11-11-2008 (City Council) Agenda Packet Wylie City Council
CITY:F WYLIE NOTICE OF MEETING
Regular Meeting Agenda
November 11, 2008 —6:00 pm
Wylie Municipal Complex —Council Chambers
2000 Highway 78 North
Eric Hogue Mayor
M. G. "Red" Byboth Mayor Pro Tern
David Goss Place 1
Kathy Spillyards Place 3
Merrill Young Place 4
Rick White Place 5
Carter Porter Place 6
Mindy Manson City Manager
Richard Abernathy City Attorney
Carole Ehrlich City Secretary
In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie
Municipal Complex, distributed to the appropriate news media, and posted on the City website:
www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted
on the City of Wylie website: www.wylietexas.gov.
The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the
audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone
conversation.
The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled
attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD
972.442.8170.
CALL TO ORDER
Announce the presence of a Quorum.
INVOCATION & PLEDGE OF ALLEGIANCE
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their
name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not
allowed to converse, deliberate or take action on any matter presented during citizen participation.
November 1 1,2008 Wylie City Council Regular Meeting Agenda Page 2 of 3
PRESENTATIONS
• Presentation and recognition of participants in the National Community
Planning Month. (R. 011ie, Planning Director)
• Presentation of the "Star Tree" for the City of Wylie 2008 Reach For A Star
Program. (K. England, Streets Crew Leader/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. Consider, and act upon, approval of the Minutes from the October 28, 2008 Regular
Meeting of the City Council. (C. Ehrlich, City Secretary)
B. Consider, and act upon, a Final Plat creating a single lot for Magnolia Estates
Addition on 10.342 acres, Block A, Lot 1 located south of Hensley Lane and
approximately 433 feet east of(Jerry Wayne Combest) Founders Park entry road.
(R. 011ie, Planning Director)
REGULAR AGENDA
General Business
1. Consider, and act upon, Ordinance No. 2008-48 prohibiting parking, stopping, or
standing of a vehicle along the south side of Riverway Lane from Appalachian Drive
to the Brookside Drive intersection at all times, and on Glen Lakes Court beginning
at the north end of the street to a point 120 feet south during the hours of 7:00 am to
8:00 am and 2:00 pm to 3:00 pm on school days. (C. Holsted, City Engineer)
Executive Summary
Groves Elementary is located on Riverway Lane just east of McCreary Road. The school has the largest
enrollment of all WISD elementary schools and only a few kids ride a bus to the school. Due to the
increase in traffic along Riverway, it is necessary to establish no parking, stopping, or standing along the
south side of the roadway to establish a turn lane into the school driveway.
2. Consider, and act upon, Ordinance No. 2008-49 amending Wylie Code of
Ordinances, Chapter 22, Article 1, Section 22-1 to include a definition of"Building
Codes"; repealing and replacing the language found in Chapter 22, Article II to
provide additional duties and restrictions on the Construction Code Board;
repealing and replacing the language in Chapter 22, Article X, Section 22.211 to
provide additional procedural requirements for the abatement of dangerous
buildings. (M. McAnnally, Building Official)
Executive Summary
Staff while working in conjunction with the City Attorney's office, has investigated other local and well
tested "Dangerous Structures Abatement Programs" in our state and it has been determined that the
November 11,2008 Wylie City Council Regular Meeting Agenda Page 3 of 3
recommended Chapters and Sections of the City of Wylie Code of Ordinances be revised to specify the
City of Wylie's ability to regulate and seek abatement of Abandoned, Dangerous or Nuisance Structures
through the clarification of the powers, duties and enhanced appointments to the Construction Code Board
by repealing and replacing Chapter 22, Article II establishing the Construction Code Board, and repealing
and replacing Section 22.211 of Article X, regulating the abatement of dangerous buildings, as provided in
the attachment.
3. Consider, and act upon, a request from Thomas S. Byrne for appropriation of
funds, not to exceed $100,000.00, to begin production of shop drawings for the Wylie
Municipal Complex project.
Executive Summary
The City of Wylie has received a request from Thomas S. Byrne, for the appropriation of funds, not to
exceed$100,000.00,to begin production of shop drawings for the Wylie Municipal Complex project. Shop
drawings are detailed fabrication design documents that must be submitted and approved by the architects
and engineers prior to production.
READING OF ORDINANCE
Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D.
WORK SESSION
• Presentation, update, discussion, and direction related to Construction costs and
Interior Design for the new Library, Recreation Center and City Hall. (Council,
Staff ARCHITEXAS, Architect/Holzman Moss, Architecture)
RECONVENE INTO REGULAR SESSION
Take any action as a result from Work Session.
ADJOURNMENT
CERTI FICATION
1 certi. that this Notice of Meeting was posted on this 7th day of November, 2008 at 5:00 p.m. as required by law in
accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was
contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wvlietexas.gov.
Carole Ehrlich,City Secretary Date Notice Removed
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: November 11, 2008 Item Number: Presentation
Department: Planning (City Secretary's Use Only)
Prepared By: Renae' 011ie Account Code:
Date Prepared: October 30, 2008 Budgeted Amount:
Exhibits:
Subject
Presentation to Students/Participants in National Community Planning Month.
Recommendation
None
Discussion
In recognition of their involvement and willingness to participate in the City of Wylie's National Community
Planning Month (NCPM) the Planning Department humbly acknowledges our sincere appreciation to all those
that made this event special.
Ms. Amy Millis, WISD Social Studies Curriculum Coordinator, who contacted the art teachers and made it
possible for us to again display art work designed by the 5th and 6th graders of WISD. The students depicted art
work centered on the theme "Green Communities". In keeping with the theme, they displayed various scenes of
protecting our environment.
The Planning Department and the City Council takes this time to recognize not only the students, but the
teachers as well. The Art Teachers of WISD Intermediate Schools who I am sure labored long with their
students in preparing the wonderful works of art that were displayed throughout City Hall: Mrs. Tina Stanfield,
Draper Intermediate and Mrs. Charlotte Pickett, Harrison Intermediate.
We would also like to thank Ms. Kendra Bartels, Ms. Sherrie McAnally and Mr. Dale Welch for allowing staff
and city officials to tour the Sanden facility where they manufacture automobile air conditioning compressors.
Approved By
Initial Date
Department Director RO 10/30/08
City Manager 111\ �l I►� I(��
Page 1 of 1
Wylie City Council
CITY OF WYLIE
Minutes
Wylie City Council
Tuesday, October 28, 2008 — 6:00 pm
Wylie Municipal Complex — Council Chambers
2000 Highway 78 North
CALL TO ORDER
Announce the presence of a Quorum.
Mayor Eric Hogue called the meeting to order at 6:02 p.m. with the following City Council
members present: Mayor Pro Tern Red Byboth, Councilwoman Kathy Spillyards, Councilman
David Goss, Councilman Merrill Young, Councilman Rick White and Councilman Carter Porter.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; City
Engineer, Chris Hoisted; Public Services Director, Mike Sferra; Police Chief, John Duscio;
Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Mayor Pro Tem Byboth gave the invocation and Councilwoman Spillyards led the Pledge of
Allegiance.
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their
name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not
allowed to converse, deliberate or take action on any matter presented during citizen participation.
Gilbert Tamez residing in the Creekside Estates Development addressed Council to thank
Public Services Director Mike Sferra and Parks Superintendent Bill Nelson and the Wylie Parks
staff for their assistance with the clean up of the creek area within the development. He brought
pictures of the team effort between City staff, and Creekside Estates residents in completing the
cleanup.
PRESENTATION
• Presentation to Sanden USA in recognition of National Community Planning
Month—"Green Communities". (R. 011ie, Planning Director)
Charles Lee, Senior Planner and Mayor Hogue presented a Certificate of Recognition for the
National Community Planning Month to Sanden International for their efforts to recycle industrial
products. This year's theme for National Community Planning Month is "Green Communities".
Mr. Lee stated that Sanden is a Wylie partner in preserving the environment by using recycling
Minutes—October 28, 2008
Wylie City Council
Page 1
and other conservation methods. Sherrie McAnally, Environmental Health Coordinator for
Sanden International was present to accept the Certificate.
• Performance review of the City of Wylie Delinquent Ad Valorem Tax
Collections. (T. Pounders,partner at Linebarger Goggan Blair &Sampson, LLP)
Tracey Pounders representing Linebarger Goggan Blair & Simpson, LLP, tax collection
attorneys for the City presented the Wylie Annual Delinquent Tax Collection Performance
Report. Mr. Pounders explained some of the services the firm provides to the City. These
include: delinquency notices, personal site visits, lien holder quick abstract collection initiatives,
filing of law suits, and telephone collection calls. He reported that the firm had represented the
City of Wylie since July, 2001 and in that time had collected over $2.3 million in delinquent tax,
penalty, interest and attorneys fees. He highlighted some of the collections for the current
reporting period.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by
one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed
from the Consent Agenda and will be considered separately.
A. Consider, and act upon, approval of the Minutes from the October 14, 2008 Regular
Meeting of the City Council. (C. Ehrlich, City Secretary)
B. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure
Reports as of September 30, 2008. (L. Williamson, Finance Director)
C. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie
Economic Development Corporation as of September 30, 2008. (S. Satterwhite,
Executive Director, WEDC)
Council Action
A motion was made by Councilman Young, seconded by Mayor Pro Tern Byboth to approve the
Consent Agenda as presented. A vote was taken and the motion passed 7-0.
REGULAR AGENDA
General Business
Tabled Item from October 14, 2008
Council Action
A motion was made by Councilman Porter, seconded by Councilwoman Spillyards to remove
consideration of a Development Agreement between the City of Wylie and James Stephen Gee
and Stacy Gee from the table and consider. A vote was taken and the motion passed 7-0.
