,000 or 1 additional fraction thereof e. Additional Provisions:None 4. Landfill a. Definition: Landfill means an area where a type of operation in which refuse and earth or other suitable cover material are deposited in alternate layers of specified depth in accordance with a definite plan on a specified portion of open land,with each layer being compacted by force applied by mechanical equipment. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every employee. d. Required Loading: None e. Additional.Provisions:None Page 140 ARTICLE 5 USE REGULATIONS Adopted 11/2001,Amended 09/2003,01/2005,1O/2005 reZoning Ordinance 5. Livestock Auction Pens or Sheds a. Definition: Livestock auction pens or sheds means a facility for the auction of livestock. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 4 seats,plus one space for every 600 square feet of sales or display area. d. Required Loading: Square Feet of Floor Area _ Required Loading Spaces 0—50,000 1 50,001 —100,000 2 Each additional 100,000 or 1 additional fraction thereof e. Additional Provisions: If 20,000 square feet or more of gross floor area, one space is required for each 3,000 square feet of gross floor area. 6. Mini-warehouse, Self-storage a. Definition: Mini-warehouse, self storage means a building or group of buildings containing one or more individual compartmentalized storage units for the inside storage of customers' goods or wares, where no unit exceeds 500 square feet in floor area. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 300 square feet of office area; one space for every residential caretaker's unit; plus two spaces for every 20,000 square feet of storage area. d. Required Loading:None e. Additional Provisions:None 7. Office Showroom/Warehouse a. Definition: Office showroom/warehouse means a facility that has the combined uses of office and showroom or warehouse for the primary purpose of wholesale trade,display, and distribution of products. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 500 square feet of gross floor area or one space for every two employees. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—50,000 1 50,001 ---100,000 2 Each additional 100,000 or 1 additional fraction thereof e. Additional Provisions I District: Retail uses limited to 10 percent of the gross floor area. Adopted 11/2001, ARTICLE 5—USE REGULATIONS Page 141 Amended 09/2003,01/2005, 10/2005 Zoning Ordinance 8. Outside Storage a. Definition: Outside storage means a lot used for the outside storage of an item for a period in excess of 24 hours. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 2,000 square feet of the site. A minimum of one space is required. d. Required Loading: Square Feet of Floor Area Required Loading_Spaces 0—50,000 1 50,001 —100,000 2 Each additional 100,000 or 1 additional fraction thereof e. Additional Provisions:None 9. Recycling Collection Center a. Defmition: Recycling collection center means a facility for the collection and temporary storage of empty beverage containers, aluminum,glass, paper,plastics, and clothing for recycling purposes. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 2,000 square feet of the site. A minimum of one space is required. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0--50,000 1 50,001—100,000 2 Each additional 100,000 or 1 additional fraction thereof e. Additional Provisions:None 10. Warehouse/Distribution Center a. Defmition:Warehouse means a facility primarily for the inside storage of items and is 25,000 square feet or smaller. Distribution Center means a warehouse facility which is primarily for distribution by rail or truck, and which is 25,000 square feet or larger. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 1,000 square feet of gross floor area. Page 142 ARTICLE 5—USE REGULATIONS Adopted 11/2001,Amended 09/2003,01/2005,10/2005 rill Zoning Ordinance d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—50,000 1 50,001---100,000 2 Each additional 100,000 or 1 additional fraction thereof e. Additional Provisions:None J. Accessory Uses 1. Accessory Agricultural Buildings a. Definition: Accessory agricultural buildings means buildings used for agricultural purposes, including farming, dairying, horticulture,floriculture, animal and poultry husbandry. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking:None, other than required for the primary structure. d. Required Loading: None, other than required for the primary structure. e. Additional Provisions: AG District: (1) Accessory agricultural buildings used for raising animals shall only be permitted on sites of 5 acres or more. (2) The area used for the production of animals shall be set back from the front, side and rear property line a minimum of 100 feet. (3) The area used for the production of large animals, including but not limited to pigs, cows, sheep,goats, and horses, shall be located at least one-half of a mile away from any residential zoning district, one-quarter of a mile from any commercial zoning district. 2. Accessory Community Center, Private a. Definition: Accessory community center,private means an integral part of a residential project that is under the management and unified control of the operators of the project or development, and that is used by the residents of the project or development for a place of meeting, recreation,or social activity. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: (1) None required,unless the use: (a) is located on a separate lot from the main use; (b) is located a distance greater than 500 feet from at least 20 percent of the dwelling units served by the facility;and (c) required off-street parking to reduce impacts on adjacent property and public streets. (2) In the event off-street parking is required,the number of off-street parking spaces required shall be determined by the Commission based on: (a) industry standar&for the use or similar uses; (b) experience with the use or similar uses;or Adopted 11/2001, ARTICLE 5—USE REGULATIONS Page 143 Amended 09/2003,01/2005, 10/2005 reZoning Ordinance (c) the proposed operating characteristics of the use. d. Required Loading:None e. Additional Provisions: All permitted districts: (1) A private community center shall not be operated as a place of public meeting or as a business. (2) This accessory use is not required to be located on the same lot as the main use. 3. Accessory Game Court,Private a. Definition: Accessory game court,private means a game court for engaging in tennis, handball, racquetball, or similar physical activities for the use of residents and their guests of a residential main use. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: (1) None required, unless the use: (a) is located on a separate lot from the main use; (b) is located a distance greater than 500 feet from at least 20 percent of the dwelling units served by the facility;and (c) requires off-street parking to reduce impacts on adjacent property and public streets. (2) In the event off-street parking is required,the number of off-street parking spaces required shall be determined by the Commission based on: (a) industry standards for the use or similar uses; (b) experience with the use or similar uses;or (c) the proposed operating characterisfics of the use. d. Required Loading:None e. Additional Provisions: All permitted districts: (1) This accessory use may occupy up to 50 percent of the area of the lot containing the main use. (2) This accessory use is not required to be located on the same lot as the main use. 4. Accessory Outside Display of Merchandise a. Definition: Accessory outside display of merchandise means the outside placement of merchandise for sale for a continuous period less than 48 hours. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking:None d. Required Loading: None e. Additional Provisions: All permitted districts: Outside display shall meet the following standards: (1) Outside displays are permitted only in areas designated on the site plan filed with the City. Page 144 ARTICLE 5—USE REGULATIONS Adopted 11/2001,Amended 09/2003,01/2005,10/2005 reZoning Ordinance (2) Outdoor display areas may not exceed five percent of the adjacent building floor area. (Building area is defined as the entirely enclosed portion of the primary building.) (3) Outdoor display may occupy up to thirty percent of a covered sidewalk that is located within twenty feet of the building. Such display shall not impede pedestrian use of the sidewalk and at least a five foot passable distance shall be maintained. (4) Any outside display areas not located on a covered sidewalk must be screened from view of adjacent roadways, public areas and adjacent properties. Such screening must: (a) Be a minimum of eight feet high or one foot taller than the materials being displayed, which ever is greater. (b) Include a min;,,,,,n,of twenty percent solid screening matching the material of the primary building. (c) The remainder may be solid evergreen planting,wrought iron,or dark vinyl-coated chain link or similar materials. (5) Any outside display areas not located on a covered sidewalk must be located immediately adjacent to or connected to the primary structure. (6) No outdoor display may be located in any portion of a parking lot. 5. Accessory Outside Sales a. Definition:Accessory outside sales means a site for the outside sale of merchandise. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking:None for the first 1,000 square feet of sales area;one space for each additional 500 square feet of sales area. d. Required Loading:None e. Additional Provisions: Accessory outside sales shall meet the following standards: (1) Accessory outside sales are permitted only in areas designated on the site plan filed with the City. (2) Outdoor sales areas may not exceed five percent of the adjacent building floor area. (Building area is defined as the entirely enclosed portion of the primary building.) (3) Outdoor sales may occupy up to thirty percent of a covered sidewalk that is located within twenty feet of the building. Such display shall not impede pedestrian use of the sidewalk and at least a five foot passable distance shall be maintained. (4) Any outside sales areas not located on a covered sidewalk must be screened from view of adjacent roadways,public areas and adjacent properties. Such screening must: (a) Be a minimum of eight feet high or one foot taller than the materials being displayed, which ever is greater. (b) Include a minimum of twenty percent solid screening matching the material of the primary building. (c) The remainder may be solid evergreen planting,wrought iron,or dark vinyl-coated chain link or similar materials. (5) Any outside sales areas not located on a covered sidewalk must be located immediately adjacent to or connected to the primary structure. (6) No outdoor sales may be located in any portion of a parking lot. Adopted 11/2001, ARTIC7,E 5—USE REGULATIONS Page 145 Amended 09/2003,01/2005, 10/2005 Zoning Ordinance 6. Accessory Outside Storage a. Definition: Accessory outside storage means the outside placement of an item for a continuous period in excess of 48 hours. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: None, other than required for the primary structure. d. Required Loading: None, other than required for the primary structure. e. Additional Provisions: All permitted districts: (1) Outside storage shall not be permitted within required setbacks or buffer yards. (2) Accessory outside storage is not permitted on an unenclosed front porch of a residential building. (3) Except as otherwise provided in this ordinance, outside storage shall be limited to no more than five percent of the lot area containing the main use. (4) Outside storage areas not screened by an intervening building shall be screened from view from any public street by a screening device at least eight feet in height. In addition, outside storage areas shall be screened from view of any adjoining property by a screening device at least eight feet in height, except along adjacent property lines in the same zoning district. 7. Amateur Communication Tower a. Definition: Amateur communications tower means a tower with an antenna that transmits amateur radio, citizens band, or both spectrums, and that receives any portion of a radio spectrum. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking:None, other than required for the primary structure. d. Required Loading: None, other than required for the primary structure. e. Additional Provisions: All permitted districts: (1) Only one amateur communication tower per site permitted.No more than 2 antennae may be mounted on an amateur communications tower. The antennae volume may not exceed 900 cubic feet for a single antenna and 1,400 cubic feet for 2 antennae. In this provision, antenna volume is the space within an imaginary rectangular prism that contains all extremities of the antenna. (2) No portion of the amateur communications tower or its antennae may encroach into the required front, side or rear yard, except the area under a guy wire and anchor point may project a maximum of 3 feet into the required side or rear yard if the guy wire and anchor point is attached to the top of a structural support that is not less than 6 feet in height. In this provision, a structural support for an anchor point is any pole,post, strut, or other fixture or framework necessary to hold and secure an anchor point. (3) The tower may not exceed 75 feet in height. (4) The tower shall be set back an additional 12 inches from the required front, side and rear yards for each additional 12 inches of height above the maximum height permitted in the district. Page 146 ARTICLE 5—USE REGULATIONS Adopted 11/2001,Amended 09/2003,01/2005,10/2005 plit Zoning Ordinance 8. Caretakers Quarters, Domestic or Security Unit a. Definition: Caretakers Quarters, Domestic or Security Unit means an independent, self- contained dwelling unit located on the same lot as the principal use or structure and which provides residential accommodations for a property manager or security personnel. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Two spaces. d. Required Loading: None e. Additional Provisions:NA 9. Home Occupation a. Definition: Home occupation means an occupation that is incidental to the primary use of the premises as a residence and conducted on the residential premises by a resident of the premises. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: None, other than required for the primary structure. d. Required Loading: None e. Additional Provisions: All permitted districts: (1) On-premise advertisements, signs or displays are prohibited. (2) The appearance of the structure shall not be altered, nor shall the occupation within the dwellings be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, or by signs, or the emission of sounds,noises, dust, odors, fumes, smoke, or vibrations. (3) All employees shall be members of the resident family and shall reside on the premises. (4) There shall be no sale of merchandise which requires customers to go to the property. (5) Pedestrian and vehicular traffic will be limited to that normally associated with residential districts. (6) There shall be no outdoor storage of materials or equipment;no storage of toxic or hazardous materials, including ammunition and gunpowder,nor shall merchandise be visible from outside the dwelling. (7) The use of utilities and community facilities shall be limited to that normally associated with the use of the property for residential purposes. (8) There shall be no use or storage of mechanical equipment not recognized as being part of normal household or hobby use. 10. Private Stable a. Definition: Private stable means an area for the keeping of horses for the private use of the property owner. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking:None, other than required for the primary structure. Adopted 11/2001, ARTICLE 5—USE REGULATIONS Page 147 Amended 09/2003,01/2005, 10/2005 rit Zoning Ordinance d. Required Loading:None e. Additional Provisions: All permitted districts: (1) A private stable shall only be on a lot at least 2 acres in area. (2) One horse is permitted for every acre of land. (3) Private stables shall include a pen or corral containing at least 800 square feet for each animal with a stable under a roof containing at least 100 square feet for each animal. (4) A private stable shall have property drainage and other facilities so as not to create offensive odors, insect or rodent breeding,or other nuisances. (5) A pen,corral, fences, or similar enclosures shall have a minimum front setback of 50 feet and a minimum side and rear setback of 30 feet from the property line. In addition,they may not be located any closer than 100 feet to the dwelling on premises. 11. Swimming Pool,Private a. Definition: Swimming pool,private, means a swimming pool constructed for the exclusive use of residents of a residential use. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking:None d. Required Loading:None e. Additional Provisions: All permitted districts: (1) Private swimming pools may not be operated as a business, except private swimming lessons may be given as a home occupation use. (2) Private swimming pools shall be surrounded by a fence constructed so as to prevent access by unauthorized people. (3) Private swimming pools shall not be located in the required front yard. K. Temporary Uses 1. Christmas Tree Sales a. Definition: A Christmas tree sale means a temporary facility for the sale of Christmas trees and related seasonal decorations. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 500 square feet of the site, exclusive of parking. Off- street parking requirements for this use may be satisfied by using existing parking spaces for other uses located within 500 feet of the Christmas tree lot, or by providing temporary parking spaces that do not strictly comply with the City's off-street parking construction requirements. The operator of this use shall demonstrate to the satisfaction of the Building Official that temporary off-street parking space: (1) adequately accommodate the parking needs of the use; and (2) will not adversely affect surrounding uses. d. Required Loading: None Page 148 ARTICLE 5—USE REGULATIONS Adopted t 1/2001,Amended 09/2003,01/2005,10/2005 101, Zoning Ordinance e. Additional Provisions: (1) A temporary perrnit may be issued for a period of 60 days for this use. The Building Official may grant one 30 day extension of the temporary use permit if the use has fully complied with all applicable City ordinances and conditions of the temporary use permit. (1) Upon completion o the temporary use,the site shall be cleaned, all evidence of its use removed. 2. Occasional Sale or Garage Sale a. Definition: Occasional sale or garage sale means the temporary and occasional sale of tangible personal property at retail by a person who is not in the business of selling tangible personal property for retail purposes. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: None d. Required Loading:None e. Additional Provisions: All permitted districts: (1) The sale of tangible personal property may only be sold by the owner or lessee of the premises where the sale is conducted. (2) The owner or lessee shall be responsible for the tangible personal property at the time of the sale. (3) A person shall not sell merchandise acquired solely for the purpose of resale at an occasional sale. (4) A person shall not conduct an occasional sale for duration of more than 3 consecutive calendar days. (5) A person shall not conduct more than 4 occasional sales on a premise during any 12 month period. (6) A person shall not place more than one sign, not to exceed 2 square feet, upon the lot where the sale is taking place. Any other signs remote from the property on which the sale is taking place shall be located in compliance with the Sign Ordinance,as amended. 3. Seasonal Sales Stand a. Definition: Seasonal sales stand means a facility for the sale of agricultural products that are seasonal in nature. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 400 square feet of building area. Off-street parking requirements for this use may be satisfied by using existing parking spaces for other uses located within 500 feet of the Christmas tree lot, or by providing temporary parking spaces that do not strictly comply with the City's off-street parking construction requirements. The operator of this use shall demonstrate to the satisfaction of the Building Official that temporary off-street parking space: (1) adequately accommodate the parking needs of the use; and (2) will not adversely affect surrounding uses. Adopted 11/2001, ARTICLE 5---USE REGULATIONS Page 149 Amended 09/2003,01/2005, 10/2005 pig Zoning Ordinance d. Required Loading: None e. Additional Provisions: (1) No product may be placed for sale or display and no structures used for a temporary seasonal sales stand closer than 50 feet to the public right-of-way. (2) No temporary seasonal sales stand may have more than 3,500 square feet of floor area. (3) Upon completion of the temporary use,the site shall be cleaned, all evidence of its use removed. 4. Temporary Concrete or Asphalt Batch Plant a. Definition: Temporary concrete or Asphalt Batch Plant means a temporary facility or area for the mixing of concrete or asphalt. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Parking for this use may be satisfied by providing temporary off-street parking spaces that do not strictly comply with the City's off-street parking construction requirements. The operator of this use shall demonstrate to the satisfaction of the Building Official that temporary off-street parking space: (1) adequately accommodate the parking needs of the use; and (2) will not adversely affect surrounding uses. d. Required Loading:None e. Additional Provisions: All permitted districts: (1) Concrete and asphalt mixed on site shall only be furnished to the specific project for which the temporary use permit was issued. (2) The Commission shall review requests for renewal of the permit if the specific project requires an extension of time. (3) The temporary batch plant shall be located and operated in such a manner to eliminate unnecessary dust,noise and odor. (4) On-site fencing, screening, or buffering shall be provided so that adjacent properties are protected from hazards and negative impacts. (5) Any public improvement that is damaged during the operation of the temporary batch plant shall be repaired or replaced. (6) All equipment,materials, and debris shall be cleared off the site and the site shall be completely cleaned upon completion of the project. 5. Temporary Construction Yard, or Construction or Sales Office a. Definition: Temporary construction yard, or construction or sales office means an area for the temporary storage of building materials and equipment necessary for the construction of a permanent use, and/or, a facility temporarily used as a construction or sales office. b. Permitted Districts: See Land Use Charts in Section 5.1. Page 150 ARTICLE 5—USE REGULATIONS Adopted 11/2001, Amended 09/2003,01/2005,10/2005 ?VS Zoning Ordinance c. Required Parking: Parking for this use may be satisfied by providing temporary off-street parking spaces that do not strictly comply with the City's off-street parking construction requirements. The operator of this use shall demonstrate to the satisfaction of the Building Official that temporary off-street parking space: (1) adequately accommodate the parking needs of the use; and (2) will not adversely affect surrounding uses. d. Required Loading: None e. Additional Provisions: All required districts: (1) Limited to on-premise construction purposes associated with the properties within the same platted subdivision. (2) This use shall be discontinued after subdivision construction is 90 percent complete. 6. Temporary Crops a. Definition: Temporary crops mean an area used for the growing crops on a temporary basis while land is waiting for future development. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking:None d. Required Loading:None e. Additional Provisions: All permitted districts: (I) This use shall not be operated on an area less than 2 acres. (2) Structures may be erected for barn, or shed for the protection of machinery on the premises. (3) A temporary use permit for crops is valid for a period of 3 years. The Commission may grant up to 2, one-year extensions, if conditions at the time of initial approval have not changed. (4) Upon completion of the temporary use,the site shall be cleaned, all evidence of its use removed. 7. Temporary Grazing a. Definition: Temporary grazing means an area used for the grazing of animals on a temporary basis while land is waiting for future development. