05-26-1986 (City Council) Agenda Packet ( ( /)i F / �_�f {`try /
AGENDA
REGULAR MEETING CITY COUNCIL
CITY OF WYLIE, TEXAS
TUESDAY, MAY 26, 1987
7 :00 P.M. COMMUNITY ROOM
800 THOMAS STREET
CALL TO ORDER
INVOCATION
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
COUNCIL BUSINESS
1 1 - 11 Consider approval of Minutes
2 12 Consider resignation of Fred
Quellette from Planning & Zoning
Commission.
3 Consider appointment to Planning
& Zoning Commission to replace
Fred Ouellette. Term expires
April 1988 .
4 13 - 14 Consider certificate of
appreciation award to Walter E.
(Bubba) Justice for his efforts
in saving personal property.
PUBLIC READING OF ORDINANCES/HEARINGS
5 15 - 18 Consider amendment to subdivision
ordinance, requiring developers
to acquire all necessary
easements for off-site work.
6 19 - 24 Consider ordinance creating
Cottonwood Creek Lift Station
District and all applicable fees,
boundaries and guidelines .
7 25 - 27 Consider ordinance amending Park
Ordinance 78-18 , amending Article
2 , Section 2 , Composition and
Appointment to the Park and
Recreation Board, and adding a
Section 10 to Article 1 , dealing
with disorderly conduct in City
parks .
PUBLIC HEARING - ZONING REQUEST
8 28 - 30 Conduct a public hearing on the
request for a Specific Use Permit
to operate retail nursery,
Stanley' s, in an "R" District
for 300 E. Hwy 78 , Block 16 , Lot
37 in the Railroad Addition.
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
9 Consider approval for a Specific
Use Permit to operate a retail
nursery, Stanley' s, in an "R"
District for 300 E. Hwy 78 , Block
16 , Lot 37 in the Railroad
Addition.
10 Consider authorization for City
Staff to issue a Specific Use
Permit to operate a retail
nursery, Stanley' s, in an "R"
District for 300 E. Hwy 78 , Block
16, Lot 37 in the Railroad
Addition.
NEW BUSINESS
11 31 - 32 Consider replat of lots 22 & 23
of Pointe North Addition, Phase
I .
12 33 Consider presentation on lighting
soccer fields by Wylie Sports
Association representative.
13 34 Consider park master plan
priorities recommendations by
Parks and Recreation Board.
14 35 - 36 Consider presentation by Vanessa
Orr regarding change of location
of street light on Windsor.
15 35 Consider presentation by Gilbert
Welch, regarding water supply to
Wylie Ranch Estates.
GENERAL DISCUSSION
16 Citizen participation
17 Council discussion
UNFINISHED BUSINESS
18 37 - 38 Consider presentation by James
Butts for funding of the summer
recreation program sponsored by
the Chamber of Commerce.
19 39 Consider funding for Newport
Harbor water line by request of
Baron Cook.
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
20 40 Consider approval of CH2M Hill
draft report on proposed water
and wastewater system/facilities
improvements for presentation to
the Texas Water Commission.
FINANCIAL CONSIDERATIONS
21 40 - 54 Consider approval of geo-
technical investigation proposal
by ATI Environmental Services,
Inc. on closure of Wylie
Sanitary Landfill in the
estimated amount of $7 ,390 . 00 and
authorization for City Manager
to execute proposal acceptance
sheet .
22 40 Consider authorization for City
Staff to develop contract with
the North Texas Municipal Water
District for the issuance of
bonds for the construction of
water and wastewater
system/facility improvements as
outlined in CH2M Hill report .
23 ADJOURN
REGULAR CITY COUNCIL
'
MEETING-MINUTES
MAY 12, 1987
7:00P. M.
The Wylie City Council met in regular session on Tuesday,
May 12, 1987 at 7:00 P. M. in the Community Room. A quorum
was present and notice of the meeting had been posted in the
time and manner required by law. Those present were Mayor
Chuck Trimble, Mayor Pro-Tem Sandra Donovan, Council Members
Calvin Westerhof, John Akin, Marvin Blakey, Kent Crane,
Christopher DiTota, Acting City Manager James Johnson,
Acting City Secretary Debbie Peoples.
Mayor Trimble called the meeting to order at 7:05 and
Councilman Crane gave the invocation.
APPROVAL OF MINUTES: Minutes were submitted for the April 21
st, April 28th and April 30th 1987 meetings. There being
no corrections or additions to the minutes a motion was made
by Councilman Westerhof to approve. Seconded by Councilman
Akin. The vote was as follows: Mayor Trimble-in favor,
Mayor Pro-Tem Donovan-in favor, Councilman Akin-in favor,
Councilman Westerhof-in favor, Councilman DiTota-in favor,
Councilman Crane-in favor, Councilman Blakey-in favor. The
miotion carried with all in favor.
APPOINTMENT OF TWO MEMBERS TO THE CONSTRUCTION TRADE BOARD
These appointments will replace Marvin Blakey and Mickey
Foster. Motion was made by Mayor Pro-Tem Donovan to appoint
Mr. Gary Mitchell and Mr. Derek Ammerman to the Construction
Trade Board. Seconded by Councilman Akin. The vote was as
follows: Mayor Trimble-in favor, Mayor Pro-Tem Donovan-in
favor, Councilman Akin-in favor, Councilman Westerhof-in
favor, Councilman DiTota-in favor, Councilman Crane
abstained, due to business dealings with Gary Mitchell.
Councilman Blakey-infavor. The motion carried with six (6)
in favor, one ( 1) abstained.
APPOINTMENT OF ONE MEMBER AND ONE ALTERNATE TO THE ZONING
BOARD OF ADJUSTMENTS. These appointments will replace Marvin
Blakey and Wanda Graff. The motion was made by Mayor Pro-Tem
Donovan to appoint Ms Cecelia Woods and Dr. Rob Tannella to
the Zoning Board of Adjustments. The motion was seconded by
Councilman Akin. The vote was as follows: Mayor Trimble-in
favor, Mayor Pro-Tem Donovan-in favor, Councilman Akin-in
favor, Councilman Westerhof-in favor, Councilman DiTota-in
favor, Councilman Crane-against, Councilman Blakey-in favor.
The motion carried with six (6) in favor one ( 1) against.
APPOINTMENT OF TWO MEMBERS TO AD HOC COMMITTEE: These
appointments will address the matter regarding the City of
Wylie and the City of Lucas ETJ settlement. The motion was
made by Councilman Akin that Mayor Trimble and Mayor Pro-Tem
Donovan be appointed to that committee. The motion was
seconded by Councilman DiTota. The vote was as follows:
Mayor Trimble-in favor, Mayor Pro-Tem Donovan-in favor,
Councilman Akin-in favor, Councilman Westerhof-in favor,
Councilman DiTota-in favor, Councilman Crane-in favor,
Councilman Blakey-in favor. The motion carried with all in
favor.
RECOGNITION OF CITY EMPLOYEE, MR. ANDY ANDERSONc The City
recognized Mr. Andersons dedication anff determination to
perform his duties to the City of Wylie above and beyond the
/
call of normal duty. Certificate of Recognition to be
awarded at a later date.
APPROVAL OF ANNEXATION ORDINANCE FOR 58. 9613 ACRES OUT OF
THE FRANC I SCO DE LA P I NA SURVEY: Motion was made by Mayor
Pro-Tem Donovan to approve the annexation of the 58. 9613
acres. Seconded by Councilman D i t of a. Mr. Favor was present
and stated that no one had came forth to oppose this
annexation although there are 24 property owners living
there. The vote was as follows: Mayer Trimble-in favor,
Mayor Prc -Tem Donovan-in favor, Councilman Akin-in favor,
Councilman Wasterhof-in favor, Councilman DiTota-in favor,
Counci irnan Crane-in favor, Councilman Blakey-in favor. The
motion carried with all in favor.
APPROVAL OF ANNEXATION OF 74. 943 ACRES OUT OF THE W. PENNY
SURVEY: Councilman Westerhof stated that he felt strong
opposit ion to annex this parcel, and a rnot ion was made by
Councilman Westerhof not to approve the annexation
ordinance. Counci lrnan Blakey seconded the motion. Mayor
Trimble stated the City had had several bad experiences in
not annexing contiguous property and felt that it would be
irresponsible for the City not to annex soley based upon the
fact that property owners did not wish to be annexed. The
vote to not approve the annexation was as follows: Mayor
Trimble-against, Mayor Pro-Tern Dovovan-against, Councilman
Akin-in favor, Councilman Westerhof-in favor, Councilman
DiTota-against, Councilman Crane-against, Councilman Blakey-
in favor. Three in favor of the motion to not annex the
property and four against the motion on not to annex the
property. The motion did not carry by a three to four vote.
Mayor Pro-Tern -Donovan made a motion to annex the property
after the first motion failed. Councilman DiTota seconded
the motion. The motion to approve the annexation was as
follows: Mayor Trimble-in favor, Mayor Pro-Tem Donovan-in
favor, Councilman Akin--against, Counci lman Westerhof-
against, Councilman DiTota-in favor, Councilman Crane-in
favor, Councilman Blakey-against. Motion to approve
annexation carried with four in favor and three against.
APPROVAL OF ANNEXATION OF 4 ACRES OUT OF THE I. & G. N. RY.
CO. SURVEY: Motion was made by Councilman DiTota to approve
annexation of said 4 acres. Seconded by Councilman Crane.
It is also noted that the property owners present do not
wish to be annexed. The vote is as follows: Mayor Trimble-in
favor, Mayor Pro-Tem Donovan-in favor, Councilman Ak.in-
against, Counci lman Westerhof-against, Councilman DiTota-in
favor, Councilman Crane-in favor, Councilman Blakey-against.
Four are in favor, three against, the motion carried.
DIS-APPROVAL OF RESOLUTION OF THE CITY OF WYLIE TO REAFFIRM
ITS POSITION AS A LEGISLATIVE BODY: Attorney Dillard was
present and answered questions as to the necessity of
reaffirming this resolution to show the City' s position on
the specific issue in question. He felt that it would only
be a reiteration of the City' s position but stated that it
would be fine if the City Council chose to do so. The motion
was made by Mayor Pro-Tem Donovan not to approve the
resolution. Seconded by Councilman DiTota. The vote was as
follows: Mayor Trimble-in favor, Mayer Pro-Tern Donovan-in
favor, Councilman Akin-against, Councilman Westerhof-
against, Councilman DiTota-in favor, Councilman Crane-
against, Councilman Blakey-in favor. The motion carried to
dis-approve the resolution with four in favor and three
against.
NEW BUSINESS
FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR STONE GROVE
ADDITION: Staff stated that all deficencies regarding this
acceptance had been resolved and felt it to be satisfactory
for acceptance. Councilman Crane asked if the City had
f}
resolved the previous discrepancies with the developer.
Staff stated the only problem remaining is the sewer clean
out and that would be� resolved when T. P. & L. completed
moving the utility pole and at that time they would simply
put a cap on it. Mayor Trimble stated that previous
discrepancies were caused by no one knowing who was
responsible for them. Motion was made by Councilman
Westerhof to approve final acceptance. Seconded by
Councilman Akin. The vote was as follows: Mayor Trimble-in
favor, Mayor Pro-Tem Donovan-in favor, Councilman Akin-in
favor, Councilman Westerhof-in favor, Councilman DiTota-in
favor, Councilman Crane-in favor, Councilman Blakey-in
favor. The motion carried with all in favor.
FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR PRESIDENTIAL
ESTATES: Staff found subdivision to be in compliance with
the ordinance and the only item lacked is the maintenance
bond. Staff recommended that signature be held up until the
one year maintenance bond is submitted. Staff also stated
that all fees for the perimeter of streets had been paid.