Minutes—October 28, 2008
Wylie City Council
Page 2
1. (MOTION TO REMOVE FROM TABLE) Consider, and act upon, authorizing the City
Manager to execute a Development Agreement between the City of Wylie and James
Stephen Gee and Stacy Lynn Gee for the development of Southbrook Phase III. (R.
011ie, Planning Director)
Staff Comments
City Manager Manson addressed Council explaining that at the October 14, 2008 Council meeting this
item was tabled to allow the applicant time to review and make changes to the proposed agreement to be
more inline with the current zoning requirements. She reported that the agreement presented tonight had
those revisions to the original agreement which included the following additions: increasing minimum lot
size to 10,000 sq. ft.; increasing dwelling size to 1,957 sq. ft. (air conditioned) and adding 60 square feet
or larger front entry porch; board on board fencing, and mailboxes paired at lot lines and will incorporate
stone to match the home. City Manager Manson noted that constraints regarding the depth of the entire
tract do create a challenge.
Mr. Steve Gee, representing Southbrook Phase III explained that the additional three desirables were
items that would have been included with the construction as an ordinary feature. The proposed
Agreement sets forth the property involved, which consists of a 7 acre tract.
Council Action
A motion was made by Councilman Porter, seconded by Councilman Young to authorize the
City Manager to execute a Development Agreement between the City of Wylie and James
Stephen Gee and Stacy Lynn Gee for the development of Southbrook Phase Ill. A vote was
taken and the motion passed 7-0.
2. Consider, and act upon, Resolution No. 2008-46(R) to purchase power through the
Cities Aggregation Power Project (CAPP) and authorizing CAPP to negotiate and
execute an electric supply agreement for the period of January 1, 2009 through
December 31, 2013. (J. Butters, Assistant City Manager)
Staff Comments
Assistant City Manager Butters addressed Council stating that the Cities Aggregation Power Project, Inc.
(CAPP) was created as a non-profit political subdivision corporation in response to the deregulation of the
Texas electric market. CAPP is a cooperative buying group that pools the electric power requirements of
member cities in order to negotiate lower, more stable rates through bulk purchasing. In July of this year,
Council approved a resolution for the City to become a participating member of CAPP. The City is
currently purchasing electricity through a CAPP "bridge contract"which expires December 31, 2008.
He explained that CAPP is in the process of negotiating a new five-year contract on behalf of its member
cities which will take effect January 1, 2009. It should be noted that this is the standard CAPP contract
and not the long-term, prepaid contract which Council discussed and rejected in a recent workshop. The
energy provider under the new contract will be FPL Energy and Direct Energy will perform the necessary
billing and administrative services. Based on current market conditions, CAPP anticipates that they can
lock in a fixed commodity price in the range of$.08 per KWH if members act quickly. The City is currently
paying $.108 per KWH. The proposed resolution is necessary if the City is to participate in the new five-
year contract.
Minutes—October 28, 2008
Wylie City Council
Page 3
Council Action
A motion was made by Mayor Pro Tem Byboth, seconded by Councilman Porter to approve
Resolution No. 2008-46(R) to purchase power through the Cities Aggregation Power Project
(CAPP) and authorizing CAPP to negotiate and execute an electric supply agreement for the
period of January 1, 2009 through December 31, 2013. A vote was taken and the motion
passed 7-0.
3. Consider, and act upon, Resolution No. 2008-47(R) finding that Oncor Electric
Company's requested increases to its electric transmission and distribution rates
and charges within the City should be denied; finding that the City's reasonable
rate case expenses shall be reimbursed by the company; finding that the meeting at
which this resolution is passed is open to the public as required by law; requiring
notice of this resolution to the company and legal counsel. (M. Manson, City
Manager)
Staff Comments
City Manager Manson addressed Council stating that Oncor Electric Delivery Company ("Oncor" or "the
Company") filed an application on or about June 27, 2008 with cities retaining original jurisdiction seeking
to increase system-wide transmission and distribution rates by $275 million. (Until last year, Oncor was
known as TXU Electric Delivery Company.) The Company asks the City to approve a 17.6% increase in
residential rates, a 9.1% increase in commercial rates, and a 5.8% increase in street lighting rates.
According to Oncor, annual rates would increase by approximately $60 for an average residential
customer. Oncor's request has been assigned Public Utility Commission Docket No. 35717. The
resolution denies the Company's requested rate increase and requires that the Company's current rates
be maintained for all customers within the City.
City Manager Manson explained that the Company will reimburse the Steering Committee for its
reasonable rate case expenses. Legal counsel and consultants approved by the Executive Committee of
the Steering Committee will submit monthly invoices that will be forwarded to Oncor for reimbursement.
No individual city incurs liability for payment of rate case expenses by taking action to deny the
Company's rate increase.
Council Action
A motion was made by Councilman Young, seconded by Councilwoman Spillyards to approve
Resolution No. 2008-47(R) finding that Oncor Electric Company's requested increases to its
electric transmission and distribution rates and charges within the City should be denied; finding
that the City's reasonable rate case expenses shall be reimbursed by the company; finding that
the meeting at which this resolution is passed is open to the public as required by law; requiring
notice of this resolution to the company and legal counsel. A vote was taken and the motion
passed 7-0.
4. Consider, and act upon, Resolution No. 2008-48(R) authorizing the Mayor to enter
into an Interlocal Cooperation Agreement with the Wylie Independent School
District (WISD) for the shared use and maintenance of the WISD Fiber Optic
Network. (I Butters, Assistant City Manager)
Minutes—October 28, 2008
Wylie City Council
Page 4
Staff Comments
Assistant City Manager Butters addressed Council stating that during the 2008-2009 budget process
Council approved $75,000 to assist WISD in constructing the remaining portion of their fiber optic network
ring. In exchange WISD agreed to grant the City of Wylie access to connect too and utilize their fiber optic
network. The City and WISD also agree to share the maintenance cost of the fiber as long as the
agreement is in place. Current maintenance cost to the City would equal less then $10,000 per year.
Council Action
A motion was made by Councilman White, seconded by Councilman Porter to approve
Resolution No. 2008-48(R) authorizing the Mayor to enter into an Interlocal Cooperation
Agreement with the Wylie Independent School District (WISD) for the shared use and
maintenance of the WISD Fiber Optic Network. A vote was taken and the motion passed 7-0.
READING OF ORDINANCES
Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D.
City Secretary Ehrlich reported there were no ordinance captions to read for the record.
Mayor Hogue recessed the Regular City Council Meeting at 6:35 p.m.
WORK SESSION
Mayor Hogue convened into Work Session at 6: 50 p.m. with the following Council members
present: Mayor Pro Tem Byboth, Councilwoman Spillyards, Councilman Young, Councilman
Goss, and Councilman Porter. Councilman White was absent for the work session.
Parks and Recreation Advisory Board Chair Anne Hiney called the Parks and Recreation
Advisory Board to order at 6:51 p.m. with the following members present: Dan Chestnut, David
Willey, Brandi Lefleur, and Donna Larson. Board members Bennie Jones and Joy Cortinas were
absent.
• Joint Work Session with the City Council and the Parks and Recreation Board to
conduct a charrette concerning development of a Master Plan for the Wells
Property. The project consultant will facilitate the meeting and solicit input from
the group. (M. Sferra, Public Services Director/HalffAssociates)
Mayor Hogue announced that representatives from Halff Associates had not yet arrived and
asked members present to discuss their list of priorities for the development of the Wells
Property. Some of those priorities included: minimal impact to the natural state of the property,
a nature preserve, an outdoor learning center coordinated with WISD, a large pond possibly
stocked with catch and release fishing, an amphitheater, hike and bike trails and paths around
the property connecting to other parks and nature trails, and non-traditional play structures.
Representatives from Halff Associates arrived at 7:30 p.m. Mr. Francois De Koch, Project
Manager presented some site analysis of the Wells Property. He reported the firm had visited
the site with a naturalist and plant expert from the firm. He reported that the natural plant life
and soil on the property was very conducive to restoring the area to a natural state. He
reviewed some of the areas that would be required to remain undeveloped due to their
Minutes—October 28, 2008
Wylie City Council
Page 5
topography. He presented three design scenarios which included very low impact planning to
include the municipal complex and possibly an amphitheater but allowing most of the land to be
left natural. The second scenario involved medium impact to also include some ball parks and
sports areas. He presented the third scenario which included some planned development to
interact with the natural preserves and trails. He noted that this multi-use would induce activity
into the area and would promote use of the trails and other amenities. He stated that when
planned properly, this type of scenario would complement the area and increase interest.
PARKS BOARD ADJOURNMENT
With no further business before the Parks and Recreation Advisory Board, Chair Anne Hiney
adjourned the Parks Board at 7:57 p.m.
RECONVENE INTO REGULAR SESSION
Take any action as a result from Work Session.
Mayor Hogue reconvened the City Council into Regular Session at 7:58 p.m.
ADJOURNMENT
With no further business before the Wylie City Council, a motion was made by Mayor Pro Tern
Byboth, seconded by Councilman Goss to adjourn the meeting at 8:00 p.m. A vote was taken
and the motion passed 6-0 with Councilman White absent.
Eric Hogue, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Minutes—October 28, 2008
Wylie City Council
Page 6
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: November 11, 2008 Item Number: B
Department: Planning (City Secretary's Use Only)
Prepared By: Charles H. Lee, AICP Account Code:
Date Prepared: 10/28/08 Budgeted Amount:
Exhibits: One
Subject
Consider, and act upon, a Final Plat creating a single lot for Magnolia Estates Addition on 10.342 acres, Block
A, Lot 1 located south of Hensley Lane and approximately 433 feet east of(Jerry Wayne Combest) Founders
Park entry road.