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: None d. Required Loading: None e. Additional Provisions: All permitted districts: (1) This use shall not be operated on an area less than 5 acres. (2) An application for a temporary use permit shall specify the number and type of animal that will be grazing.No temporary use permit shall be granted where the number and type Adopted 11/2001, ARTICLE 5 USE REGULATIONS Page 151 Amended 09/2003,01/2005, 10/2005 Zoning Ordinance of animals to be grazed is likely to result in overgrazing and/or significant environmental degradation of the site. (3) Structures may be erected for a stable,pen,barn, or shed for the protection of the animals on the premises. (4) Standings under roofed stables shall be made of a material that provides for proper drainage so as not to create offensive odors, insect or rodent breeding, or other nuisances. (5) A temporary use permit for grazing is valid for a period of 3 years. The Commission may grant up to 2, one-year extensions, if conditions at the time of initial approval have not changed. (6) Upon completion of the temporary use,the site shall be cleaned, all evidence of its use removed. 8. Temporary Living Quarters a. Definition: Temporary living quarters means temporary facilities in the form of a manufactured home, used as living quarters during the construction of a residence upon a property not less than 1/2 acre in area. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Two spaces. d. Required Loading: None e. Additional Provisions: All permitted districts: A temporary use permit shall be valid for a 6 month period. An additional 6 months may be granted by the Building Official,provided the exterior walls and roof of the residence are completed. 9. Traveling Show,Carnival or Circus a. Definition: Traveling show, carnival or circus means a temporary traveling show or exhibition that has no permanent structure or installation. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 500 square feet of the site, exclusive of parking. d. Required Loading: None e. Additional Provisions:None SECTION 5.3 ACCESSORY USES AND STRUCTURES An accessory use or structure that is customarily incidental to the principal use or structure, and is located on the same lot or tract of land, shall be permitted as an accessory use without being separately listed as a permitted use,unless otherwise stated in these regulations. Accessory uses are subject to the same regulations as the principal use. Accessory buildings shall comply with the area requirements in Article 3 — Residential District Regulations. Page 152 ARTICLES—USE REGULATIONS Adopted 11/2001,Amended 09/2003,0 1/2005,10/2005 Zoning Ordinance SECTION 5.4 SPECIAL USE PERMITS A. Purpose The Special Use Permit provides a means for developing certain uses in a manner in which the proposed use will be compatible with adjacent property and consistent with the character of the neighborhood. Special use permits are required where site specific impacts may exist that require additional review to ensure compatibility between uses. B. Special Use Permit Required The Use Regulations in Section 5.1 Land Use Charts state when a Special Use Permit is required for a use to be permitted in a zoning district. The Special Use Permit requirement for a use in a district does not constitute an authorization or an assurance that the use will be permitted. Each Special Use Permit shall be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate. C. Application An application for a Special Use Permit shall be submitted to the Planning Department and shall include the following: 1. A written description of the proposed use. 2. A plan showing the location of the proposed use on the site. 3. Any additional information required by the Director, D. Review by the Commission and the Council The Commission shall hold a public hearing and make a recommendation to the Council. The Council shall hold a public hearing and approve,approve with conditions,or deny the Special Use Permit based on the review criteria in"E", below. E. Review Criteria In granting a Special Use Permit,the Commission and the Council shall determine that the proposed use: 1. Complements or is compatible with the surrounding uses and community facilities; 2. Contributes to, enhances,or promotes the welfare of the area of request and adjacent properties; 3. Is not detrimental to the public health, safety, or general welfare; 4. Conforms in all other respects to all applicable zoning regulations and standards;and 5. Is in conformance with the Comprehensive Plan. F. Additional Conditions The Commission and Council may impose reasonable conditions upon the granting of a Special Use Permit consistent with the Comprehensive Plan,other state development goals and objectives of the City, and the requirements of other City regulations. Such conditions may include,but are not limited to the location,arrangement, operation, duration,and type and manner of construction of any use for which a Special Use Permit is requested. Adopted 11/2001, ARTICLE 5—USE REGULATIONS Page 153 Amended 09/2003,0112005, 10/2005 reZoning Ordinance G. Effect of Special Use Permit. 1. The granting of a Special Use Permit has no effect on the uses permitted by right and does not waive the regulations of the underlying zoning district. 2. A Special Use Permit runs with the land,a new owner is not required to reapply for a Special Use Permit unless a time limit that has been established runs out. H. Zoning Map When the Council authorizes granting of a Special Use Permit,the zoning map shall be amended according to its legend to indicate that the affected area has conditional and limited uses. The amendment is to indicate the appropriate zoning district for the approved use and shall be suffixed by an"S"designation. SECTION 5.5 TEMPORARY USES A. Purpose Temporary uses operating for less than 90 days within a one-year time period shall obtain a Temporary Use Per iit from the Building Official. Temporary Use Permits outline conditions of operations to protect the public health, safety, and welfare. B. Temporary Use Defined Temporary uses shall include short-term or seasonal uses that would not be appropriate on a permanent basis. Temporary uses are identified in Section 5.1 Land Use Charts and 5.2 Listed Uses. In addition, the following uses and activities shall be considered temporary uses: 1. Fundraising Activities by Not-for-Profit Agencies. Fundraising or noncommercial events for nonprofit educational, community service or religious organizations where the public is invited to participate in the activities and which last longer than 48 hours. 2. Special and Seasonal Sales Events. Significant commercial activities lasting not longer than 90 days intended to sell, lease,rent or promote specific merchandise, services or product lines, including but not limited to warehouse sales,tent sales,trade shows, flea markets, farmer's markets, Christmas tree lot sales, product demonstrations or parking lot sales of food, art work or other goods. 3. Entertainment or Amusement Events. Short-term cultural and entertainment events including public or private events lasting not longer than 90 days intended primarily for entertainment or amusement, such as concerts, plays or other theatrical productions, circuses, fairs, carnivals or festivals. C. Application An application for a Temporary Use Permit shall be submitted to the Building Official at least 10 working days before the requested start date for a temporary use and shall include the following: 1. A written description of the proposed use or event,the duration of the use or event,the hours of operation, anticipated attendance, and any building or structures, signs or attention-attracting devices used in conjunction with the event 2. A written description of how the temporary use complies with the review criteria in E, below. Page 154 ARTICLES—USE REGULATIONS Adopted 11/2001, Amended 09/2003,01/2005,10/2005 rig Zoning Ordinance 3. A plan showing the location of proposed structures, including onsite restrooms and trash receptacles, parking areas,activities, signs and attention attracting devices in relation to existing buildings,parking areas, streets and property lines. 4. A letter from the property owner agreeing to the temporary use. 5. Any additional information required by the Director. D. Review and Action by the Director The Building Official shall make a determination whether to approve, approve with conditions, or deny the permit within 5 working days after the date of application. Any applicant denied a permit by the Building Official shall be notified in writing of the reasons for the denial and of the opportunity to appeal to the Commission. E. Review Criteria Temporary uses shall comply with the following requirements: 1. Land Use Compatibility. The temporary use must be compatible with the purpose and intent of this ordinance. The temporary use shall not impair the normal, safe and effective operation of a permanent use on the same site. The temporary use shall not endanger or be detrimental to the public health, safety or welfare,or injurious to property or improvements in the immediate vicinity of the temporary use, given the type of activity, its location on the site, and its relationship to parking and access points. 2. Compliance with Other Regulations. The temporary use shall conform in all respects to all other applicable City regulations and standards. 3. Restoration of Site. Upon cessation of the event or use,the site shall be returned to its previous condition, including the removal of all trash,debris, signage, attention attracting devices or other evidence of the special event or use. The applicant shall be responsible for ensuring the restoration of the site. 4. Hours of Operation and Duration. The hours of operation and duration of the temporary use shall be consistent with the intent of the event or use and compatible with the surrounding land uses and shall be established by the Building Official at the time of approval of the temporary use permit. 5. Traffic Circulation. The temporary use shall not cause undue traffic congestion given anticipated attendance and the capacity of adjacent streets, intersections and traffic controls. 6. Off-street Parking.Adequate off-street parking shall be provided for the temporary use, and it shall not create a parking shortage for any of the other existing uses on the sites). 7. Public Conveniences and Litter Control. Adequate onsite rest room facilities and litter control may be required. The applicant shall provide a written guarantee that all litter generated by the event or use shall be removed at no expense to the City. 8. Appearance and Nuisances.The temporary use shall be compatible in intensity, appearance and operation with surrounding land uses in the area, and it shall not impair the usefulness, enjoyment or value of adjacent property due to the generation of excessive noise, dust, smoke,glare, spillover lighting, or other forms of environmental or visual pollution. Adopted 11/2001, ARTICLE 5—USE REGULATIONS Page 155 Amended 09/2003,❑1/2005, 10/2005 Zoning Ordinance 9. Signs. The Building Official shall review all signage, although a sign permit is not required. The Building Official may approve the temporary use of attention attracting devices. F. Additional Conditions The Building Official may establish additional conditions to ensure land use compatibility and to minimize potential adverse impacts on nearby uses, including, but not limited to,time and frequency of operation,temporary arrangements for parking and traffic circulation, requirements for screening or buffering, and guarantees for site restoration and cleanup following the temporary use. G. Appeals A denial of a temporary use permit may be appealed to the Commission within 10 days of the Building Official's action. The appeal shall be made in writing to the Building Official. SECTION 5.6 CLASSIFICATION OF NEW AND UNLISTED USES A. Unlisted Uses The uses permitted in this Chapter are classified on the basis of common operational characteristics and land use compatibility. Uses not specifically listed in this Chapter are prohibited. However, additional new and unlisted uses may be permitted by the Director if the use is similar to other uses listed in the same zoning district. B. Appeals An applicant,aggrieved by the decision of the Director,may file an appeal of the decision to the Board. The appeal shall be filed in writing in the Department of Planning within 10 days of the Director's action. Unless otherwise stated in the Board action,the determination of the Board with respect to the appeal shall constitute a permanent and consistent interpretative decision which the Director shall apply in all future instances. C. Conditions When considering requests for a new land use,the Director and Board shall consider the potential effects of the use on adjacent properties in terms of requirements for services, visual impact,traffic generation,the extent to which the use is consistent with other uses allowed in the district,and other issues they deem appropriate. D. Authorization of New Uses If a new use is authorized by the Board, a text amendment shall be sent immediately to the Commission and the Council. Page 156 ARTICLE 5--USE REGULATIONS Adopted 11/2001,Amended 09/2003,01/2005,10/2005 ?VS Zoning Ordinance BLANK Adopted 11/2001, ARTICLE 5—USE REGULATIONS Page 157 Amended 09/2003,01/2005, 10/2005 CITY OF WYLIE item No. 3 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: January 24, 2006 Originating Department: Planning and Zoning Prepared By: Mindy Manson Account Code No. #: Date Prepared: January 12, 2006 Budgeted Amount: Exhibits: 1 AGENDA SUBJECT: Consider and act upon Ordinance No. 2006-05 amending Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance) by repealing Section 42.00 (Right-of-Way Abandonment Fee). RECOMMENDED ACTION: Staff recommends approval. SUMMARY: Within the Fee Schedule section of the City Code, Section 42.00 states: Under state law, cities are precluded from giving property away. Cities must, under V.T.C.A, Local Government Code § 272.001, obtain an appraisal to establish fair market value. The city is then not allowed to convey, sell or exchange that land and those interests for less than fair market value of the land or interest. This language is, in part, both inaccurate and in conflict with State law. Because the Local Government Code sets out the circumstances and procedures under which cities may dispose of property, it is unnecessary for the City to address it locally. As such, it is recommended that the ordinance be amended to repeal Section 42 Right- of-Way Abandonment Fee. APPROVED BY: Initial Date Department Director: MM \ 1/12/06 City Manager: \ 1 ORDINANCE NO. 2006-05 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 98-16 (CONSOLIDATED FEES AND CHARGES/FEE SCHEDULE ORDINANCE) BY REPEALING SECTION 42.00 (RIGHT-OF-WAY ABANDONMENT FEE); REPEALING ORDINANCE NO. 96-25; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City of Wylie, Texas ("City") finds it would be beneficial to be able to sell, exchange or convey City property using any method allowed by state law and the current ordinance is more restrictive than state law; and WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has determined that it is beneficial and in the best interests of the citizens of Wylie to repeal Section 42.00 (Right-of-way Abandonment Fee) of Ordinance No. 98-16 as set forth herein; and WHEREAS, the City Council has determined that it is beneficial and in the best interests of the citizens of Wylie to repeal Ordinance No. 96-25, which established a Right-of way Abandonment Fee as set forth herein NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance) Section 42.00 (Right-of-way Abandonment Fee). Wylie Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance), Section 42.00 (Right-of-way Abandonment Fee) is hereby amended to delete the text as follows: SECTION 42.00 [RESERVED FOR FUTURE USE] SECTION 3: Ordinance No. 96-25 Repealed. Wylie Ordinance No. 96-25 is repealed in its entirety. The effective date of the repeal discussed in this Section shall not occur until the effective date of this Ordinance at which time Ordinance No. 96-25 shall be repealed. SECTION 4: Savings/Repealing Clause. All provisions of Wylie Ordinance No. 98-16 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 Ordinance No.2006-05 Deleting Right-of-way Abandonment Fee from Fee Schedule Page 1 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: Effective Date. This Ordinance shall become effective from and after its adoption. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this the 24th day of January 2006. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The Wylie News—February 1, 2006 Ordinance No.2006-05 Deleting Right-of-way Abandonment Fee from Fee Schedule Page 2 CITY OF WYLIE Item No. 4 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: January 24, 2006 Originating Department: City Manager Prepared By: Mark B. Roath Account Code No. #: Date Prepared: January 19, 2006 Budgeted Amount: Exhibits: Eight AGENDA SUBJECT: Consider, and act upon, an Amended Solid Waste and Recycling Contract Between the City of Wylie and Allied Waste Systems, Inc. including a Rate Increase. RECOMMENDED ACTION: Approve. SUMMARY: The existing contract for solid waste and recycling was entered into on September 1, 2001 with Browning-Ferris, Inc., for a period of (5) years (see attached Contract). Subsequently, the City approved an extension of the current contract to August 31, 2008 (see attached Council Agenda Item and supporting documents). In 2004, representatives of Trinity Waste Systems contacted the City staff to solicit changes to the existing contract as well as a rate increase. (Note: The City had granted the last solid waste/recycling increase in September, 2001.) Thereafter, City Manager and City Attorney commenced negotiations with representatives of Trinity—that is, with the aim of improving service delivery for the remainder of the contract period and/or until August 31, 2008 (see separate handout showing the proposed changes to the existing contract). It should be noted that during the negotiations, the City sought to improve the current recycling service by moving from collection containers to separate recycling polycarts for each household, similar to the service currently offered in Plano. With the short period remaining on the existing contract, the contractor stated that they would not be able to depreciate the purchase of new polycarts without charging an additional $1.02 per household. As such, the proposed amended contract does not include a change in the current recycling service; however,the City Council has the option of including that expanded service in the amended contract. Mr. Reid Donaldson, Manager for Allied Waste Systems, will be available to answer questions about the proposed amended contract and new fee schedule as will, Ms. Julie Fort, City Attorneys Office, or myself. APPROVED BY: Initial Date Department Director: \ City Manager: MBR \ 01/19/06 1 AMENDED AND RESTATED SOLID WASTE & RECYCLING CONTRACT BETWEEN THE CITY OF WYLIE, TEXAS AND ALLIED WASTE SYSTEMS, INC. Effective February 1, 2006 DALLAS 1595100v1L:\Agenda Packets 2006\1-January 2006\January 24,2006\Item#4-Attachment-ARBJ-#440149-v3- Trinity_Allied_Contract.DOC TABLE OF CONTENTS Page 1.00 GRANT 1 2.00 DEFINITIONS 1 2.01. Bags 1 2.02. Bins 1 2.03. Bulky Waste 1 2.04. Bundle 2 2.05. City 2 2.06. Commercial and Industrial Refuse 2 2.07. Commercial and Industrial Unit 2 2.08. Commodity 2 2.09. Commodity Buyer 2 2.10. Construction Debris 2 2.11. Container 2 2.12. Contractor 2 2.13. Curbside 2 2.14. Dead Animals 2 2.15. Disposal Site 2 2.16. Garbage 3 2.17. Hazardous Waste 3 2.18. Holidays 3 2.19. Polycart Container 3 2.20. Producer or customer 3 2.21. Recyclable Commodities 3 i DALLAS 1595100v1 2.22. Recycling Container 3 2.23. Refuse 3 2.24. Residential Refuse 3 2.25. Residential Unit 3 2.26. Rubbish 4 2.27. Stable Matter 4 3.00 SCOPE OF WORK 4 4.00 COLLECTION OPERATION 4 4.01. Service Provided. 4 4.02. Location of Polycart Container Bins, Containers, Bags and Bundles for Collection. 5 5.00 COLLECTION OPERATION 5 5.01. Hours of Operation. 5 5.02. Routes of Collection. 6 5.03. Holidays 6 5.04. Complaints 6 5.05. Collection Equipment 7 5.06. Office 7 5.07. Non-Collection 7 5.08. Interruption of Service 8 5.09. Hauling 8 5.10. Disposal 8 5.11. Emergency Circumstances and Notifications 8 5.12. Point of Contact 8 5.13. Property Damage 8 5.14. Liquidated Damage 9 11 DALLAS 1595100v1 6.00 COMPLIANCE WITH THE LAW 9 7.00 EFFECTIVE DATE 9 8.00 NONDISCRIMINATION 9 9.00 INDEMNITY 9 10.00 INDEPENDENT CONTRACTOR 10 11.00 LICENSES AND TAXES 10 12.00 TERM 10 13.00 INSURANCE 10 14.00 BASIS AND METHOD OF PAYMENT 11 14.01. Collection and Disposal Rates. 11 14.02. Rate Adjustments 12 14.03. Contractor to Act as Collector 12 14.04. Delinquent and Closed Accounts. 13 14.05. Contractor Billings to City 13 14.06. New Accounts and Account Changes 13 15.00 OWNERSHIP 13 16.00 CONTRACTOR FEE 13 17.00 BOOKS AND RECORDS 14 18.00 TERMINATION FOR CAUSE 14 19.00 NOTICES 14 20.00 APPROVAL 15 21.00 AMENDMENT 15 22.00 FORCE MAJEURE 15 23.00 SEVERABILITY 15 24.00 ENTIRE CONTRACT 15 111 DALLAS 1595100v1 25.00 COUNTERPARTS 15 26.00 VENUE 16 27.00 ORDINANCES 16 28.00 AUTHORITY TO EXECUTE 16 29.00 ASSIGNMENT 16 30.00 SOVEREIGN IMMUNITY 16 31.00 MISCELLANEOUS DRAFTING PROVISIONS 16 32.00 NO THIRD PARTY BENEFICIARIES 16 EXHIBITS A, B AND C ATTACHED iv DALLAS 1595100v1 AMENDED AND RESTATED SOLID WASTE & RECYCLING CONTRACT THIS AMENDED AND RESTATED SOLID WASTE & RECYCLING CONTRACT (this "Contract'), made and entered into this day of January, 2006, by and between the City of Wylie, Texas, a Municipal Corporation of Collin County, Texas, (hereinafter called the "City") and Allied Waste Systems, Inc., a Delaware corporation, (hereinafter called "Contractor"). WITNESSETH: WHEREAS, Contractor formerly used the d/b/a Trinity Waste Services and Contractor is the successor to Browning-Ferris, Inc., which entered into a Solid Waste and Recycling Contract with the City dated effective September 1, 2000 (the "Original Contract"). WHEREAS, the parties hereto desire for Contractor to continue to provide Solid Waste and Recyclable Materials Collection within the City and to perform such work as may be incidental thereto in accordance with the terms of this Contract, which amends, restates, and extends the term of the Original Contract. NOW, THEREFORE, in consideration of the following mutual agreements and covenants, it is understood and agreed by and between the parties hereto as follows: 1.00 GRANT The City hereby grants to Contractor an exclusive contract to engage in the business of collecting from the Residential, Commercial and Industrial Units within the corporate limits of the City and disposing of Refuse and Recyclable Materials and, further, the City hereby grants to Contractor permission to use the public streets, alleys, easements and thoroughfares within the limits of the City for the purpose of collection and disposal of Refuse and Recyclable Material, subject to the limitations, terms and conditions hereinafter specified and contained in this Contract. 2.00 DEFINITIONS 2.01. Bags. Plastic sacks designed to store Refuse with sufficient wall strength to maintain physical integrity when lifted by the top. Total weight of a bag and its contents shall not exceed 40 lbs. 2.02. Bins. Metal receptacles designed to be lifted and emptied mechanically for use only at Commercial and Industrial Units. 2.03. Bulky Waste. Stoves, refrigerators, water tanks, washing machines, furniture, Construction Debris (generated from the Residential Unit only) and other waste materials other than Dead Animals, Hazardous Waste, or Stable Matter with weights or volumes greater than those allowed for the applicable Bins or Polycart Containers. Customer shall be responsible for the proper removal of refrigerants, Hazardous Wastes and other hazardous materials from Bulky Wastes and shall properly tag Bulky Wastes as being 1 DALLAS 1595100v1 free of refrigerants, Hazardous Wastes and other hazardous material prior to removal by Contractor. 2.04. Bundle. Tree, shrub and Brush trimmings or newspapers and magazines securely tied together forming an easily handled package not exceeding four feet in length, six inches in diameter, or fifty (50) lbs. in weight. 2.05. City. City of Wylie, Texas. 2.06. Commercial and Industrial Refuse. All Bulky Waste, Construction Debris, Garbage, Rubbish and Stable Matter generated by a Producer at a Commercial and Industrial Unit. 2.07. Commercial and Industrial Unit. All premises, locations or entities, public or private, requiring Refuse collection within the corporate limits of the City; but not a Residential Unit. 2.08. Commodity. Material that can be sold in a spot or future market for processing and use or reuse. 2.09. Commodity Buyer. A buyer or processor selected by Contractor pursuant to the Contract Documents, of Recyclable Materials delivered by Contractor. 2.10. Construction Debris. Waste building materials resulting from construction, remodeling, repair or demolition operations. 