This one has the holding sewer holding tank and CH2M Hill
was instructed by the Council on April 30, 1987 to come up
with an initial plan proposal for rectifying sewer problems,
as well as a new delivery point and meter vault and water
ground storage from NTMWD. Staff explained that this report
by CH2M Hill would be forthcoming shortly. Motion was made
by Mayor Pro-Tem Donovan that Council consider final
acceptance with the condition that signature be held up
until bond is submitted. Seconded by Councilman Crane. The
vote was as follows: Mayor Trimble-in favor, Mayor Pro-Tem
Donovan-in favor, Councilman Akin-in favor, Councilman
Westerhof-in favor, Councilman DiTota-in favor, Councilman
Crane-in favor, Councilman Blakey-in favor. The motion
carried with all in favor.
APPROVAL OF UPDATED SUMMER PROGRAM THROUGH CHAMBER OF
COMMERCE: James Butts from the Chamber of Commerce presented
financial needs to the Council for a six week summer
program. While the school is unable to afford any financial
support for this program, Mayor Pro-Tem Donovan stated that
in talking with Mr. Whitt he was supportive of the program
itself and would supply facilities and transportation. Mr.
Butts also stated that possible funding for this program
could come from the D. B. Owen Foundation. They will be
meeting in a couple of weeks and the decision for funding
would be immediate after that meeting. Councilman Crane and
Westerhof stated concerns that with the bleak financial
situation given by the Finance Director, at this time it
would not be feasible to support this issue. Motion was made
by Mayor Pro-Tem Donovan to table this approval for two
weeks at which time more financial assistance information
would be avaliable. Seconded by Councilman Akin. The vote
was as follows: Mayor Trimble-in favor, Mayor Pro-Tem
Donovan-in favor, Councilman Akin-in favor, Councilman
Westerhof-in favor, Councilman DiTota-in favor, Councilman
Crane-in favor, Councilman Blakey-in favor. The motion
carried with all in favor.
CONSIDER UPDATED PRESENTATION BY FIRE MARSHALL AND ASST.
FIRE CHIEF LESTER GAYLER ON LOAN OF FIRE PROTECTION
EQUIPMENT BETWEEN THE TOWN OF ST. PAUL AND THE CITY OF
WYLIE: Equipment was inspected by Fire Marshall Gayler and
is said to be in satisfactory condition with another truck
also included as "spare parts" in agreement. It is felt that
this equipment could provide much needed fire protection to
rural areas. Possible onsite housing at Southfork Mobile
Home Park was suggested. Council felt that no decision need
be made at this time on where equipment was to be housed.
APPROVAL OF AGREEMENT FOR LOAN OF FIRE PROTECTION EQUIPMENT
BETWEEN THE TOWN OF ST. PAUL AND THE CITY OF WYLIE: Motion
was made by Councilman Akin to approve loan agreement.
J
Seconded by Mayor-Pro Tem Donovan. The vote was as follows:
Mayor Trimble-in favor, Mayor Pro-Tem Donovan-in favor,
Councilman Akin-in favor, Councilman Westerhof-in favor,
Councilman DiTota-in favor, Councilman Crane-in favor,
Councilman Blakey-in favor. Motion carried with all in
favor.
CITIZEN PARTICIPATION: Mayor Trimble ask that each person
wishing to speak keep his/her time to within two minutes.
There was no citizen participation.
COUNCIL DISCUSSION: Mayor Trimble reminded Council members
of a letter from the Texas Water Commission " Notice of
Report " on violation of exceeding acceptable standards at
the WWTP. A fine of $7, 500. 690 or a plead of mercy must be
submitted within 20 days of notice. A new Postal Facility is
to be built in Wylie with no exact location given at this
time, and a parade is scheduled for May 16th for the Summer
Baseball Association. Mayor Trimble also said recognition
for out-going Councilpersons would be discussed as suggested
by Councilman Akin.
City Manager James Johnson reminded Council that the report
from CH2M Hill regarding subdivision service problems at
WWTP, the sewage collection system and water distribution
system needed to be addressed at Council Worksession on the
21st of May. Also to be discussed at that worksession is the
qualifications for City Manager.
Mayor Pro-Tem Donovan reminded Council of the Collin County
Public Officials Meeting on the 28th of May, and of the need
for the letter on the traffic survey at Brown St. and Hwy
78.
APPROVAL OF CONSTRUCTION DRAW #6 SPEED FAB CRETE ON NEW
MUNICIPAL COMPLEX IN THE AMOUNT OF $113, 981. 23: Mr. Roy
Faires stated that Staff had reviewed and found it to be
within the percentage of completion and recommended payment.
Motion was made by Councilman Westrhof to approve payment.
Seconded by Mayor Pro-Tem Donovan. The vote was follows:
Mayor Trimble-in favor, Mayor Pro-Tem Donovan-in favor,
Councilman Akin-in favor, Councilman Westerhor-in favor,
Councilman DiTota-in favor, Councilman Crane-in favor,
Councilman Blakey-in favor. The motion carried with all in
favor.
APPROVAL OF CHANGE ORDER # 2 FOR SPEED FAB CRETE FOR NEW
MUNICIPAL COMPLEX IN THE AMOUNT OF $14, 948. 00: Staff would
ask Council to approve based on information provided by Mr.
Roy Faires on items listed as follows: #1 Install
underground conduit from building to Northeast corner of
property at cost of $2, 037. 00; #2 Installing underground
primary conduit to Northeast corner of property from
transformer and install secondary to building at a cost
of$10, 156. 00; #3 install small envelope depository, model
#68-1d (Hamilton safe) at a cost of $1, 775. 060; #4 install
underground conduit for drainage under drive for future
buildings at a cost of $705. 00; #5 Delete parking bumpers,
95 each, generating a credit of $760. 00. These changes along
with insurance ($710. 00) total $14, 948. 00. Council agreed on
all changes except #4 and #5. Motion was made by Mayor Pro-
Tem Donovan to accept Change Order #2 with the exception of
item #5. Seconded by Councilman Akin. The vote was as
follows: Mayor Trimble-in favor, Mayor Pro-Tem Donovan-in
favor, Councilman Akin-in favor, Councilman Westerhof-in
favor, Councilman DiTota-in favor, Councilman Crane-in
favor, Councilman Blakey-in favor. The motion carried with
all in favor.
APPROVAL OF REIMBURSEMENT OF OVERSIZIN8 OF WATER/SEWER LINES
IN STONE GROVE ADDITION TO HAROLD SPENCE IN THE AMOUNT OF
$9, 553. 96 : Staff stated the original agreement for
oversizing was approved by Council in the construction
plans. Staff stated that the sub-division public
improvements had previously been accepted at this meeting as
an earlier agenda item. Subsequently, they recommended
reimbursement for the oversizing and cost involved in making
the connection to the old 4" water line that the City
required. Staff suggested that an outside source be
contacted to do a study on the overall system for future and
potential development. In essence they would build a model
of the City so that they could size the lines for us and
when need use the reports as guidelines. Motion was made by
Mayor Pro-Tem Donovan to the approve the reimbursement.
Seconded by Councilman DiTota. The vote was as follows:
Mayor Trimble- in favor, Mayor Pro-Tem Donovan-in favor,
Councilman Akin-in favor, Councilman Westerhof-in favor,
Councilman DiTota-in favor, Councilman Crane-in favor,
Councilman Blakey-in favor. The motion carried with all in
favor.
REIMBURSEMENT FOR OVERSIZING OF WATER LINES RUSTIC OAKS IV
DOBIE DEVELOPMENT IN THE AMOUNT OF $5, 790. 00: Staff stated
this reimbursement was for 10" line through the apartment
complex and along Flemming Drive and made connection to 4"
line as required by the City. These costs were included in
the line construction costs paid by the developer. Motion
was made by Councilman Westerhof to approve reimbursement to
Dobie Development, as Rustic Oaks IV public improvements
have been previously accepted by the Council at an earlier
Council meeting. Seconded by Mayor Pro-Tem Donovan. The
vote was as follows: Mayor Trimble-in favor, Mayor Pro-Tem
Donovan-in favor, Councilman Akin-in favor, Councilman
Westerhof-in favor, Councilman DiTota-in favor, Councilman
Crane-in favor, Councilman Blakey-in favor. Motion carried
with all in favor.
Mayor Trimble recessed the open meeting and convened Council
into executive session under the authority of Article 6252-
17 of V. A. C. S. Section 2, paragraph "g". concering governing
body and its attorney.
Mayor Trimble reconvened the open meeting after returning
from executive session.
Mayor Trimble called for a motion to adjourn since there was
no other business.
Motion was made by Mayor Pro-Tem Donovan to adjourn with all
in favor.
Chuck Trimble, Mayor
ATTEST:
Debbie Peoples, Deputy City Secretary
MINUTES
PARKS & RECREATION BOARD MEETING
REGULAR MEETING
TUESDAY, MAY 5, 1987
The Parks & Recreation Board for the City of Wylie, Texas,
met in a regular session on Tuesday, May 5, 1987 at 7:00 P.
M. at the Community Room at 800 Thomas Street. Notice of the
meeting had been posted for the time and in the manner
required by law. Those present were Chairman Curtis Hale,
Mr. John Morgan, Mrs. Peggy Sewell, Mr. Larry Nickell with
Mr. Willie Benetiz coming in late. Representing the staff
was Mr. James Johnson, Acting City Manager, Mr. Bill
Windham, Director of Public Works, Mr. Ken White, Parks
Superintendent and Susan Marquardt, Secretary. Absent were
Mrs. Jayne Chapman, and Mr. Morris Love.
Chairman Curtis Hale called the meeting to order at 7:05
P.M.
ITEM NO. 1 - APPROVAL OF THE MINUTES - Chairman Curtis Hale
asked if there were any corrections or additions to the
minutes. Hearing none, a motion was made by Mrs. Peggy
Sewell to approve the minutes as submitted. Motion seconded
by Mr. John Morgan. Motion carried 4-0.
ITEM NO. 2 - CONSIDER APPROVING THE CITY OF WYLIE PARK
MASTER PLAN PRIORITIES - Mr. John Morgan opened the
discussion by asking the board to consider reducing the
number of soccer fields from 100 to 30. Mr. Larry Nickell
asked if we needed 30 fields right now? Mr. John Morgan
replied, that we are fine right now. This is for the next
twenty years. Chairman Curtis hale asked if the priority
numbers were correct? Mr. Bill Windham, Director of Public
Works replied, " yes", that the lowest average is the highest
priority continuing down the list to the lowest priority
which is the highest average. Chairman Curtis Hale asked if
60 baseball diamonds were okay? Mr. John Morgan asked to
change the number of soccer fields to 50. Mr. Larry Nickell
asked what the ultimate use is for this plan? Mr. John
Morgan replied, " this is a long range plan for the next
twenty years, a guideline for developing the parks. " Mrs.
Peggy Sewell asked if the wilderness park was on the list?
Mr. Bill Windham, Director of Public Works replied, " yes,
the Lavon Dam/Campground. " Mrs. Peggy Sewell stated that
she wished it was a higher priority. Mr. Bill Windham,
Director of Public Works stated that this is a
recommendation to the City Council and their priorities may
be different. Chairman Curtis Hale stated that I didn 't put
it higher because I felt not everyone would use it. That 's
something we could start on right away with little expense.
The only thing that would be of expense is the manpower in
clearing the area. Chairman Curtis Hale asked how many
acres? Mr. Bill Windham, Director of Public Works replied,
that it 's about the same size as the City Park. Chairman
Curtis Hale asked, " if this becomes a city park, will it be
under the jurisdiction and regulations of the City?" Mr.
John Morgan replied, " yes" and the area is already being
patrolled by our police department. Mrs. Peggy Sewell asked
if it will always be available to us? Mr. John Morgan
stated, that we would have to enter into a lease with the
Corps of Engineer. The original idea was a place for the
Boy Scouts and Girl Scouts to go, where they wouldn 't have
to worry about clearing it out, something to preserve it.
The Boy Scouts may want to go in there and do some clearing.