Recommendation
Motion to approve a Final Plat creating a single lot for Magnolia Estates Addition on 10.342 acres, Block A,
Lot 1 located south of Hensley Lane and approximately 433 feet east of(Jerry Wayne Combest) Founders Park
entry road.
Discussion
The property was originally annexed into the City in 1995 and totals 10.052 acres. The zoning on the property is
Agricultural (AG/30). This plat will establish a single family residential lot and dedicate the necessary right-of-
way for Hensley Lane and utility easement located along its (frontage) northern boundary
The applicant proposes to develop a single family residence on the property and continue to use the remaining
portion for agricultural and animal husbandry purposes. The AG/30 zoning district allows for both uses by
right.
The 100 year floodplain and existing lake encompasses the southern 1/3 of the property and this would limit any
structural development in that area.
The Final Plat complies with all applicable technical requirements of the City of Wylie and substantially
conforms with the City's Land Use Plan.
Planning and Zoning Commission voted 4-0 to recommend approval.
Approved By
Initial Date
Department Director RO 10/28/08 rr/l
City Manager /4 M I 16)-(6
Page 1 of 1
•
•
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PROPERTY OYMEA'6 cFAnE1CWTF $OR.fYOR'S CCW01UiE
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is A«o RE ME,the undersigned p i
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the purpose ond consideration therein express.. ,
GIVEN OER 14Y HAND MO SEAL OF OFFICE.this tree y ofZWe.
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Final Plat
s.,,,w 91 �e pry StaPabbe te Te.,
- Lot 1, Block A
° Magnolia Estates
iocnnov MAP City of Wylie,Collin County,Texas
® N.T.S. Legend L Clifton Survey,Abstract No.193
s H.J.Hardin Survey,Abstract No.438
Steel Rd �. _ R.D.Newman Survey,Abstract No.660
•
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Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: November 11, 2008 Item Number: 1
Department: Engineering (City Secretary's Use Only)
Prepared By: Chris Hoisted Account Code:
Date Prepared: 11/3/08 Budgeted Amount:
Exhibits: Ordinance
Subject
Consider, and act upon, Ordinance No. 2008-48 prohibiting parking, stopping, or standing of a vehicle along the
south side of Riverway Lane from Appalachian Drive to the Brookside Drive intersection at all times, and on
Glen Lakes Court beginning at the north end of the street to a point 120 feet south during the hours of 7:00 am
to 8:00 am and 2:00 pm to 3:00 pm on school days.
Recommendation
Motion to approve Ordinance No. 2008-48 prohibiting parking, stopping, or standing of a vehicle along the
south side of Riverway Lane from Appalachian Drive to the Brookside Drive intersection and on Glen Lakes
Court beginning at the north end of the street to a point 120 feet south during the hours of 7:00 am to 8:00 am
and 2:00 pm to 3:00 pm on school days.
Discussion
Groves Elementary is located on Riverway Lane just east of McCreary Road. The school has the largest
enrollment of all WISD elementary schools and only a few kids ride a bus to the school. Due to the increase in
traffic along Riverway, it is necessary to establish no parking, stopping, or standing along the south side of the
roadway to establish a turn lane into the school driveway.
Glen Lakes Court is located just south of the school and in close proximity to the crosswalk and parents have
started using the street as an additional drop off and pick up area for the school. Staff met with the residents
and they requested that parking, stopping, or standing be prohibited in the cul-de-sac from 7:00 — 8:00 a.m. and
from 2:00—3:00 p.m. on school days.
Approved By
Initial Date
Department Director CH 11 3/08
City Manager , I 3 0
Page 1 of 1
ORDINANCE NO. 2008-48
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
SECTION 110-243 (STOPPING, STANDING, OR PARKING
PROHIBITED IN CERTAIN PLACES) OF ARTICLE VI (STOPPING,
STANDING, AND PARKING) OF CHAPTER 110 (TRAFFIC AND
VEHICLES) OF THE WYLIE CODE OF ORDINANCES; PROHIBITING
PARKING, STOPPING OR STANDING OF A VEHICLE ALONG (1)
GLEN LAKES COURT FROM THE NORTHERN MOST POINT OF
GLEN LAKES COURT EXTENDING 120 FEET SOUTH; AND (2) THE
SOUTH SIDE OF RIVERWAY LANE FROM APPALACHIAN DRIVE TO
BROOKSIDE DRIVE DURING THOSE TIMES SET FORTH IN THIS
ORDINANCE; ESTABLISHING AN OFFENSE; PROVIDING FOR A
PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING
FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has
investigated and determined that it is in the best interest of the City of Wylie, Texas ("Wylie") to
prohibit the stopping, standing, or parking of a vehicle along (1) Glen Lakes Court from the
northern most point of Glen Lakes Court and extending one hundred and twenty (120) feet south
of said point; and (2) Riverway Lane's southern lane of traffic from Appalachian Drive to the
Brookside Drive Intersection (the "Zones"); and
WHEREAS, the City Council further finds that it is a reasonable exercise of its police
power to prohibit the stopping, standing, or parking of a vehicle in the Zones; and
WHEREAS, the City Council further finds that the stopping, standing, or parking of a
vehicle in the Zones is dangerous and creates a traffic hazard that threatens the health, safety, and
welfare of motorists and pedestrians; and
WHEREAS, the City Council has investigated and determined that it would be
advantageous and beneficial to the citizens of Wylie and promote the public health, safety and
welfare of the school children to prohibit the stopping, standing, or parking located in Wylie, as
set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: FINDINGS INCORPORATED. The findings set forth above are
incorporated into the body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to Section 110-243 (Stopping, Standing, or Parking
Prohibited in Certain Places) of Article VI (Stopping, Standing, and Parking) of Chapter 110
(Traffic and Vehicles) of the Wylie Code of Ordinances. Section 110-243 (Stopping, Standing,
Ordinance No.2008-48
Prohibiting Stopping,Standing,or Parking in Designated Areas Page 1
533059.v2
or Parking Prohibited in Certain Places) of Article VI (Stopping, Standing, and Parking) of
Chapter 110 (Traffic and Vehicles) of the Wylie Code of Ordinances is amended to read as
follows:
"Sec. 110-173. Stopping, standing or parking prohibited in certain places.
(a) An operator may not stop, stand or park a vehicle:
(1) On the roadway side of a vehicle stopped or parked at the edge or curb of
a street;
(2) On a sidewalk;
(3) In an intersection;
(4) On a crosswalk;
(5) Between a safety zone and the adjacent curb or within 30 feet of a place
on the curb immediately opposite the ends of a safety zone, unless the
governing body of a municipality designates a different length by signs or
markings;
(6) Alongside or opposite a street excavation or obstruction if stopping,
standing, or parking the vehicle would obstruct traffic;
(7) On a bridge or other elevated structure on a highway or in a highway
tunnel;
(8) On a railroad track; [or]
(9) Where an official sign prohibits stopping; or [:]
(10) In the following designated areas, if a no stopping, standing, and parking
sign is posted:
(A) Glen Lakes Court from the northern most point of Glen Lakes
Court, extending one hundred and twenty (120) feet south of said
point from 7:00 — 8:00 a.m. and 2:00 — 3:00 p.m. when Groves
Elementary School is in session; and
(B) The southern lane of traffic on Riverway Lane from Appalachian
Drive to Brookside Drive.
(b) An operator may not, except momentarily to pick up or discharge a passenger,
stand or park an occupied or unoccupied vehicle:
(1) In front of a public or private driveway;
(2) Within 15 feet of a fire hydrant;
(3) Within 20 feet of a crosswalk at an intersection;
(4) Within 30 feet on the approach to a flashing signal, stop sign, yield sign or
traffic control signal located at the side of a roadway;
(5) Within 20 feet of the driveway entrance to a fire station and on the side of
a street opposite the entrance to a fire station within 75 feet of the
entrance, if the entrance is properly marked with a sign; or
(6) Where an official sign prohibits standing.
Ordinance No.2008-48
Prohibiting Stopping, Standing,or Parking in Designated Areas Page 2
533059.v2
(c) An operator may not, except temporarily to load or unload merchandise or
passengers, park an occupied or unoccupied vehicle:
(1) Within 50 feet of the nearest rail of a railroad crossing; or
(2) Where an official sign prohibits parking.
(d) A person may stop, stand, or park a bicycle on a sidewalk if the bicycle does not
impede the normal and reasonable movement of pedestrian or other traffic on the
sidewalk.
(e) A private vehicle operated by an elevator constructor responding to an elevator
emergency shall be exempt from subsections (a)(1), (a)(5), (a)(6), and (a)(9), (b),
and (c) of this section.
(f) Subsections (a), (b) and (c) of this section do not apply if the avoidance of conflict
with other traffic is necessary or if the operator is complying with the law or the
directions of a police officer or official traffic control device."
SECTION 3: ENFORCEMENT: In no way shall those areas where stopping, standing,
or parking is prohibited be obstructed and no parking shall occur therein. The Police Chief, or
his/her authorized representatives, is authorized to issue citations and/or remove or cause to be
removed any material or vehicle obstructing the area in which stopping, standing, or parking is
prohibited at the expense of the owner of such material or vehicle. The City shall not be
responsible or liable for any damage to any vehicle or personal property removed from the area
where stopping, standing, or parking is prohibited and shall not be responsible for any damage
resulting from the failure to exercise the authority granted under this Ordinance.
SECTION 4: SAVINGS/REPEALING CLAUSE. All provisions of any ordinance in
conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal
shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the
repeal prevent a prosecution from being commenced for any violation if occurring prior to the
repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and
effect.
SECTION 5: SEVERABILITY. Should any section, subsection, sentence, clause or
phrase of this Ordinance be declared unconstitutional or invalid by a court of competent
jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall
remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance,
and each section, subsection, clause or phrase thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses and phrases be declared unconstitutional or
invalid.