2.11. Container. A receptacle with a capacity of greater than 20 gallons but less than 35 gallons constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting, and having a tight fitting lid capable of preventing entrance into the container by vectors. The mouth of a container shall have a diameter greater than or equal to that of the base. The weight of a Container and its contents shall not exceed 60 lbs. 2.12. Contractor. Allied Waste Systems, Inc., a Delaware corporation. 2.13. Curbside. Portion of right-of-way adjacent to paved or traveled City roadways (including alleys). 2.14. Dead Animals. Animals or portions thereof equal to or greater than 10 pounds in weight, that have expired from any cause, except those slaughtered or killed for human use. 2.15. Disposal Site. A Refuse depository including but not limited to sanitary landfills, transfer stations, incinerators and waste processing/separation centers licensed, permitted or approved by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals to receive Refuse and/or Dead Animals for processing or final disposal. 2 DALLAS 1595100v1 2.16. Garbage. Any and all Dead Animals of less than 10 pounds in weight, except those slaughtered for human consumption; every accumulation of waste (animal, vegetable and/or other matter) that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other, animal or vegetable matter (including, but not by way of limitation, that used tin cans and other food containers; and all putrescible or easily decomposable waste animal or vegetable matter which is likely to attract flies or rodents); except (in all cases) any matter included in the definition of Bulky Waste, Construction Debris, Dead Animals, Hazardous Waste, Rubbish or Stable Matter. 2.17. Hazardous Waste. Waste, in any amount, identified or listed as a hazardous waste by the administrator of the United States Environmental Protection Agency under the Federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (42 U.S.C. Section 6901), or appropriate State agency by or pursuant to Federal or State law, or waste, in any amount, which is regulated under Federal or State law. For purposes of this Contract, the term Hazardous Waste shall also include motor oil, gasoline, paint and paint cans. 2.18. Holidays. The following shall be holidays for the purpose of this Contract: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. 2.19. Polycart Container. A rubber wheeled container, with a maximum capacity of 95 gallons, designed for automated or semi-automated solid waste collection systems. Construction shall be injection molded polyethylene. 2.20. Producer or customer. An occupant of a Commercial Unit, Industrial Unit or a Residential Unit who generates Refuse. 2.21. Recyclable Commodities. Material that has been recovered or diverted from the nonhazardous waste stream for the purposes of reuse, recycling, or reclamation, including, but not limited to, newspapers (including glossy inserts); plastic jugs and bottles; aluminum and metal cans; and glass food and beverage containers. 2.22. Recycling Container. A plastic receptacle, designed for the purpose of curbside collection of recycling commodities, with minimum capacity of eighteen(18) gallons. 2.23. Refuse. This term shall refer to Residential Refuse and Bulky Waste, Construction Debris and Stable Matter generated at a Residential Unit, unless the context otherwise requires, and Commercial and Industrial Refuse. 2.24. Residential Refuse. All Garbage and Rubbish generated by a Producer at a Residential Unit. 2.25. Residential Unit. A dwelling within the corporate limits of the City occupied by a person or group of persons comprising not more than four families. A Residential Unit shall be deemed occupied when either water or domestic light and power services are being supplied thereto. A condominium dwelling, whether of single or multi-level 3 DALLAS 1595100v1 construction, consisting of four or less contiguous or separate single-family dwelling units, shall be treated as a Residential Unit, except that each single-family dwelling within any such Residential Unit shall be billed separately as a Residential Unit. 2.26. Rubbish. All waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packaging, or wrapping crockery and glass, ashes, cinders, floor sweepings, glass mineral or metallic substances, and any and all other waste materials not included in the definition of Bulky Waste, Construction Debris, Dead Animals, Garbage, Hazardous Waste or Stable Matter. 2.27. Stable Matter. All manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry or livestock. 3.00 SCOPE OF WORK The work under this Contract shall consist of all the supervision, materials, equipment, labor and all other items necessary to complete said work in accordance with these Contract Documents including the Special Provisions and the Performance Standards. A copy of said Special Provisions is attached as Exhibit "A" and made a part hereof for all purposes. A copy of said Performance Standards is attached hereto as Exhibit "B" and made a part hereof for all purposes. 4.00 COLLECTION OPERATION 4.01. Service Provided. (a) Contractor shall provide curbside or alley collection service for the collection of Residential Refuse to each Residential Unit one (1) time per week. Polycart Containers shall be placed at curbside or alley by the residential customer by 7:00 a.m. on the designated collection day. All Residential Refuse shall fit into the Polycart Container with the lid closed. (b) Contractor shall provide curbside or alley collection service for the collection of Recyclable Materials from each Residential Unit one (1) time every other week. Recycling Containers shall be placed at curbside or alley by the residential customer by 7:00 a.m. on the designated collection day. (c) Contractor shall provide Bin Collection service for the collection of Commercial and Industrial Refuse to Commercial and Industrial Units according to individual agreement. (d) The Contractor shall provide for the special collection from Residential Units of Bulky Waste, Construction Debris and Stable Matter in accordance with Section 14.01(b). Also, the Contractor may from time to time provide for the special 4 DALLAS 1595100v1 collection of Dead Animals and Hazardous Waste at Commercial and Industrial Units and Residential Units at its sole discretion and upon such terms and conditions as Contractor shall specify. (e) Contractor shall provide transportation of collected Refuse to the Disposal Site for disposal, which responsibility is solely that of the Disposal Site operator. (f) Contractor shall provide transportation and processing of collected recyclables to Contractor's Material Recovery Facility at 4200 East 14th Street, Plano, Texas 75074. (g) The work under this Contract does not include the collection and disposal of any increased volume resulting from a flood, tornado or similar or different Act of God over which the Contractor has no control. In the event of such a flood tornado, or other Act of God, the Contractor and the City will negotiate the payment to be made to the Contractor. Further, if the City and the Contractor reach such an agreement, then the City shall grant the Contractor variances in routes and schedules as deemed necessary by the Contractor. 4.02. Location of Polycart Containers, Bins, Containers, Recycling Containers, Bags and Bundles for Collection. (a) Each Polycart Container, Bag, Recycling Container, Containers and Bundle shall be placed at curbside for collection. Polycart Containers, Recycling Containers, Containers Bags and Bundles shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians. When construction work is being performed in the right-of way, Polycart Containers, Containers, Recycling Containers, Bags and Bundles shall be placed as close as practicable to an access point for the collection vehicle. Contractor may decline to collect any Polycart Container, Container, Recycling Container, Bag and Bundle not so placed or any Residential Refuse not contained in a Polycart Container. (b) Contractor shall provide Bins for Commercial and Industrial Units whenever customers request their use. Each Bin shall be placed in an accessible, outside location on a concrete pad according to individual agreement between Contractor and the Commercial or Industrial Unit. Contractor may decline to collect Refuse in Bins not so placed by the customer. Placement of bin and size/construction of concrete pad shall be such that the front wheels of collection vehicles shall rest entirely on the pad while bin is lifted and emptied. 5.00 COLLECTION OPERATION 5.01. Hours of Operation. (a) Collection of Residential Refuse shall not start before 7:00 a.m. or continue after 7:00 p.m. on the same day. Exceptions to collection hours shall be affected only upon the mutual agreement of the City and Contractor, or when Contractor 5 DALLAS 1595100v1 reasonably determines that an exception is necessary in order to complete collection on an existing collection route due to unusual circumstances. (b) Collection of residential Rubbish and Bulky Waste, and Commercial and Industrial Refuse shall take place according to individual agreement. 5.02. Routes of Collection. (a) Residential Unit routes shall be established by the Contractor. Contractor shall submit a map designating the Residential Unit collection routes to the City for their approval, which approval shall not be unreasonably withheld. Contractor shall provide, at its expense, a map of such Residential Unit collection routes in a brochure to be mailed to each customer affected by a route change at least once during each calendar year and shall make such brochures continuously available at City Hall. The published map shall be of such size to clearly show all pertinent information. The Contractor may, from time to time, propose to City for approval, changes in routes or days of collection affecting Residential Units, which approval shall not be unreasonably withheld. Upon City approval of the proposed changes, Contractor shall promptly give written or published notice to the affected Residential Units. (b) Commercial and Industrial Unit collection routes shall be established by the Contractor at its sole discretion. 5.03. Holidays. Contractor may decide to observe any of the Holidays mentioned herein, but such decision in no manner relieves Contractor of his obligation to provide Refuse collection service at Residential Units at least once per week. 5.04. Complaints. All complaints shall be handled directly by the Contractor. Each complaint shall be given prompt and courteous attention and be resolved within seventy- two (72) of receiving the complaint. However, in the case of alleged missed scheduled collections, the Contractor shall investigate, and if such allegations are verified, shall arrange for the collection of the solid waste not more than twenty-four (24) hours after the initial complaint was received. Contractor will be responsible for maintaining a log of all complaints received, and will provide the City with a copy of the log on a weekly basis. The log shall indicate at least the following information: ■ Name of complainant; ■ Date and hour of the complaint; and ■ Nature and address of the complaint, and the manner and the date and time of its resolution. Contractor shall meet the timeliness requirements of the performance standards set forth in this Contract at least ninety-five (95%) of the time, measured on a quarterly basis, or 6 DALLAS 1595100v1 City shall have the right to terminate this Contract by providing Contractor thirty (30) days advance written notice of the termination and the effective date thereof. 5.05. Collection Equipment. The Contractor, at its sole cost and expense, agrees to furnish all trucks, equipment, machines, and labor (the "equipment"), which are reasonably necessary to collect and transport Refuse and/or recyclables from accounts serviced by the Contractor in accordance with this Contract. The equipment shall be maintained in a safe and clean working condition throughout the term of the Contract and any renewal period. The equipment shall be maintained and painted as often as necessary to preserve and present a well-kept appearance in accordance with normal industry standards in the Dallas-Fort Worth metropolitan areas. The Contractor shall clean the equipment on a regular weekly basis or more frequently as may be necessary to maintain sanitary and safe working conditions. Additionally, the Contractor shall have standby equipment available to regularly complete the daily routes in the event of equipment failure or excessive volumes of collection, which it is obligated to collect and transport in connection with this Contract. The Contractor shall provide the City a list of all identification numbers for collections vehicles operating in the performance of the Contract. Vehicles not listed will not be authorized for disposal under this Contract. Vehicular changes, additions, or deletions shall be made through the City's Public Services Director in writing. Emergency changes, additions, and deletions may be submitted by telephone and followed up in writing. 5.06. Office. The Contractor shall maintain an office within six (6) miles of the corporate limits of the City. Such office shall be open at a minimum Monday through Friday, 8:00 a.m. until 5:00 p.m. with a qualified service representative available to personally answer inquiries, as well as a qualified field supervisor to oversee the daily operations. The office is to include personnel needed to maintain daily delivery of new and replacement trash carts and make repairs when necessary. The telephone number of the Contractor's Wylie office will be widely available to customers. After-hours calls shall be forwarded to a twenty-four hour message center, with calls responded to, by Contractor personnel, the following morning or immediately depending on the nature of the call. Contractor shall advise the City Manager or representative thereof of all emergency service matters. 5.07. Non-Collection. Should a dispute arise between City, Contractor and/or a customer as to whether Contractor actually failed to make a collection (whether Contractor missed a pick-up), the decision of the City shall be final, and the Contractor agrees to abide by said decision. It is specifically understood and agreed that if the customer fails to timely place a Container/cart out, maintains improper or inadequate containers for the nature, volume, or weight of acceptable waste/recycling to be removed from the premises, or places improper bundles or volumes of waste/recycling for collection, or places hazardous waste, special waste, or other refuse in violation of this agreement, the Contractor may refrain from collecting all or a portion of such refuse that is rendered not collectable due to any of the aforementioned circumstances. The Contractor shall notify both the City 7 DALLAS 1595100v1 and the customer of the reason for any such non-collection (unless such non-collection is due to the customer's failure to timely place the waste/recycling for collection). Contractor's notice to the customer shall be in writing, attached to the container or the front door of the residence, and shall indicate the nature of the violation and the correction required in order that such solid waste may then be collected at the next regular collection date. Where a customer notifies the City that acceptable waste/recycling has not been removed from the residents' premises on the scheduled collection day and where no notice of non- collection nor a change in collection schedule has been received from the Contractor, the City shall investigate. If the investigation discloses that the Contractor has failed to collect acceptable waste/recycling from the subject premises without cause, the Contractor shall collect same within twenty-four (24) hours after a collection is ordered by the City, at no additional charge. 5.08. Interruption of Service. In the event that the collection and disposal of acceptable waste should be interrupted by any reason for more than forty-eight (48) hours, City shall have the right to make temporary independent arrangements for purposes of continuing this necessary service to its residents in order to provide and protect the public health and safety, and Contractor shall pay the City all costs and expenses associated therewith within ten (10) days of notice of the costs and expenses. If the interruption of service mentioned above continues for a period of seventy-two (72) hours and is not the result of a force majeure, then City shall have the right to terminate this Contract by providing Contractor written notice of the termination and the effective date thereof. 5.09. Hauling. All Refuse hauled by the Contractor shall be contained, tied or enclosed so that leaking, spilling or blowing is reasonably prevented. 5.10. Disposal. All Refuse collected for disposal by the Contractor shall be hauled to a Disposal Site. 5.11. Emergency Circumstances and Notifications. Contractor shall use whatever means to notify the City Manager or representative thereof of any changes, due to emergency circumstances, that may require the use of alternative disposal/recycling facilities/sites. In the event that at some future time, there is no disposal site available, costs in disposing of said waste may be negotiated by the City and Contractor in good faith. The Contractor shall notify, at its sole cost and expense, all producers at residential units about complaint procedures, rates, regulations, and days for scheduled collection. 5.12. Point of Contact. All dealing, contacts, etc., between the Contractor and the City shall be directed by the Contractor to the City Manager or his/her designated representative. 5.13. Property Damage. The Contractor shall be responsible for the repair of damage caused by the Contractor's collection equipment. Substantiation of cause shall be determined by mutual agreement of the City and the Contractor. Within fifteen (15) days 8 DALLAS 1595100v1 after receipt of a notice of damages, pending substantiation of cause that shall not be unreasonably delayed, the Contractor shall arrange for satisfactory repairs. Repairs shall be made within one week of notification unless additional time is needed to meet repair requirements. Contractor agrees to notify the resident or business and the City of their course of action and give reasonable timeframe for completion. 5.14. Liquidated Damage. In the event the Contractor fails to collect solid waste and recycling within twenty-four (24) hours after an order for collection is issued by the City pursuant to the third paragraph of Section 5.07 above, such failure shall constitute an act of non-collection, and the City may assess Contractor a penalty for each act of non- collection per account, to be withheld by City from payments due pursuant to Section 14.07 below: for each residential account, Ten dollars ($10.00) and for each commercial account, Fifty dollars ($50.00). 6.00 COMPLIANCE WITH THE LAW Contractor shall comply with all rules and regulations of the Texas Commission on Environmental Quality and the Environmental Protection Agency. In this regard, Contractor shall not be required to collect and dispose of any oil, sludge, fecal material, or any radioactive, pathological, toxic, acidic, or volatile material, Hazardous Waste, or other hazardous, medical, non-conforming or improper waste. Should Contractor elect to dispose of such materials, Contractor shall receive a fee or charge mutually acceptable to Contractor and the party requesting disposal of such materials. City agrees to pass such ordinances as are reasonably necessary to effectuate all terms of this Contract. Both parties and their officers, agents, employees, representatives, contractors and subcontractors shall abide by and comply with all applicable laws in the performance of this Contract. 7.00 EFFECTIVE DATE This Contract shall become, effective upon the execution hereof by all parties and the continuing performance of Contractor shall be governed by this Amended and Restated Solid Waste & Recycling Contract from and after such date. 8.00 NONDISCRIMINATION The Contractor shall not discriminate against any person because of race, sex, age, creed, color, religion, or national origin. 9.00 INDEMNITY THE CONTRACTOR WILL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY,ITS OFFICERS,AGENTS,SERVANTS,AND EMPLOYEES FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, LEGAL PROCEEDINGS, CLAIMS, DEMANDS, DAMAGES, INJURIES (INCLUDING DEATH), JUDGMENTS, COSTS, EXPENSES, AND ATTORNEYS' FEES (INCLUDING ANY ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY) (COLLECTIVELY, "CLAIMS") ARISING OUT OF CONTRACTOR'S PERFORMANCE OF THIS CONTRACT AND DIRECTLY CAUSED BY A WILLFUL,NEGLIGENT 9 DALLAS 1595100v1 OR GROSSLY NEGLIGENT ACT OR OMISSION OF THE CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES. CONTRACTOR IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS; PROVIDED, HOWEVER, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT CITY WITHOUT WAIVING ANY GOVERNMENTAL IMMUNITY HAS JOINT, CONCURRENT OR SOLE LIABILITY FOR THE CLAIMS, IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, THEN CONTRACTOR IS NOT REQUIRED TO INDEMNIFY OR RELEASE CITY NOR BE LIABLE FOR DEFENSE OR DEFENSE COSTS OF THE CITY TO THE EXTENT OF THE LIABILITY APPORTIONED TO THE CITY. THE PARTIES RECOGNIZE THAT NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED AS A WAIVER BY THE CITY OF ITS SOVEREIGN IMMUNITY AND THAT THIS PARAGRAPH DOES NOT CREATE, AND SHALL NOT BE CONSTRUED AS CREATING, ANY RIGHT ENFORCEABLE BY ANY PERSON NOT A PARTY TO THIS AGREEMENT. 10.00 INDEPENDENT CONTRACTOR Contractor is and shall at all times be deemed to be an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it under the terms of this contract. Nothing herein contained shall be construed as creating a relationship of employer and employee, or principal and agent, between City and contractor or any of Contractor's agents or employees. Contractor assumes exclusively the responsibility for its acts and the acts of its employees as they relate to the services to be provided during the course and scope of their employ, except to the extent such services are performed in accordance with the specific directions of the City. Contractor, its agents and employees shall not be entitled to any rights or privileges of City employees and shall not be considered in any manner to be a City employee(s). 11.00 LICENSES AND TAXES The Contractor shall obtain all licenses and permits (other than the license and permit granted by the Contract) and promptly pay all taxes required by the City and by the State. 12.00 TERM This Contract shall be for a term beginning on the effective date pursuant to Section 7 and continuing through August 31, 2008. Thereafter, this Contract may be extended for an additional five (5) year term upon the written, mutual agreement of the parties, which either party may refuse to enter in that party's sole discretion. Contractor agrees that if any extension is entered into by the parties, the extension must include an upgrade in the residential recycling service to provide rubber wheeled containers with lids, if requested by the City. 13.00 INSURANCE The Contractor shall at all times during the Contract maintain in full force and effect Employer's Liability, Workers Compensation, Public Liability and Property Damage Insurance, including contractual liability coverage for the provisions of Section 9.00. All 10 DALLAS 1595100v1 insurance shall be by insurers and for policy limits acceptable to the City; and before commencement of work hereunder the Contractor agrees to furnish to the City certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. The certificates shall contain the following express obligations: "This is to certify that the policies of insurance described herein have been issued to the insured for which this certificate is executed and are in force at this time. In the event of cancellation, thirty (30) days prior written notice will be given the certificate holder." For the purpose of the Contract, the Contractor shall carry the following types of insurance in at least the limits specified below: Workers Compensation Statutory Employer's Liability $500,000 Bodily Injury Liability $500,000 each occurrence Except Automobile $1,000,000 aggregate Automobile Bodily Injury $500,000 each person Liability $1,000,000 each occurrence Automobile Property Damage $500,000 each occurrence Excess Umbrella Liability $1,000,000 each occurrence As an alternative to the above, Contractor may insure the public liability and property coverage under a plan of self insurance. Each insurance policy with respect to public liability insurance may provide for a self-insured retention of an amount of$250,000 with the result that the Contractor is its own insurer to the extent the coverage may be provided by the Contractor's parent corporation. The Contractor agrees to furnish the City with certificates satisfactory to the City evidencing such plan of self insurance. The Contractor shall provide the City with thirty (30) days prior written notice of any change in insurance coverage which would cause Contractor's insurance coverage to be for amounts less than required by this Contract. 