Mr. Bill Windham, Director of Public Works stated that the
Corp of Engineers will probably want a plan for the property
before giving out a lease. Mrs. Peggy Sewell stated that
she would hate to lose the opportunity of having a
wilderness park. Mr. Larry Nickell asked what else could
happen? Mr. Bill Windham, Director of Public Works replied
that some other type of organization could have the same
opportunity that the City has in getting the land. I don 't
think it 's something that we have to rush out and talk to
the City Council about.
Mr. Bill Windham, Director of Public Works asked Mr. John
Morgan if 50 soccer fields were enough? Mr. John Morgan
replied, " yes. "
Mr. John Morgan made motion to approve the City of Wylie
Park Master Plan Priorities with the exception of changing
the number of soccer fields to 50 instead of 100. Mrs Peggy
Sewell seconded the motion. Motion carried 4-0.
ITEM NO 3 - DISCUSS LIGHTING OF BALLFIELDS- Motion was made
to table this item by Mr. John Morgan. Mr. Larry Nickell
seconded. Motion carried 4-0.
ITEM NO 4 - CONSIDER AMENDING THE CURRENT PARK ORDINANCE 78-
18- Mr. John Morgan asked the board to consider amending the
Parks Ordinance by adding an amendment that I have just
passed out. Mr. James Johnson, Acting City Manager asked if
it was interference with representatives of WSA? Mr. John
Morgan replied that the only time we have really had a
problem was a coupled of weeks ago. There is no ordinance
covering his behavior. Mr. Larry Nickell asked if this is
for the original ordinance, this doesn ' t mean we can make
them leave? Mr. John Morgan replied, it will give the
police authority to have that person removed from the park.
Mr. John Morgan made motion to recommend to the City Council
to add this amendment to the park ordinance. Larry Nichell
seconded the Motion . Motion carried 5-0.
ITEM NO. 5 - CONSIDER LIGHTING A SOCCER FIELD IN
PARTICIPATION WITH WSA - Mr. John Morgan opened the
discussion by asking Mr. James Johnson, Acting City Manager
if changes could be made in the master plan for this park?
Mr. Johnson, Acting City Manager replied, "yes. " Mr. John
Morgan informed the board and staff that WSA needed a
dedicated, lighted soccer field. We are currently being
forced to play in the outer baseball fields. WSA would like
to build a soccer/football field in the grassy flat area.
The size would be 120 feet long and 50 yards wide. We would
like to put up quartz lights, that 's 4 poles on each side.
Mr. John Morgan also stated that WSA could raise the funds,
with no expense to the City. However, WSA would like to get
permission from the City Council before starting to raise
the money. Mrs, Peggy Sewell asked if this supersede where
the amphitheater was supposed to be? Mr. John Morgan
replied, "it 's right on top of it. " Mrs. Peggy Sewell asked
if there wasn ' t another area that could be used? Mr. John
Morgan replied, "no, we 're running out of area. " Willie
Benetiz asked if the area is just large enough for one
field. Mr. John Morgan said, there is enough room for two,
but right now we are just thinking about one. We would like
to start building it this summer so that it can used this
fall for soccer and football. Mrs. Peggy Sewell asked if
there was any land on the other side of town, and didn 't the
City Council approve our proposal for the ordinance which is
relating to the developers? Mr. James Johnson, Acting City
Manager, replied, "the ordinance has been approved, but all
of the development has been started prior to the passing of
the ordinance. Mrs. Peggy Sewell asked if this was a
temporary measure? Mr. John Morgan replied, that it could
be permanent, I just don ' t know. Chairman Curtis Hale asked
if WSA could do this on their own? Mr. John Morgan replied,
"yes, the materials are estimated at $3,000.00 with the
labor free. "
Mr. Willie Benetiz made motion to approve WSA to have a
lighted soccer/football field as we have discussed. Mr.
Larry Nickel seconded. Motion carried 5-0.
ITEM NO 6 - DISCUSS MAJOR PARK SITE FOR THE FUTURE -
Chairman Curtis Hale opened the discussion that major park
sites are going to be a direr need in the future, as Gus
said, it would take a bond election to get it done. It
needs to be on everyones mind. Mr. Willie Benetiz asked if
there was any land for sale? Mr. James Johnson, Acting City
Manager, informed the board of the land at Birmingham Farms.
The land has been sold. The Savings and Loan Company would
sell it to the developers. Mr. James Johnson, Acting City
Manger, showed different tracts of land from the master plan
that would be developed in the future. He stated that the
northeast area of the City was good property, but it has
been plated and approved. However, if the developer doesn ' t
build on it soon he will have to start the process all over
again. Mr. Willie Benetiz asked, "in other words we
couldn 't acquire any land for at least a year?" Mr. James
Johnson, Acting City Manager, replied, if the economy picks
up and developers start building. Mrs. Peggy Sewell stated
that we need some good flat land. Mr. James Johnson, Acting
City Manger stated that what is needed is a Master Plan to
present to the City Council with trails, lights and etc.
Chairman Curtis Hale stated that we need to discuss this
from time to time so that we won 't forget.
ITEM NO. 7 - CITIZEN PARTICIPATION - NONE.
ITEM NO. 8 - GENERAL DISCUSSION - Mr. Willie Benetiz opened
the general discussion stating that he has noticed vehicles
parking on city park property and the City ordinance
prohibits. I would like to see it stopped. Mr. Bill
Windham, Director of Public Works replied, that Ken White,
Park Superintendent is in the process of putting up cable
around the park to keep vehicles out the park area. Bill
Windham, Director of Public Works asked that WSA speak to
their people.
Chairman Curtis Hale asked about the proposal on the soccer
fields from Sherri Cox? Mr. John Morgan replied, this is
something between WSA and the school.
Chairman Curtis Hale asked how the circus went? Mr. John
Morgan replied that they received $3300.00 in advance
tickets. We had a real good turn out.
Mrs. Peggy Sewell asked who the members are on this board;
we are suppose to have nine according to this ordinance?
Mr. Bill Windham, Director of Public Works replied that the
Charter supersede this ordinance.
Mr. Larry Nickell asked, " out of the $10,000.00 budgeted
for parks, have we only used $2400.00 for bleachers?" Mr.
John Morgan replied, "we have also had dirt taken out of the
budget. " Mr. Bill Windham, Director of Public Works stated
that some of the money was used to rebuild the park road.
Mr. Larry Nickell informed the board that several people had
approached him about some basketball courts, which are very
inexpensive. Mr. John Morgan stated that it could be
discussed, but we could not make a motion on it because it
was not on the agenda. He also stated that we could place
two at the end of the parking lot. Mr. Bill Windahm stated
that we could make the courts with the bomag machine with a
1 inch hot mix overlay, sealing it with dry portland cement.
Chairman Curtis Hale asked if this was inexpensive? Mr.
Bill Windham, Director of Public Works replied, " compared to
concrete, yes. "
ITEM NO. 6 - ADJOURNMENT - Chairman Curtis Hale asked for
motion to adjourn the meeting. Mr. John Morgan made motion
and seconded by Mr. Willie Benetiz. Motion carried 5-0.
Curtis Hale, Chairman
Parks & Recreation Board
Respectfully submitted:
Susan Marquardt, Secretary
MINUTES
PLANNING & ZONING COMMISSION
REGULAR MEETING
THURSDAY MAY 14, 1987
The Planning and Zoning Commission for the City of Wylie,
Texas met in a Regular Meeting on May 14, 1987 in the
Community Room at 800 Thomas Street. A quorum was present .
notice of the meeting had been posted for the time and in
the manner required by law. Those present were: Chairman
Brian Chaney. Vice-Chairman Ben Scholz, R. P. Miller and Jay
Davis. Bill Chapman and Ken Mauk were absent. Representing
the city staff was James Johnson, Interim City Manager; Roy
Faires. Code Enforcement Officer and Amanda Maples.
Secretary.
The meeting was called to order at 7: 30 p. m. by Chairman
Brian Chaney.
ITEM NO. 1 - APPROVAL OF MINUTES OF MARCH 19, 1987 - Vice-
Chairman Ben Scholz made a motion to accept the minutes.
R. P. Miller seconded the motion. Motion carried 4-0.
ITEM NO. 2 - CONDUCT PUBLIC HEARING ON A REQUEST FOR A
S,PF_CIFIC USE PERMIT -. This Specific Use Permit is to operate
a retail nursery in an "R" District - for 300 E. Hwy. 78,
Lot 37, Bloc 16 of the Railroad Addition.
Mr . Faires stated that the staff had recommended to the City
Council that this be handled as a Specific Use Permit rather
than a rezoning . This permit will allow him to sell live
plants outside it will not allow him to sell any produce on
the outside of the building.
Chairman Brian Chaney opened the public hearing to anyone
who may wish to speak for or against this item.
Mr. Hank Stanley. owner of the produce market came forward
and asked Mr. Faires if he would be allowed to sell
Christmas Trees on the outside of the building.
Mr. Fairies said that he would be allowed to sell Christmas
Trees.
There being no further questions or opposition the public
hearing was closed and brought before the board for
discussion.
Chairman Brian Chaney asked the members of the board if the
permit should be limited to a yearly permit which would have
to be renewed or if. a full permit should be granted.
0
Mr. Faires stated that he could not see ,lust cause to
restrict the permit to a yearly basis but the permit may be
limited to the present owner.
Chairman Brian Chaney said that he felt that limiting the
permit to the present owner would be the best way to handle
something like this because if this proved to be a bad idea
then it would not be grandfathered for several years.
R. F. Miller said that he also felt that a present owner
clause would be a good idea.
Ben Scholz agreed that a present owner clause should be
stipulated in the Specific Use Permit.
Ben Scholz made a motion to 9rant a Specific Use Permit for
the outside sale of plants with a present owner clause
stipulated in the permit. R. P. Miller seconded the motion.
Motion carried 4-0.
ITEM NO. _ - ADJOURN - Vice-Chairman Ben Scholz made a
motion to adjourn the May 14, 1987 Meeting of the Planning
and Zoning Commission. R. F. Miller seconded the motion.
Motion carried 4-0.
Brian Chaney. Chairman
Planning & Zoning Commission
Respectfully Submitted:
Amanda Maples. Secretary
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TO: MAYOR AND CITY COUNCILMEMBERS
FROM: LESTER GAYLER, FIRE MARSHAL
RE: RECOGNITION - WALTER E. (BUBBA) JUSTICE
DATE: MAY 21, 1987
Walter (Bubba) Justice, a 21 year old resident of the City
of Wylie, was riding his motorcycle on Memorial Street on
April 18, 1987, when he observed black smoke coming from the
back yard at 300 Memorial. Bubba investigated the fire and
found that the wood cedar patio cover was on fire. He then
scaled a 6 foot fence, found a garden hose and extinguished
the fire, before the Fire Department reached the scene.
Bubba managed to turn a possible $40, 000 fire loss, into a
loss of approximately $1, 200.
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. MEMORANDUM
TO: James Johnson, City Manager
FROM: Roy Faires, Code Enforecement
DATE: May 22, 1987
RE: Ordinance Amendment
The amendment to the Subdivision Ordinance requested by the
Council has, as you required, been forwarded to the City
Attorney for approval. His letter indicates approvoal
without change.
The Planning and Zoning Commission is sending this ordinance
forward to the City Council with recommendation for approval
therefore we have supplied the City Secretary with an
original copy of the ordinance to be placed on the next
agenda.
Respectfully d,
k-I't 4 *�
Roy Faires
Code Enforcement Officer
RF:rb
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SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
(Formerly Saner, Jack, Sallinger& Nichols)
ALFRED SALLINGER Attorneys & Counselors at Law PRESTON CENTER OFFICE
H.LOUIS NICHOLS 1800 Lincoln Plaza 8222 Douglas Ave.Suite 707
LAWRENCE W.JACKSON 500 N. Akard Dallas,Texas 76225
TIM KIRK (214)692-1218
ROBERT L.DILLARD III , Dallas, Texas 75201
ROBERT D.HEMPHILL (214) 954-3333
ROBERT E.HAGER
PETER G.SMITH
ROY L ARMSTRONG
DAVID M.BERMAN ROBERT L.DILLARD.JR.