SECTION 6: PENALTY PROVISION. Any person violating this Ordinance shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not more
than Five Hundred Dollars ($500.00). Each continuing day's violation or separate act under this
Ordinance shall constitute a separate offense. The penal provisions imposed under this
Ordinance No.2008-48
Prohibiting Stopping, Standing,or Parking in Designated Areas Page 3
533059.v2
Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all
legal rights and remedies available to it pursuant to local, state and federal law.
SECTION 7: AMENDMENTS. For clarity in reading amendments to the Wylie Code of
Ordinances, any language intended to be added to the code may be underscored in the amending
ordinance, and any language intended to be deleted from the code may be placed in brackets and
stricken through. These markings, when used, and the deleted portions shall be removed when
amendments are printed in the code. The amended provisions as set forth in this Ordinance have
also been renumbered for ease of reading.
SECTION 8: EFFECTIVE DATE. This Ordinance shall be effective upon its passage
and publication as required by law.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas,
this 11th day of November, 2008.
ERIC HOGUE, Mayor
ATTESTED AND CORRECTLY
RECORDED:
CAROLE EHRLICH, City Secretary
Date of publication in The Wylie News—November 19, 2008
Ordinance No.2008-48
Prohibiting Stopping, Standing,or Parking in Designated Areas Page 4
533059.v2
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: November 11, 2008 Item Number: 2
Department: Building (City Secretary's Use Only)
Prepared By: J.M. "Mike" McAnnally Account Code:
Date Prepared: November 3, 2008 Budgeted Amount:
Exhibits: Ordinance
Subject
Consider, and act upon, Ordinance No. 2008-49 amending Wylie Code of Ordinances, Chapter 22, Article 1,
Section 22-1 to include a definition of"Building Codes"; repealing and replacing the language found in Chapter
22, Article II to provide additional duties and restrictions on the Construction Code Board; repealing and
replacing the language in Chapter 22, Article X, Section 22.211 to provide additional procedural requirements
for the abatement of dangerous buildings.
Recommendation
A motion approving Ordinance No. 2008-49 amending Wylie Code of Ordinances, Chapter 22, Article 1,
Section 22-1 to include a definition of"Building Codes"; repealing and replacing the language found in Chapter
22, Article II to provide additional duties and restrictions on the Construction Code Board; repealing and
replacing the language in Chapter 22, Article X, Section 22.211 to provide additional procedural requirements
for the abatement of dangerous buildings.
Discussion
Staff while working in conjunction with the City Attorney's office, has investigated other local and well tested
"Dangerous Structures Abatement Programs" in our state and it has been determined that the recommended
Chapters and Sections of the City of Wylie Code of Ordinances be revised to specify the City of Wylie's ability
to regulate and seek abatement of Abandoned, Dangerous or Nuisance Structures through the clarification of the
powers, duties and enhanced appointments to the Construction Code Board by repealing and replacing Chapter
22, Article II establishing the Construction Code Board, and repealing and replacing Section 22.211 of Article
X, regulating the abatement of dangerous buildings, as provided in the attachment.
This ordinance recommendation reflects what is considered simplified terminology and legal language for the
protection of our citizens, community welfare and the subject property owners. Additionally, it outlines and
defines the procedural elements of"Due Process" while seeking compliance and allows for proper jurisdictional
appeals. It allows for the flexibility at the owner's discretion to demolish, repair or restore structures both prior
to and post the Construction Code Board's issuance of"Final Orders" and allows for the financial recoveries for
services rendered by the City of Wylie.
Approved By
Initial Date
Department Director MM 11/3/08
City Manager t
Page 1 of 1
ORDINANCE NO. 2008-49
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
WYLIE CODE OF ORDINANCES, CHAPTER 22, ARTICLE I, SECTION
22-1 TO INCLUDE A DEFINITION OF "BUILDING CODES";
REPEALING AND REPLACING THE LANGUAGE FOUND IN
CHAPTER 22, ARTICLE II TO PROVIDE ADDITIONAL DUTIES AND
RESTRICTIONS ON THE CONSTRUCTION CODE BOARD;
REPEALING AND REPLACING THE LANGUAGE IN CHAPTER 22,
ARTICLE X, SECTION 22.211 TO PROVIDE ADDITIONAL
PROCEDURAL REQUIREMENTS FOR THE ABATEMENT OF
DANGEROUS BUILDINGS; 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" or the "City") to amend the Wylie Code of Ordinances by
repealing Chapter 22, Article II establishing the Construction Code Board, and repealing Section
22.211 of Article X, regulating the abatement of dangerous buildings, as provided herein; and
WHEREAS, the City Council has determined that adoption of the regulations set forth
herein is necessary to help protect life, health safety and welfare of persons and to protect
property.
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: Amend Section 22-1 (Definitions) of Article I (General) of Chapter 22
(Buildings and Building Regulations) of the Wylie Code of Ordinances. Section 22-1
(Definitions) of Article I (General) of Chapter 22 (Buildings and Building Regulations) of the
Wylie Code of Ordinances is amended to add the following definition:
"Building Codes means all of the International Codes that have been adopted and
amended under this Chapter, unless otherwise specified herein."
SECTION 3: Repeal language in Article II (Construction Code Board) of Chapter 22
(Buildings and Building Regulations) of the Wylie Code of Ordinances. The language in Article
II (Construction Code Board) of Chapter 22 (Buildings and Buildings Regulations) of he Wylie
Code of Ordinances is hereby repealed and replaced with the following language:
Ordinance No.2008-49
Regulating Dangerous Structures Page 1
531954.v3
"Article II. Construction Code Board.
Sec. 22.21. Created.
There is hereby created the Construction Code Board ("Board").
Sec. 22.22. Composition of the Board.
The Board shall consist of seven members and three alternate members appointed by the
City Council. The Board shall also include ex-officio members as described in this
Article.
Sec. 22.23. Qualifications of member.
(a) One designated member shall be a taxpaying resident of the City.
(b) Two designated members shall be taxpaying resident building contractors.
(c) Two designated members shall be taxpaying resident plumbers.
(d) Two designated members shall be taxpaying resident electricians (one master and
one journeyman).
(e) If members in the subsection (b), (c) or (d) categories of this section are not
available for appointment, one of the two designated tradesmen for each category
may be replaced with a member in the subsection (a) category of this section.
Sec. 22.24. Alternate members.
Alternate members shall be taxpaying resident of the City. In the absence of one or more
members of the Board, alternate members shall attend the meeting when requested to do
so by the Board's chairman, the Building Official, or the Building Official's designee.
The Board's chairman may dismiss an alternate member if all members are in attendance.
The alternate members are subject to the same attendance and general rules as the Board
members.
Sec. 22.25. City staff and ex-officio members.
The City shall provide the Board with the necessary staff to conduct its proceedings, as
provided by the budget. The Building Official (or in his absence his designee) shall
attend all Board meetings and shall be considered an ex-officio member of the Board.
The Building Official (or in his absence his designee) shall serve as the Board's expert on
all matters relating to city ordinances and building codes. The Building Official (or in his
absence his designee), however, shall not have voting rights. The Building Official (or in
his absence his designee) shall recuse himself when the Board hears appeals of the
Building Official's decision and during hearings relating to the abatement of dangerous
Ordinance No.2008-49
Regulating Dangerous Structures Page 2
531954.v3
buildings and structures. In such matters, the Building Official (or in his absence his
designee) shall represent himself and his department before the Board. The Building
Official shall also appoint a staff person to act as the Board's Secretary. The Board's
Secretary shall also be an ex-officio member and shall be responsible for keeping the
minutes of the Board and providing any other support necessary for the Board to
effectively conduct its proceedings.
Sec. 22.26. Tenure of office.
The members and alternate members of the Board shall serve for two-year staggered
terms. After the expiration of the terms of the appointees, members and alternate
members shall continue until their successor is appointed. Any member of the Board
may be removed by the City Council for cause. Vacancies within the Board shall be
filled by appointment for the unexpired term.
Sec. 22.27. Regular and called meetings.
The Board shall hold such regular, special or called meetings as are necessary for its
proper performance of duty.
Sec. 22.28. Powers and duties.