14.00 BASIS AND METHOD OF PAYMENT 14.01. Collection and Disposal Rates. (a) The rate for collection services required to be performed pursuant to Sections 4.01 (a), (b) and (c) shall be the rates set forth in Exhibit "C", attached hereto and 11 DALLAS 1595100v1 made a part hereof subject to adjustment in accordance with Section 14.02, to be effective February 1, 2006. (b) For special collection provided by the Contractor pursuant to Section 4.01 (d), the charges are to be negotiated between the Contractor and Producer prior to collection. If agreement cannot be reached, the matter may be submitted to the City for determination of a reasonable fee. (c) The Refuse collection charges provided by Sections 14.01 (a)-(c) shall include all disposal costs. (d) In the event that any commodity collected shall not be marketable for a period of sixty (60) days or longer, City and Contractor upon mutual agreement, shall eliminate that commodity from the Recyclable Materials program and this Contract. 14.02. Rate Adjustments. The rates set forth in the Contract shall remain effective for the period of one (1) contract year from the effective date of this Contract. On each anniversary of such date, any or all rates may be increased or decreased by up to the same percentage increase or decrease, if any, between the DFW CPI-U as published either for the month proceeding the date or the most recent such DFW CPI-U, whichever is later, and that published for the month preceding the current anniversary of the date. At least sixty (60) days prior to the date anniversary each year, the Contractor shall notify the City of any such proposed DFW CPI-U based rate adjustment, and upon request, provide the supporting data that is the basis for the rate adjustment. Any justifiable increase or decrease will be determined by the City. In addition, the above-defined rates may be adjusted annually by mutual written agreement between the City and the Contractor in the event of (i) changes in any laws, ordinances, regulatory requirements or guidelines including changes in construction or interpretation thereof or change in the manner or method of construction or interpretation thereof or change in the manner or method of enforcement thereof; (ii) orders,judgments or directives of any court or governmental body of instrumentality thereof; or (iii) increased costs due to changes in location of disposal facilities and/or increases in disposal costs.. The Contractor shall provide the City documents and records in sufficient detail to reasonably establish the basis to any requested rate adjustment(s) at the time of the request and the City will act reasonably in determining whether it agrees to any such request for a rate increase. All above-mentioned rate adjustment procedures are agreed to and understood to apply to any and all services provided to commercial and industrial customers as well as residential customers. 14.03. Contractor to Act as Collector. The Contractor shall submit statements to and collect from all Commercial and Industrial Units for services provided by the Contractor pursuant to Section 4.01(c) (including Shared Dumpsters). 12 DALLAS 1595100v1 14.04. Delinquent and Closed Accounts. (a) The Contractor shall discontinue Refuse collection service at any Residential Unit as set forth in a written notice sent to it by the City. Upon further notification by the City, the Contractor shall resume Refuse collection on the next regularly scheduled collection day. (b) The Contractor shall have the right to discontinue Refuse collection service at any Commercial and Industrial Unit or Shared Dumpster delinquent in its payments. 14.05. Contractor Billings to City. The Contractor shall bill the City for service rendered to Residential Units within ten (10) days following the end of the month and the City shall pay the Contractor on or before the 15th day following the receipt of the invoice. Such billing and payment shall be based on the price rates and schedules set forth in this Contract. The Contractor shall be entitled to payment for services rendered to Residential Units irrespective of whether or not the City collects from the customer for such service. 14.06. New Accounts and Account Changes. The City shall notify the Contractor of all new accounts by email or fax (if network non-operational), during working hours. Residential Polycart Containers and Recycling Containers requested on this list will be delivered on the resident's move-in day or closest day thereto, as identified on list. Service will begin during the next regularly scheduled collection day after the delivery of the cart or container. The Contractor shall notify the City of any account changes in writing on the same day the account change requests have been implemented. Commercial and construction waste containers will be delivered to customers within twenty-four(24) hours (excluding Sunday) of City notification. 15.00 OWNERSHIP Title to Refuse, Dead Animals and Recyclable Materials, except special, hazardous or non-conforming Refuse shall pass to Contractor when placed in Contractor's collection vehicle, removed by Contractor from a Bin or Container, or removed by Contractor from the customer's premises, whichever last occurs. Title to special, hazardous or non- conforming Refuse and to Hazardous Waste shall not pass to Contractor, but shall remain with the Customer that generated such waste. 16.00 CONTRACTOR FEE The Contractor shall pay to the City fifteen percent (15%) of all amounts received by the Contractor for all Commercial and Industrial Refuse collection and disposal services provided pursuant to this Contract. Such payment shall be made to the City on or before the 20th day of each month for amounts received by the Contractor for the performance of services during the immediately preceding month. 13 DALLAS 1595100v1 17.00 BOOKS AND RECORDS The City and Contractor agree to maintain at their respective places of business adequate books and records relating to the performance of their respective duties under the provisions of this Contract and such books and records shall be made available at any time during business hours for inspection by the other party, at the inspecting party's expense, upon reasonable advance notice; provided, however, the City may not inspect or audit any books and records pertaining to the cost of Contractor's operations, except to the extent pertaining to increases in the fees which may be charged by Contractor under Section 14.02; but the City may inspect for the purpose of, including but not limited to, verifying and auditing payments made pursuant to Section 16.00. 18.00 TERMINATION FOR CAUSE If at any time the Contractor shall fail to substantially perform terms, covenants or conditions herein set forth, the City shall notify Contractor by registered or certified mail addressed to the Contractor at the address set forth herein of specific reasons in support of the City's claim that the Contractor has substantially breached the terms and provisions of this Contract. Contractor shall be allowed a thirty (30) day period from the date of receipt of said notice from City to remedy any failure to perform. Should the City deem the failure to perform remedied, no hearing shall be held. Should Contractor fail to remedy its performance, the City, after a hearing described herein, may terminate this Contract and the rights and privileges granted to Contractor herein. A notice shall be sent to Contractor no earlier than ten (10) days before a hearing is scheduled. The notice shall specify the time and place of the hearing and shall include the specific reasons in support of the City's claim that the Contractor has substantially breached the terms and provisions of this Contract. Should the City still deem Contractor to have failed in its performance, said hearing shall be conducted in public by the City Council of the City and the Contractor shall be allowed to be present and shall be given opportunity to answer such claims as are set out against it in the aforesaid notice. If, after said public hearing, the City Council makes a finding that Contractor has failed to provide adequate refuse collection service for the City, the City Council may, by a majority vote, terminate this Contract. 19.00 NOTICES Any notice required or permitted to be delivered hereunder shall be in writing and shall be deemed to be delivered when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the respective party of the address set forth below: If to the City, at: 2000 Highway 78 N Wylie, Texas 75098 Attn: City Manager If to the Contractor, at: 4200 E. 14th Street 14 DALLAS 1595100v1 Plano, Texas 75074 Attn: District Manager or such other addresses as the parties may hereafter specify by written notice delivered in accordance herewith. 20.00 APPROVAL This Contract shall not be considered fully executed or binding on the City or the Contractor until the same shall have been executed by the Contractor, the Mayor and the City Secretary of the City. 21.00 AMENDMENT No amendment to this Contract shall be made except upon the written consent of the parties. No amendment shall be construed to release either party from any obligation under this Contract except as specifically provided for in such amendment. 22.00 FORCE MAJEURE Notwithstanding anything herein to the contrary, Contractor shall not be liable for the failure, or delay of, performance of its duties if such failure is caused by a catastrophe, riot, public disturbance, accident, military authority, war, act of terrorism, governmental order or regulation, fire, act of God or other similar or different contingency beyond the reasonable control of Contractor. 23.00 SEVERABILITY In the event that any provision or portion hereof shall be found to be invalid or unenforceable, then such provision or portion thereof shall be performed in accordance with the applicable laws. The invalidity or unenforceability of any provision or portion of this Contract shall not affect the validity or enforceability of any other provision or portion of this Contract. 24.00 ENTIRE CONTRACT This Contract constitutes the entire understanding between the parties hereto and cancels and supersedes all prior negotiations, representations, understandings and agreements, either written or oral, with respect to the subject matter hereof. 25.00 COUNTERPARTS This Contract may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 15 DALLAS 1595100v1 26.00 VENUE This Contract shall be construed under and in accordance with the laws of the State of Texas and venue shall be in Collin County, Texas. 27.00 ORDINANCES The Contractor shall conduct Operations under this Contract in compliance with all applicable ordinances of the City; provided however, the requirements of this Contract shall govern the obligations of the Contractor where there exists conflicting ordinances of the City on the subject. 28.00 AUTHORITY TO EXECUTE The individuals executing this Contract on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Contract to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Contract in order for the same to be an authorized and binding Contract on the party for whom the individual is signing this Contract and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. 29.00 ASSIGNMENT This Contract shall not be assigned, unless approved by the City Council prior to the assignment. Notwithstanding the preceding sentence, Contractor my assign its right to receive payments under this Contract in connection with any lending arrangement of Contractor or any of its affiliates. 30.00 SOVEREIGN IMMUNITY The parties agree that the City has not waived its sovereign and/or governmental immunity by entering into and performing its obligations under this Contract. 31.00 MISCELLANEOUS DRAFTING PROVISIONS This Contract shall be deemed drafted equally by all parties hereto. The language of all parts of this Contract shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Contract are for the convenience of the parties and are not intended to be used in construing this document. 32.00 NO THIRD PARTY BENEFICIARIES Nothing in this Contract shall be construed to create any right or obligation on any third party not a signatory to this Contract, and the parties do not intend to create any third party beneficiaries by entering into this Contract. 16 DALLAS 1595100v1 IN WITNESS WHEREOF, we, the contracting parties, by our duly authorized agents, hereto affix our signatures and seals as of the day of January, 2006. CITY OF WYLIE, TEXAS A Municipal Corporation of Texas By: John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary ALLIED WASTE INDUSTRIES, INC. By: Jim Lattimore, District Manager ATTEST: 17 DALLAS 1595100v1 EXHIBIT A SPECIAL PROVISIONS CITY OF WYLIE, TEXAS EFFECTIVE FEBRUARY 1, 2006 I. City Facilities. Bin collection service for City of Wylie facilities shall be provided at no charge, with bins to be provided by the Contractor. II. Spring Clean-Up Campaign. A. Contractor shall provide up to ten (10) 30-cubic yard roll off containers at a centralized spring clean up campaign and again at a centralized fall clean up campaign beginning in the spring of 2006 and continuing semi-annually through the remainder of this Contract. If City wants more than ten (10) containers for either clean up campaign, Contractor will charge City $250 per haul. B. Contractor shall provide free collection and disposal to the City, up to a maximum of twenty (20) hauls of 30 cubic yards. III. Informational Services. A. Contractor agrees to furnish informational flyers detailing solid waste, recycling and bulk collection. Contractor also agrees to support further environmental educational opportunities within the City, as relating to flyers, booths, displays, and presentations during the months of April (Earth Day) and November (Texas/America Recycles Days), and at other local festivals or events up to a total of two (2) per year as requested by the City. Tours of Contractor's Material Recovery Facility located in Plano, Texas will also be made available to schools, community and civic organizations, and the City for educational recycling promotions upon a scheduled basis. B. Contractor agrees to link its website to the City's website in order to make available solid waste and recycling information and list the City information on Contractor's website. Exhibit A DALLAS 1595100v1 IV. Polycart Containers. Contractor agrees to deliver Polycart Containers to new customers on the customer's move-in date or within two (2) days after the day of request from the City, whichever is later. If such delivery does not occur within the time specified above, Contractor will pay a penalty to the City of$2.00 per day until the Polycart Container is delivered. If a Polycart Container must be changed out or repaired, Contractor will deliver a substitute Polycart Container within five (5) days after the day of request from the City. V. Pavement Damage in Alleys. A. In addition to the obligation created by Section 5.13 of the Contract, Contractor shall be responsible for the repair of damage to paved surfaces in alleys when such damage is caused by the Contractor's collection equipment. Substantiation of cause shall be by mutual agreement of both parties. B. Within fifteen (15) days after receipt of a notice of damage, pending substantiation of cause and mutual agreement of both parties as outlined in Section 26.05(a), the Contractor shall arrange for satisfactory repair of the alley pavement or repairs, which will be performed by City forces and the City shall be reimbursed on a time and materials basis. Reimbursement for materials and labor shall be in the form of a credit on the Contractor's next monthly billing for Residential collection service. C. If the parties cannot reach agreement on the above-referenced liability, damage, or cost of repair; then, the parties agree to submit the matter to non-binding arbitration in accordance with the arbitration rules of the American Arbitration Association. Exhibit A DALLAS 1595100v1 EXHIBIT B PERFORMANCE STANDARDS CITY OF WYLIE, TEXAS EFFECTIVE FEBRUARY 1,2006 I. Residential and Commercial Hand Collection A. Schedule: Once Weekly. B. Hours of Operation: 7:00 a.m. —7:00 p.m. C. Placement: Curbside or Alley D. Approved Containers: Polycart Containers, 95 gallons in capacity, maximum weight 175 pounds. All refuse must fit inside the polycart with the lid closed; nothing outside the polycart will be collected with the regularly scheduled weekly service. Plastic bags may be used inside the polycart. E. Spillage: Any spillage caused by Contractor will be picked up immediately. Spillage caused by others or by inadequate containers will be the producer's responsibility. F. Brush and Bulky Item Collection: CONTRACTOR will make brush and bulky collection available to Wylie residents one (1) day per month as part of the standard contract. Maximum size is restricted to two (2) cubic yards. Maximum weight is no more than that which can be lifted by two (2) men. Special collection of brush and bulky items will be made available to Residents at the rate of$72 per hour for time spent on collection, with a minimum charge of $15 per collection. Residents must call Contractor's dispatch office to schedule collection. Approved Containers: (a) Polycarts (b) Bundles placed at the curb or alley. (c) Maximum weight bundle or container is not to exceed that which can be lifted by two men. G. Commercial Hand Collection Exhibit B DALLAS 1595100v1 Customers with an average weekly volume exceeding two (2) polycarts twice a week will be required to use container service unless there are extraordinary circumstances. Any dispute in average weekly volume will be submitted to City officials for decision. II. Residential Recycling A. Schedule: Once Weekly. B. Hours of Operation: 7:00 a.m. —7:00 p.m. C. Placement: Curbside or Alley D. Approved Containers: 1. Recycling Container 2. Additional Recycling Containers may be obtained from Contractor by Producer at no charge to Producer. III. Commercial Container Collection A. Container Size Available: 2 cu. yd., 3 cu. yd., 4 cu. yd., 6 cu. yd., 8 cu. yd., 30 cu. yd. B. Schedules Available: Up to five times weekly. C. Hours of Operation: 7:00 a.m. — to completion or 6:00 a.m. to 7:00 p.m. in non- residential areas. D. New Service: A listing will be maintained in the yellow pages. Requests for new service will be filled within five (5) working days. E. Extra Collections: If notified by 10:00 a.m. on service day, extra pick up will be performed that day. After 10:00 a.m., we will attempt to make the pick up that day. If unable, it will be made the following service day. There is a charge for extra pickups and refills. F. Blocked Containers: If access to a container is blocked, the driver will radio our dispatcher. A call will be placed to the location describing the obstruction. The driver will wait until the customer is contacted and the obstruction cleared. If not cleared, the driver will proceed on route. Customer may call in for an extra pickup, if desired, when access is clear. Customer will be charged for extra pickups. G. Overfilled Containers: Container will not be emptied if a safety hazard exists. Customer will be contacted to remove excess. An extra pickup will be Exhibit B DALLAS 1595100v1 rescheduled when excess refuse has been removed. Customer will be charged for extra pickups. H. Container Maintenance: Containers that have been damaged will be exchanged or repaired with five (5) working days of notification. If the damage is not due to servicing or a defect in materials and workmanship, a fee will be charged to the customer. The amount will depend on the repairs needed. All containers will be exchanged at reasonable intervals to maintain a good appearance considering type of refuse generated, normal wear and weathering. If an unsightly condition develops due to fire, paint or other causes beyond our control, the container will be exchanged upon the request of the customer. A maximum of $50.00 for refurbishing will be charged. Containers at food service establishments shall be exchanged at least one (1) time per year. I. Gates and Enclosures: Assistance will be requested for opening and closing gates at those locations which desire to place containers in enclosures. If customer does not assist, an additional charge of $5 per month per container times number of pickups per week will be added. J. Odor and Insect Control: The customer will be responsible for odor and insect control in and around containers. K. Casters: Casters are available on containers at a charge of $5.00 per month per container. L. Non-Payment: Customers will be notified in writing when thirty (30) days past due. If unpaid after forty-five (45) days, customer will be notified in writing that service is being suspended until account is paid in full. Any amount unpaid more than thirty (30) days after it is due will be assessed a late charge of two and one- half percent (2.5%). A copy will be sent to the Finance Department and City Code Enforcement. If a customer is suspended twice, a deposit in the amount of one month's average billing will be required to re-establish service. This deposit will be refunded after one (1) year of prompt payments by customer. IV. General A. Office Hours: 8:00 a.m. —5:00 p.m. Monday—Friday. B. Holidays: New Years, Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas. Pickups scheduled for these days may be omitted by Contractor; however, refuse collection service at residential units will be performed no less than once per week. Exhibit B DALLAS 1595100v1 EXHIBIT C CITY OF WYLIE, TEXAS EFFECTIVE FEBRUARY 1,2006 REFUSE AND RECYCLING SERVICE: FEBRUARY 2006 Rate Residential- Single Family $9.85 Duplex Unity-Per Unit $9.85 Trailer Park-Per Unit $9.85 Additional Polycart Container, Per Unit $3.00 COMMERCIAL SERVICE: 1 x wk 2 x wk 3 x wk 4 x wk 5 x wk EXTRA CU YD 2 cu yd $ 50.49 $107.79 $143.27 $ 38.21 3 cu yd $ 69.58 $129.61 $200.58 $ 38.21 4 cu yd $103.70 $165.10 $232.30 $ 38.21 6 cu yd $121.43 $197.83 $293.35 $375.35 $467.55 $ 43.67 8 cu yd $148.72 $255.14 $339.74 $409.60 $491.26 $ 43.67 DELIVERY/EXCHANGE OF FEL CONTAINERS: $51.35 ROLLOFF CHARGES: 42 cu. yd. Compactor Containers, Per Haul $287.56 (Includes disposal, does not include equipment) 30 cu. yd. Open-top Rolloff Containers, $258.80 Per Haul (Includes disposal) Daily Rental $ 7.19 Delivery/Exchange $ 77.03 SPECIAL CHARGES: Polycart Container Replacement $ 60.00 Returned Check Charge $ 20.00 CITY BILLS RESIDENTIAL ALLIED BILLS COMMERCIAL & ROLLOFF (Includes 15% Contractor Fee) CITY ACCOUNT #9015397 CONTACT UTILITY BILLING 972.442.8131 -FAX 972.442.8105 Exhibit C DALLAS 1595100v1 AW ALLIED WASTE SERVICES January 17, 2006 Mark Roath City Manager City of Wylie 2000 State Hwy 78 North Wylie, TX 75098 Re: Rate Increase revision Dear Mr. Roath: Allied Waste Services wishes to thank the City of Wylie for the opportunity to be the city's provider of solid waste and recycling collection services since 1985. Our goal is to be a knowledgeable solid waste service provider servicing the residents of the City of Wylie at a reasonable cost for years to come. We want to continue to improve our services and be able to offer more options to the City of Wylie, such as our current proposal of an automated service of 90 gallon recycle carts. In April of 2005 we added a new automated solid waste truck that services all of the residential customers. Since that time we have had very few complaints on leaks from equipment. By March of 2006 we will add a new recycle truck that will service all of the residential recycling accounts. Unfortunately costs have increased past where the current rate will suffice. Allied proposes' a rate increase of 14.5%. Going back 10 years, the rates were increased as follows 1995 - $ 7.39, 1998 - $ 8.09, 2000 - $ 8.31 and 2001 - $8.60, which is, the current rate. As you can see we have tried continuouslyto keepthe operational costs low and have not had to ask for a rate increase since 2001. Section 15:02 modifications to rates of the contract specifies rate adjustment criteria based on CPl-U all items published by the U.S. Department of Labor, Bureau of Labor Statistics, Dallas-Ft-Worth area which indicates an increase of 10.80%, this calculation, results in a 6.00% increase. Calculation sheet is attached. There has been a 21% increase in fuel from Sept 04 -$2.15 per gallon to Sept 05- $2.60 per gallon. I have attached our Fuel Recovery Table, which shows the fuel cost adjustment of 8.08% on the $2.60 per national price average. We would like to request a fuel increase adjustment of 6.00%. 