JOHN F.ROEHM III May 20, 1987 OF COUNSEL
BRUCE A.STOCKARD
PAM GANDAL EUDARIC
Mr. James Johnson
Acting City Manager
City of Wylie
P. O. Box 428
Wylie, Texas 75098
Attention: Mr. Roy Faires
Director of Planning and Zoning
Dear James:
I have reviewed and approved the attached ordinance, which was forwarded to
me by Mr. Faires.
Very truly yours,
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
By
Lawrence J ckson
LWJ/sb
Enclosure
ORDINANCE
BEING AN ORDINANCE REPEALING ORDINANCE #86-52 AND AMENDING
ORDINANCE #83-13 SECTIONS 6. 04, 6. 06, 6. 07 AND 8, PROVIDING
FOR A SEVERANCE CLAUSE,` PROVIDING A PENALTY CLAUSE,
PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE.
WHEREAS: It is the desire of the City Council of the City
of Wylie, Texas to include additional requirements in the
Subdivision Regulations, and
WHEREAS: The City Council has determined that such
regulations are necessary to protect the health, safety and
welfare of the citizens of the City of Wylie, therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
COLLIN COUNTY, TEXAS:
That Section 6. 04, Subsection A paragraph 2 is amended by
adding thereto the following:
It shall be the responsibility of the developer to
acquire and file, with his construction drawings, any and
all easements necessary or required for offsite work. Plats
shall not be "approved for construction" prior to the
presentation of these documents.
That Section 6. 06 second paragraph is amended by adding
thereto the following :
It shall be the responsibility of the developer to
acquire and file, with his construction drawings, any and
all easements necessary or required for offsite work. Plats
shall not be "approved for construction" prior to the
presentation of these documents.
That Section 6. 07 first paragraph is amended by adding
thereto the following :
It shall be the responsibility of the developer to
acquire and file, with his construction drawings, any and
all easements necessary or required for offsite work. Plats
shall not be "approved for construction" prior to the
presentation of these documents.
That Section 8 is amended by the following actions:
Entitle existing paragraph a and adding thereto the
following :
To be supplied before filing of final plat, and adding 2 new
paragraphs entitled b and c so that the entire Section 8
reads as follows:
SECTION 8 - BONDS_AND_INSURANCE
(a) Any subdivider/developer shall furnish a
maintenance bond for one year from date of acceptance, an
irrevocable letter of credit for one year, or place in
escrow for one year from date of acceptance, an amount that
represents ten percent ( 10%) of the total cost of public
improvements (streets, drainage, water/sewer lines, etc. )
for said development in order to indemnify the City against
any repairs which may be necessary in connection with
construction of said improvements arising form defective
workmanship or materials for a period of one ( 1 ) full year
from final acceptance of each phase of the development'
Final acceptance of a subdivision or a phase of a
subdivision will be withheld until said maintenance bond or
proof of establishment of escrow account has been furnished
to the City.
r7
'
(b) The subdivider or developer shall furnish a labor
and materials payment bond equal to 50% of the cost of the
public improvements, to be supplied prior to approved for
construction stage process.
'
(c) Proof of liability insurance to cover any and all
accidents that are attributable to the construction activity
both onsite and offsite, to be supplied prior to approved
for construction stage process.
SEVERABILITyt_
It is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses,
and phrases of this ordinance are severable and if any
phrase, clause, sentence or section of this ordinance shall
be declared unconstitutional or invalid by any judgement or
decree of a court of competent jursidiction, such
unconstitutionality or invalidity shall not affect any other
remaining phrase, clause, sentence, paragraph, or section of
this ordinance; and the City Council hereby declares it
would have passed the remaining portions even though it had
known the affected parts would be held unconstitutional.
PENALTA.
Any person, firm corporation or other entity who is found
guilty of violating the terms of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction of any
such violation, shall be subject to a fine not to exceed the
amount permitted by State Law.
PUBLICATIONS.
The caption of this ordinance shall be published one time in
a newspaper of general distribution in the City of Wylie.
EFFECTIVE DATE.
This ordinance shall become effective upon its publication
in a newspaper of general circulation.
PASSED AND APPROVED BY THE CITY COUNCIL OF WYLIE, TEXAS THIS
THE DAY OF , 1987'
___________________________
Chuck Trimble, Mayor
ATTEST:
Carolyn Jones, City Secretary
TO: MAYOR AND COUNCILMEMBERS
FROM: JAMES JOHNSON, ACTING CITY MANAGER
RE: AGENDA ITEMS #6 & #7
DATE: MAY 22 , 1987
Item #6 - This ordinance creates the Cottonwood Creek Lift
Station District as we have previously discussed , regarding
the Lake Ray Hubbard Mobile Home Park. Fees are $430 .00 per
dwelling unit and the ultimate cost of providing a lift
station for the district in 1987 dollars is $4 ,984 ,560 .00 .
This ordinance was reviewed by Larry Jackson , City Attorney,
before appearing on the agenda for your consideration.
Attached map highlights district boundaries .
Item #7 - This ordinance came at the request of the Parks
and recreation Board and Wylie Police Department, regarding
a disturbance at a baseball game several weeks ago. This
ordinance will provide the Police Department with a
definitive ordinance to correct future incidents. (See P &
R Board minutes in the (Item 4 in minutes) packet) . The
other part of the ordinance is a housekeeping item as the
original ordinance was done (1978) before the adoption of
the charter. Article II , Section 2 , simply tracks the
wording in the City Charter (Article VIII , Section 2) and
brings the ordinance into conformance with the charter. A
copy of the original section dealing with composition and
appointment is attached .
/ (1
ORDINANCE NO.
AN ORDINANCE CREATING SPECIAL LIFT STATION DISTRICTS:
ESTABLISHING GENERAL PROVISIONS; ESTABLISHING BOUNDARY
LINES; ESTABLISHING FEES; AND SETTING GUIDELINES FOR THE
COLLECTION OF FEES AND SUBSEQUENT COLLECTION OF FEES:
PROVIDING FOR DEVELOPMENT STANDARDS: PRESCRIBING PENALTIES
FOR THE VIOLATION THEREOF; PROVIDING FOR THE PUBLICATION OF
THE CAPTION; PROVIDING FOR SEVERALBILITY AND THE EFFECTIVE
DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, A
HOME RULE POLITICAL SUBDIVISION OF THE STATE OF TEXAS;
SECTION 1 - GENERAL .
The City of Wylie is hereby empowered to establish, define
and amend sanitary sewer lift station districts for the
provision of sanitary sewage collection for the current city
limits and future expansion within the City 's
extraterritorial jurisdiction. These lift station districts
shall be provided when, in the opinion of the health, safety
and welfare of the citizens of Wylie and those people
impacted by such decisions within Wylie 's extraterritorial
jurisdiction.
These districts shall be established in such a fashion as to
make maximum use of existing topographic drainage basins and
to provide for a minimum number, of eventual lift stations to
serve the needs of the City and its ETJ.
Districts may be created encompassing land that lies both
within the city limits and outside the city limits at the
time the district is created. This is necessary in order to
insure for proper future planning and maximum utilization.
Fees that may be prescribed for a particular district will
be collected at the time of development based upon the level
of development. Subsequent fees may be charged if eventual
development exceeds the initial paid for scope of
development. Land area within the ETJ will be assumed to be
part of a particular lift station district and fees from
such areas shall be due at the time service and annexation
is requested.
All lift station districts shall be established, unless
specifically noted in the creation of such districts, to be
based upon a gravity flow system to the City 's lift station.
Developers and individuals desiring to connect to the system
shall pay their established fee for the district in which
their property is designated. The payment of this fee shall
entitle the developer/individual to connect to the existing
system at an anticipated flow determined by the development
and the payment of the fee. The monies thus collected shall
go to the construction, placement, engineering and general
provision of the lift station placement, engineering and
general provision of the lift station facility and it 's
necessary appurtenances. The developer/individual may, in
addition, be required to extend a connecting line between
his property and the available connection point. Such
extension shall be at his own expense and separate from the
collection of the lift station fee or any other, fee. In
addition, some developer/individual may be required to pay
the cost of continuing through their, property a general
collection line for the purposes of routing the sewage to
the lift station complex.
�� �
The City shall keep accruate records of all monies collected
and expended for each lift station district. Such monies
shall be audited annually as part of the City 's regular
audit procedure. The City may use money collected from one
district to start, upgrade or complete the lift station in
another district in order to respond to a changing
development pattern. In such case, those monies shall be
returned to the original lift station district account upon
collection as a result of ultimate development.
SECTION 2 - COTTONWOOD CREEK LIFT STATION DISTRICT
A. There is hereby created a special district for the
purposes of providing sanitary sewage facilities and the
construction of a lift station. This district shall be
known and referred to as the "Cottonwood Creek Lift Station
District. "
B. The boundaries of the Cottonwood Creek Lift
Station District are established as follows:
BEGINNING at the intersection of Akin Lane and Stone
Road and proceeding easterly to the intersection of FM 544
extended (W. A. Allen Blvd. ) ;
THENCE proceeding southerly along FM 544 to its
termination at the corner of Vinson Road;
THENCE proceeding along Vinson Road southeasterly to
Troy Road then extending to the City of Dallas Lake Ray
Hubbard property line;
THENCE following the meanders of the City of Dallas
Lake Ray Hubbard property line in a general southerly
direction crossing Liberty Grove Road and Cottonwood Creek
continuing to follow the City of Dallas Lake Ray Hubbard
property line until said property line crosses Liberty Grove
Road South of Cottonwood Creek;
THENCE southwesterly along Liberty Grove Road to its
intersection with Elm Grove Road;
THENCE northwesterly along Elm Grove Road to the
intersection of said road with Whitely Road;
THENCE northeasterly along Whitely road to the
intersection of said road with Wells Road;
THENCE northwesterly along Wells Road to the
intersection of said road with Pleasant Valley Road;
THENCE northeasterly along Pleasant Valley Road and the
curve to the northwest and then along said road
northwesterly to its intersection with South Ballard (Old
Sachse Road) ;
THENCE northerly along South Ballard to the south
property line of the Wylie Independent School District
property;
THENCE easterly alonq the south property line of the
Wylie Independent School District to the southeast property
corner which is also in the west property line of the Wylie
Park:
THENCE northerly along the east property line of the
Wylie Independent School District and continuing along the
western edge of Thomas Street to an intersection with Stone
Road;
� /
`
THENCE along Stone Road in an easterly direction to the
Point of Beginning at the intersection of Stone Road with
Akin Lane.
Borders of the above described district may be amended in
order to facilitate the extension of services or to exclude
service to a particular parcel of property contained within
the above mentioned area. Such additions or deletions may
be accomplished by amending the boundary line or by specific
notation as to the property or properties added or deleted.
1 . Additions to original district.
a. ) None
2. Deletions to original district.
a. > None
C. FEE FOR DISTRICT
The estimated cost of providing a lift station for the
Cottonwood Creek Lift Station District is $4, 984, 560. 00.
This estimate is based on 1987 dollars and therefore, the
City will retain any interest earned or overages collected
in order to defray any cost of inflation. This estimated
cost divided by the anticipated normal density of four (4)
units per acre results in a per unit fee at the time of
connection of $430. 00 per dwelling unit. Subsequent
development after initial connection will be required to pay
additional fees relative to increased usage. Commercial
users will be charged equivalent dwelling unit fees based on
an anticipated generation or subsequent production of two
hundred thirty (230) gallons of sewage per day average.
This calculation shall be made in the same manner as
outlined in the City of Wylie Impact Fee Ordinance and shall
use the same tables and schedules for computation.