(a) Hear appeals from decisions of the Building Official and
(b) Order the repair, within a fixed period, of buildings or structures found to be in
violation of an ordinance and
(c) Declare a building substandard in accordance with the provisions of Section
22.211 hereof, as the same be hereafter amended and
(d) Order, when permitted by state and local law, the immediate removal of persons
or property found on private property if it is determined that conditions exist on
the property that constitute a violation of an ordinance and
(e) Order action to be taken as necessary to remedy, alleviate, or remove any
substandard building or structure found to exist in violation of Section 22.211
hereof, as the same may be hereafter amended and
(f) Issue orders or directives to any peace officer of the state, including a sheriff or
constable or the chief of police of the City to enforce and carry out the lawful
orders or directives of the Board and
(g) Order, when appropriate, that a building or structure be secured from
unauthorized entry and establish the specifications that must be complied with to
secure the building or structure and order that the building be repaired or
Ordinance No.2008-49
Regulating Dangerous Structures Page 3
531954.v3
demolished if the building or structure is not secured in compliance with the order
and
(h) Order the Building Official to post an appropriate notice in a conspicuous place
on a building or structure when the building or structure has been declared
substandard by the Board and dangerous to the health, safety, or welfare of its
occupants or to the citizens of the City. Such notice may contain, among other
provisions, language to the effect that (i) the building/structure has been declared
substandard or unsafe by the Board; (ii) occupancy of the building or structure is
prohibited; (iii) the building or structure must be vacated within a specified
period of time; and/or (iv) entrance into the building or structure is prohibited by
any persons other than inspectors designated by the City (herein referred to as
"Building Inspectors") and persons authorized by the owner who enter solely for
the purpose of correcting the hazardous condition and
(i) Review and study the building codes, as the same now exists or may be hereafter
amended, and all rules and regulations issued thereunder for the purpose of
remedying any deficiencies, errors, or discrepancies therein, assessing the use of
the latest safe and sound building materials, standards, specifications, and
practices conductive to the constant improvement of human habitation within the
City, and recommending to the Building Official modifications of existing rules
and regulations or the promulgation of additional rules and regulations and
(j) Review written requests for advisory opinions from the Building Official and
issue opinions in connection therewith, regarding the technical sufficiency of any
substitute material or practice, when the Building Official is authorized to allow a
substitution under the building code(s) and the particular substitute material or
practice is not expressly called out in the building code(s). The proposed
substitution must be satisfactory and the material, method, or work offered is, for
the purpose intended, at least the equivalent of that prescribed in the codes in
strength, effectiveness, fire resistance, durability, safety, and sanitation., and
(k) Order action by the Building Official (or his designee) to be taken to remedy any
swimming pool(s) or spa(s) that is found to be "Dangerous" as determined by the
Board, by means of contracting (1) the securing from entry, and /or (2) the
construction of a covering that prohibits the accidental or otherwise unauthorized
access by person(s) of any age and the habitation of vectors, rodents and other
animals / reptiles undesirable to the community or (3) other proper abatement
procedures as may be determined in the public interest and
(1) Order action to be taken to remedy, alleviate, or remove any condition relating to
the accumulation of refuse, vegetation or matter that creates breeding and living
places for insects and rodents and
(m) Issue appropriate orders in connection with all matters brought before it over
which it exercises jurisdiction and
Ordinance No.2008-49
Regulating Dangerous Structures Page 4
531954.v3
(n) Order any structure(s) found to be a "Dangerous Structure" by the Board and
allowed to be repaired only duly licensed contractors properly registered with the
City of Wylie. The conditions allowed for repairs must satisfy the conditions of
significant compliance as determined by the Building Official (or his designee)
for all of the most current adopted building codes, ordinances inclusive of all
locals, state and federal laws.
The Board may not waive any requirement of federal / state laws, the building codes or
any the City of Wylie Code of Ordinances.
Sec. 22.29. Quorum and Voting.
Four (4) members of the Board present at any meeting shall constitute a quorum for the
transaction of business. A concurring majority vote is necessary to constitute an official
action of the Board for every action other than (1) a Board action overturning or
modifying the Building Official's decision; or (2) a Board action authorized under
Section 214 of the Texas Local Government Code. With regards to Subsection (1) and
(2), a concurring four(4) votes is necessary to constitute an official action of the Board.
Sec. 22.30. Proceedings of the Board.
(a) The Board shall adopt rules to establish procedures for use in hearings which
must provide ample opportunity for presentation of evidence and testimony by
respondents or persons opposing decisions made by the Building Official.
(b) The Board shall at its first meeting in each calendar year, select a chair and vice-
chair of the Board. The chair shall preside over all meetings of the Board. If the
chair is not in attendance, the vice-chair shall preside over the meeting.
(c) Meetings of the Board may be called by the chairman or the Building Official.
All meetings of the Board shall be open to the public. The chairman, or in the
chairman's absence the vice chairman, may administer oaths and compel the
attendance of witnesses.
(d) The Board, with help from the Board Secretary, shall keep minutes of its
proceedings showing the vote of each member on each question or the fact that a
member is absent or fails to vote. The Board shall keep records of its
examinations and other official acts. The minutes and records shall be filed
immediately in the office of the city secretary as public records.
(e) Any person aggrieved by a decision or ruling of the Building Official may appeal
that decision to the board. An appeal must be made in writing, specify the grounds
for appeal, and be filed with the Building Official within fifteen (15) days after
the Building Official's final decision. The Building Official shall transmit to the
board all of the papers constituting the record of the action being appealed. The
Ordinance No.2008-49
Regulating Dangerous Structures Page 5
531954.v3
board shall, within a reasonable time, hold a public hearing on the matter and
render a decision either sustaining, modifying, or reversing the action appealed.
Sec. 22.31. Notice of proceedings.
(a) Notice of all proceedings before the Board shall be given by the Building Official
pursuant to the requirements set forth in Chapter 214, Subsection A of the Texas Local
Government Code, when applicable. The Building Official shall also provide notice of all
proceedings by:
(1) Sending written notice by certified mail, return receipt requested and by
regular mail to all owners of the affected property as listed in the latest
deed records; and
(2) Sending written notice by certified mail, return receipt requested and by
regular mail to each lien holder for the affected property, as shown by the
records in the office of the county clerk of the county in which the affected
property is located, if the address of the lienholder can be ascertained from
the deed of trust establishing the lien or other applicable instruments on
file in the office of the county clerk; and
(3) Sending written notice by certified mail, return receipt requested and by
regular mail to the party who filed an appeal with the Board, if applicable;
and
(4) Posting a copy of the notice on the front door of the building or structure
situated on the affected property or as close to the front door as
practicable.
(b) Notices shall be mailed and posted before the tenth (10th) day before the date of
the hearing before the Board and must state the date, time, subject, and place of the
hearing. In addition, the notice shall be published in a newspaper of general circulation
in the City at least once before the tenth day before the date of the hearing.
(c) If the address of a person having an interest in the property as shown in the deed
records is unknown or if the notice is returned undelivered, a copy of such notice posted
on the building or structure shall constitute notice to any person having an interest in the
property who does not receive personal service.
Sec. 22.32. Procedures to follow when order issued.
After the decision becomes final, a copy of the order issued by the Board shall be
promptly mailed first class, certified, return receipt requested to all persons to whom
notice is required to be sent under section 22.30 hereof. In addition, a copy of the order
shall be published one time in a newspaper of general circulation in the City within ten
(10) calendar days after the date of mailing the copy as provided in this section. Also, a
Ordinance No.2008-49
Regulating Dangerous Structures Page 6
531954.v3
copy of the order shall be filed in the office of the city secretary and in the deed records
of the county in which the land is located.
Sec. 22.33. Appeals from Board orders.
A decision of the board is the final administrative remedies and is binding upon all
parties. Upon the filing of a decision with the city secretary and the Building Official, it is
the duty of the Building Official to enforce the decision of the Board. A person aggrieved
by a decision of the Board may within thirty (30) days after receiving notice of the
board's decision, appeal to a District Court of the appropriate jurisdiction. The suit must
be filed against the board as defendant and service of process must be made upon the
Board by serving the City Secretary. If no suit is filed within the thirty (30) days, the
decision of the Board shall be final and binding. With respect to orders issued hereunder
pursuant to authority granted in Chapter 54, Subchapter C of the Local Government
Code, as hereafter amended, if appeals are not taken within the period prescribed under
Chapter 54,the decision of the Board shall be, in all things, final and binding.
Sec. 22.34. Failure to comply with order of Board.
Failure to comply with an order issued by the Board shall entitle the City to avail itself of
any and all remedies provided by law, including but not limited to,the following:
(1) In the enforcement of the Board's order, to vacate, secure, remove, repair
or demolish a building or relocate the occupants at its expense and assess
the expenses as a lien upon the real property on which the building or
structure is located;
(2) In the enforcement of the Board's order, to remedy at its expense
conditions caused by accumulations of refuse, vegetation or other matter
creating breeding and living places for insects and rodents and assess the
expenses as a lien upon the real property on which the condition existed;
(3) To proceed under the jurisdiction of the municipal court of the City;
provided, however, that this remedy shall not be construed to require an
order from the Board before the City may proceed under the jurisdiction of
the municipal court;
(4) To enforce a civil penalty by filing a certified copy of the order with the
district clerk of the appropriate county; and
(5) To proceed, in appropriate cases, in district or county court to enforce the
City ordinances and orders of the Board.
Secs. 22-35—22.40. Reserved."
Ordinance No.2008-49
Regulating Dangerous Structures Page 7
531954.v3
SECTION 4: Repeal of language in Section 22.211 (Regulating Abatement of
Dangerous Buildings) of Article X (Dangerous Buildings) of Chapter 22 (Buildings and Building
Regulations of the Wylie Code of Ordinances. The language in Section 22.211 (Regulating
Abatement of Dangerous Buildings) of Article X (Dangerous Buildings) of Chapter 22
(Buildings and Building Regulations) of the Wylie Code of Ordinances is hereby repealed and
replaced with the following language:
"Sec. 22.211. Procedures for Abatement of Dangerous Buildings and Structures.
(a) Securing and Abating Dangerous Structures. The City hereby adopts the
procedures set forth in Texas Local Government Code Chapter 214, Subchapter A, as it
exists or may be amended, as the procedures of the City for the vacation, relocation of
occupants, securing, repair, removal or demolition of a dangerous building or structure,
as further defined in subsection (c) of this Section, subject to the herein described
amendments and/or additional restrictions. Hearings shall be before the Construction
Code Board. This Section 22.211 does not govern routine code enforcement citations for
structures other than Dangerous Structures.
(b) Minimum Standards. The minimum standards for the continued use, occupancy
and maintenance of all buildings and structures are the standards adopted by ordinance,
including but not limited to any National or International Code Council regulations and
local amendments adopted by ordinance such as the International Property Maintenance
Code, the International Residential Code and the National Electric Code (hereinafter
referred to in this Section as "Building Standards").
(c) Definition of"Dangerous Structure. "
(1) All buildings or structures which have any or all of the following defects
shall be deemed Dangerous Structures:
(A) Those which have interior walls or other vertical structural
members that list, lean or buckle to such an extent that a plumb
line passing through the center of gravity falls outside the middle
third of its base.