4200 E. 14th Street Piano, Texas 75074 972.422.2341 / Fax 972.881.9077 www.disposal.com J'Ail,r AWED WAS11 UURVICUS The C. M. Hinton Jr. Regional Landfill owned by the City of Garland had a disposal rate increase on March 30, 2005 of 6.25%. This is the disposal site used for the City of Wylie tonnage. We are asking for disposal price increase of 2.50%. The CPI, Fuel, and Landfill increases total to 14.5%. This would be a total of$ 1.25 increase per home. I have attached a sheet showing the calculations. Thank you for providing Allied Waste Services with the opportunity to serve the City of Wylie's solid waste and recycling needs. We hope that you will agree that our service provides your community with superior quality waste management services. We look forward to our continued partnership in your community. Sincerely, 611.Atd14) oZdniat,--- Brenda Lalonde Municipal Marketing Representative cc: Reid Donaldson ALLIED WAshl SERVICES CITY OF WYLIE,TEXAS RATE SCHEDULE Effective it is Residential ii Base Rate Calculation: !!! CPI-U as of 09/2004 180.0 Base rate $ 8.60 it CPI-U as of 09/2005 190.8 New Base Rate $ 9.85 Base 10.80 % o CPI Increase 10.80/180.0% = 6.00% = $ .52 Base Rate Calculation: Disposal Prior: $16.00 per ton Current $ 17.00 per ton = (6.25% increase) Disposal Price Increase = 2.50% = $ .22 Base Rate Calculation: (Sept 2005 fuel cost adjustment = 8.08%) Rate increase for Fuel Recovery Fee = 6.00% = $ .51 Commercial Rates 1 x wk 2 x wk 3 x wk 4 x wk 5 x wk EXTRA 2 cu yd $ 50.49 $107.79 $143.27 $ 38.21 3 cu yd $ 69.58 $129.61 $200.581 r $ 38.21 4 cu yd $103.70 $165.10 $232.30 - $ 38.21 6 cu yd $121.43 $197.83 $293.35 $375.35 $467.55 $ 43.67 8 cu yd $148.72 $255.14 $339.74 $409.60 $491.26 $ 43.67 • Industrial Rates Delivery charge $91.37 Size Rental Haul 30 cu yd en top P $255.91 307.00 40 cu yd Open top $255.91 307.00 35 cu yd Compactor Negotiated $341.11 42 cu yd Compactor Negotiated $341.11 33i APR-12-2005 04:08 JOE SANDERS DFW DISTRICT 972 2250969 P.02 1 City of GarlandGARLAND P,O, Box 469002 ti (:;Rrianc,Texas 7504 6 9002 972-205-2000 March 30, 2005 Trinity Waste Services Tom Koogler, General Manager 1450 E. Cleveland Hutchins,TX 75141 Dear Mr. Koogler: This letter will serve as formal notification that the Landfill Trinity Usage Agreement between Tr�nj Waste Services and the Cityof Garland for � use of the C.M. Hinton, Jr. Regional Landfill expired on December 1, 2004. The expired Landfill p Usage Agreement established Trinity Waste Services' tippingfee at $30 er to . .p n for load originating from a Garland location; $18per ton Trinity Waste Services hauled 2,000 tons if per month or less; and a fee of$16,00 per ton if Trinity Waste Services hauled over 2.000 tons per month. As a result of increased operating costs, the tipping fee for the increased as follows: p new agreement shall be $19.00 per ton 2,000 tons and under per month ton$17.00 perOver 2,000 tons per month Please review and sign the attached Landfill Usage Agreement. Agreementg g The signed Landfill Usage g must be received by the Environmental Waste Services Department within anent within 30 days from the date of this letter. Failure to sign and return the new agreement shallTrinity Waste Services beingprohibitedg result in Trrrirty from continued use of the C.M. Hinton, Jr. Regional Landfill a disposal site. g as Please contact me if you have any questions regarding this matter. Sinc ely, ofi OiriAeLe.t...a) P. Rfr--4,-) Lonnie R. Banks Managing Director of Environmental Waste Services Department Cc: Martin Glenn, Deputy City Manager • r(X ,y7 Retail On-Highway Diesel Prices Page 1 of 3 eI doe.90V Retail On-Highway Diesel Pricessign Up for Email Updates EIA Home > Petroleum > Weekly Retail On-Highway Diesel Prices > Diesel Prices Details -Last 53 Weeks Prices in Dollars Per Gallon Date U.S. East New Central Lower Midwest Gulf Rocky West California Average Coast England Atlantic Atlantic Coast Mtn Coast 01/09/06 2.485 2.528 2.676 2.626 2.473 2.451 2.453 2.421 2.577 2.601 01/02/06 2.442 2.481 2.645 2.590 2.420 2.412 2.414 2.392 2.519 2.538 12/26/05 2.448 2.481 2.643 2.599 2.416 2.420 2.421 2.410 2.523 2.543 12/19/05 2.462 2.499 2.647 2.609 2.438 2.443 2.435 2.410 2.505 2.521 12/12/05 2.436 2.458 2.598 2.577 2.393 2.409 2.429 2.401 2.500 2.465 12/05/05 2.425 2.428 2.591 2.569 2.354 2.390 2.411 2.471 2.538 2.486 11/28/05 2.479 2.467 2.619 2.604 2.394 2.442 2.456 2.591 2.617 2.559 11/21/05 2.513 2.491 2.652 2.615 2.423 2.477 2.491 2.654 2.652 2.599 11/14/05 2.602 2.565 2.699 2.689 2.500 2.575 2.585 2.766 2.738 2.717 11/07/05 2.698 2.657 2.744 2.755 2.608 2.671 2.679 2.907 2.821 2.797 10/31/05 2.876 2.784 2.834 2.848 2.753 2.907 2.846 3.079 2.951 2.936 10/24/05 3.157 3.051 2.873 2.940 3.115 3.235 3.146 3.232 3.142 3.152 10/17/05 3.148 3.116 2.913 2.966 3.199 3.144 3.177 3.178 3.178 3.210 10/10/05 3.150 3.160 2.947 2.990 3.252 3.123 3.182 3.143 3.167 3.240 10/03/05 3.144 3.198 3.012 3.040 3.283 3.083 3.185 3.079 3.174 3.262 09/26/05 2.798 2.808 2.859 2.875 2.775 2.739 2.756 2.938 2.978 3.031 09/19/05 2.732 2.749 2.804 2.846 2.702 2.648 2.677 2.902 2.985 3.060 09/12/05 2.847 2.849 2.920 2.935 2.806 2.782 2.797 2.957 3.093 3.158 09/05/05 2.898 2.900 2.977 2.993 2.853 2.843 2.833 2.976 3.149 3.250 08/29/05 2.590 2.564 2.649 2.654 2.518 2.532 2.508 2.726 2.920 3.045 08/22/05 2.588 2.564 2.642 2.654 2.519 2.540 2.512 2.679 2.897 3.037 08/15/05 2.567 2.544 2.618 2.633 2.499 2.524 2.481 2.615 2.891 3.042 08/08/05 2.407 2.386 2.492 2.484 2.334 2.336 2.323 2.486 2.801 2.943 08/01/05 2.348 2.356 2.488 2.465 2.297 2.292 2.279 2.421 2.594 2.657 07/25/05 2.342 2.365 2.508 2.481 2.303 2.292 2.278 2.405 2.530 2.578 07/18/05 2.392 2.412 2.535 2.521 2.354 2.361 2.331 2.430 2.530 2.589 07/11/05 2.408 2.427 2.533 2.524 2.377 2.384 2.355 2.408 2.526 2.589 07/04/05 2.348 2.370 2.485 2.475 2.315 2.328 2.290 2.328 2.467 2.554 http://tonto.eia.doe.gov/oog/info/wohdp/diesel detail report.asp 1/16/2006 Retail On-Highway Diesel Prices Page 2 of 3 06/27/05 2.336 2.368 2.476 2.461 2.318 2.314 2.288 2.288 2.433 2.522 06/20/05 2.313 2.348 2.442 2.451 2.296 2.294 2.274 2.236 2.391 2.476 06/13/05 2.276 2.308 2.399 2.399 2.261 2.248 2.247 2.210 2.364 2.457 06/06/05 2.234 2.263 2.353 2.343 2.221 2.198 2.213 2.191 2.339 2.421 05/30/05 2.160 2.188 2.320 2.284 2.134 2.111 2.117 2.179 2.317 2.367 05/23/05 2.156 2.181 2.338 2.292 2.119 2.097 2.112 2.207 2.339 2.373 05/16/05 2.189 2.204 2.380 2.315 2.141 2.129 2.141 2.267 2.397 2.432 05/09/05 2.227 2.237 2.389 2.342 2.179 2.157 2.173 2.318 2.481 2.518 05/02/05 2.262 2.264 2.410 2.366 2.207 2.194 2.209 2.355 2.530 2.561 04/25/05 2.289 2.287 2.413 2.382 2.234 2.230 2.231 2.371 2.549 2.570 04/18/05 2.259 2.260 2.418 2.373 2.197 2.194 2.180 2.379 2.554 2.582 04/11/05 2.316 2.306 2.434 2.423 2.244 2.263 2.251 2.399 2.585 2.625 04/04/05 2.303 2.299 2.427 2.412 2.238 2.258 2.240 2.361 2.541 2.581 03/28/05 2.249 2.248 2.374 2.360 2.189 2.203 2.182 2.326 2.483 2.512 03/21/05 2.244 2.245 2.355 2.358 2.186 2.196 2.180 2.313 2.471 2.482 03/14/05 2.194 2.197 2.320 2.309 2.137 2.140 2.130 2.260 2.442 2.418 03/07/05 2.168 2.163 2.288 2.280 2.102 2.113 2.100 2.229 2.450 2.408 02/28/05 2.118 2.117 2.241 2.233 2.056 2.064 2.035 2.174 2.412 2.376 02/21/05 2.020 2.027 2.198 2.154 1.957 1.953 1.943 2.087 2.321 2.259 02/14/05 1.986 2.013 2.197 2.150 1.938 1.935 1.915 2.011 2.190 2.196 02/07/05 1.983 2.025 2.222 2.159 1.950 1.938 1.938 1.967 2.113 2.144 01/31/05 1.992 2.048 2.225 2.172 1.979 1.954 1.940 1.946 2.085 2.126 01/24/05 1.959 2.014 2.180 2.140 1.945 1.928 1.919 1.884 2.027 2.068 01/17/05 1.952 2.009 2.168 2.127 1.944 1.928 1.908 1.877 2.001 2.023 01/10/05 1.934 1.999 2.163 2.133 1.926 1.911 1.876 1.877 1.973 2.014 http://tonto.eia.doe.gov/oog/info/wohdp/diesel_detail_report.asp 1/16/2006 Retail On-Highway Diesel Prices Page 3 of 3 Weekly U.SRetail On-Highway Diesel Prices 3.30 3.20 3.10 3.00 2.90 2.80 2.70 E2.60 2.50 2.40 0. ! 2.20 2.10 a 2.00 y 1.90 I.30 - 1.70 1.00 I.50 1.40 1.30 r r r f I 1 In Ca 0 0 C 0 C C� �? CD CCU 0 C 0 c () ID N. CD r rel 0) r r � Source: Energy Information Administration Need Help? 010 phone:202-586-8800 Ao ,c1 3 email: ov infoctr eia.d e. � 0 9 Specialized Services from NEIC For Technical Problems ahteitt phone:202-586-8959 email:wmaster@eia.doe.gov Energy Information Administration,El 30 G/d)t) 1000 Independence Avenue,SW Washington,DC 20585 Home 1 Petroleum 1 Gasoline 1 Diesel 1 Propane 1 Natural Gas I Electricity I Coal I Nuclear Renewables I Alternative Fuels I Prices I States I International I Country Analysis Briefs Environment I Analyses I Forecasts I Processes 1 Sectors http://tonto.eia.doe.goes/oog/info/wohdp/diesel_detail report.asp 1/16/2006 Page 1 of 2 Allied Waste Fuel Recovery Fee Table All Price Per Gallon Information From DOE DOE Avg DOE Avg DOE Avg DOS Avg Price Per Fuel Price Per Fuel Price Per Fuel Price Per Fuel Gallon at Recovery Gallon at Recovery Gallon at Recovery Gallon at Recovery Least: Fee Least: Fee Least: Fee Least: Fee, $ 1.45 4.51% $ 1.94 6.03% $ 2.43 7.56% $ 2.92 9.08% $ 1.46 4.54% $ 1.95 6.06% $ 2.44 7.59% $ 2.93 9.11% $ 1.47 4.57% $ 1.96 6.09% $ 2.45 7.62% $ 2.94 9.14% $ 1.48 4.60% $ 1.97 6.13% $ 2.46 7.65% $ 2.95 9.17% $ 1.49 4.63% $ 1.98 6.16% $ 2.47 7.68% $ 2.96 9.20% $ 1.50 4.66% $ 1.99 6.19% $ 2.48 7.71% $ 2.97 9.23% $ 1.51 4.69% $ 2.00 6.22% $ 2.49 7.74% $ 2.98 9.27% $ 1.52 4.73% $ 2.01 , 6.25% $ 2.50 7.77% $ 2.99 9.30% $ 1.53 4.76% $ 2.02 6.28% $ 2.51 7.80% $ 3.00 9.33% • $ 1.54 4.79% $ 2.03 6.31% $ 2.52 7.84% $ 3.01 9.36% $ 1.55 4.82% $ 2.04 6.34% $ 2.53 7.87% $ 3.02 9.39% $ 1.56 4.85% $ 2.05 6.37% $ 2.54 7.90% $ 3.03 9.42% $ 1.57 4.88% $ 2.06 6.40% $ 2.55 7.93% $ 3.04 9.45% $ 1.58 4.91% $ 2.07 6.44% $ 2.56 7.96% $ 3.05 9.48% $ 1.59 4.94% $ 2.08 6.47% $ 2.57 7.99% $ 3.06 9.51% $ 1.60 4.97% $ 2.09 6.50% $ 2.58 8.02% $ 3.07 9.55% $ 1.61 5.01% $ 2.10 6.53% $ 2.59 8.05% $ 3.08 9.58% $ 1.62 5.04% $ 2.11 6.56% $ 2.60 8.08% $ 3.09 9.61% $ 1.63 5.07% $ 2.12 6.59% $ 2.61 8.12% $ 3.10 9.64% $ 1.64 5.10% $ 2.13 6.62% $ 2.62 8.15% $ 3.11 9.67% $ 1.65 5.13% $ 2.14 6.65% $ 2.63 8.18% $ -i8.12 9.70% $ 1.66 5.16% $ 2.15 6.68% $ 2.64 8.21% $ 3.13 9.73% $ 1.67 5.19% $ 2.16 6.72% $ 2.65 8.24% $ 3.14 9.76% $ 1.68 5.22% $ 2.17 6.75% $ 2.66 8.27% $ 3.15 9.79% 1.69 5.25% $ 2.18 6.78% $ 2.67 8.30% $ 3.16 9.83% $ 1.70 5.29% $ 2.19 6.81% $ 2.68 8.33% $ 3.17 9.86% $ 1.71 5.32% $ 2.20 6.84% $ 2.69 8.36% $ 3.18 9.89% $ 1.72 5.35% $ 2.21 6.87% $ 2.70 8.39% $ 3.19 9.92% $ 1.73 5.38% $ 2.22 6.90% $ 2.71 8.43% $ 3.20 9.95% $ 1.74 5.41% $ 2.23 6.93% $ 2.72 8.46% $ 3.21 9.98% $ 1.75 5.44% $ 2.24 6.96% $ 2.73 8.49% $ 3.22 10.01% $ 1.76 5.47% $ 2.25 7.00% $ 2.74 8.52% $ 3.23 10.04% $ 1.77 5.50% $ 2.26 7.03% $ 2.75 8.55% $ 3.24 10.07% $ 1.78 5.53% $ 2.27 7.06% $ 2.76 8.58% $ 3.25 10.10% $ 1.79 5.57% $ 2.28 7.09% $ 2.77 8.61% $ 3.26 10.14% $ 1.80 5.60% $ 2.29 7.12% $ 2.78 8.64% $ 3.27 10.17% $ 1.81 5.63% $ 2.30 7.15% $ 2.79 8.67% $ 3.28 10.20% $ 1.82 5.66% $ 2.31 7.18% $ 2.80 8.71% $ 3.29 10.23% $ 1.83 5.69% $ 2.32 7.21% $ 2.81 8.74% $ 3.30 10.26% $ 1.84 5.72% $ 2.33 7.24% $ 2.82 8.77% $ 3.31 10.29% $ 1.85 5.75% $ 2.34 7.28% $ 2.83 8.80% $ 3.32 10.32% $ 1.86 5.78% $ 2.35 7.31% $ 2.84 8.83% $ 3.33 10.35% $ 1.87 5.81% $ 2.36 7.34% $ 2.85 8.86% $ 3.34 10.38% $ 1.88 5.85% $ 2.37 7.37% $ 2.86 8.89% $ 3.35 10.42% $ 1.89 5.88% $ 2.38 7.40% $ 2.87 8.92% $ 3.36 10.45% http://www,dis osal.comIFuel%20Recovery%20Fee%2OTable.htm 1/6/2006 � WYLIE CITY COUNCIL AGENDA ITEM NO. October 28, 2003 Issue Consider and act upon authorizing the City Manager to enter into negotiations with Trinity Waste Services to extend the current contract. Background The current contract with Trinity Waste Services was approved by the City Council in 2000. The effective date of the contract is September 1, 2000 with a term of five (5) years. The initial five (5) year term may be extended for an additional five (5) years with the mutual agreement of both parties. Trinity Waste has requested that the extension be granted so that they can adequately plan for future equipment replacement (please see attached letter dated September 29, 2003). Trinity has offered to maintain their current rate schedule until September 1, 2004. At that time, any rate increase would be based on the previous twelve (12) month period (please see attached letter dated October 15, 2003). The last rate increase to take place was effective September 1, 2001 and was based on a rise in the CPI of 3.6%. Per the existing contract, Trinity may adjust rates to cover increases in costs due to: (i) changes in laws, ordinances or regulatory requirements, (ii) orders, judgments, or directives of any court or government body; (iii) increased costs due to changes in location of disposal facilities and/or increases in disposal costs; (iv) changes reflected by fluctuations in the CPI in the Dallas-Fort Worth area. If Trinity's operation costs increase, they may petition the City for rate adjustments no more than once every 12 months, with the increase not exceeding 5% of the rates in force at the time. In negotiating an extension, staff will be evaluating any issues regarding service delivery, performance measures and marketing efforts. Other Considerations N/A Financial Consideration N/A Board/Commission Recommendations N/A Staff Recommendations N/A Attachments Letters from Trinity Waste dated September 29, 2003 and October 15, 2003. Prepared by Reviewed by Finance City Manager Approval • TEINOTY WASTE SE 1:2\/1C ES October 23, 2003 ' '•Biff Johnson City Manager City of Wylie • 2000 Hwy 78 N Wylie, Texas 75098 Re: Amendment to Solid Waste Collection/Disposal and Recycling Contract Dear Mr. Johnson: Per our conversation on October 22, 2003 Trinity Waste Services recommends the following changes and additions to our current contract: Section 12.00 Term The Contract term shall be extended for a period ending August 31, 2008. The term of this Contract may be extended for successive additional five (5)year terms with the mutual agreement of both parties. Section 15.02 Modification to Rates After September 1, 2004 the Contractor may adjust the rates contained herein during the term of this Agreement to fully cover increases in costs resulting from (i) changes in any laws, ordinances, regulatory requirements for guidelines (including changes in construction or interpretation thereof or change in the manner of method of enforcement thereof); (ii) orders, judgments or directives of any court or governmental body of instrumentality thereof; or (iii) increase costs due to changes in location of disposal facilities and/or increases in disposal costs; (iv) changes reflected by fluctuations in the Consumer Price Index for Urban Wage Earners and Clerical Workers published by the U. S. Department of Labor, Dallas-Fort Worth area. Should its operation costs increase, the Contractor may petition the City for rate adjustments no more than once every twelve (12) months during the term of this Contract. Any proposed rate adjustment shall be submitted to City as soon as practicable and be accompanied by adequate cost justification and documentation to allow for proper review by the city, which petition shall not be unreasonably denied. Increase not to exceed 5% of the rates in force at the time of the requested adjustment. Section 17.00 Non-Exclusive Contract The Contractor will have a 99%franchise, license and privilege to provide refuse collection and removal and recycling collection within the corporate limits of the City. The Contractor shall at all times have the right to first refusal to the collection of Dead Animals and Hazardous Waste from Residential Units and from Commercial and Industrial Units. TRINITY WASTE SERVICES,4200 E. 14th Street, Plano,Texas 75074-7102 Phone: (972)422-2341 Toll Free: (800)766-1758 Fax: (972)422-6456 Printed on recycled paper TOTY W TE SER 'I ES Section 28.02 Spring Clean-Up Campaign (a) Contractor shall provide up to twenty-five (25) thirty (30) cubic yard roll off containers at a centralized spring clean-up campaign. Each year thereafter, an additional free roll- off container will be furnished by the Contractor. A minimum of eight (8) containers shall be maintained on site at all times. Five(5)of Contractor's free roll off hauls should allow the City to defer costs associated with disposing of tires and batteries collected during the spring clean-up campaign. (b) Contractor shall provide free collection and disposal to the City, up to a maximum of twenty(20)hauls of thirty(30)yard roll-off containers. In addition to the above: Contractor agrees to furnish informational flyers detailing solid waste, recycling and bulk collection. Contractor also agrees to support further environmental educational opportunities within the City of Wylie, as relating to, flyers, booths, displays, presentations, etc. during the months of April (Earth Day), November (Texas/America Recycles Day), and other local festivals or events, up to a total of two per year as requested by the City. Tours of our Material Recovery Facility located in Piano are also available to Schools, Community and Civic organizations, and the City for educational recycling promotions upon a scheduled basis. Contractor agrees to link the Trinity Waste website to the City of Wylie's Website Solid Waste information and list the City of Wylie information on the Trinity Website. This information would include the City of Wylie solid waste and recycling program schedules, materials included in recycling and other customer related information relative to the services provided. Contractor agrees to deliver polycarts within seventy-two (72) hours of receiving the request from the City. If request is not completed within seventy-two (72) hours a penalty of$2.00 per day per request can be assessed to Contractor. • S incerel sc=,.. 1*--- Tom Sellers General Manager Trinity Waste Services 4200 E. 14th. St. Piano, Texas 75074 OCT-15-2003 10;18 P.01/01 T OMIT N.A1.4.4.WTE se W....ei E October 15,2003 Biff Johnson City Manager City of Wylie 2000 Hwy 78 N Wylie,Texas 75098 Re: Solid Waste Collection/Disposal and Recycling Contract Dear Mr. Johnson: current rates would be held extension request states our Our September 29, 2003 contract � be based on the 2004. At that time, any rate increase request until September 01, would contract. twelve(12)monthE eriod as noted inn Section 15.02 of our currentprevious p If additional information in required,please advise. Sincerel Len Lyons Municipal Marketing Manager Trinity Waste Services■1450 F.Cleveland Road•Hutchins,Texas 75141 �� Phone 972-225-4207•972-275-R15I ge Toll Free 800-32-TRASH•800-234-438t) Primed on ra�rC�9d Paper Fax 972-225-7530•972-225-742,4 TOTAL P.01 4 mark / % Th SERVICES TrizoN1Ty September 29, 2003 Buff Johnson City Manager City of Wylie 2000 Hwy. 78 N Wylie, Texas 75098 Re: Solid Waste Collection/Disposal and Recycling Contract Dear Mr. Johnson: Trinity Waste Services takes great pride in servicing the Solid Waste Requirements for the City of Wylie. Our service and commitment to our contract cities is second to none. Our current term with the Cityof Wylie expires August 31, 2005. To �' p gbetter plan for the equipment replacement in the years to come, Trinity is requesting a five (5) ear contract y extension. As an incentive for the City, Trinity would maintain our current rate schedule until September 1, 2004. Our last rate increase was September 1,2001. We appreciate the City of Wylie's business and look forward to a continued partnership. Sincerely, Len Lyons Municipal Marketing Manager LL/vdw Trinity Waste Services• 1450 E.Cleveland Road•Hutchins,Texas 75141 Phone 972-225-4207•972-225-8151 Toll Free 800-32-TRASH i 800-234-4389 Pa Fax 972-225-7530•972-225-7424 Printed on recycled paper Roc: , . SOLID WASTE & RECYCLING CONTRACT BETWEEN THE CITY OF WYLIE, TEXAS AND BROWNING-FERRIS INC. Effective September 1,2000 a GENERAL SPECIFICATIONS 1.00 GRAINIT -- 1 - 2.00 DEFINITIONS -- 1 -- 2.01 Bags 2.02 Bins - 1 - 2.03 Bulky Waste 2.04 Bundle ` 1 - 2.05 City - 1 - 2.06 Commercial and Industrial Refuse - 2 2.07 Commercial and Industrial Unit ` 2 2.08 Commercial Hand Collect Unit - 2 - 2.09 Commodity ~ 2 - 2.10 Commodity Buyer er " 2 " 2.11 Construction Debris - 2 - 2.12 Container - 2 - 2.13 Contractor - 2 - 2.14 Dead Animals - 2 - 2.15 Disposal Site ` 2 P ., 2.16 Garbage - 3 - 2.17 Hazardous Waste • - 3- 2.18 Holidays - 3 2.19 Poly cart Container - 3 - 2.20 Producer - 3 - 2.21 Recyclable Commodities 3 2.22 Recycling Container - 3 �. 2.23 Refuse - 3 " 2.24 Residential Refuse - 3 2.25 Residential Unit 2.26 Rubbish - 4 2.27 Stable Matter - 4 3.00 SCOPE OF WORK - 4 4.00 COLLECTION OPERATION - 4 - 4.01 Service Provided - 4 - 4.02Polycarts Location of Bins, Containers,Bags and Bundles for Collection - 5 - 5.00 COLLECTION OPERATION - 5 - 5.01 Hours of Operation - 6 - P .. 5.02 Routes of Collection - 6 - 5.03 Holidays - 6 5.04 Complaints - 6 - 5.05 Collection P E4 ui ment - 7 - 5.06 Office - 7 - 11 -- 5.07 Hauling - 7 5.08 Disposal 7 - 5.09 Notification - 5.10 Point of Contact - 7 - 6.00 COMPLIANCE WITH LAW - - 7.00 EFFECTIVE DATE - - 8.00 NONDISCRIMINATION - - 9.00 INDEMNITY - - 10.00 INDEPENDENT CONTRACTOR - - 11.00 LICENSES AND TAXES - - 12.00 TERM - - '3.00 INSURANCE - 9 - 14.00 BOND -.10 - 14.01 Performance Bond - 10 - 14.02 Power of Attorney - 10 - 15.00 BASIS AND METHOD OF PAYMENT - 10 - 15.01 Collection and Disposal Rates - 10 - 15.02 Modification to Rates - 10 15.03 Contractor to Act as Collector - 11 - 15.04 Delinquent and Closed Accounts - 11 - 15.05 Contractor Billings to City - 11 - 16.00 TRANSFERABILITY OF CONTRACT - 11 - 17.00 EXCLUSIVE CONTRACT - 12 - 18.00 OWNERSHIP - 12 - 18.00 FRANCHISE FEE - 12 - 20.00 BOOKS AND RECORDS - 12 - 21.00 TERMINATION FOR CAUSE - 12 22.00 NOTICES - 13 - — 23.00 13 - 24.00 AlvD --MENT - 13 - • 25.00 FDlicURE 13 - 26.00 E1TY - 14 - 27.00 coT - 14 - 28.00 SPECL PRO - 14 - 28.01 giZacilitles - 14 - 28.02 S rin - 14 - 28.03 pavement Dage nAlle - 14 - 28.04 Contract PeoCReview - 14 - ATTACHMENT A - 17. - ATTACEIMENT B PERFORMANCE STANDARDS - 19 - I. Residential and Commercial Hand Collection - 18 - U. Residential Recycling - 20 - Commercial Container Collection - 20 - IV. General - 21 - ANTI-SCAVENGING ORDINANCE - 22 - — iv CONTRACT • dayof , 2000, by and THIS CONTRACT, made and entered into this . ' ' Corporation of Collin County, Texas, (hereinafter between the City of Wylie, Texas a Municipal rp =� "City") and Browning-Ferris, Inc., (hereinafter called "Contractor"). called the Browning -Ferris, SETH: • Contractor toprovide Solid Waste and Recyclable Materials WHEREAS,the parties hereto desire for such work as mayin accordance with Collection within the City and to perform be incidental thereto the terms of this Contract. mutual agreements and covenants, it is NOW, THEREFORE, in consideration of the following and weed byand between the parties hereto as follows: understoodgr 1.00 GRANT BE shall be granted the exclusive right to provide refuse collection, removal and disposal recyclable materials for the Residential, Commercial and seances and collection of y Industrial Units within the corporate limits of the City, as specified and described in the is hereby Further, the Contractor granted a franchise, license and privilege within the territorial jurisdiction of the and shall furnish all personnel, labor, City items necessaryto equipment,trucks, and all other provide refuse collection, removal and disposal services, and recycling i collection as specified and to perform all of the work ng� p called for and described in the Contract. 2.00 DEFINITIONS - sacks designed to store Refuse with sufficient wall strength to 2.01 BagsPlasticgn maintain physicalintegrity'nto •t y when lifted by the top. Total weight of a bag and gn its contents shall not exceed 40 lbs. 2.02 Bps-Metal receptacles designed to be lifted and emptied mechanically for use p gn only at Commercial and Industrial Units. ('� Waste - refrigerators,water tanks, washing machines, furniture 2,03 Bulky r■i�7Le Stoves, g i and other waste ma terials other than construction debris, dead animals, hazardous waste or stable matter with weights or volumes greater than those allow ed for Bins, Containers or Polycarts, as the case may be. b and brush trimmings or newspapers and magazines 2.04 Bundle Tree, shrub securely tied together an formingeasilyhandled package not exceeding four feet in length or the amount that can be lifted by two men. 2.05 City- City of Wylie, Texas. - 1 - _ All BulkyWaste, Construction Debris, ial and Industrial Refuse 2.06 CorivrnercProducer at a Commercial Garbage,Rubbi sh and Stable Matter generated by a and Industrial Unit. 2.07 Commercial and Industrial Unit--All premises, locations or entities, public or private, requiring' ' Refuse collection within the corporate limits of the City not a Residential Unit. Unit-A retail or light commercial 2.08 Commercial Hand Collect type of business�'which generates no more than . 14, 30-gallon allon bags or containers of refuse per week. in a 2.09 Commodity - Material that can be soldspot or future market for processingand use or reuse. Buyer- A buyer or processor, selected by Contractor pursuant 2.10 commodity y to the Contract Documents, of Recyclable Materials delivered by Contractor. 