SECTION 3 - PENALTY
Any person, firm, corporation or other entity who is found
guilty of violating the terms of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction of any
such violation, shall be subject to a fine of not less than
$1 . 00 nor more than $200.00.
SECTION 4 - SEVERABILITY
All ordinances or parts of the ordinance in conflict
herewith are specifically repealed and are superseded by
this ordinance. All other parts of such ordinances are not
repealed.
It is declared to be the intention of the City Council that
the sections, paragraphs, sentences, clauses and phrases of
this ordinance are severable and if any phrase° clause,
sentence or section of this ordinance shall be declared
unconstitutional or invalid by any judgement or decree of a
court of competent jurisdiction, such unconstitutionality or
invalidity shall not affect any other remaining phrase,
clause, sentence, paragraph or section of this ordinance;
and the City Council hereby declares it would have passed
the remaining portions even though it had known the affected
parts would be held unconstitutional .
�
`
SECTION 5 - EFFECTIVE DATE
This ordinance shall become effective upon it publication in
a newspaper of general circulation.
PASSED AND APPROVED BY THE CITY COUNCIL OF WYLIE, TEXAS,
THIS THE _ DAY OF , 1987.
Charles T. Trimble, Mayor
ATTEST:
Carolyn Jones, City Secretary
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ORDINANCE NO.
BEING AN ORDINANCE AMENDING ORDINANCE #78-18, ARTICLE II ,
SECTION 2, COMPOSITION AND APPOINTMENT OF THE PARKS AND
RECREATIONS BOARD, AND ADDING SECTION 10 , REGULATIONS
GOVERNING DISORDERLY CONDUCT, TO ARTICLE I , PROVIDING FOR A
SEVERANCE CLAUSE, PROVIDING A PENALTY CLAUSE, PROVIDING FOR
PUBLICATION AND PROVIDING AN EFFECTIVE DATE.
WHEREAS: It is the desire of the City Council of the City
of Wylie, Texas to include additional requirements in it ' s
ordinance regulating the use of Park and Recreation
Facilities and Parks and Recreation Board .
WHEREAS: The City Council has determined that such
regulations are necessary to protect the health, safety and
welfare of the citizens of the City of Wylie, therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
COLLIN COUNTY, TEXAS:
That Article II , Section 2 is amended as follows :
The City Council shall appoint a parks and recreation
board of seven (7) members who shall be qualified voters to
work in an advisory capacity to the City Council in the
planning and development of parks and recreation facilities
and regulations governing their use. Members of the board
shall be appointed for two (2) year terms with three (3)
members terms expiring in even numbered years and four (4)
members terms expiring in odd numbered years . Members of
the board shall elect a chairman, each July, from their
membership and shall meet at the call of the chairman or at
the request of the City Council . The City Manager shall
appoint a staff representative to the board .
That Article 1 is amended by adding thereto the following:
Section 10 : DISORDERLY CONDUCT. It shall be unlawful
for any person to willfully interfere with, disrupt, or
prevent the orderly conduct of any supervised play or
amusement program being conducted by the Wylie Parks &
Recreation Department or the Wylie Sports Association in any
building, swimming pool , playground or park area located in
or on any public property within the city.
It shall be prohibited to engage in loud, boisterous,
threatening , abusive, insulting , or indecent language, or
engage in any disorderly conduct or behavior tending to a
incite a breach of the public peace in any park or other
public facility.
SEVERABILITY.
It is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses,
and phrases of this ordinance are severable and if any
phrase, clause, sentence or section of this ordinance shall
be declared unconstitutional or invalid by any judgment or
decree of a court of competent jurisdiction, such
unconstitutionality or invalidity shall not affect any other
remaining phrase, clause, sentence, paragraph, or section of
this ordinance; and the City Council hereby declares it
would have passed the remaining portions even though it had
known the affected parts would be held unconstitutional .
PENALTY .
Any person, firm, corporation or other entity who is found
guilty of violating the terms of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction of any
such violation, shall be subject to a fine not to exceed the
amount permitted by State Law.
PUBLICATIONS .
The caption of this ordinance shall be published one time in
a newspaper of general distribution in the City of Wylie.
EFFECTIVE DATE.
This ordinance shall become effective upon its publication
in a newspaper of general circulation.
PASSED AND APPROVED BY THE CITY COUNCIL OF WYLIE, TEXAS THIS
THE 26th DAY OF MAY, 1987 .
Chuck Trimble, Mayor
ATTEST:
Debbie Peoples, Deputy City Secretary
///
°40e 4? ?a 11111141
41
SECTION 8: HORSEBACK RIDING. It shall be unlawful to ride
or lead a horse or pony anywhere or any place within the Community
Parks, Recreation or Community Center Facilities, except on streets
or paths designated by signs for such purpose.
SECTION 9: SPEED LIMITS FOR VEHICLES. It shall be unlaw-
ful to operate any motor vehicle of any kind or nature whatso-
ever or any bicycle or motor bike at a speed in excess of twenty
(20) miles per hour within the Community Parks, Recreation or Com-
munity Center Facilities.
ARTICLE II - PARKS AND RECREATION BOARD
SECTION 1: CREATION OF BOARD. There is hereby created
in and for the City of Wylie and for the surrounding Community,
the WYLIE AREA PARKS AND RECREATION BOARD. Hereinafter, referred
to as PARKS AND RECREATION BOARD.
SECTION_ 2 : __COMPOSITION APPOINTM w k s •, The
membership o ''ecreation Board shall be composed of
nine (9) members, five (5) who must be residents of the City? the
other four (4) who must be residents of the Wylie Independent School
District. Futher, at least one member of the Board shall be a mem-
ber of and represent the City Council , the Wylie Area Chamber of
Commerce, The Wylie Sports Association, and Wylie Independent
School District. •
SECTION 3 : TERM OF OFFICE. Each member of the Parks and Re-
creation Board shall serve for a period of three (3) years , except
for the initial Board which shall be established with staggered
terms of one (1) , two (2) , and three (3) years . The City Council
designate the term of office for each member appointed to the initial
Board. The effective date of the initial appointment of the Board
shall be July 1, 1978.
SECTION 4 : REMOVAL OF MEMBERS. The City Council may remove
from office any member of the Parks and Recreation Board for any
cause deemed by the City Council to be in the best interest of the
City and surrounding Community.
c7
CY
•
To: Mayor & Councilmembers
From: James Johnson, Acting City Manage$.-
Re: Agenda Items #8, #9, & #10
Specific Use Permit
Date: 5/22/87
This item has appeared before the P & Z Commission (5-14-87)
(See P & Z Minutes in packet - Item #1) . Planning & Zoning
conducted a public hearing on that day and the permit received
favorable action that the specific use permit be limited to the
present owner, Mr. Hank Stanley - Roy Faires will handle any
staff discussion.
APPLICATION
TO
Board of Adjustment and Appeals (Building) ORDINANCE 83-15
U Board of Adjustment and Appeals (Zoning) ORDINANCE 81-5
E1 Planning and Zoning Commission ORDINANCE 81-5 '
NAME -1yv K 5`t"a^y 1 CLAA - . .
ADDRESS 3OO ,. r) . •
LOT 3`1 BLOCK , Hn
SUBDIVISION -�� �f v0 PrC\
BASIS OF APPLICATION:
Interpretation
Special exception for use or development
EiiVariance
DRezoning
EException to Building Code ,
EXPLANATION:
0 ee r 4.71C ca. YC 7--1 ) dil v r S t✓y
_ r
IDte tic
1
's
SIGNITURE of APPLICANT
DATE t- ` -
Must be accompanied by filing fee of $ tc.pc'Sri
PI
-- _5-/f—x 7
Received: + (, _ n
Date: �1 -$7 0 e - pC 441- F 2
4
CODE E RCEMENT OFFICER
f
BROWN
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MEMORANDUM
DATE: c/ /�77
TO: James Johnson, Interim City Manager
FROM: Ron Homeyer, Asst. City Engineer
SUBJECT: Plat and/or Plans Approval
mr-�- / 07-5 Z�!- � P11,17r
The material attached _is approved by the Engineering
Department as being complete and acceptable for placement on
the next appropriate agenda.
OPreliminarY Plat to Planning and Zoning
OPreliminary Plat to City Council
OFinal Plat to Planning and Zoning
a/Final Plat to City Council
DConstruction Plans to City Council for
construction approval only
[] Final Plat to City Council for subdivision
acceptance along with final inspection statement
COMMENTS:
`
'
_
- -__-_
RH/am
CC.* Public Works Director
Code Enforcement Officer
Subdivision File
Chronological File
/
0.11.11111 CERTIFICATE
IRATE OP TEEM COME OF COLLIN:
SURVEYOR'S CERTIFICATE
/ LOT DI KNOW TO ALL MEN BY 1TESE PRESENTS,
THAT, 1, Donald J.Jackson,do hereby certify that I prepared this
plat from an actual survey of the land and that the corner monuments
shown thereon were properly Oared un r my peraon.ouPerStskon it,
..,
following meet of landr
:::::::::LL'ols'::::::::
accordanre with the Platting Rules Regulations of the City Planning 1,an addition to t.City of Wylie,Texas as recorded in Cabinet 11,
4. S 89' 53' 49-E 121.86' Page 221 of the Plot ccccc do of Collin County, .and bet.more Commlaeion of the City of Wylie,T
i 0 a W perticalsry described err follow.
tH la RAD Z ....6 COMM.at the Int...ion of the meat rIght of way line of Somber s.RE....4-
< • Lana la 50'a.0.11.I with t.north right of vay line of Lathy Lone
.50.11.0.E.), .0,70... ..4 Itegiatel'edtblr rweyor 1,49
r.... 4110:, •..4.1"
i.)iir—er-,, gt BLLOLOTOC T_K72 22 AI
oti
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nr:Lt:oh.n:e,t no•n:.c.,PNN2,12I a:N,.,,:aT::0n;dO:F::2.1B3EE,Gwr:iS1IntoN.viuNe:::tI:hN G0::.0:,
/
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.:e e0ae:0:Otsss,,,R d;aPttt
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.A:eoRr.E.4.t usE1 L.omoO.e•.NeFfD..atnE3..TnTt,T i..eedJ9Er.A7.aXtx...4ranc.Ah.do.esJtS.9.n.,i.A
c.noiC-!d.dok:e.enK'1o.firr1:S\a.shw.-.::.
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edgnr.
deaa doyt anh euptweort hehromosioesnr eni a,ttnhyl,aa,,l myt,,ae‘ah.eNlp.oe.p eelnaxa,ue,rcabe nsdia dcP eurDodibi nnbl eatidhctl eldm it oJsn ae.msstehPoJ eaad ccfokffioosrt oYrr enthgtt.
oehh eet nreg
in
Y stated.
(10 2 ..ww-•''..-'"'
Containing a computed area of l6,116 sumire feel or 0 314fi ficree of
lli Cr) ........". ,,,,,,i up:80,444c AND SEAL OF OFFICE thin a0._day of W2,1".„..land.
LOT 23 if).. ............----
-....
....- POINT OF
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0 ----.. BEGINNING
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....
TRAP.CARL A.TERRY AND LISA*.N.TERRY,does hereby adopt this plat 503'P" 7. ‘0"* __---- • ao-A REPLAT OF LOTS 22 AND 22,Block 1 Of POINTE NORTH ADDITION, PHASE 4reio'i"‘ z
-re 1
..........-
___...-- uee and accommodation of all public utilities dealt.to use.or using
.,-.'-''-'":„SP-.6.C. the some. No buildings, fences,I..a..idirubs or other improvements
shell be conetructed or placed upon,over or across the......nt...Pa
public utility shell have the right to remove and
APPAO.0 AND ACCEPIED 1 keep removed ell or port of any buildings,fences, trees,shrub.or
other impro.....ts or aro..vhich In any way endenaer or Interfere
with the construction,maintenance.or efficiency of its respective LOT 24
my..on my of these easement strips,md any public utility shell
ik:K3 et all times hove the right of in.....and tErees to and from and upon SCALE NEW
Mayor,City of Dyne,Texas Date any of said easement strips for the porpo.of conotmeti.E.ree...mettna.