(B) Those which, exclusive of the foundation, show thirty-three
percent (33%) or more of damage or deterioration of the
supporting member or members or fifty percent (50%) of damage
or deterioration of the nonsupporting enclosing or outside walls or
covering.
(C) Those which have improperly distributed loads upon the floors or
roofs or overloaded roofs or floors, or which have insufficient
strength to be reasonably safe for the purpose used.
Ordinance No.2008-49
Regulating Dangerous Structures Page 8
531954.v3
(D) Those which have been damaged by fire, wind or other causes so
as to have become dangerous to life, safety, morals, or the general
health and welfare of the occupants or the people of the City.
(E) Those which are so dilapidated, decayed, unsafe, unsanitary or
which so utterly fail to provide the amenities essential to decent
living that they are unfit for human habitation, or which are likely
to cause sickness or disease so as to work injury to the health,
morals, safety or general welfare of those occupying such
building or structure.
(F) Those having light, air and sanitation facilities which are
inadequate to protect the health, morals, safety or general welfare
of human beings who live or may live therein.
(G) Those which have inadequate facilities for egress in case of fire or
panic or those having insufficient stairways, elevators, fire escapes,
or other means of communication.
(H) Those, regardless of their structural condition, which have during
times that they were not actually occupied by their owners, lessees
or other invitees, been left unsecured from unauthorized entry to
the extent that they may be entered and utilized by vagrants or
other uninvited persons as a place of harborage or may be entered
and utilized by children as a play area.
(I) Those which have parts thereof which are so attached that they
may fall and injure members of the public or property.
(J) Those which because of their condition are unsafe, unsanitary, or
dangerous to the health, morals, safety or general welfare of the
people of the City.
(K) Those buildings existing in violation of any provisions of this
Ordinance, the building code, the fire code, or other ordinances of
this City if the violation is of such a nature that the building or
structure constitutes a danger to its occupants or to others.
(2) A building or structure that is boarded-up, fenced or otherwise secured in
any manner may, nevertheless, be deemed to be a Dangerous Structure
under the foregoing criteria if:
(A) The building constitutes a danger to the public even though
secured from entry; or
Ordinance No.2008-49
Regulating Dangerous Structures Page 9
531954.v3
(B) It is found that the means utilized to secure the building or
structures are not adequate to prevent unauthorized entry of the
building in contravention of subsection(2)(A) above.
(3) The term "Dangerous Structure(s)" shall include a swimming pool(s) or
spa(s) that is:
(A) Abandoned or
(B) Poses a Health or an Environmental risk to the community or
(B) Unsecured from entry or access or
(C) Although secured from entry, the swimming pool(s) or spa(s)
constitutes a danger to the public or
(E) Improperly maintained or fail to be operated in accordance with
local, state and federal regulations or
(F) Allows for the habitation of vectors, rodents and other animals /
reptiles undesirable to the community or
(G) Is inoperable or unable to be used safely or
(H) Otherwise deemed to be unacceptable for its intended purpose due
to missing or improperly installed / operated safety, mechanical or
electrical equipment/apparatus.
(d) Declared to be nuisances. All Dangerous Structures within the terms of
subsection (c) hereof are hereby declared to be public nuisances and shall be vacated
and/or repaired and/or demolished and/or secured as provided for in this Ordinance.
(e) Authority of Building Official. The Building Official (or his designee) is hereby
authorized and directed to enforce any and all provisions of this Ordinance. The Building
Official's enforcement authority shall include, but not be limited to, the following:
(1) Inspecting or supervising the inspection of any building, wall or
structure about which complaints are filed by any person to the effect
that a building, wall or structure is or may be an existing violation of
the terms of this Ordinance.
(2) Inspecting or supervising the inspections of any building, wall or structure
reported by the health or police department or fire marshal's office of this
City as probably existing in violation of the terms of this Ordinance.
Ordinance No.2008-49
Regulating Dangerous Structures Page 10
531954.v3
(3) Inspecting or supervising the inspection of buildings or structures in the
City to determine whether they are Dangerous Structures within the terms
of subsection(c) hereof.
(4) Making or causing to be made surveys in any area of the City to determine
the general condition of structures or buildings, the extent of deterioration,
the lack of facilities or maintenance, unsafe and unsanitary conditions and
other relevant factors necessary to implement the purposes of this
Ordinance.
(5) Presenting testimony to the Code Construction Board in support of any
allegations of a violation of the provision(s) of this Ordinance.
The Building Official (or his designee) shall be authorized to enter any
building, structure, or premises at any reasonable time to exercise the authority prescribed
in this Ordinance.
(f) Access to structures. The owner, operator, agent or occupant of every structure,
building or premises shall permit the Building Official (or his designee) to enter the
structure, building or premises at reasonable times for the purpose of inspection.
(g) Identification. The Building Official (or his designee) shall be supplied with
official identification and upon request shall exhibit identification when entering any
structure, building or premises.
(h) Authority of city attorney. The city attorney shall have authority to:
(1) Prosecute all persons failing to comply with the terms of the notices and
orders provided for in this Ordinance.
(2) Appear at all hearings before the Construction Code Board.
(3) Bring suit to collect all municipal charges, liens, or costs incurred by the
City of Wylie in preparing or causing Dangerous Structures to be vacated,
repaired, secured and/or demolished.
(4) Take such other legal action as is necessary to carry out the terms and
provisions of this Ordinance.
The remedies provided for herein shall be cumulative and not exclusive and shall
be in addition to any other remedies provided by law; any and all remedies may
be pursued concurrently or consecutively, and the pursuit of any remedy shall not
be construed as an election or the waiver of the right to pursue any and all of the
others.
(i) Notice of violation.
(1) Whenever the Building Official determines that there has been a violation
or that there are reasonable grounds to believe that there has been a
Ordinance No.2008-49
Regulating Dangerous Structures Page 11
531954.v3
violation or alleged violation of this Ordinance, notice of such violation or
alleged violation shall be given to the owner, occupant, lessee, mortgagee,
agent and all other persons having an interest in the structure or building
as shown by the real property records of the county in which the land is
located.
(2) The notice provided for in this Section 22.211 shall be in writing, shall
contain a description of the premises upon which the building or structure
is located, shall specify the alleged violation, and shall state whether the
building or structure must be vacated (if it is occupied), secured, repaired,
removed and/or demolished in order to comply with the terms of this
Ordinance. The notice shall also provide that failure to comply with such
notice may result in a public hearing before the Construction Code Board,
which may issue an order requiring the building or structure to be vacated,
secured, repaired, removed and/or demolished pursuant to the terms of this
Ordinance.
(3) Any person or entity notified pursuant to this Section shall be given a
reasonable time, not exceeding thirty (30) days, to comply with the notice.
If after inspecting the structure or building, the Building Official
determines that it is necessary to extend such time period, written notice of
the time extension shall be given to the affected person or entity.
(j) Standards to be followed in issuing notices of violations. The Building Official
(or his designee) shall follow the applicable standards set forth below in issuing
notices of violations of this Ordinance:
(1) If the structure or building is occupied and in such condition as to make it
dangerous to the health, safety or welfare of its occupants, the notice shall
provide that the building or structure must be vacated.
(2) If the structure or building can reasonably be repaired so that it will no
longer violate the provisions of this Ordinance, the notice shall provide
that the structure or building must be repaired (or demolished at the
owner's option) such that it complies with the applicable provisions of this
Ordinance.
(3) If the structure or building cannot be reasonably repaired such that it
complies with the applicable codes of the City, the notice shall provide
that the structure or building must be demolished.
(4) If the building or structure is unoccupied and the condition of the building
or structure is such that it may be brought into compliance by securing it
from unauthorized entry, then the notice may provide that it be so secured
and be kept secured and may include written specifications that must be
complied with in securing the building or structure; in addition, the notice
Ordinance No.2008-49
Regulating Dangerous Structures Page 12
531954.v3
may provide that the building or structure be repaired or demolished if it is
not secured in compliance with the notice.
(5) If the building or structure is at least fifty percent (50%) damaged,
decayed or deteriorated, the notice shall provide that the building or
structure must either be repaired or demolished if it cannot be repaired so
that it complies with the applicable codes of the City.
(k) Notice of public hearing before Construction Code Board. Upon the failure of the
owner, occupant, lessee, mortgagee, agent or other person(s) with an interest in the
building or structure to comply with the notice sent pursuant to subsection (i) hereof, the
Building Official may schedule a public hearing before the Construction Code Board and
provide notices of such hearing in accordance with the requirements of Chapter 214,
Subsection A of the Texas Local Government Code, subject to the amendments and/or
additional restrictions described in this Ordinance.
(1) Service of notices when interested parties not in City. In cases where the owner,
occupant, lessee, mortgagee or any other person having an interest in the property is
absent from the City, the notice required pursuant to subsection (i) of this Ordinance shall
be sent by registered mail or certified mail, return-receipt requested, to the owner,
occupant, mortgagee, lessee and all other persons having an interest in the building or
structure involved, as shown by the land records of the county in which the land is
located, to the last known address of each, and a copy of such notice shall be posted in a
conspicuous place on the building to which the notice relates. Such posting and mailing
shall be deemed adequate service of notice.
(m) Placarding inherently dangerous building(s) or structure(s)
(1) If a Building Inspector completes an inspection of a building or structure
and finds it to be inherently dangerous and, in the opinion of such
Building Inspector, a nuisance per se, upon approval of such finding ex
parte by the Building Official, such Building Inspector shall place a notice
on such building or structure forthwith which shall contain language to
the effect that the building or structure is a Dangerous Structure and that
all unauthorized persons entering the building/structure shall be subject to
a fine as set forth in Section 22.211(r) of this Ordinance.