2.11 construction Debris -Wastebuilding materials resulting from construction, remodeling, p re air or demolition operations. • with a capacity of greater than 20 gallons but less 2.12 Container- A receptacle p Y than 35 gallons constructed pl astic,lastic, metal or fiberglass, having handles of lifting, and having a tight fitting lid capable of adequate strength for preventing entrance into the container by vectors. The mouth of a container ater than or shall have a diameter gre equal to that of the base. The weight of a Container and its contents shall not exceed 60 lbs. 2.13 Contractor-Browning Ferris, Inc. 2.14 Dead Animals - Animals or portions thereof equal to or greater than 10 inexpired from anycause, except those slaughtered pounds weight,that have xp or killed for human use. Refuse depository including but not limited to sanitary 2.15 Disposal Site - A p ry stations, incinerators and waste processing/separation transfer . • or approved byall governmental bodies and centers licensed, permitted pp . and requiring such licenses, permits or approvals agencies having jurisdictionq to receive Refuse and/or Dead Animals for processing or final disposal. .. 2 - Animals of less than 10 pounds in weight, except 2.16 Garbage-Any and all Dead human consumption; every accumulation of waste those slaughtered for P and/or other matter) that results from the preparation, (animal' vegetable . dealing in, handling, packing, canning, storage, processing, consumption, fowl birds decayor decomposition of meats, fish, transportation, fruits, grains or other animal or vegetable matter (including, but not by way of g cans and other food containers; and all putrescible or limitation, that used tin easily decomposable waste animal or Vegetable matter which is likely to attract flies or rodents); t, (in all cases) any matter included in the excep definition of Bulky Wa ste, Construction Debris, Dead Animals, Hazardous Waste, Rubbish or Stable Matter. amount, which is defined, characterized or 2.17 Hazardous Waste--waste, In any ardous b the United States Environmental Protection designated as haz Y Agency or appropriateagency State byor pursuant to Federal or State law, or waste, in any amount, which is regulated under Federal or State law. For � the term Hazardous Waste shall also include motor purposes of this Contract, oil, gasoline, paint and paint cans. 2.18 Holidays -- The following shall be holidays for the purpose of this Contract: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. 2.19 Polycart Container-A rubber wheeled container,having a maximum capacity of 95 gallons, designed for automated or semi-automated solid waste collection system s. Construction shall be injection molded polyethylene. 2.20 Producer An occupant of a Commercial Unit,Industrial Unit or a Residential Unit who generates Refuse. 2.21 Recyclable Commodities -Material collected by the Contractor pursuant to the contract documents, which can be sold in a spot or future market for processing and use or reuse including, but not limited to, newsprint, magazines, plastic (PET and HDPE), glass containers, aluminum cans and metal (tin) cans. 2.22 lecycling, Container - A plasticreceptacle,tacle, designed for the purpose of P curbside collection recycling of rec commodities, with minimum capacity of 18 gallons. term shall refer to Residential Refuse and Bulky Waste, 2.23 Refuse - This . and Stable Matter generated at a Residential Unit, unless Construction Debris the context other wise requires, and Commercial and Industrial Refuse. • All Garbage and Rubbish generated by a Producer at a 2.24 Residential Refuse g Residential Unit. 3 .. • corporate limits of the City occupied Unit-A dwelling within the • . 2.25 Residential . . more than four families. A group ofpersons comprising not by a person or gr p water or domestic light • deemed occupied when either Residential Unit shall be ' 'urn dwelling, ' supplied thereto. A condominium andpower services are being pp � four or less construction, consisting of of single or multi-level whether � shall b e treated as a dwelling us or separate single-familyunits, . contiguous P _ dwelling within any such • except that each single-family Residential Unit, ex p Residential Unit. be billedarately as a se Residential Unit shall P ducts tree trimmings, grass cuttings, -- All waste wood, wood pro 2.26 BbbJsh thereof, chips, shavings, weeds, leaves, dead trees or dead plants, branchesstrav�r used and discarded printed matter, paper, pasteboard, rags, sawdust, and discarded shoes and boots, clothing, used and combustible waste pulprocke and are used for packaging, or wrapping crockery other products such as • sweepings, mineral or metallic substances, cinders floor glass . . glass, ashes, � the definition of Bulky waste materials not included in and any and all other ous Waste or Waste, Construction Debris,Dead Animals, Garbage, Hazard D Stable Matter. normally accumulated in r-All manure and other waste matter n y . 2.27 Stable Matte enclosure, and resulting or anyarvmal,livestock or poultry or about a stable, . ' of animals,poultry or livestock. from the keeping 3.00 SCOPE OF WORK ' of the items contained in the Performance The work under this Contract shall consist . items s equipment, labor and all other in all the supervision, materials, Standards, including P Documents. A copy work in accordance necessary to complete said with the Contract"B" and made a part hereof saidStandards is attached hereto as Exhibit of Performance for all purposes. 4.00 COLLECTION OPERATION 4.01 Service Provided collection service for the collection shallprovide curbside or alley (a) Contractor one (1) time per week. • ch Residential Unit of �t.esidential Refuse to ea at curbside by 7:00 a.m. on the designated of cart Containers shall be placed P yl fit into the Polycart Container collection day. All Residential Refuse shall with the lid closed. collection service for the collection of shallprovide curbside . (b) ContractorUnit one (1) time per week. each Residential Recyclable Materials from y curbside by7.00 a.m. on the designated Containers shall be placed at collection day. ' Bin Collection service for the collection of Contractor shall pravxde .(c) Commercial and Industrial Units Commercial and Industrial Refuse to Commercial individual a eement. The Contractor shall provide . according to �' Hand Collection service for Commercial Hand Collect units as defined in 2.08 of definitions. provide for the special collection from Residential Units The Contractor shall p(d) Matter. Also,the Contractor Waste, Construction Debris and Stable . of Bulky and provide for the special collection of Dead Animals may from time to time P • . Hazardous Waste at Co mmercial and Industrial Units and Residential Units itsdiscretionupon such terms and conditions as Contractor shall at sole and p specify.. (See paragraph 15.01(b).) �Y n of collected refuse to the landfill site (e) Contractor shall provide transportation operator. which responsibilityis solely that of the landfill for disposal, transportation and processing of collected recyclables (f) Contractor shall provide p to the Recyclery. Contract does not include the collection and disposal of fig} The work under this any increased volum e resulting from a flood, tornado or similar or different h the Contractor has no control. In the event of such Act of God over which other Act of God, the Contractor and the City will a flood, tornado, or negotiate the paymen t to be made to the Contractor. Further, if the City and the Contractor reach �such an agreement, then the City shall grant the Contractor variances in routes and schedules as deemed necessary by the Contractor. 4.02 jocation of Polycarts BinsContainersBags and Bundles for Collection (a) Each Polycart, Container, Bag, Recycling cling Container and Bundle shall be placed at curbside for collection. Curbside refers to that portion of right-of- way adjacent topaved or traveled Cityroadways(including alleys). Polycarts, Bags and Bundles shall be placed as close to the roadway as Containers, erfering with or endangering the movement of vehicles practicable without ant or pedestrians. When construction work is being performed in the right-of- way, Polycarts, Containers, Bags and Bundles shall be placed as close as to an access point for the collection vehicle. Contractor may practicable • Polycart, Container,Bag and Bundle not so placed or decline to collect any y anY Residential Refuse not contained in a Polycart. provide Bins for Commercial and Industrial Units whenever (b) Contractor shall . Each Bin shall be placed in an accessible, outside customers request their use. location on a concretepad ad according to individual agreement. Contractor * may decline to collect Refuse in Bins not so placed. Placement of bin and c size/construction of concrete pad shall be such that the front wheels of on pad vehicles shall rest entirelythe while bin is lifted and emptied. 5.00 COLLECTION OPERATION 5.01 Hours of Operation (a) Collection of Residen tial Refuse shall not start before 7:00 a.m. or continue 7:00the same day. Exceptions to collection hours shall be after p.m. on Y affected only upon �the mutual agreement of the City and Contractor, or when Contractor reasonablydetermines that an exception is necessary in order to collection on an existing collection route due to unusual complete circumstances. (b brush and bulky Collection of residentiallk5' waste, commercial and industrial refuse shall take place according to individual agreement. 5.02 Routes of Collection (a) Residential Unit and Commercial collection routes shall be established by the Contractor. Contractor shall submit a map designating the Residential Unit Collection routes to the Cityfor their approval, which approval shall not be . abl withheld. Cityshall publish at its expense at least once during unreasonably each calendaryear a map of such Residential Unit collection routes in a newspaper published in the immediate area. The published map shall be of such size to clearly show all pertinent information. The Contractor may from time to time proposeCityfor approval, changes in routes or days of to PP collection affectingResidential Units, which approval shall not be unreasonably withheld. UponCity'sapproval of the proposed changes, City P give written or published notice to the affected Residential shall promptly Units. (b) Commercial and Industrial Unit collection routes shall be established by the Contractor at its sole discretion. 5.03 Holidays Contractor may decide to observe anyof the Holidays mentioned hereina, but such decision n in no manner relieves Contractor of his obligation to provide � Refuse col lection service at Residential Units at least once per week. 5.04 Complaints-.All complaints m laints shall be made directly to the Contractor and shall be given prompt and courteous attention. In the case of alleged missed ions the Contractor shall investigate and, if such allegations scheduled collections,are verified, shall arrange for the collection of the Refuse not collected within 24 hours after the complaint is received. C i 5.05 collection ment-.The Contractor shall provide an adequate number of E u • Bins and other • collection services. All vehicles, vehicles for regular 't condition ingood repair,appearance, and in a sanitary equipment shall be kept P . • side the identity have clearlyvisible on each at all times. Each vehicle shall and telephone number of the Contact or. Bins for food service establishments shall be exchanged at least one time per year. . . ' •n an office or such other facilities within 5.06 Qffic&�-The Contractor shall maintain which theycan be contacted. It shall be closeproximity to the City through . shall have a responsible person in equipped with sufficient telephones and Monday through Friday. from 8:00 a.m. to 5:00 p.m. M y charge ' between City, Contractor and/or a Non-Collection - Should a dispute arise y, . 5.07 Non Co _ actuallyfailed to make a collection customer as to whether Contractor . . . ' the decision of City's Mayor in such Contractor missed aPick-"ups, • . . (whetherabide bysaid decision. shall be final and City and Contractor agree to matter � reason for such provide notice to the customer of the Contractor shall also such non-collection is the result of the customer's non collection sunless . . refuse or containers out for collection). failure to timely place the . . • customer shall be in writing, attached to the Contractor's nonce to the , • residence or commercial business and shall container or the front door of the , ' and the correction required in order that indicate the nature of the violation such garbage may then be collected at the next regular collection date. that the collection and disposal of S JnterruptiOfl of Service -- In the event5'� n reason for more than forty accept able waste should be interrupted by any . . right to make temporary independent t hours, Cityshall have the . forty- eight service to its residents arrangements for purposes of continuing this necessary P rP e and contractor thesafety,in order to provide and protect public health and saf Cityexpenses associated therewith within ten days shall paythe all costs and . interruption of service mentioned notice of the costs and expenses. If the . of snot the result of a for a period of seventy-two hous and i above continues p force mature, then City shall have the right to terminate this contract. HaulingAll Refuse hauled by the Contractor shall be contained, tied or 5.09 enclos ed so that leaking, spilling or blowing are reasonablyrevented.p -All Refuse collected for disposal by the Contractor shall be hauled 5.10 pisposal to a Disposal Site. Cityall Producers at Residential Units about Notification - The shall notify 5.11 for scheduled Refuse rates, regulations, and day(s) complaint procedures, collection. All dealing, contacts, etc.,between the Contractor and the 5.12 Point of Contact City shall be directed bythe Contractor to the City Manager or the City Finance Director. 6.00 COMPLIANCE WITH LAW The Contractor shall conduct operati ons under this Contract in compliance with all provided however, the General Specifications of this Contract shall applicable laws; provx govern the obligati ons of the Contractor where there exists conflicting ordinances of the City on the subject. 7.00 EFFECTIVE DATE This Contract shall become effectiveupon u on the execution hereof by all parties and performance shall begin on September 1, 2000. 8.00 NONDISCRIMINATION Contactor shall not discriminateagainst any person because of race, sex, age, creed, The Co � color, religion, or national origin. 9.00 INDEMNITY The Contractor will indemnify and save harmless the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, p yees y demands, damages, expenses, and attorneys'fees incident to any work done in the costs, performance of this Contract arisingout of a willful or negligent act or omission of the Contractor, its officers, agents, servants and employees; provided, however, that the Contractor shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorneys'fees arising out of a willful or negligent act or g omission of the City, its officers, agents, servants and employees. 10.00 INDEPENDENT CONTRACTOR Contractor is and shall at all times be deemed to be an independent contractor and shall Ca y wholl� theservices responsible for the manner in which it performs required of it be p under the terms of this contract. Nothing herein contained shall be construed as creating of employer and employee, or principal and agent, between City and arelationship r an of Contractor's agents or employees. Contractor assumes exclusively contractor o y g the responsibility for its acts and the acts of its employees as they relate to the services duringthe course and scope of their employ. Contractor, its agents and to be provided , P } not be entitled to anyrights or privileges of City's employees and shall employees shall � not be conidered in any manner to be a City employees). 11.00 LICENSES AND TAXES • and ermits (other than the license and permit shall obtain all licenses p The Contractorpromptlythe� and bythe State. andpay all taxes required by granted by the Contract) 12.00 TERM year period beginning September 1, 2O0O and ending The contract shall be for a five[5}five(5)years thereafter. The initial term of this contract may be extended for successive additional five(5)year terms with the mutual agreement of both parties. 13.00 INSURANCE maintain in full force and effect., The Contractor shall at all times during the Contract Compensation, Public Liability Employer's Liability, Worker's and Property Damage p . . ' ' ' coverage for the provisions of Section 9.00. All Insurance,including contractual liability g , insuranceforpolicylimits acceptable to the City; and before shall be by insurers and the Contractor agrees to furnish to the City commencement of work hereunder , • evidence satisfactoryto the City to the effect that such certificates of insurance or other insurance has been procured and is in force. The certificates shall contain the following express obligations: "Thisthat the policies of insurance described herein have is to certify been issued to the insured for whom this certificate is executed and are in force at this time. In the event of cancellation or material change in a policy affecting the certificate holder, thirty (30) days prior written notice will be given the certificate holder." For the purpose of the Contract, the Contractor shall carry the following types of insurance in at least the limits specified below: Worker's Compensation Statutory • Employer's Liability $500,000 pto er y Liability $50O,OOO each occurrence Bodily Injury Except Automobile $1,00O,O0O aggregate Property Damage Liability $50O,000 each occurrence Except Automobile $500,000 aggregate Automobile Bodily Injury $50O,000 each person Liability•abd3- •ty $1,O0O,O00 each occurrence Automobile Property g Damage $500,000 each occurrence Excess Umbrella Liability $5,00O,0O0 each occurrence . insure the above public liability and As an alternative to the above, Contractor may respect to insurance. Each insurance policy with roe coverage under a plan of self insuof P P � g self insured retention of an amount public liabilityinsurance may provide for a 4 publ� insurer to the extent the coverage So 000 with the result that the Contractor is its own �� corporation. The Contractor agrees to maybeprovided by the Contractor's parent . Cityevidencing such plan of self furnish the City with certificates satisfactory theto insurance. 14.00 BOND 14.01 Performance Bond The Contractor will be required to furnish a corporate • performance of this Agreement. S ai d surety. suretybond as security for the . with no pro rata reduction over must be in the amount of$100,000.00, bond the term of the Agreement. Attorneys-in-fact who sign performance bonds or 14.�2 Power of Attorney --contract bonds must file w�th' each bond a certified and effectively dated copy of their Power of Attorney. 15.00 BASIS AND METHOD OF PAYMENT 15.01 Collection and Disposal Rates • required to be performed pursuant to Sections The rate for collection services ,} ��(a) Exhibit A attached hereto shall be the rates set forth in ,4.�1 �a}, �} �d(c) " subject to adjustment in accordance with Section and made a part hereof, J 15.02. ' the Contractorpursuant to Section 4.01 (d), Fors special collection provided by (b) P and Producer prior are to be negotiated between the Contractor . the chargesa b e submitted If agreement cannot be reached, the matter may to collection. gr to the City for determination of a reasonable fee. provided bySections 15.01 (a)-(c) shall include (c) The Refuse collection charges prow all disposal costs. be marketable for a period anyCommoditycollected shall not In the event that(d) mutual agreement, shall 60 days or longer, City and Contractor upon • of y and this Commodityfrom the Recyclable Materials program eliminate that Contract. • mayadjust the rates contained herein 1 5,�2 Modification to Rates -The Contractor . thisfullycover increases in costs resulting the term of Agreement to , during . laws, ordinances, regulatory requirements or from (i) changes in any�d• elines (including changes in construction or interpretation ther eof or change in the ma nner or method of enforcement thereof); (ii) orders, ,judgments or directives of anycourt or governmental body of instrumentality thereof or(iii) increased costs due to changes in location of disposal facilities increasesi n disposal costs; (iv) changes reflectedd by fluctuations in the andlor p Consumer Price Index for Urban Wage Farriers and Clerical Workers published b the U.S. Department of Labor, Dallas-fort Worth area. y P Should its ope ration costs increase, the Contractor may petition the City for rate adjustm ents no more than once every 12 months during the term of this Contract. Anyproposed rate adjustment shall be submitted to city as soon as practicableaccompanied by adequate cost justification and and be documentation to allow for proper review by the City,which petition shall not P P be unreasonably denied. Increase not to exceed 5% of the rates in force at the time of the requested adjustment. 15.03 Contractor to Act as Collector-The Contractor shall submit statements to and col lect from all Commercial and Industrial Units for services provided by the Contractor pursuant to Section 4.01(c} (including Commercial Hand Collect and Shared Dumpsters). 15.04 Delinquent and Closed Accounts (a) Th e Contractor shall discontinue Refuse collection service at any Residential Unit as set forth in a written notice sent to it by the City. Upon further notification bythe City,the Contractor shall resume Refuse collection on the �Y? . next regularly scheduled collection day. The City shall indemnify and hold the Contractor harmless from any claims, suits, damages, liabilities or expenses (includingbut not limited to expenses of 1riVestigation and attorney's fees) resulting from the Contractor's discontinuing service at any location at the direction of the City. (b) The Contractor shall have the right to discontinue Refuse collection service at anyCommercial and Industrial Unit, Commercial Hand Collect, or Shared Dumpster delinquent in its payments. 15.05 Contractor Billings to City - The Contractor shall bill the City for service re ndered to Residential Units within ten (10) days following the end of the month and the City shall pay the Contractor on or before the 15th day following receipt recei t of the invoice. Such billing and payment shall be based on the price rates and schedules set forth in the Contract Documents. The Contractor shall be entitled to payment for services rendered to Residenti al al Units irrespective of whether or not the City collects from the customer for such service. 16.00 TRANSFERABILITY OF CONTRACT of the Contract or any right than by operation of law,no assignmentight accruing under. this whole or in part by the Contractor without the express Contract shall b e made in written consent of the City, which consent shall not be unreasonably withheld. In the event of any assignment, thegn assignee shall assume the liability of the Contractor as though it was the original Contracting Party. 17.00 EXCLUSIVE CONTRACT The Contractor shall have the sole and exclusive franchise, license and privilege to provide refuse collection andrecycling removal and re cling collection within the corporate limits of the City. The Contractor shall at all times have the right to first refusal to the collection of Dead Animals and Hazardous Waste from Residential Units and from Commercial and Industrial Units. 18.00 OWNERSHIP Dead Animals and Recyclable Materials shall pass to the Contractor Title to Refuse , Z3 e y when placed in Contractor's collection vehicle, removed by Contractor from a Bin or Container, or removed by Contractor from the customer's premises, whichever last occurs. 19.00 FRANCHISE SEE percent(15%) of all amounts received by the The Contractor shallpayto the City fifteen ' Contractor for all Commercial and Industrial Refuse collection and disposal services this Contract. Such payment shall be made to the City on or before provided pursuant to P ym the 25th day of eac h month for amounts received by the Contractor for the performance of services during the immediately preceding month. 20.00 BOOKS AND RECORDS The City and Contractoragree to maintain at their respective places of business adequate gr to relatingthe performance of their respective duties under the books and records provisions of this Contract and such books and records shall be made available at any ' hours for inspection bythe other party, at the inspecting party's time during, business P expense,upon reasonable advance notice; provided, however, the City may not inspect books and records pertaining to the cost of Contractor's operations, except or audit any to the extent pertainingto increases in the fees which may be charged by Contractor under Section 14.02. 