2
Io
POINT OF : in.....Patrolling.mr.ntoining,end adding to or removing ell or port of Its respective system without the necessity at any time
of procuring the pe......on of anyone. Th.plat approved subject
LT4ILT411:5,4::1,,nmerea,rules,regulations And resolutions of the
.I
EXECUTED THIS_LL;?.___dek'of galaw,..._Ei \ t
ea et N.TerrY
La
grertrftes that the largoing filial plat of"A WEELAT OF LOTS 22 AN°
El,111,0Er I OF POINTE NORTII ADDITION, PHASE F't sobdrvislon or addirton
bto the CI i y of Wylte was subnItted to the Ctty Council on the
0
day of , lotil,and,e Council by for..ac,..., ,nii--W, --
,1.,,accepted the de,,,tio.or str.,ts,alleys,parks,easements,
Z
publrrt places,and stater and sever lrnes as shorn and eet forth In
and upon sattl plat,end said Council lurther authorized the Mayor to
note the acceptance thereof by signing/us name as heretnehove auhtotrthed
Wttnese my hand this day of
STATE OF TEXAS:
Ct t Y EerretarY,City of Wylie,Texas COMMENCING Iiik."
COUNTY OF COLLIN:
BEFORE ME. the undersigned authority,a Notary Public In and for the
State of Texas,on this day personally appeared Carl K.Terry and Lleatteth
N.Terry known to me to be the persons whose names in subscribed to
the foregotng instrument end acknowledged to me th.t they executed
the same for the purpose and conaideration therein erpressed,and an
the capacity therein stated. A REPLAT OF LOTS 22,23,BLOCK I OF
CITEN OMDEll MY NAND AND SEAL OF OFFICE this d y ofjt ,
KATHY LANE 1.17. POINTE NORTH ADDITION, PHASE
ot•rWil en or tfeVelo eras
B.M.WILLIAMS SURVEY ABSTRACT No. 1021
( 50' R.O.W. ) COLLIN COUNTY, TEXAS
CITY OF WYLIE
DATE,M0Y1737
omen CARL X TERRY onE LISABETHW TERRY
IljTrkr,TETAMOST
I 04144?-7552 J.Mc E50-87-0,o0
I JACKSON 11.ASSOCIATES SURVEYING CONSULTANTS,
MO AMANIE ROAD UM 00 RIC1.114014 TEXAS 1504 .1 66'
.,..
•1" .
•
To: Mayor & Councilmembers
From: James Johnson, Acting City Manage
Re: Agenda Items 12 & 13
Date: 5/22/87
Item 12 - Lighting of Soccer Fields
(See P & R Board Minutes - Item 5 - of 5/5/87)
Mr. John Morgan, of WSA and Parks & Recreation Board will make
an oral presentation as to the lighting of a soccer field at
the Community Park. This item apparently had been discussed
before, however, the WSA will propose this evening using some
of the park area for a lighted soccer field and pay for the
lighting installation themselves.
Item 13 - Park Master Plan Priorities as recommended by Parks &
Recreation Board. (See discussion - P & R Minutes Item #2) and
attached priorities listing and projected costs by fiscal year.
John Morgan or another P & R member will be present to propose
master plan.
*****4*********4* *****4+****4* *** *?***** ********************F***************F******,?***********************************************F***iF******************?****************************
CITY OF WYLIE PARK MASTER PLAN PRIORITIES
****-*******************************************************************************±********************************************?*************************************************************
BCLHMSN ACC
EHOAOEI V of 0 FY FY FY FY FY FY FY FY FY FY FY FY FY FY
PARK./FACILITY DESCRIPTION NAVLRWC G C U 1986-87 1987-88 1988-89 1989-90 1990-91 1991-92 1992-93 1993-94 1994-95 1995-96 1996-97 1997-98 1998-99 1999-2000
IPEEGEK N BOND YR BOND YR BOND YR TOTALS
**************************4********************************************************************************************************************************************************************
COM PK/BASEBALL COMPLEX 1 1 3 1 2 1 1 1.4 5.000 7,500 10,000 22.500
50 SOCCER FIELDS 1 1 2 1 3 4 2 2.0 8,000 8,000 10,000 10,000 10,000 10,000 10,000 10,000 76,000
COM PK/PICNIC PLAY AREA 1 1 4 5 2 1 1 2.1 1,000 1,000
BASKETBALL COURTS 2 2 3 1 2 4 1 2.1 10,000 10,000
60 BASEBALL DIAMONDS 2 2 2 4 2 2 3 2.4 0
10 FOOTBALL FIELDS 2 2 ' ? '' i ' 2,4 10,000 12,000 12,000 12,000 12,000 12,000 70,000
6 MAJOR BASEBALL COMPLEXES 3 3 1 1 4 3 2 2.4 600,000 600,000
) HOSP PK/WALK-JOG TRAIL 4 1 5 2 2 1 4 2.7 0
COM PK/COMMUNITY ROOM 1 1 4 3 2 6 2 2.7 0
HOSP PK/PICNIC PLAY AREA 4 1 5 3 2 1 4 2.9 0
GYMNASIUM 3 3 4 5 1 3 2 3.0 400,000 400,000
TENNIS COURTS 4 4 3 4 3 3 1 3.1 20,000 20,000
LAVON DAM/CAMPGROUND 6 4 2 4 1 1 6 3.4 0
COM PK/SWIMMING POOL 1 5 6 1 1 10 1 3.6 300,000 300,000
KIRBY PARK 2 2 3 4 10 3 5 4.1 1,000 1,000
COMMUNITY ROOM 8000 SFT 5 4 5 6 2 3 4 4.1
� , LK RAY HUBBARD/BOAT RAMP 8 7 1 2 5 5 3 4.4 0 �-
TP&L PK/BIKE TRAILS 7 1 10 7 2 1 7 5.0 0 0 `^ ^'
,4
TP&L PK/PICNIC AREA 7 5 10 5 2 1 7 5.3 0
TP&L PK/JOGGING PATHS 7 5 10 6 2 1 7 5.4 0
COMMUNITY ROOM 12000 SFT 6 7 6 5 3 5 6 5.4 0
-- 3 MUNICIPAL GOLF COURSES 1 2 10 10 10 1 5 5.6 500,000 800,000 1,300,000
COM PK/BANDSHELL 1 3 10 10 2 8 10 6.3 100,000 250,000 350,000
�, CREEK CHANNEL PARKS 8 8 9 8 2 1 9 6.4 0
MUDDY-CRK/JOBGING PATHS b b 8 8 3 10 5 b.b 0
MUDDY CRK PK/BRIDLE PATHS 6 6 8 9 3 10 5 6.7 0
MUNICIPAL AUDITORIUM 7 6 10 8 10 6 3 7.1 0
REESE PROP PK/BASEBALL COMPLEX 10 9 4 5 4 10 9 7.3
0
BMSHM LAKE PK/FISHING LAKE 10 10 6 7 2 8 10 7.6 0
33 REESE PROP PK/PICNIC PLAY AREA 10 9 4 7 4 10 9 7.6
, 0
- BMIGHR LK PK/JOGGING & BIKE TRAILIO 10 6 7 2 9 10 7.7
BMGHM LK PK/PICNIC PLAY AREA 10 10 6 6 2 10 10 7.7 0
COMMUNITY ROOM 18000 SFT 8 9 9 7 4 10 8 7.9 0
COMMUNITY ROOM 25000 SFT 10 10 3 6 10 10 10 8.4
0
•) jn WATER GARDEN 10 7 10 9 10 4 10 8.6 0
COMMUNITY ROOM 20000 SFT 10 10 10 9 6 10 10 9.3 0
INDOOR SHOOTING RANGE 10 8 10 10 10 10 10 9.7 0
7,000 25,500 48,000 1,000,000 22,000 22,000 22,000 22,000 922,000 10,000 0 0 0 1,050,000 3,150,500
TO: MAYOR AND COUNCILMEMBERS
FROM: JAMES JOHNSON, ACTING CITY MANAGER
RE: AGENDA ITEMS, #14 AND #15
DATE: MAY 22, 1987
Item #14 - Street lighting in Kenningston Addition. Mrs.
Vanessa Orr at 109 Windsor does not want a street light in
front of her house. If the council remembers, additional
street lighting was approved to be installed at city expense
after several homeowners requested such lighting. Roy
Faires will handle staff discussion of the issue.
Item #15 - Gilbert Welch Presentation. Mr. Welch lives in
the Wylie Ranch Estates and has, as well as others in the
area, experienced water supply interruption problems this
past week due to the city' s contractor' s work at the Nortex
Pump/Storage site. The city' s contractor has been
attempting to get the Nortex Station tied in directly with
the city supply system while the instrumentation and other
items are to be finished at the site. The problem has been
that the blocking on the valve tying the station to the
city' s system directly, has not hel'd on at least two
occasions and he, Mr. Galvan, Myco Ready-Mix, Nortex Nursery
and others have experienced periods of no waterwithout
notification.
-=
/W7
(
61,-) k6.,,ktr a(1 iti C-1(IA dti
od6/Lui1/4-e_), 11/
'AA) idaAKt Li5,1 hc/rkeki, ,
Li,4(0,,u., ,e6 a tu,a4aLcc___6)7I- AxLs/Le:
(-(61(4-t &e
36'
•
To: Mayor & Councilmembers
From: James Johnson, Acting City Mana
Date: 5/22/87
Re: Agenda Items #18 & 19
Item #18 - Presentation by Mr. James Butts of Chamber Commerce for
summer recreation program. Mr. Butts is going to make another app-
roach to the Council on the proposed summer recreation program.
I have attached a program funding sheet previously submitted by the
Chamber. Hopefully by Tuesday evening, I will have your budget reports
ready for the period ending 4/30/87 so can ascertain for yourself how
limited city resources are. A proposed amended budget will also by
shortly forthcoming as I have devoted much time lately to the Texas
Water Commission and hope to get back to more normal duties.
Item #19 - Newport Harbor - Water Line Funding - Funding For Project -
Impact Fund - Funds Available - $237,106 (as of 5-22-87) - Estimated
Costs of Projects - $58,000 - $62,000. 8" water line and booster
pump with controls that will become part of new delivery point at
Newport Harbor as proposed in the CH2M Hill report. Item discussed
at May 21, 1987 meeting and tabled. The memo from that meeting is
attached. Estimated time for new pump station and delivery point on
line is in excess of 6 months time neccssitating action to get adequate
water supply to subdivision under construction.
is
WYLIE SUMMER RECREATION PROGRAM
}
I
Possible
# of kids INCOME 4 Weeks
1
i
Week 1 - 30 $300
Week 2 - 30 $300
Week 3 - 40 $400
Week 4 - 50 $500
Total income from $5 registration fees - $300
TOTAL INCOME - $1800
EXPENSES 4 Weeks
One Coordinator ($8 p/hour, 6 weeks) $1920
Two Counselors ($4 p/hour, 4 weeks) $1280
Publicity $ 300
Arts & Crafts Supplies $ 400
Sports Equipment $ 200
Transportation (bus for field trips) $ 200
Portable Restrooms $ 150
Daily Movie Postage $ 30
Drinks & Ice $ 70
TOTAL $4550
Less Income $1800
Need to Raise - $2750
,
The recreation program should be centered at the covered pavilion at the city park.
A suggested age group is kids entering the 1st through 6th grades. Hours of operation
should be 8 or 9 a.m. until 2 or 3 p.m. Each child should bring their own sack lunch
every day, and we will provide the cold drinks. There are plenty of curriculum and
activities ideas from other successful programs in our area. There is no doubt we
can put on a very successful program, if we can secure financing.