(2) The approval of the Building Official of a finding pursuant to this Section
and the posting of the notice provided for above shall not be construed to
deprive any person entitled thereto to the notice and hearing prescribed in
Chapter 214, Subsection A of the Texas Local Government Code or in this
Ordinance.
Ordinance No.2008-49
Regulating Dangerous Structures Page 13
531954.v3
(n) Emergencies.
(1) In cases where it reasonably appears that there is immediate danger to the
health, life or safety of any person unless a Dangerous Structure, as
defined herein, is immediately repaired, vacated, demolished or secured,
the Building Inspector shall report such facts to the Building Official. If
the Building Official finds that there is in fact an immediate danger to
the health, life or safety of any person unless the building/structure is
immediately repaired, vacated, demolished or secured, he shall cause the
immediate repair, vacating, demolition or securing of such
building/structure.
(2) Whenever the Building Official causes a building/structure to be repaired,
vacated, demolished or secured pursuant to this Ordinance, he shall cause
a notice, as described in subsection (m) hereof, to be posted on the
building/structure. In addition, the Building Official shall schedule a
hearing before the Construction Code Board concerning the action taken
pursuant to this section and send notice of such hearing to all persons
required pursuant to Chapter 214, Subsection A of the Texas Local
Government Code, subject to the amendments and/or additional
restrictions described in this Ordinance. The notice shall set forth the
specific conditions which rendered the building a dangerous building and
an immediate danger to the health, life or safety of person(s). At such a
hearing, the burden shall be upon the City to show that the immediate
action was necessary because the building/structure was dangerous within
the meaning of subsection (c) hereof and an immediate danger to the
health, life or safety of person(s). If after completion of the presentation
of the testimony by all parties appearing, the Construction Code Board
finds that the action was necessary because the building/structure was
dangerous within the meaning of subsection (c) hereof and an immediate
danger to health, life or safety of person(s), all expenses and costs of
vacating, repairing, securing, or demolishing the building or structure shall
be calculated and assessed against the owners of the building/structure,
shall constitute a lien on the land on which the building/structure stood,
and shall bear interest as provided in subsection (s)(2).
(o) Cleanup after demolition or removal of structure or buildings. Within thirty (30)
days after any building or structure is demolished or removed from any lot or tract of
land:
(1) All debris must be removed from the property.
(2) All holes or depressions in the ground must be filled to grade level.
(3) All lumber, pipes and all other building materials must be removed
from the property.
Ordinance No.2008-49
Regulating Dangerous Structures Page 14
531954.v3
(4) All pipes and conduits must be removed from above grade and must be
removed or sealed below grade.
(5) All piers, pilings, steps, foundations, and other appurtenances must be
removed from the property.
Each owner and each person having control over the property on which
the building or structure stood prior to removal or demolition is
individually responsible for completing such work or causing such work to
be completed.
(p) Report, inspection where work believed not completed. City employees may
make a written report to the Building Official whenever such employee has reason to
believe a building or structure has been demolished or removed from a lot or tract of land
and the work required by this Section 22.211 has not been completed.
(q) Notice to complete work. To the extent that the Construction Code Board has not
issued an order pursuant to subsection (n) hereof, whenever it shall come to the
knowledge of the Building Official that a building or structure has been demolished or
removed and that the work required by this Ordinance has not been completed, the
Building Official shall cause written notice to be given by personal service or by certified
mail, return receipt requested, to the owner of the property or to any person having
control over the property setting out the work required by this Ordinance which has not
been completed. In such notice,the Building Official may order the owner of the property
or person having control over the property to complete or cause to be completed all work
required by this Ordinance within thirty (30) days of service of such notice.
(r) Violations and Penalties.
(1) It shall be unlawful for the owner, occupant or lessee in possession
of any building subject to an order issued under this Section 22.211, or
anyone having an interest in the building as shown by the real property
records of the county in which the building is located, and under a legal
duty to take the ordered actions with respect to the building, to fail to
comply with any applicable order issued pursuant to Section 22.211. Any
such person or entity in violation of Section 22.211 or any order issued
pursuant to Section 22.211 shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be fined a sum not to exceed two thousand
dollars ($2,000.00). Each continuing day's violation shall constitute a
separate offense.
(2) Any person, firm, corporation, or entity that removes any notice posted
under the provisions of Section 22.211, shall be deemed guilty of a
Class B misdemeanor, as authorized by Section 214.002(c) of the Texas
Local Government Code, and upon conviction thereof shall be fined a sum
Ordinance No.2008-49
Regulating Dangerous Structures Page 15
531954.v3
not to exceed five hundred dollars ($500.00). Each continuing day that the
notice is not reposted shall constitute a separate offense.
(3) The penal provisions imposed under this Ordinance shall not
preclude Wylie from filing suit to enjoin the violation. Wylie retains all
legal rights and remedies available to it pursuant to local, state, and
federal law.
(s) Assessments and Liens.
(1) The City Council hereby finds and declares that the general administrative
expenses of inspecting buildings, locating owners, conducting hearings,
issuing notices and orders, together with all associated administrative
functions, require the charge of not less than seven hundred fifty ($750.00)
for each lot, adjacent lots under common ownership, or tract of land for
which an order is issued under this Section 22.211, and such minimum
charge is hereby established and declared to be the charge for such
administrative expenses to be assessed in each instance where the City
secures, demolishes or performs other work in connection with an order or
contracts for such services thereon. Notwithstanding any tabulation of
recorded costs, a charge of not less than seven hundred fifty dollars
($750.00) is hereby expressly stated to be a minimum charge. Further, the
costs of securing, demolishing or performing other work in connection
with an order, either by the City or by persons doing so under contract
with the City, shall be separately calculated and assessed in each instance
in which the City takes the described action pursuant to this Section
22.211.
(2) The Building Official shall certify all administrative expenses and costs of
vacating, securing, repairing or demolishing a building(s) or structure(s)
incurred by the City, or by persons doing so under contract with the City,
as a charge that shall be assessed the owners thereof, and shall
constitute a lien on the land on which the building or buildings are or
were situated, privileged over all other liens to the maximum extent
allowed by law. Upon the filing of the lien statement with the county
clerk, the charges shall bear interest at the rate of ten percent (10%) per
annum until paid.
(3) If the City has let a contract for demolition of a building pursuant to a
valid order issued under this Section 22.211 and the building is
subsequently repaired or demolished by persons other than the City or its
contractors prior to completion of the contract let by the City, or such
demolition is not carried out due to events beyond the City's control, the
administrative expenses and all costs for cancellation of the demolition
contract shall be certified as a charge that shall be assessed against the
owner thereof, and that shall constitute a lien on the land on which the
Ordinance No.2008-49
Regulating Dangerous Structures Page 16
531954.v3
building or buildings are or were situated, privileged over all other liens to
the maximum extent allowed by law. Upon the filing of the lien statement
with the county clerk, the charges shall bear interest at the rate of ten
percent (10%)per annum until paid.
(t) Execution of written release of lien upon payment of charges or where lien placed
on property through error; execution of written notice of compliance.
(1) Upon full payment of the charges assessed against any property and upon
the compliance of the property with all applicable orders as well as the
terms of this Section 22.211 or any Building Standards, or in the event the
lien is placed on the property through error, or an unenforceable lien on a
homestead, the city manager, or his/her designee, is hereby authorized to
execute, for and on behalf of the City, a written release of lien.
(2) Upon compliance with an order issued hereunder, the Building Official
shall be and is hereby authorized to execute a written notice setting forth
the date the notice of compliance is issued, the date the City found the
building to be secured, repaired or demolished or otherwise in compliance
with the order; and if the building had not been demolished, whether or
not the building is in such condition that it may be occupied. An order to
secure a building will be released only upon issuance of a certificate of
compliance by the Building Official.
(u) Procedures in this Section Prevail. The procedures established by this Section
22.211 are adopted as a local amendment to all Building Standards that contain
procedures to secure or abate dangerous buildings and structures."
SECTION 5: Penalty Provision. Any person, firm, corporation or entity violating this
Ordinance, as it exists or may be amended by this or any other Ordinance, shall be deemed guilty
of a misdemeanor, and upon conviction thereof shall be fined a sum not to exceed TWO
THOUSAND DOLLARS ($2,000.00). Each continuing day's violation shall constitute a
separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie
from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it
pursuant to local, state and federal law.
SECTION 6: Savings/Repealing Clause. Wylie Code of Ordinances shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in
conflict; but such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if
occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall
remain in full force and effect.
Ordinance No.2008-49
Regulating Dangerous Structures Page 17
531954.v3
SECTION 7: Severability. Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. Wylie hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase hereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, and phrases be declared unconstitutional or invalid.
SECTION 8: Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by the Wylie City Charter and by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on this the 11 th day of November, 2008.
ERIC HOGUE, Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
CAROLE ERHLICH
City Secretary
Date of publication in The Wylie News—November 19, 2008
Ordinance No.2008-49
Regulating Dangerous Structures Page 18
531954.v3
Wylie City Council
CITY of WYLIE AGENDA REPORT
Meeting Date: November 11, 2008 Item Number: 3
City Mgr./Construction (City Secretary's Use Only)
Department: Manager
Prepared By: Shane Colley Account Code: 443-5443-58910
Date Prepared: November 6, 2008 Budgeted Amount: $100,000
Exhibits:
Subject
Consider, and act upon, a request from Thomas S. Byrne for appropriation of funds, not to exceed $100,000.00,
to begin production of shop drawings for the Wylie Municipal Complex project.
Recommendation
A motion to approve appropriation of funds, not to exceed $100,000.00, to begin production of shop drawings
for the new Wylie Municipal Complex project.
Discussion
The City of Wylie has received a request from Thomas S. Byrne, for the appropriation of funds, not to exceed
$100,000.00, to begin production of shop drawings for the Wylie Municipal Complex project. Shop drawings
are detailed fabrication design documents that must be submitted and approved by the architects and engineers
prior to production. They specify elements such as connection points, design parameters, and integration with
other products.