21.00 - TERMINATION FOR CAUSE substantiallyperform terms, covenants or at anytime the Contractor shallfail to If r byregistered or certified mail Contractor herein set forth, the City shall notify � conditions - 5 specific reasons in support addressed to the Contractor at the address set forth herein ofp • • substantiallybreached the terms and provisions of the City's claim that the Contractor has , � (30) period from the date of Contractor shall be allowed a thirty day of this Contract. anyShould the Citydeem to remedyfailure to perform. receipt of said notice from City the failure to perform remedied, no hearing shall be held. failperformance, the City, after a hearing described Should Contractor to remedy its - - - Contract and the rights and privileges granted to Contractor mayterminate this herein, days s before a hearing i s • noticeshall be sent to Contractor no earlier than 10y herein. A shall include the notice shall specify the time and place of the hearing and - scheduled. The p �Y inCity's claim that the Contractor has substantially specific reasons support of the C ty � Contract. Should the City still deem Contractor breached the terms and provisions of this . in hearingshall be conducted in public by the City to have failed its performance, said CityContractor shall be allowed to be present and shall be given Council of the and the . ' are set out against it in the aforesaid notice. If, full opportunity to answer such claims as g pP City a findingthat Contractor has failed to after saidpublic hearing, the Council makes g collection service for the City, the City Council may, by two- thirds adequate refuse provide• -thirds vote, terminate this Contract. 22.00 NOTICES • be delivered hereunder shall be in writing and shall Anynotice required or permitted to . the United States mail, postage prepaid, be deemed to be delivered when deposited in certified mail, return receipt reque sted, addressed to the respective party of the address set forth below: If to the City, at: P. 0. Box 428 Wylie, Texas 75098 Attn: City Manager If to the Contractor, at: 4200 E. 14th Street Piano, Texas 75074 • Attn: District Manager hereafter specify bywritten notice delivered addresses as the parties may p or such other in accordance herewith. 23.00 APPROVAL . fullyexecuted nor binding on the City or the This Contract shall not be considered • executed bythe Contractor,the Mayor and the Contractor until the same shall have been City Secretary of the City. 24.00 AMENDMENT • n strictlycomplied with and conformed to by the Allprovisions of this Contract shall be p . Contract shall be made except upon the written Contractor, and no amendment to this consent of the parties. No amen dment shall be construed to release either party from any as specifically obligation under this Contract exceptp Y provided for in such amendment. g 25.00 FORCE MAJEURE - the contrary,the Contractor shall not be liable for the Notwithstanding�.ng anything herein t o �y� • such failure is caused by a catastrophe, riot, war, failure to perform its duties if governmental order or regulation, strike, fire, accident, Act of God or other similar or different contingency beyond and the reasonable control of the Contractor. 26.00 SEVERABILITY • ` portion thereof of any Contract Document shall be In the event that any provision or • invalidunenforceable, then such provision or portion thereof shall be found to be or inapplicable laws. The invalidity or unenforceablity of performed accordance with the . . not affect the validityor enforceability of or portion of this Contract shall any provision any other provision or portion of this Contract. 27.00 ENTIRE CONTRACT Thisentire understandingbetween the parties hereto and cancels Contract constitutes the and supersedes all prior negotiations, representations, understandings and agreements, g either written or oral, with respect to the subject matter hereof. 28.00 SPECIAL PROVISIONS 28.01 City Facilities Bin co llection service for City of Wylie facilities shall be provided at no charge. 28.02 S rin Clean-IJ Campaign (a) Contractor shall provide upto ten (10) 30-cubic yard containers at a lean-U site. A minimum of eight containers shall be centralized Spring C p maintained on site at all times. (b) Contractor shall provide free collection and disposal to the City, up to a maximum of 15 hauls of 30 cubic yards. 28.03 Pavement Damage in Alleys for the repair of damage to paved surfaces in Contractor shall be responsible p(a) isequipment. such damage caused by the Contractor's collection alleys wheng n of cause shall be b mutual agreement of both parties. Substantiatioy Within thirty (30) days after receipt of a notice of damage, pending (b) as outlined in substantiation of cause and mutual agreement of both parties . r of the 8 03 a the Contractor shall arrange for satisfactory repair Section 2 [ �, • repairs will be performed by City forces and the City alley pavement or materials basis. Reimbursement for materials and reimbursed on a time and labor shall be in the fo rm of a credit on the Contractor's next monthly billing for Residential collection service. 28.04 Contract Performance Review representatives shall meet with City staff periodically in order to (a) Contractor's review contract perfo rmance. The time and place of meetings shall be scheduled by mutual agreement. shall meet once a year with the City Council for fib] Contractor's representatives purposes of an annual contract performance review. • r parties,bydulyauthorized agent,hereto affixIN WITNESS WHEREOF,we,the contracting our as of this day signatures and seals .�.,�. of , 2000. CITY OF WYLIE,TEXAS #M0' Wft �:= 0 \ . . . Municipal Corporation of _ ; � , ANiu p rp Pollan County, Texas r• :===c rr. r S• 4 'of the By: /ft-L Mayo 1��JJlJ11I1l111�1��1 ---�' and _ _ •f.�: _ ..= -_ 'gerC'% ATTEST: ,ff -iv Se, et. • BRA G-FERRIS INDUSTRIES By: ATTEST: District Manager - • • , t ATTACBMENT A CrlY OF WYLIE,TEXAS SEPTEMBER 2000 RATE REFUSE AND RECYCLING SERVICE: $8.31 Residential-- Single Family $8.31 Duplex Unit-Per Unit $8.31 Trailer Park-Per Unit $3.00 Poi cart Per Unit Additionaly C RCIAL SERVICE: k $11.50 Hand Collect 2 x week $ 4.03 Additional Polycart l x week $ 42.56 2 cu. yd. x week $ 90.87 2 3xweek $120.78 k $ 58.66 l x wee 3 cu. yd. xweek $1 09.27 2 3xweek $169.09 week• $ 57.42 1 x 4 cu. yd. x week $13 9.1 S 2 3xweek $196.69 1 x week $102.3?' • 6 cu. yd. x week $166.78 2 3xweek $247.30 k $125.38 l x wee S cu. yd. xweek $215.09 2 3xweek $286.41 EXTRA PICKUPS EACH: $ 32.21 2, 3, 4, cu. yd. � $ 36.81 6, 8, cu. yd. $ 51.35 DELIVERY/EXCHANGE xCHANGE of FEL CONTAINERS.a ATTACIIMENT A CONTINUED ROLLOFF CHARGES: 42 Cu. Yd. Compactor Containers,Per Haul $287.56 (IncludesP disposal, does not include equipment) ' 30 Cu. Yd. Open-top Rolloff containers,Per Haul $258.84 (Includes disposal) 7.19$ Daily Rental � 77.03 Delivery/Exchange SPECIAL CHARGES: Polycart Replacement Returned Check Charge $ 20.00 CITY BILLS RESIDENTIAL BFI BILLS COMMERCIAL IAL & ROLLOFF (Includes 15%Franchise Fee) CITY ACCOUNT#9015397 CONTACT UTILITY B ILLIN G 972.442.8131,FAX 972.442.8105 • ATTACHMENT B • CITY OF WYLIE,TEXAS PERFORMANCE STANDARDS I. Residential and Commercial Hand Collection A. Schedule: Once weekly. B. Hours of Operation: 7:00 a.m. --7:00 p.m. C. Placement: Curbside or Alley D. Approved Containers: • gallonscapacity,Polycart Containers, 95 in ca aci , maximum weight 175 pounds. All refuse must fit inspolycart the of cart with the lid closed; nothing outside the polycart will be collected gu y with the re larl scheduled weekly service. Plastic bags may be used inside the polycart. Anyspillage caused byContractor will be picked up immediately. E. Spillage: p � T Spillage caused byothers orinadequate containers will be the producer's by responsibility. F. Brush and Bulky Item Collection BFI willmake brush and bulkycollection available to Wylie residents one day per month as part of the standard contract. Maximum size is restricted to two (2) cubicweight is no more than that which can be lifted by two men. yard. Maximum Special collectionitems will be made available to Residents at of brush and bulky the rate of$72.00 perspent hour for time s ent on collection, with a minimum charge of $15.00 per col lection. Residents must call Contractor's dispatch office to schedule collection. Approved Containers: a) Polycarts b) Brush cut to 6 x 3 x 3 and bundled with twine, no heavier than what can be handled by one man, and placed at the curb. we ight Maximum wei t bundle or container is not to exceed that which can be lifted by two men. O. Commercial Hand Collection Custom ers with an average weekly volume exceeding 2 polycarts twice a week will be required to use container service unless there are extraordinary 1 weeklyvolume will be submitted to City circumstances. Any dispute in average officials for decision. II. Residential Recycling A. Schedule: Once weekly. B. Hours of Operation: 7:00 a.m. •-7:00 p.m. C. Placement: Curbside or Alley D. Approved Containers: 1. 18 gallon plastic bin. 2. Additional bins maybe obtained from Contractor by Producer. ]ZI. Commercial Container Collection • Available: 2 cu.-yd., 3 cu. yd., 4 cu. yd., 6 cu. yd., 8 cu. yd., 30 cu. A. Container Size yd. Available: Upto three times; weekly. B. Schedules C. Hours of Operation: 7:00 a.m. - Completion. D. New Service: A listing will' l be maintained in the yellow pages. Requests for new service will be filled within five working days. by10:00 a.m. on service day, extra pick up will be E. Extra Collections: If notified performed that day. After , 10:00 a.m. we will attempt to make the pick up that the following If unable, it will be made service day. There is a charge for extra pickups and refills. F. Blocked Containers: If ac cess to a container is blocked, the driver will radio our dispatcher. A call will be placed to the location describing the obstruction. The untilcustomer is contacted and the obstruction cleared. If not driver will wait the will p roceed on route. Customer may call in for an extra cleared, the driver _ pickup, if desired, when access is clear. Customer will be charged for extra pickups. Container will not be emptied if a safety hazard exists. G. Overfilled Containers: P Customer will be contacted to remove excess. An extra pickup will be re- scheduled when excess refuse has been removed. Customer will be charged for extra pickups. H. Container Mainten ance: Containers that have been damaged will be exchanged or within 5 workingdays of notification. If the damage is not due to our repaired y servicing or a defect in materials and workmanship, a fee will be charged to the The amount will depend on the repairs needed. All containers will be customer. P exchanged at reasonable intervals to maintain a good appearance considering type g of refuse generated, normal wear and weathering. If an unsightly condi tion due to fire, paint or other causes beyond our develops , control,the container will request upon be exchangedq uest of the customer. A maximum of$5 0.00 for refurbishing charged.will be char ed. Containers at food service establishments shall be exchanged at least one time per year. I. Gates and Enclosures: Assistance will be requested for opening and closing gates at those locations which desire to place containers in enclosures. If customer does not assist, an additional charge of$5.00 per month per container times number of pickups per week will be added. The customer will be responsible for odor and insect J. Odor and Insect Control: P control in and around containers. K. Casters: Casters are not available on our containers. : will be notified in writingwhen 3 0 days past due. If L. Non-Payment: Customers y unpaid after 45 days, customer will be notified in writing that service is being P y suspended until account is paid in full. A copy will be sent to the Finance Department and City Code Enforcement. If a customer is suspended twice, a deposit in the amount of one month's average billing will be required to re-establish service. This deposit will be refunded after one year of prompt payments by customer. IV. General A. Office Hours: 8:00 a.m. - 5:00 p.m. Monday-Friday. B. Holidays: New Years, Memorial Day, July 4th,Labor Day, Thanksgiving, Christmas. Pickups scheduled for these days may be omitted by Contractor, however, refuse collection service at residential units will be performed no less than once per week. CITY OF WYLIE Item No. 5 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: January 24, 2006 Originating Department: Mayor John Mondy Prepared By: Carole Ehrlich Account Code No. #: Date Prepared: January 13, 2006 Budgeted Amount: Exhibits: 2 AGENDA SUBJECT:Consider and act upon a commitment by the Wylie City Council to contribute to CASA, Collin County Children's Advocacy Center (CCCAC) and City House from the FY 2006-2007 Annual Operating Budget and determine the amount of said commitment. RECOMMENDED ACTION: SUMMARY: On January 8, 2006, Mayor John Mondy sent an e-mail requesting that an agenda item addressing a letter received from David Dorman, Mayor of Melissa, Texas be placed on the January 24, 2006 Council agenda. (see attached documents) Subsequently, Mayor Mondy requested: 1. The agenda item include a request for commitment from Council to contribute funding for CASA, CCCAC and City House from the FY 2006-2007 budget and, 2. That a funding amount be determined. APPROVED BY: Initial Date Department Director: CE \ 1/13/06 City Manager: \ 1 Page 1 of 1 Mark Roath From: John Mondy [Mandy-js a@msn.comj Sent: Sunday, January 08, 2006 3:42 AM To: Mark B. Roath Cc: Hogue, Eric Subject: Fw: CASA,CCCAC AND CITY HOUSE Attachments: CASA-letter to mayors.doc Put this on our next Council agenda John Original Message From: Linda Sent: Friday, January 06, 2006 2:23 PM To: Michael a@courtroom.com; Corbet Howard; 'Vicki Magee'; 'Bill Whitfield'; 'Bob Sanders'; 'Brett Nates'; 'Charles Niswanger'; 'Christy Schell'; 'City House'; 'David Dorman'; 'David Trudeau'; 'Doug Garber; 'Jeanine Alpert'; 'John Mondy'; 'Kenneth Pelham'; 'Lesia Thornhill ' LesiaThornhill; 'Marc Miller; 'Mayor of Murphy'; 'Mike Simpson'; 'Mike Simpson'; 'Pat Evans'; 'Patti Harrington'; 'Sim lsraeloff; 'Steve Deffibaugh '; 'Steve Terrell'; 'Steven Parker'; 'Susan Etheridge' Subject: CASA,CCCAC AND CITY HOUSE Please see attached letter from David Dorman. 1/8/2006 ehlus41. ("1? otIvotTo_ January 6, 2006 TO: MUNICIPAL COALITION FOR SUPPORT OF ABUSED AND NEGLECTED CHILDREN IN COLLIN COUNTY FROM: DAVID DORMAN, MAYOR OF MELISSA, TEXAS RE: FUNDING FOR CASA, CCCAC AND CITY HOUSE First, let me thank those of you who attended the breakfast this morning. We had eleven entities represented and we were able to determine our next course of action. The City of Melissa and the City of McKinney will be entering into an Interlocal Agreement for funding of CASA, Collin County Children's Advocacy Center(CCCAC) and City House. The City of Plano will continue funding through their current grant process. At this time, we would ask that you let us know who in your administration will be the appropriate person for the entities to contact to set up the appropriate funding mechanism. Those in attendance agreed that I would draft a letter asking the Commissioners' Court to put the issue of funding on their agenda and I would like the participating cities' signatures on that letter. Please let me know as soon as possible when your entities' funding will be available. If you have any questions please do not hesitate to give me a call. Thank you. CITY OF WYLIE Item No. 6City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: January 27, 2006 Originating Department: Finance Prepared By: Larry Williamson Account Code No. #: 58330 Date Prepared: January 11, 2006 Budgeted Amount: $145,104.00 Exhibits: 1 AGENDA SUBJECT: Consider and act upon approval of Ordinance No. 2006-06 approving a budget amendment, in the amount of$145,104.00, for the additional installation of 662 meters, the incremental cost of 270 1"meters, and miscellaneous items to include risers and gaskets. RECOMMENDED ACTION: The Finance Department recommends approval. SUMMARY: As of January 1, 2006 all City meters up to 1 1/2 inches have been replaced with the new 3G Master Meters. We have tested our reading equipment on Route 2 which contains roughly 3,000 meters and the reading system worked flawlessly. We plan to read Route 1 this coming week which contains over 6,000 meters and expect the same results. We are having some problems with the Data Logging Report function which our vendor is working on. It appears based on this limited experience that two meter readers will be able to read the entire system in 2 to 3 days. A job that prior to the change out would take 2 meters readers 3 weeks to complete. We could not be happier with the system. This is not to say we didn't have some problems with the change out. We had a number of customer complaints in the early going because installers forgot to turn the water back on after the meter was changed out and a few installers left dirt from the meter boxes on customer's yards. We also left some big ruts in Councilwoman Reta Allen business property, ruts that we quickly filled in. We had roughly 30 such complaints representing only .3% of the project 9,662 installations. The contractor, public works employees and the meter reading crew have done a real good job at keeping complaints to a minimum... On the financial side we have had some surprises. When this project was initially designed the Utility Billing system ( INCODE ) provided a report showing the city's total water accounts at 9,000. This report was used for the basis of our bid specifications of 9,000 meters. However, we replaced 9,662 meters. The initial thought was that there were 662 meters that were not in our system, but further research confirmed that the city did have accounts for these meters and we were in fact reading and billing these accounts. The APPROVED BY: Initial Date Department Director: LW \ 1/11/06 City Manager: \ 1 AGENDA SUBJECT: Consider and act upon approval of Ordinance No. 2006-06 approving a budget amendment, in the amount of$145,104.00, for the additional installation of 662 meters, the incremental cost of 270 1"meters, and miscellaneous items to include risers and gaskets. SUMMARY: (Continued) INCODE program that we ran at the onset did not include inactive accounts or accounts that had two meters. Bottom line is that these 662 meters were not in our original budget. Additionally, when the program specifications were drawn up, the city did not know what size meters each customer had. Most residential customers use a 3/ 4 inch meter. However, it turned out that 270 residential customers had 1 inch meters. These meters were $40.00 more than the 3/ 4 inch meter that were originally budgeted. Because the reducers necessary to put a 3/4 inch meter on a 1 inch pipe were about the same as the difference between the costs of a 3/ 4 inch meter and the 1 inch meter, the decision to replace a 1 inch meter with a 1 inch meter was made. This decision also eliminated the possibility that customers would see a difference in their water pressure as a result of a new smaller meter. In summary, the Meter Replacement Program is almost finished except for some additional testing and fine turning of the software. Project change orders are as follows: (1) 662 additional meters ($163.00) $107,906 (2) Additional costs of the 270 1 inch meters ($40.00) $12,000 (3) 662 additional installations ($29.00) $19,198 (4) Risers, Gaskets, and Miscellaneous $6,000 TOTAL $145,104 Finally, we re-ran the cost/benefit analysis that formed the basis to go forward with the program. Months to break even on our embedded costs dropped from 32 months to 29 months because of the increase in the number of meters. The overall cost of the fire fly is more expensive than the 3G meter, so the more meters we had,the greater the savings and the shorter the pay back period. In closing, I would like to thank you and council for the support you have given me and my department on this project. Thanks again. 2 ORDINANCE NO. 2006-06 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING ORDINANCE NO. 2005-41 (2005-2006 BUDGET) AND APPROVING AN APPROPRIATION OF FUNDS IN THE AMOUNT OF $145,104.00 FOR THE PURPOSE OF ADDITIONAL INSTALLATION OF 662 METERS, THE INCREMENTAL COST OF 270 1" METERS AND MISCELLANEOUS ITEMS TO INCLUDE RISERS AND GASKETS; 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 ("Wylie") has investigated and determined that it will be beneficial and advantageous to the citizens of Wylie to amend the 2005-2006 budget adopted by Ordinance No. 2005-41 for the purpose of additional installation of 662 meters, the incremental cost of 270 1" meters, and miscellaneous items to include risers and gaskets; and WHEREAS, the City Council has further investigated and determined that the appropriations are needed for additional installation of water meters and other miscellaneous items to ensure proper installation and operation; and WHEREAS, the City Council has further investigated and determined that such an appropriation supports and furthers the public purpose of the citizens of the City of Wylie; and WHEREAS, the City Council has further investigated and determined that it will be beneficial and advantageous to the citizens of Wylie to amend the 2005-2006 budget adopted by Ordinance No. 2005-41 for the purpose of providing for this additional appropriation. 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. 2005-41 (2005-2006 Budget). Ordinance No. 2005-41 (2005-2006 Budget) is hereby amended to allow for the following appropriation: That up to One Hundred Forty Five Thousand One Hundred Four and no/100 ($145,104.00) from account 58330 be expended for the purpose of additional installation of 662 meters, the incremental cost of 270 1" meters and miscellaneous items to include risers and gaskets. 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 Ordinance No. 2006-06 ORDINANCE AMENDING 2005-2006 BUDGET (Additional Installation of Meters) Page 1 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. 