1
f
MEMORANDUM
DATE: May 18. 1987 /) J
TO: James Johnson. Interim City Manager
FROM: Ron Homever, E. I . T. . Asst. City Engineer
SUBJECT: Newport Harbor Water Needs
The developer of the above referenced subdivision was
promised by past staff members that there would not be any
problem with supplying him water. The original commitment
was to supply him water through a new delivery point oft of
a NTMWD transmission line. The delivery point has been
approved by the NTMWD board. but is still 3 to 4 months away
from becoming a reality due to the engineering and
construction which still needs to be completed. Because of
the long time frame involved with the delivery point, the
developer has requested that the City extend an 8-inch water
line along FM 1•778 north from Lake Ranch Estates to his
development site. This water line. in my opinion. will
become a permanent part of the City 's distribution system:
therefore, tnis appears to be a good investment for the City
of Wylie. I have also had an inquiry from one of the
property owners along this route for city water service.
Estimated costs for line $48,000 -50,000
Estimated Booster Pump
& Controls Costs $10,000-12,000
$58,000-62,000
This item is under discussion and analysis by CH2M Hill in their
total scope of utility system needs for the city.
•
•
TO: MAYOR AND COUNCILMEMBERS
FROM: JAMES JOHNSON, ACTING CITY MANAGER
RE: AGENDA ITEMS #20, #21, #22 '
DATE: MAY 22, 1987
Item #20 - CH2M Hill Engineering Report. Action on this
report is necessary for the presentation by the City to the
Texas Water Commission. Proposed staff meeting (see
enclosed memo) for June 1, 1987, 2:00 p. m. at TWC in Austin
on our proposed plan of improvements in response to their
letter of May 6, 1987 and pending enforcement action.
Item #21 - Funding for Proposal - Lanfill Improvment Fund.
Original appropriation - $25, 000
Spending to date 2, 500
for Survey/Topo map
of Lanfill
Available Funds - $22, 5069
Staff recommends ATI Environmental Service, Inc. after
considering several geo-tech proposals regarding closure of
Wylie Sanitary Landfill. This geo-tech proposal/plan is
necessary for the closure of the landfill and has to be
completed before any equipment and dirt moving can be done
on site. For the Council' s information, Larry Jackson, Tom
Wills of ATI Environmental and myself, met with Texas
Department of Health Officials on Wednesday, May 269, 1987 in
Austin, regarding the Attorney General' s lawsuit against the
city (filed last year) and their charges that barrels of
hazardous waste were buried in 1977-78 at the landfill.
W. A. Allen, P. W. Director at the time, has stated that those
charges are not true. We gathered a great deal of
information and copies of their records from the meeting.
We agreed to meet state officials at the landfill site, so
as to excavate several spots at the site to determine if the
barrels are indeed there. They have a great deal of reports
and sworn testimony to indicate that there are barrels at
our site. They are slated to be here on June 8 & 9 for this
site inspection/excavation. Mr. Jackson recommended we
agree to this inspection. If there are barrels from
Chemical Recyclers at the landfill, the costs of cleaning up
the site may be substantial. If not, I expect that getting
the dirt work and everything else done, will exceed our
$25, 000 figure of working capital we received from the BFI
settlement to close the site. Recent letters from the
Department of Health and Attorney General are attached.
Item #22 - This item goes with the Council ` s approval of the
CH2M Hill report on a schedule of proposesd improvements.
This authorization would allow a contract to be developed
with North Texas Municipal Water District for contract bonds
for the proposed improvements. There are other ways to
finance these improvements, however, Mr. Frank Medanich of
First Southwest, suggested this approach at last Thursday' s
meeting. Mr. Medanich will be here to answer any
questions.
A ATI ENVIRONMENTAL SERVICES, INC.
2209 Wisconsin St., Suite 100
Dallas, Texas 75229
(214) 620-8913
May 14, 1987
City of Wylie
Attention Mr. James Johnson
411 N. Ballard
Wylie, TX 75098
Dear Mr. Johnson:
PROPOSAL #58708
GEOTECHNICAL INVESTIGATION
Wylie Sanitary Landfill
We are pleased to submit the following proposal for a geotechnical investigation
of the Wylie Sanitary Landfill . The purpose of the geotechnical investigation
will be to provide information for use in closure of the landfill and for layout
of equipment and design of a structurally sound foundation system for the new
wastewater treatment system. This investigation will include the following:
Establish the limits of fill material buried at the landfill .
Determination of the subsurface soil , rock, and groundwater conditions on
the site to a depth of 25 feet or at least 3 feet below the level of fill
material .
Determination of the engineering characteristics of the subsurface materials
encountered.
Provide data required for layout and design of the most suitable foundation
system forthe wastewater treatment plant.
Provide recommendations regarding earthwork, including grading and
excavation, backfilling and compaction, the treatment of in-place soils for
the support of foundations and possible construction problems.
This scope of work is believed to be fully responsive to the commitment made by
Mr. I. W. Stanley to the Texas Department of Health (TDH) . I suggest that a
decision to proceed with this geotechnical investigation be deferred until after
the meeting with the TDH schedule for May 20, 1987.
We propose to investigate the subsurface fill soil and/or rock conditions at the
site by drilling exploratory test borings. It is estimated that the necessary
information will be provided by drilling 25 test borings to a depth of 25 feet.
However, the number and depth of the test borings required to obtain the
Environmental Engineering/Industrial Hygiene/Consulting
f .
ATI ENVIRONMENTAL SERVICES, INC.
Page 2
necessart field data may vary depending on the actual soil and/or rock con-
ditions encountered. If unusual subsurface conditions are encountered and
alternate field work is indicated, we will consult with the client prior to
demobilization from the site.
The investigation will also include laboratory tests to determine the
classification, gradation and other physical characteristics of the subsurface
soils. Our laboratories are fully equipped with modern equipment for soil and
rock testing and tests are performed by trained qualified technicians in
compliance with the applicable specifications. Field exploration programs are
conducted with drilling equipment operated by experienced and reliable drillers.
All field and laboratory staff are supervised by professional engineers.
The results of the field exploration and laboratory tests will be utilized in
the engineering analysis and the formulation of our recommendations. The
results of our investigation, including the substantiating data and our
recommendations, will be presented in a written report prepared by a registered
professional engineer.
Our fees for the performance of the investigation on the site described will be:
Mobilization $ 150
Drilling of Test Borings
25 borings x 25 ft = 625 x $8/ft $5,000
Laboratory Testing
Percent Moisture 75 @ $ 4 = $300
Atterburgh Limits 10 @ $ 30 = 300
Permeability 2 @ $125 = 250
Consolidation 2 @ $230 = 460
SUBTOTAL $1,310
Engineering Analysis, Report and Recommendations
Layout/Reconnaissance 5 hours @ $45 = $225
Logging 6 hours @ $45 = 270
Analysis/Report 7 hours @ $45 = 315
Review 2 hours @ $60 = 120
SUBTOTAL $ 930
TOTAL $7,390
/�ATI ENVIRONMENTAL SERVICES,INC.
ATI ENVIRONMENTAL SERVICES, INC.
Page 3
On the basis of these unit quantities, the cost of these engineering services is
estimated to be $7,390. We guarantee not to exceed this figure without your
prior approval . The above estimate is based on the owner providing suitable
access and entry to test boring locations. Difficult moving or stand-by time in
excess of one half hour, due to unusual site conditions, will be charged at a
rate of $85 per hour.
If this proposal is satisfactory, would you please sign the enclosed Proposal
Acceptance and Sheet return it to us. We would proceed with the boring opera-
tions within three (3) working days from your notification to proceed. A
complete written report would be in the mail to you within ten (10) working days
following completion of the boring operations. Payment will be due in Dallas,
Texas, within ten (10) days of receipt of invoice. Interest will be added to
delinquent accounts at a rate of 1.5 percent for each month of delinquency.
Thank you for this opportunity to offer our services. We look forward to
working with you on this project.
Respectfully submitted,
ATI VIRONMENTA ' SERVIC S, INC.
/
Thomas L. Wills
President
TLW/vlm
Attachment: Proposal Acceptance Sheet
4 ATI ENVIRONMENTAL SERVICES,INC.
ATI ENVIRONMENTAL SERVICES, INC. ("ATIE")
PROPOSAL ACCEPTANCE SHEET
Page 1 of 2
Date: MAY 14, 1987
ATIE Proposal No. 58708
Client: CITY OF WYLIE
Description of Services: WYLIE SANITARY LANDFILL//GEOTECHNICAL INVESTIGATION
Project Name: Location:
Schedule:
FOR PAYMENT OF INVOICES - Charge Invoice to the Account of:
Firm:
Address:
Zip Code:
Attention: Telephone: ( ) -
Purchase Order No. : Issued By:
PROPOSAL ACCEPTED BY:
Signature Title Date
PAYMENT TERMS: Payable Net 10 Days Upon Receipt of Invoice in Dallas, Texas.
PROPERTY OWNER IDENTIFICATION (If Other Than Above)
Name:
Address:
Zip Code:
Attention: Telephone: ( ) -
FOR APPROVAL OF INVOICES - Send Invoices To:
Firm:
Address: Zip Code:
Attention: Telephone: ( ) -
If the invoice is to be mailed for approval to someone other than the account
charged, please indicate in the space above.
Z 2/
Proposal Acceptance Sheet - ATIE Page 2 of 2
Invoices for completed work will be issued at the end of each month for con-
tinuous or extended projects unless otherwise agreed.
SPECIAL INSTRUCTIONS: •
REPORT DISTRIBUTION
# of
Firm/Attention Street Address City State Zipcode copies
Please note that ATIE reserves the right to withhold all reports until such time
as we receive a signed Proposal Acceptance Sheet or other written authorization.
Please return a completed copy of the Proposal Acceptance Sheet to insure
correct billing and report distribution.
c7.
THOMAS L. WILLS, P. E.
ATI Environmental Services, Inc.
2209 Wisconsin Street, Suite 100
Dallas, Texas 75229
W: (214) 620-8913
H: (817) 732-7374
EDUCATION:
1970 - Indiana State University, Terre Haute, IN
B.A. Chemistry
1973 - Purdue University, West Lafayette, IN
B.S. (Environmental ) Engineering
GPA: 5.9 of 6.0, Graduated with Highest Distinction
1976 - Georgia Institute of Technology, Atlanta, GA
M.S. Chemical Engineering
GPA: 3.8 of 4.0
Thesis: "Absorption of SO2 by Water Drops During Condensation"
Certificate of Proficiency in Air Pollution Control Technology
1985 - Southwestern Baptist Theological Seminary, Fort Worth, TX
M.A. Religious Education
GPA: 3.9 of 4.0
Registered professional engineer (PE) in the states of Texas, Indiana and California.
Tau Beta Pi and Phi Kappa Phi honoraries.
EXPERIENCE:
Standard Oil Company of California, Richmond, CA
August 1974 through March 1977
Research Engineer
Designed a gas oil desulfurization unit; started up an American and a
Japanese hydrotreater; started up two cat reformers; correlated pilot plant
data; conducted process development and improvement studies; developed a
computer model using Fortran on an IBM 370 which described the process
kinetics, yields, and economics for proprietary Che.ron processes; optimized
operating units in the LSFO Division of the Richmond Refinery.
General Electric Company, Mt. Vernon, IN
April 1977 through July 1981
Process Engineer
Started up a $ 13 million UNOX wastewater treatment system; supervised nine
operating and three maintenance technicians; conducted operator
A ATI ENVIRONMENTAL SERVICES,INC.
training; designed and constructed a DAF solids pretreatment
system; obtained construction permits for plant expansion using an
innovative "bubble" approach; installed an ambient air monitoring sta-
tion; wrote the operating manual for a new phenol plant; specified and
purchased a process control computer.