This cost is an included cost of the construction and is needed prior to final approval of the Guaranteed
Maximum Price for construction.
Approved By
Initial Date
Department Director SC 11/ 6/08
City Manager i cs
Page 1 of 1
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Wylie Civic. Center-Actual Bids to Invites
Division #
i _ v -,
T Excavation EBC Dirt Movers
Central Texas En i rnm nt l Universal Wims Ens i rmm nt r
Earthwork HD on on U Paving
465 Invited _ 1 _ Holbrook Robinson Construction
Weir Bros
Cla mark
=1111111 Rodman
Injection. Ha and Baker
Invited
EL Bums, Inc. P pe orks Battson Contracting
Utilities Big River Services LH Lacey Dowager
294 Invited Blue Ridge__ JFG Utilities SMPI
a_
MB Enterprises CaIHaI K K
Bear Creek Wrii ht Construction North Central
i
Pest Control iNri
1 Invited
L 71 - 4
Palm Inc Haynes CBS LLC
Landscape American Civil Construction American Landscape Kiiiiam Farms
369 Invited Soak N-Grote Texas Tree&Landscaa e Rohr Star
Central North Construction ; North Texas Lawn Greener Pastures
Cole
Striping Strip--A-Zone Lone Star Striping Plus
17 Invited Brock
f
Pavers None
Concrete DSD Commercial TASMiller Sierra
invited279 Pavecon M b - -___, Arreguin
Irk Texas
1
Stain Concrete Men lContractingNorth Texas BomaniteI TX Spec&Installation
34 Invited Long
----1-171.1. Drsd
HardscapePalm, Incdm
Masonry DMG Masonry C&D Masonry Texas Stone&Tile
185 Invited Dee Brown Lucia Inc. talks Masonry
Metals Optimum Steel Industries _ Irwin Steel Poste! Industries
3 Invited Steel Construction Services Thornton Steel Barden Steel
----..-
Burcamp Steel North Texas Steel Co.
Finish Carpentry Cr imb r Millwork Lut W o r rk
156 Invited
Wood Deck rill (inlUnit Beres I Big Bass Construction
33 Invited
Roofing Para•on Roofin• Sta Dri Roofing Chamberlin Roofing
l I
188 Invited Nations Roof Supreme Roofing
Waterproofing Centennial Moisture Protection Chamberlin Southwest Construction Services
1
54 Invited
Doors Overton Door Co. Woodard Dallas Door
..........
106 Invited Modemfold DFW Door American Direct
Over Head Doors OH Door Dallas ABC Doors—" j7..aumillm. _\ Johnson
44 Invited
Glass r - Southern Mance Glass Mdell
63 Invited
Drywall . 117—r- Baker Drywall Midwest D all Co. Trip
167 Invited
Ceramic Tile C2 Floorin Dilworth Tile&Stone Spectra
112 Invited Si ma Marble&Granite Mike Barton Tile, Inc.
- .....
„,....... —...... .
Floorinp Fabulous Floors Business Flooring Specialists C2 Flooring
153 Invited Spectra One Source
Wood Athletic Floor Ponder Corm pan Inc. Pioneer Products Bauer Sport Floors Inc.
68 Invited Z Floor Co. Lone Floorini
Rubber Floor I Dynamic2:torls Flooring,Inc I One Source ...I
68 Invited
Wood Floor Central e Ill 711. glio X i s FineEHardwoods
dw FloorsoD d s Spectra „..L Long Fioonng
68 Invited .........
Paint Noteboom TQP Painting
Jonsco, Inc.
46 Invited D&P Paintine Cher Painting M. Dann Harrison
Stewart Paintin I Trice
Toilet Partitions and Accessories Zanes So ecial Bids Products TX Ssecialties&Installation
7 Invited
Operable Partitions Continental Partiton S stems Modernfoki Door&S.-cialties Hufcor
15 Invited Chas F
Fire Extinguishers. Chas F Williams Co TX Specialties&Installation
-
40 Invited
Lockers Chas F Williams Co
7 Invited
Louvers Nystrom Construction Siecialties Inc
20 Invited
Visual Display None
17 Invited
l'rolection Screen None
27 Invited
Floor Mats Construction Specialties Kadee Industries Inc Balco Inc
6 Invited
Flagpoles Bets Ross Flag Girls Inc Gardner&Martin Reynolds Specialty Products
8 Invited
CL Fence Astro Fence Co. Anchor Group Inc
112 Invited
qui!tcraft_i, Blind_Depot _ Barber&Assoc.
Window Shades 501:Shading , Capitol Blind&Drapery Apollo
18 Invited Contract Decor Tri-Tex Ente 'rises Custom Dra'es
Kite's Draperies Buffalo Contract
Fire Protection Mutual EFS Elite
64 Invited Allied Belt star Firetrol
Strate9ic i Texas Sprinkler SFS
Elevators ThyssenKrupp Abell Elevator Schindler
7 Invited Kone
Mechanical E...... .Mech partners Tindall Mech City Wide
,N--1 W 1117111
148 Invited Ber2 er Engineer Ski Hi
1 I I 1
Electrical Cummin 1 s Brandt FSG
86 Invited Gentler Chickasaw Elec Intex
Zeig
Audio Visual AVI SR Infinity sound _ I Visual Innovation
27 Invited Ford Audio
. _
Communications Data Star Premier Superior
108 Invited
Data Tex
Admiral
_ --.....,
ComNet
L Thus Tech Able
Fixed Seating MS Equipment Co -cial Su'it &Installation School Suecial
5 Invited
Gym Equipment Sports Con portable Scoreboards ADP Lemco Incore'rated
7 Invited Game Court Services
Wire Mesh Partitions None
14 Invited
Access Control Entech Sales Tac Americas Fisk Electric
145 Invited Technols g Wiring
Wylie Civic Center
Wylie,Texas
November 11, 2008
A. FUNDING SOURCE
Initial Project Bond $ 26,985,000
Additional Funding (includes change to brick) $ 15,000,000
Total Funding Source $ 41,985,000
B. PROJECT EXPENDITURES
50%CD GMP VARIANCE % Notes
I. CONSTRUCTION COSTS(GMP)
a. Construction Costs-GMP
Includes landscape and hardscape. Site lighting
Site $ 3,186,469 $ 3,181,250 $ (5,219) -0.2% included in buildings
Buildings $ 30,573,734 $ 31,100,023 $ 526,289 2%
Draft GMP (10/21/08 version) $ 33,760,203 $ 34,281,273 $ 521,070 2% 50%GMP adjusted to June 08 only.
b. Recommended Add Alternates from GMP
Recommended add alternate for convenience and
Motorized Shades $ 13,292 maintenance.
Total Recommended Alternates $ 13,292
c. Recommended Adjustment to GMP draft
Targeted reduction on OSB finishes in Rec Ctr $ (100,000) Reduce quality of OSB finishes
Add Climbing Wall $ 166,143
Add allowance for Service Parking and entrance Allowance. Need pricing from Byrne. Requested
median addition $ 31,051 by P&tZ.
Add allowance for CH smoke evacuation system Estimated allowance. Final allowance once
and Server room HVAC $ 100,000 mechanical narrative is priced.
Total Recommended GMP Adjustments $ - $ 197,194
ITotal Construction Cost (Adjusted GMP) $ 33,760,203 $ 34,491,759 $ 521,070 2%
Cost per SF (137,721 GSF) 245.13 250.45 $ 5 2%
Minimum recommended owner contingency. City
d. Owner Construction Contingency(2.0%) $ - $ 689,835 $ 689,835 to review and advise
50%CD GMP VARIANCE % Notes
II. Other Project Costs(Estimated Budgets)
Testing Services $ 157,500 $ - $ (157,500) -100% Now included in GMP
Byrne Preconstruction Services $ 240,000 Budget number
Professional Fees $ 4,121,132 $ 4,121,132 $ - 0%
Add. Professional services- Platting $ 8,000 Estimate.Will provide proposal.
Add. Professional services-smoke evac. $ 20,000 Estimate.Will provide proposal.
IT services for construction admin $ 44,000 Not to exceed$2000/month average cost
Arts Fund (1%of construction cost) $ 337,602 $ 402,808 $ 65,206 19% 1%of adjusted construction cost
FF&tE- Furniture $ 1,704,163 $ 2,000,000 $ 295,837 17% Estimate. Pricing needed from vendors
Telephone system $ 177,460 $ - $ (177,460) -100% Deleted. Now in Server and telecom system
Server and telecom system and telephones $ 275,000 Estimated budget.
Owner-provided AV(conf. rooms, etc.) $ 450,000 $ 200,000 $ (250,000) -56% Estimated budget.
Rec Center Kitchen equip and installation $ 50,000 Estimated budget.
Fitness Equip. and Furnishings $ 100,000 City to appraise
Office equipment(Computer, Printer, Copier,
etc.) $ 510,630 $ - $ (510,630) -100% Not in project cost
Library chutes and Security equip./Software $ 275,000 $ 180,000 $ (95,000) -35% Estimated budget.
FF&tE (AV, Food Service, Fitness Equip.) Now in These items are now shown under separate
other categories $ 368,617 $ - $ (368,617) headings on this section.
Total Other Project Costs $ 8,102,104 $ 7,640,940 $ (461,164) -6%
'Total Project Expenditures $ 41,862,307 $ 42,822,534 $ 960,227 2.3%
C. PROJECT SUMMARY
Total Funding Source $ 41,985,000
Total Project Expenditures $ 42,822,534
Difference ($837,534.18) 1.99%
Holzman Moss Architecture
ArchiTexas
Thos.S.Byrne,Ltd.