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 24th day of January, 2006. John Mondy, Mayor ATTEST TO: Carole Ehrlich, City Secretary Date of publication in The Wylie News— February 1, 2006 Ordinance No. 2006-06 ORDINANCE AMENDING 2005-2006 BUDGET (Additional Installation of Meters) Page 2 CITY OF WYLIE Item No. 7 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: January 24, 2006 Originating Department: Finance Prepared By: Larry Williamson Account Code No. #: n/a Date Prepared: January 16, 2006 Budgeted Amount: n/a Exhibits: Salary Survey& Resolution AGENDA SUBJECT: Consider and act upon Resolution No. 2006-03 approving the establishment of a Senior Accountant position effective January 30, 2006 and the abolishment of the Assistant Finance Director position as of February 24, 2006. RECOMMENDED ACTION: The Finance Department recommends approval SUMMARY: The Assistant Finance Director is retiring effective February 24, 2006. The Finance Department is being reorganized to staff up the accounting division of the department. Historically, the accounting division has been staffed to simply be the recorder of city transactions with little time spent on reviewing accounts and transactions on a timely basis. Most of the review process has taken place during the audit process at year end. This has resulted in current account information being unreliable for management's purposes, very little oversight on city wide programs such as credit card use and travel expense reimbursement and is one of the major impediments to completing the Comprehensive Annual Finance Report (CAFR) in a timely manner. The Finance Department wants to replace the Assistant Finance Director position at $80,000 with a Senior Accountant at$55,000. In order to begin this reorganization and provide some overlap for the new Senior Accountant and the Assistant Finance Director, staff is recommending that the Senior Accountant position be established February 6, 2006 and the new Assistant Finance Director Position be eliminated effective February 24, 2006. This change will not require any additional funding. APPROVED BY: Initial Date Department Director: LW \ 1/19/06 City Manager: \ 1 JOB DESCRIPTION: Senior Accountant crly of ylie JOB TITLE: Senior Accountant DEPARTMENT: Finance PAY GRADE: Non-Classified Date Created: 08/01/01 EXEMPT: Y Last Updated: 01/16/06 FULL-TIME: Y JOB SUMMARY: Under general direction of the Director of Finance, accounting function, reconciliations, fixed assets, annual audits and related functions. Represents Director of Finance when called upon. ESSENTIAL JOB FUNCTIONS: • Responsible for year-end closing, managing the year end audit and work with Auditors on the Comprehensive Annual Financial Report (CAFR). • Assures the City's accounting systems are in accordance with all laws and statutes and has a thorough understanding of fund accounting. • Assists in the preparation of the annual budget. • Supervises and trains all personnel in the accounting division to ensure accuracy and compliance with established procedures. • Assigns work tasks, establishes priorities of work. • Establishes policies and procedures in order to increase effectiveness and efficiency. • Possesses excellent written communication skills. • Prepares monthly financial statements for the Finance Director. • Summarizes all capital projects expenditures, by project, for the Director of Finance. • Monitors accounts payable, fixed assets, payroll and general ledger • Responsible for billing statements issued on behalf of the city and month-end closing computer reports. • Monitors travel advances, debt service payments, bonded debt records, American Express • Monitors bank reconciliations, receivables and cash reconciliations. • Responsible for the timely payment of all city obligations, and the maintenance of accurate records. • Coordinates the finance staff efforts with software and hardware support vendor. • Prepares various reports and performs other related tasks as needed and as directed. • Responsible for records management Page 1 of 2 • Conducts self in a manner that reflects responsible stewardship of the public trust, strives for excellence in service and the enhancement of the quality of life in the City of Wylie. • Act in a civil, respectful manner at all times to management, co-workers and others. • Other duties as may be assigned. REQUIRED EXPERIENCE, KNOWLEDGE, SKILLS & ABILITIES: Five to eight years general accounting with municipality or other governmental entity. Knowledge of INCODE accounting system a plus. Three years supervisory and/or management experience. Thorough knowledge of fund accounting. Good working knowledge of all GASB Pronouncements and Concepts Statements including GASB 34. Ability to effectively interact with all levels of co-workers, management staff, citizens and the public. Ability to work overtime as needed. Ability to maintain an acceptable attendance history. Ability to pass a pre-employment drug screening test, physical and criminal background check. REQUIRED EDUCATION, TRAINING, LICENSES & CERTIFICATIONS: Bachelor's degree in accounting plus five to eight years progressively responsible government accounting experience, preferably in a municipality. At least three years supervisory or management experience. PHYSICAL STRENGTH REQUIRED: LOW: Exerting up to 20 pounds occasionally, 10 pounds frequently, or negligible amounts constantly or requires walking or standing to a significant degree. PHYSICAL ACTIVITIES REQUIRED: Standing Sitting Walking Lifting Carrying Pushing/Pulling Reaching Handling Fine Dexterity Kneeling Crouching Crawling Bending Twisting Climbing Balancing Vision Hearing Talking Foot Controls PRIMARY WORK ENVIRONMENT: Indoors SHIFT WORK: N CALL-OUT: N This description is not meant to be all-inclusive of tasks that may be required to be performed on an irregular basis; nor is it intended to be an exhaustive list of all duties and skills that may be required. This job description may change at any time, for any reason, deemed necessary by management. Page 2 of 2 Sr. Accountant, January 2006 Highlight=Peer City #of Range Range Actual Actual Actual Municipality Pop. Emps Minimum Maximum Low High Average City Job Title Job Reports To Abilene 119687 1 2774 4254 2875 2875 2875 Accountant III Asst Dir Finance Allen 66714 2 3750 5813 4000 4682 4341 Senior Accountant Assistant Finance Di Burleson 28350 1 4211 5895 4211 4211 4211 Chief Accountant Finance Director Cedar Park 34809 1 4296 6015 4792 4792 4792 Accounting Manager Finance Director Cleburne 29500 1 3853 5444 5444 5444 5444 Chief Accountant Finance Director Coppell 38540 1 3299 4267 3708 3708 3708 Senior Accountant Chief Accountant Deer Park 29387 1 3811 5108 4001 4001 4001 Senior Accountant Finance Director Denton 94450 2 3919 5224 4244 4328 4286 Accountant III Controller Farmers Branch 27508 1 4605 6217 4789 4789 4789 Senior Accountant Chief Accountant Flower Mound 59800 1 3630 5083 4710 4710 4710 Accountant Dir Accounting Srvc Friendswood 35000 1 2754 4422 4121 4121 4121 Senior Accountant Accounting/UB Supv Frisco 73000 2 3723 5213 4901 5191 5046 Senior Accountant Asst Finance Dir Garland 220657 7 4123 6494 4250 5752 4944 Sr Financial Analyst Accounting Manager Georgetown 36359 1 2786 4458 4000 4000 4000 Chief Accountant Controller Greenville 24300 1 2774 4313 3768 3768 3768 Senior Accountant Finance Dir. Harlingen 84832 2 2610 3823 2799 3327 3063 Senior Accountant Asst Finance Dir Killeen 100976 1 3464 5355 3900 3900 3900 Accounting Manager Director of Finance Lake Jackson 26500 1 3813 4645 3813 3813 3813 Finance Manager Finance Director Lancaster 31521 1 4038 6038 4788 4788 4788 Chief Accountant Director of Finance Laredo 197488 2 3598 6098 4099 4465 4282 Accounting Supv Asst Fin Svcs Dir League City 57500 1 2791 3908 4099 4099 4099 Senior Accountant Controller/Tax Asscr Accounting and Audit Lewisville 86091 1 5000 8750 6494 6494 6494 Manager Director of Finance Longview 73344 1 2880 3888 3031 3031 3031 Senior Accountant Director of Finance Lubbock 206290 4 3340 5261 3276 4484 4027 Senior Accountant Chief Accountant McKinney 94737 2 4286 6000 4851 5527 5189 Senior Accountant Finance Director Missouri City 60000 1 3987 5541 5462 5462 5462 Accounting Manager Asst Finance Dir Odessa 93195 1 2802 4202 2802 2802 2802 Accountant III Chief Accountant Pasadena 145000 2 3283 4925 3824 4001 3912 Accountant III Account Mgr Pearland 54000 1 3817 5153 3505 3505 3505 Staff Accountant III Director of Finance Plano 243500 1 4425 6505 6049 6049 6049 Accounting Manager Controller Richardson 95995 1 4542 6084 5258 5258 5258 Chief Accountant Controller Rowlett 50000 2 3546 5177 4030 4030 4030 Senior Accountant Finance Director San Angelo 88400 1 2692 3835 3778 3778 3778 Operations Manager Dir of Finance Sugar Land 70098 3 3165 4589 3534 3928 3787 Senior Accountant Accounting Manager Temple 56000 1 3161 5465 3819 3819 3819 Senior Accountant Director, Finance The Woodlands 77000 1 2720 4632 4342 4342 4342 Senior Accountant Accounting Manager Tyler 85603 2 2907 4651 3299 4157 3728 Accountant CFO Wichita Falls 104197 1 3750 5567 5299 5299 5299 Accounting Manager Finance Director CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM January 24, 2006 Police Department Council Meeting Of: Originating Department: Prepared By: Jeff Butters Account Code No. #: Date Prepared: January 9, 2006 Budgeted Amount: NA Exhibits: 2 AGENDA SUBJECT: Consider and act upon Ordinance No. 2006-07 amending Ordinance No. 2003-11 (Establishing the Wylie Animal Shelter Advisory Board) increasing the number of members to the Wylie Animal Shelter Advisory Board, accepting the resignation of Katie Munson and the appointment of Animal Control Supervisor Ken Qualls to the City of Wylie Animal Shelter Advisory Board. RECOMMENDED ACTION:Appoint Ken Qualls to the Animal Shelter Advisory Board. SUMMARY: Ordinance No. 2003-11 authorized City Council to appoint an Animal Shelter Advisory Board. Currently, the board consists of one veterinarian, one county or municipal official, one person whose duties include the daily operation of an animal shelter and one representative from an animal welfare organization. Ordinance No. 2006-07 will increase the number of members to five (5) to include a resident of the City of Wylie, Texas. Staff believes that the addition of a resident of the City to the Wylie Animal Shelter Advisory Board would be beneficial to the Board. Prior to her resignation Katie Munson fulfilled the position of a person whose primary duties included the daily operation of an animal shelter. Ken Qualls has recently been hired as the Animal Shelter Supervisor and brings 14 years of animal control experience to the job. The unexpired term that Ken Qualls would fill expires July of 2006. APPROVED BY: Initial Date Department Director: JB \ 1-10-06 City Manager: \ 1 ORDINANCE NO. NO. 2006-07 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING ORDINANCE 2003-11 (ESTABLISHING THE WYLIE ANIMAL SHELTER ADVISORY BOARD); AMENDING SECTION 4 (NUMBER OF MEMBERS/QUALIFIED APPOINTMENT/TERMS) TO INCREASE THE NUMBER OF BOARD MEMBERS TO FIVE MEMBERS AND PROVIDING FOR THE QUALIFICATIONS OF ITS MEMBERS; PROVIDING A SAVINGS/REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas (the "City Council") has investigated and determined that it will be advantageous and beneficial to the City of Wylie, Texas ("Wylie") and its inhabitants to amend the number of members to the Wylie Animal Shelter Advisory Board; and WHEREAS, the City Council has further investigated and determined that such amendment of the Wylie Animal Shelter Advisory Board as provided herein complies with the requirements of Chapter 823, Health and Safety Code. 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. 2003-11 (Establishing the Wylie Animal Shelter Advisory Board) Section 4 (Number of Members/Qualified Appointment/Terms) is hereby amended to increase the number of members and its qualification as follows: Number of Members/Qualified Appointment/Terms. The Board shall consist of five (5) members. The Board shall consist of one licensed veterinarian, one county or municipal official, one person whose duties include the daily operation of an animal shelter, one representative from an animal welfare organization, and one resident of the City of Wylie, Texas. SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict. 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. 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. Ordinance No.2006-07 Amendment of Ordinance 2003-11 Animal Shelter Advisory Board SECTION 5: Effective Date. This Ordinance shall become effective immediately upon its passage and adoption. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this the 24th day of January 2006. JOHN MONDY, Mayor ATTESTED: Carole Ehrlich, City Secretary Ordinance No.2006-07 Amendment of Ordinance 2003-11 Animal Shelter Advisory Board ORDINANCE NO. NO. 2003.11 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ESTABLISHING THE WYLIE ANIMAL SHELTER ADVISORY BOARD; PROVIDI NG FOR THE APPOINTMENT AND REMOVAL OF ITS MEMBE RS AND THE METHOD OF FILLING VACANCIES; PROVIDING FOR THE QUALIFICATIONS OF ITS MEMBERS; DEFINING A QUORUM AND VOTING REQUIREMENTS; PROVIDING FOR THE DESIGNATION OF PROVIDING FOR THE POWERS AND DUTIES OF OFFICERS; THE ADVISORY oRY BOARD; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. City Council of the Cityof Wylie, Texas (the "City WHEREAS, the C y Council") has investigated and determined that it will be advantageous and beneficial to the City of Wylieand its inhabitants to establish the Texas ("Wylie") Wylie Animal Shelter Advisory Board; and the CityCouncil has further investigated and determined that WHEREAS, the establishment of the Wylie Animal Shelter Advisory Board as provided herein complies with the requirements of Chapter 823, Health and Safety Code. q p NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Incorporated. The findings set forth above are SECTION 1: Find�no�s g incorporated into the bodyof this Ordinance as if fully set forth herein. SECTION 2: Definitions. For the purposes of this Ordinance, the following phrases,hrases words and their derivation shall have the meaning given herein: Board when used herein shall mean the Wylie Animal Shelter Advisory Board of the City of Wylie, Texas. Board Memb er when used herein shall mean the members of the Wylie Animal Shelter Advisory Board. Wylie when used herein shall mean the City of Wylie, Texas. SECT ION 3: Establishment of Wylie Animal Shelter Advisory Boar d. The Wylie Animal Shelter Advisory Board is hereby established to, among other things, oversee the Wylie Animal Shelter and act in an advisory capacity to the City Council. ORDINANCE#2003-11,ESTABLISHING ANIMAL SHELTER ADVISORY BOARD—Page 1 " sed Appointment/Terms. The SECTION 4: Number of Members/Qualified . SECT consist of one licensed four (4) members. The Board shallBoard shall consist of s include one person whose duties veterinarian, one county or municipalofficial, e from an animal animal shelter, and one representative the daily operation of an the CityCouncil the Board members to be appointed by welfare organization with appointments however, that of the initial pp for a term of one (1) year; provided, June 1, 2003 and shall be for a term commencing on made under this Ordinance, (3)on June 30, 2004. No Board membershall serve far more than three expiring consecutiveyears {whichever is less); provided, consecutive terms or six (6) upon the member's replacement not be qualified p however, should a Board p expiration ber, then that Board member shall of any term of a Board mem , Board member has been holdover an the Board until a qualified replacement Mona er may appoint a staff d. In addition to Board members, the City Manager have no right to vote designee as an ex officio member of the Board, who shall Board member shall serve without on anymatter before the Board. Each . �n advance compensation, but maybe reimbursed for actual expenses approved by the City Council. Board shall meet at least three SECTION 5: Meetings. The (3) times per be called from time to time. Special year and any additional meetings as may . Chair or bywritten request sent to the Chair or meetings may be called by the g Vice-Chair bytwo (2) members of the Board. vacancies occur on the Board, the City SECTION 6: Vacancies. When . ' replacement to serve the remainder of Council shall appoint, by majority vote, a p the term. Board member serves at the pleasure of the SECTION 7: Removal. Each . discretion of the City Council. Board CityCouncil and may be removed at the , VIII of Wylie's S Charter. member absences shall be controlled by ArticleY (3)SECTION 8. C�uorum/Voting. ThreeBoard members shall constitute a of conductingits business, exercising its quorum of the Board for the purpose action of the Board shall be valid or powers and for all other purposes. No e vote of a majority of those Board bindingunless adopted by the affirmative members present and voting. SECTION 9: Powers and Duties. capacity an advisory to Wylie staff and the A. The Board shall act in City Council in any pertaining matter ertainin to compliance with Chapter 823, Health and Safety Code. its Chairperson, shall make an oral B. The Board, through and/or p annually to the CityCouncil concerning its activities written report a y durin the ast ear and its proposals for the coming year. � p y lon supervision, Board's authorityshall not extend to the direction, C. The employment or termination of Wylie employees. No supervisory power of the Board is created. ORDINANCE#2003-11,ESTABLISHING ANIMAL SHELTER ADVISORY BOARD—Page 2 o for CityCouncil approval a set of by-laws D. The Board will develop p . in rules of procedure for their meetings and operation. governing shall not have the power to obligate Wylie for funds E. The Board and/o r expenditures or incur any debt on behalf of Wylie. Allpowers and duties prescribed and delegated herein are F. be delegated to the Board, as a unit, and all action hereunder shall of the Board actingas a whole. No action of an individual Board member is authorized, except through the approval of the Board or City Council. G. The Board shall have anyother power and/or duty as prescribed and authorized by the City Council. SECTION 10: Savings/Repealing Clause. All provisions of any ordinance in co nflict with this Ordinance are hereby repealed to the extent they are in conflict. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 11: Severability. Should any section, subsection, sentence, clause or ph rase 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 that it would have passed this Ordinance, and each section, subsection, declares clause or phraseirrespective thereof irres ective of the fact that any one or more sections, subsecti ons, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 12: Effective Date. This Ordinance shall become effective immediately upon its passage and adoption. DULY PASS ED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 10th day of JUNE. 2003. J HN MOND Ma ATTESTED: 41.41" f/ I �.► f '` C-role Ehrli , ity Secretary Date of Publication oo ORDINANCE#2003-11,ESTABLISHING ANIMAL SHELTER ADVISORY BOARD—Page 3 ARTICLE IV. ANIMAL SHELTER ADVISORY BOARD Sec. 18-121. Definitions. For the purposes of this article, the following terms,phrases, words and their derivation shall have the meaning given herein: Board means the animal shelter advisory board of the City of Wylie, Texas. Board member means the members of the city animal shelter advisory board. (Ord. No. 2003-11, § 2, 6-10-2003) Sec. 18-122. Establishment of city animal shelter advisory board. The city animal shelter advisory board is hereby established to, among other things, oversee the city animal shelter and act in an advisory capacity to the city council. (Ord. No. 2003-11, § 3, 6-10-2003) Sec. 18-123. Number of members; qualified appointment; terms. The board shall consist of four members. The board shall consist of one licensed veterinarian, one county or municipal official, one person whose duties include the daily operation of an animal shelter, and one representative from an animal welfare organization with the board members to be appointed by the city council for a term of one year; provided, however, that of the initial appointments made under this article, shall be for a term commencing on June 1, 2003 and expiring on June 30, 2004. No board mem ber shall serve for more than three consecutive terms or six consecutive years (whichever is less); provided, however, should a board member's replacement not be qualified upon the expiration of any term of a board member, then that board member shall holdover on the board until a qualified replacement board member has been appointed. In addition to board members, the city manager may appoint a staff designee as an ex officio member of the board, who shall have no right to vote on any matter before the boar d. Each board member shall serve without compensation,but may be reimbursed for actual expenses approved in advance by the city council. (Ord. No. 2003-11, § 4, 6-10-2003) Sec. 18-124. Meetings. The board shall meet at least three times per year and any additional meetings as may be called from time to time. Special meetings may be called by the chair or by written request sent to the chair or vice-chair by two members of the board. (Ord. No. 2003-11, § 5, 6-10-2003) Sec. 18-125. Vacancies. When vacancies occur on the board, the city council shall appoint, by majority vote, a replacement to serve the remainder of the term. (Ord. No. 2003-11, § 6, 6-10-2003) Sec. 18-126. Removal. Each board member serves at the pleasure of the city council and may be removed at the discretion of the city council. Board member absences shall be controlled by article VIII of the Charter. (Ord. No. 2003-11, § 7, 6-10-2003) Sec. 18-127. Quorum; voting. Three board members shall constitute a quorum of the board for the purpose of conducting its business, exercising its powers and for all other purposes. No action of the board shall be valid or binding unless adopted by the affirmative vote of a majority of those board members present and voting. (Ord. No. 2003-11, § 8, 6-10-2003) Sec. 18-128. Powers and duties. (a) The board shall act in an advisory capacity to the city staff and the city council in any matter pertaining to compliance with V.T.C.A., Health and Safety Code § 823.001 et seq. (b) The board, through its chairperson, shall make an oral and/or written report annually to the city council concerning its activities during the past year and its proposals for the coming year. (c) The board's authority shall not extend to the direction, supervision, employment or termination of the city employees. No supervisory power of the board is created. (d) The board will develop for city council approval a set of by-laws governing rules of procedure for their meetings and operation. (e) The board shall not have the power to obligate the city for funds and/or expenditures or incur any debt on behalf of the city. (f) All powers and duties prescribed and delegated herein are delegated to the board, as a unit, and all action hereunder shall be of the board acting as a whole. No action of an individual board member is authorized, except through the approval of the board or city council. The board shall have any other power and/or duty as prescribed and authorized by the city council. (Ord. No. 2003-11, § 9, 6-10-2003) CITY OF WYLIE Item No. 9 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: January 24, 2006 Originating Department: City Secretary Prepared By: Carole Ehrlich Account Code No. #: Date Prepared: January 13, 2006 Budgeted Amount: N/A Exhibits: Letter from TCEQ AGENDA SUBJECT: Consider and act upon a nominee to the Municipal Solid Waste Management and Resource Recovery Advisory Council for a term to expire August 31, 2007. RECOMMENDED ACTION: SUMMARY: The Texas Commission on Environmental Quality (TECQ) is requesting nominations for an "elected official" from a municipality with a population between 25,000 and 100,000 to serve on the Municipal Solid Waste Management and Resource Recovery Advisory Council. This term will expire August 31, 2007. The Council was created by the 69th Legislature in 1983. Members represent various interests such as cities and county solid waste agencies, public solid waste districts as well as other agencies dealing with solid waste. The Council members are required by law to hold at least one meeting every three months. The meetings last one to two days and are held in Austin, Texas. Nominees must submit a letter to include the following information: • Indicate his/her agreement to serve, if appointed • Confirm he/she meets the requirements (elected municipal official from a 25,000 to 100,000 population municipality) Written nominations and letters from nominees must be received by the TCEQ no later than February 2, 2006 at 5:00 p.m. APPROVED BY: Initial Date Department Director: CE \ 1/13/06 City Manager: \ 1 Kathleen Hartnett White,Chairman ;c':0 R.B."Ralph"Marquez,Commissioner - Larry R. Soward,Commissioner '- Glenn Shankle,Executive Director TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution January 9, 2006 Dear City Manager, The Texas Commission on Environmental Quality (TCEQ) is requesting nominations for an "elected official"from a municipality with a population between 25,000 and 100,000 to serve on the Municipal Solid Waste Management and Resource Recovery Advisory Council (Council). This term will expire August 31, 2007. Please forward this request to your city Mayor and Council members for their consideration. The Council was created by the 69th Legislature in 1983. Members represent various interests;i.e.,city and county solid waste agencies, public solid waste district or authority, commercial solid waste landfill operators,planning regions,an environmentalist,city and county officials,financial advisor,registered waste tire processor, professional engineer, solid waste professional, composting/recycling manager and two general public representatives. Upon request from the TCEQ Commissioners,the Council reviews and evaluates the effect of state policies and programs on municipal solid waste management; makes recommendations on matters relating to municipal solid waste management; recommends legislation to.encourage the efficient management of municipal solid waste;recommends policies for the use,allocation,or distribution of the planning fund;and recommends special studies and projects to further the effectiveness of municipal solid waste management and recovery for the state of Texas. The Council members are required by law to hold at least one meeting every three months. The meetings last one to two full days and are held in Austin, Texas. Limited travel expenses will be provided from appropriated funds by the TCEQ. To nominate an individual: 1.) ensure the individual is qualified for the position which he/she is being considered;2.)submit a biographical summary which includes work experience;and 3.)provide the nominee a copy of this request. Please ask the nominee to submit a letter to include the following information: • • indicate his/her agreement to serve,if appointed ■ confirm he/she meets the requirements (elected municipal official from a 25,000 to 100,000 population) Written nominations and letters from nominees must be received by the TCEQ no later than February 3, 2006, by 5:00 p.m. The appointment will be considered at the TCEQ Commissioner's meeting in Austin, Texas on March 8, 2006 at 12100 Park 35 Circle, Building E, Room 201S. P.O. Box 13087 • Austin,Texas 78711-3087 • 512/239-1000 • Internet address:www.tceq.state.tx.us printed.11 rec'veled miner LEsino Please mail or fax (512) 239-2007 all correspondence to: Gary W. Trim Texas Commission on Environmental Quality Waste Permits Division, MC 126 P.O.. Box 13087 Austin, Texas 78711-3087 Questions regarding the Council can be directed to me at (512) 239-6708, or E-mail address: gtrim@tceq.state.tx.us. Additional information regarding the Council is available on the following web site: h ttp://www.tceq.state.tx.u slpermitting/waste_permitsladvgroup s/msw_ad vcounc i l.htrnl Thanks for your assistance. Sincerei Gary . Trim ProgramSpecialist Waste Permits Division