Manager, Environmental Systems
Environmental , Industrial Hygiene and Safety Manager for petrochemical
and plastics plant employing over 1,200; supervised eight professionals
and twenty technicians; controlled operating budgets of $ 3 million per
year; had operating responsibility for the wastewater treatment system;
obtained PSD permits for a major plant expansion; implemented hazardous
waste management to comply with RCRA; defined closure requirements for
an abandoned landfill ; developed a comprehensive site employee
exposure monitoring program.
Champlin Petroleum Company, Fort Worth, TX
July 1981 through October 1983
Environmental Affairs Supervisor, Manufacturing and Marketing
Directed environmental compliance programs for three petroleum refineries,
one ethylene plant and a marketing operation; reviewed requests for capital
funds for environmental impact; negotiated PSD and NPDES permits with
regulatory authorities; resolved notices of violation and administrative
orders without being fined; prepared testimony regarding new source review
regulations in Los Angeles; developed a corporate environmental audit
program; prepared an environmental risk assessment and cost estimate for
the closure of a refinery; participated in the air regulations task group
of the Chemical Manufacturers Association.
TALEM Inc., Fort Worth, TX
May 1984 through December 1986
Operations Manager
Supervised ten chemists and laboratory technicians performing environ-
mental chemistry and analyses; responsible for work scheduling in a
resource limited environment; decentralized work planning to improve
productivity; reorganized laboratory and field operations; upgraded quality
control ; purchased operating supplies; demonstrated ability to meet expanded
cash flow measurements.
Project Manager
Defined and developed a computer system to process laboratory data with a
Wang VS minicomputer; conducted environmental assessments for industries;
conducted a hazards review and obtained permits needed for a new
semiconductor process using toxic arsine gas; wrote the closure plan for
A ATI ENVIRONMENTAL SERVICES,INC.
1
hazardous waste site closures; supervised cleanup of cyanide contamination;
solved effluent compliance problems for electroplaters; developed marketing
plan for TALEM sales activities with engineering and consulting firms;
prepared proposals and quotations; made sales calls on new and existing
clients; implemented sales training for the account representatives;
organized the consulting group after hiring additional professionals;
devised a quality training plan using Philip Crosby Associates to improve
quality throughout the company; and managed industrial hygiene
activities.
ATI Environmental Services, Inc. Dallas, TX
December 1986 through the present
President
Founded ATI Environmental services to provide environmental engineering,
industrial hygiene and consulting services. Responsible for business
development, profitability, quality of work and motivation of
employees. Consulting provided includes environmental management, RENT
A PRO' services, asbestos services, industrial hygiene, geotechnical
engineering, hazardous waste management, air pollution control , water
pollution control , permit negotiation services, and municipal services.
Conducted an industrial noise survey and presented testimony to the
Arlington City Council ; conducted air monitoring to evaluate worker
exposures; obtained pretreated permit for a significant industrial
discharge; negotiated an exclusion from regulation as a waste for an
industrial by-product; characterized and classified industrial solid
wastes; conducted asbestos surveys of eight shopping malls totalling 4
million square feet; conducted a hazardous waste site assessment for a
50 acre park development; negotiated an industrial discharge permit and
gave testimony at an administrative hearing; gave slide presentations
regarding asbestos management procedures; conducted compliance moni-
toring and flow measurement for categorical discharges.
AFFILIATIONS:
American Institute of Chemical Engineers
American Industrial Hygiene Association
National Asbestos Council
Water Pollution Control Federation
Air Pollution Control Association
North Texas Hazardous Materials Association
National Society of Professional Engineers
CONTINUING EDUCATION:
Supervisor Training Course, Ross and Associates, San Francisco, CA,
September 1976.
ATI ENVIRONMENTAL SERVICES,INC.
Gam%
Review for Professional Engineers Examination, Bechtel , Inc. , San
Francisco, CA, November 1976.
GE Effective Presentation Course, General Electric Co., Mt. Vernon, IN,
September 1977.
Boomarrang II , Bureau of National Affairs, Evansville, IN, May 1978.
Interpersonal Communicators Workshop, General Electric Co. ,
Crotonville, NY, December 1978.
Process Instrumentation and Control , Wylie Interscience, Houston, TX,
May 1980.
Management Practices Course, General Electric Co. , Crontonville, NY,
May 1981.
Non Manipulative Selling, TALEM, Inc., Fort Worth, TX, October 1986.
Construction Specifications, University of Kansas National Asbestos
Training Institute, San Antonio, TX, February 1987.
EPA Underground Storage Tank Technical Training, Hunter Associates,
Dallas, TX, March 1987.
Supervision of Asbestos Abatement Projects, Georgia Tech Research
Institute, Little Rock, AR, April 1987.
Review for Certified Industrial Hygenist Exam, North Texas Section
American Industrial Hygiene Association, Arlington, TX, May 1987.
A ATI ENVIRONMENTAL SERVICES,INC.
9
. F.s r .
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t'-._.o •,till
vemWMAt
•
Texas Department of Health
Robert Bernstein,M.D., F.A.C.P. 1100 West-49th Street Robert A.MacLean,M.C.T.—
Commissioner Austin,Texas 78756-3199 Deputy Commissioner
(512)458-7111 Professional Services
APR 1 7 1987 Hermas L.Miller
Honorable John Akin Deputy Commissioner
Mayor of Wylie Management and Administration
P.O. Box 428
Wylie, Texas 75098
Subject: Solid Waste - Collin County
City of Wylie - Permit No. 712
1.0 Mile SW of Wylie, S of SH-78
Dear Mayor Akin:
The Department has received a letter dated April 1, 1987, from Mr. I. W.
Santry, Jr. , P.E. , City Engineer, outlining the schedule for proper
closure of the subject landfill.
After a review of the closure schedule, the Department finds it
acceptable and the City may proceed to implement the site closure in
accordance with the schedule. However, the Department has information
that some drums of industrial waste were deposited at this site which may
or may not be hazardous waste. Therefore, the problem of determining if
this drum waste is leaching and if the material is hazardous must be
addressed in the groundwater monitoring program. Additionally, this
waste as encountered will require special handling during the waste
relocation operation you are proposing. Any such waste will require
special disposal and this aspect must also be addressed in your closure
plan.
If you have any questions concerning this letter or if we may be of any
assistance to you regarding solid waste management, you may contact
Mr. Phil A. Spry, P.E. , of my staff in Austin at telephone number (512)
458-7271 or you may prefer to contact Mr. Irvin Turner, P.E. , Regional
Director of Environmental and Consumer Health Protection at 2561 Matlock
Road, Arlington, Texas 76015; telephone number (817) 460-3032.
Sincerely yours,
Rocky Stevens, P.E. , Chief
4I,Surveillance and Enforcement Branch
Division of Solid Waste Management
PAS:gsr
cc: Region 5, TDH
Collin County Health Department
Wylie City Manager
I BUDGET 7E736 I
ANNUAL REPORT FOR IFEE FUND 129 1
• MIUNICIPAL SOLID WASTE FACILITIES 1 I
I. Facility and Operation Information
A. All Facilities
1. Permit/Application/Registration Number: 00712
2. Facility Type: I - Landfill •
3. Facility Operator: Not Applicable
(Name) Cu
ti
- ~ (Address) (Zip) (Phone) 8
Z
4. Facility Owner: ••City.of':Wylie i
(Name)
m
a.
P.._Q._.. Box. 428. Wyl i_e. Zens _,75098. (21_4). 44?-2236.
(Address) (Zip) (Phone)
5. Management Type: Not Applicable
Q
6. Primary Jurisdiction Served: Not ApplirOlp c y a
t •.• In
0 •-•
7. County: Collin 8. Pop./Pop. Equiv. Served: N/A '' 3 a
d x
w. x
9. Status of Operation (End of 1986) : Closed since May 1982 ro o
B. Landfills E c >• ° •,o -
10. Gross Acres: 40 11. Total Usable Acres: 32 A = E a =
12. Acres Used to Date: 10 - 13. Usable Acres Remaining: 22
14. Average Depth of Fill (in Feet) : -
15. Expected Closure Date: Closed May 1982
(Year) (Month)
II. Fee Information
A. All Facilities 0
16. Tons of Waste Received/Processed in 1986: I Tons I
17. Amount of Fee for 1986: I $100.001 Check #: 1125
Check Amount: 100.00
18. Fee Schedule Used to Calculate Fee: Base Fee Only
19. Method Used to Record Waste Received in 1986. (Circle One)
a. Weighed Vehicles/Waste b. Recorded Volume of Vehicles
c. Calculated Volume d. Estimated - Utilizing Population
ogN EY
+TE'X a5.
'SIff E. ATT(N Ems' GENERAL
OF I TEXAS
JIm M ATTOX
ATTORNEY GENERAL
April 9 , 1987
Mr. Lawrence W. Jackson
Attorney at Law
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
Re: State of Texas v. City of Wylie, Permit No. 712
Dear Mr. Jackson:
It is my understanding that your client, the City of Wylie,
has begun the process of developing a closure plan for its land-
fill site. Needless to say, my client, the Texas Department of
Health, and I are quite pleased that some concrete action in
that direction is finally taking place.
However, there remains our major concern over the location
of the paint solvent-filled barrels which we have discussed
since I took over this lawsuit. This matter can be addressed by
having the engineering company that will do the soil borings also
do monitor well sampling and testing. We would request that any
samples taken be split with the Department of Health laboratory
for analysis. As you know, it is only through testing and analysis
of the groundwater that we will be able to determine what danger,
if any, these barrels pose.
I have taken the liberty of enclosing a copy of the April 1,
1987 letter from Mr. Santry to Mr. Stevens, since it appears
that you were not sent a copy. The closure scheduled as outlined
in that letter is a tight one. It is important that we be kept
apprised by our respective clients on the progress made and the
laboratory results so that we can begin negotiating a settlement
of this case.
Since the possibility always exists that we might not be able
to settle this matter, I would like the answers to the State' s
First Set of Interrogatories by April 30, 1987.
Z12/4 4:3-2100 SUPREME CO1'RT III'ILIDI\G Ai STIN, TEXAS 78711-254S
3 C2,
Page 2.
Mr. Lawrence W. Jackson
April 9 , 1987
If you would like to discuss any of the issues which I have
raised regarding the closure plan and settlement proceedings
and the needed sampling for laboratory analysis, Mr. Rocky Stevens
and I would be willing to meet with you on April 27 or April 30.
Please call and let me know which date is more convenient for you.
Sincerely,
Socorro G. Arce
Assistant Attorney General
Environmental Protection Division
P. 0. Box 12548
Austin, Texas 78711-2548
512/463-2012
SGA/bd
cc: Rocky Stevens
Bureau of Solid Waste Management
Texas Department of Health
I. W. Santry, Jr. , P.E.
City Engineer
Gus H. Pappas, City Manager
essmarommosimarasassamorgaissmie
No. ���0?�7-c-`1 ,-------
STATE OF TEXAS, 5
IN THE DISTRICT COURT OF
Plaintiff, §
§
VS. § COLLIN COUNTY, TEXAS
CITY OF WYLIE, §
Defendant. § C27&'k`JUDICIAL DISTRICT
PLAINTIFF'S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW the State of Texas, by and through its Attorney
General, Jim Mattox, on behalf of the people of Texas and the Texas
Department of Health, an agency of the State, and for cause of
action would respectfully show the Court the following :
I . PLAINTIFF
1.1. Plaintiff, the State of Texas, is authorized to bring this
suit through its Attorney General at the request of the Texas De-
partment of Health (hereinafter known as "the Department") pursuant
to the Texas Solid Waste Disposal Act, TEX.REV.CIV.STAT.ANN. art.
4477-7 (Vernon Supp. 1986) . This suit is brought seeking to enjoin
certain unlawful acts of Defendant and to collect civil penalties
for violations of the Act and the rules and regulations promulgated
thereunder . No bond is required of the State of Texas prior to the
granting of an injunction, pursuant to TE*.RF,4'V. IVi-lST T.ANN. art.
1 k 4
4477-7 , §8 (a) (6) (Vernon Supp. 1986) . 19 di o or other
s'jun2s
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