09-08-1987 (City Council) Agenda Packet -5- 7
S'c c'
AGENDA
REGULAR CITY COUNCIL MEETING
CITY OF WYLIE, TEXAS
TUESDAY, SEPTEMBER 8 , 1987
7 :00 P.M. COMMUNITY ROOM
800 THOMAS STREET
CALL TO ORDER
INVOCATION
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
COUNCIL BUSINESS
Consent Agenda
The following items are to be considered as one item.
The Council may move, by a motion and a second, to
approve or reject all items contained within . Any
councilmember may request that an item or items be
pulled from the Consent Agenda and considered
Feparately. If such a request is made, those items
will occur in numerical order immediately following the
vote on the Consent Agenda .
1 1-16 Consider approval of minutes.
2 17-18 Consider Proclamation declaring
September 13th-17th as
Arthritis Victory Week.
3 19 Consider Proclamation declaring
September 17th-23rd as
Constitution Week.
4 20-21 Consider Resolution authorizing
City Manager to make
application and execute
agreement for grant funding
with Governor ' s Criminal
Justice Division.
5 Insert Consider approval and adoption
22-24 as City policies Administrative
Report--Work Order and
Inventory System.
6 Insert Consider approval and
22-24 submission to the Texas Water
Commission--Administrative
Report--Lift Station Inventory
and Maintenance Program.
7 25-28 Consider approval of
Construction Draw #11 in the
amount of $184 , 737 . 29 to Speed
Fab-Crete International
regarding work at the Municipal
Complex .
PUBLIC READING OF ORDINANCES/PUBLIC HEARINGS
8 29-31 Consider ordinance imposing a
warrant fee and a special
expense fee for defensive
driving courses .
ORDER OF PAGE
BUSINESS REFERENCE
9 32-33 Consider ordinance providing
for a late payment penalty for
City utility services.
NEW BUSINESS
10 34-36 Consider approval of replat of
1 acre out of the W. Penney
Survey, Abstract 696 (Steve
Anderhub Addition) .
11 37-51 Consider agreements between
City and Atchison, Topeka , and
Santa Fe Railway Company for
construction of railroad
crossing at the proposed
Westgate Shopping Center .
12 52-67 Consider contractual agreement
and application for Emergency
Number Service (911 ) between
City and General Telephone
Company of the Southwest .
13 68-69 Consider Parks and Recreation
Board recommendations .
a . Establishing a deposit for
users of City park
equipment ( i .e. volley
ball , and volleyball net . )
b. Construction and
installation of a water
fountain at the Park
Pavilion at the Community
Park.
GENERAL DISCUSSION
14 Citizen Participation
15 70 Council Discussion
UNFINISHED BUSINESS
16 See Insert Consider discussion of Lake Ray
Finholt Report Hubbard Mobile Home Park and
acceptance of applicable public
improvements ( i .e. Interior
Sanitary Sewer , Perimeter
Street and Storm Drainage) .
17 71-74 Consider discussion of
establishing City priorities
for 1988 County Bond Program.
ORDER OF PAGE
BUSINESS REFERENCE
18 75-76 Consider setting date for
Budget Workshop and Hearing.
19 77-92 Consider discussion of Lucas-
Wylie ETJ Agreement and
approval of joint resolution
between cities .
FINANCIAL CONSIDERATIONS
20 93 Consider approval of Draw #2 of
$100 ,000 .00 on working line of
credit with First State Bank.
21 Recess Open Meeting
22 Convene Executive Session under
the authority of Article 6242-
17 of V.A.C.S . , Section 2 .
(1 ) Paragraph "9"
personnel matters -
appointments of
municipal court judge
and prosecutor .
23 Reconvene Open Meeting
24 Consider any action from
Executive Session.
25 ADJOURN
CITY COUNCIL MEETING
MINUTES
AUGUST 25, 1987
7: 00 P. M.
The Wylie City Council met in regular session on Tuesday,
August 25 , 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, Marvin Blakey, John Akin, Chris
DiTota , and Kent Crane, Acting City Manager James Johnson,
City Secretary Carolyn Jones , Acting Public Works Director
Don White, Ron Homeyer of the Engineering Department , Chief
Abbott , and City Attorney Robert Dillard .
Mayor Trimble called the meeting to order and Councilman
Akin gave the invocation .
CONSENT AGENDA
APPROVAL OF MINUTES, NAMING 4TH BASEBALL FIELD "RUDY ROWELL
FIELD" , MEMORIAL PLAQUE AT RUDY ROWELL FIELD, ACCEPTANCE OF
SANITARY SEWER EASEMENT FROM MYRAN CORPORATION,
REIMBURSEMENT OF OVERSIZING FOR RUSH CREEK SEWER LINE
EXTENSION TO SPENCE CONSTRUCTION FOR $2 ,651 .60 : Mayor
Trimble stated the items on the consent agenda can be
considered as one item or if a Council member wants , an item
can be pulled out and considered separately.
Motion was made by Councilman Westerhof to approve all items
on the consent agenda . Seconded by Mayor Pro Tem Donovan .
Councilman DiTota wanted to know if staff approves of the
sewer line that was installed prior to the reimbursement
being made. City Manager James Johnson said yes , that staff
had inspected this line and does approve.
Councilman Crane wanted to know if the memorial plaque that
was being considered was bronze like the other hanging in
the concession building . City Manager James Johnson said
yes . •
Councilman Akin said it was an honor to see this plaque
being done .
Mayor Trimble called for a vote being there was no other
questions or discussion. 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 ,
and Councilman Blakey - in favor. This motion carried with
all in favor .
ORDINANCE IMPOSING THE ADDITIONAL PENALTY ESTABLISHED IN
SECTION 33 .07 OF THE TEXAS PROPERTY TAX CODE UPON DELINQUENT
TAXES: City Manager James Johnson stated that this item was
before the council at the request of the tax attorney and
the city attorney. This ordinance covers the 15% fee for
attorneys when collecting delinquent taxes . Motion was made
by Councilman Akin to approve the ordinance imposing the
additional penalty established in Section 33 .07 of the Texas
Property Tax Code. Seconded by Councilman Westerhof . The
vote was as follows : Mayor Trimble - in favor , Mayor Pro
Tem Donovan - in favor, Councilman Westerhof - in favor ,
Councilman DiTota - in favor , Councilman Crane - in favor ,
and Councilman Blakey - in favor . This motion carried with
all in favor .
ORDINANCE PROHIBITING PARKING ON J . W. AKIN LANE BETWEEN
MASTERS AND STONE ROAD: This ordinance is before the
Council to comply with the motion on granting the Planned
Development at the last meeting . The Council wanted to
insure that no one would park on Akin Lane after the new
Funeral Home was built . Motion was made by Councilman
Westerhof to approve the no parking ordinance for J . W. Akin
Lane between Masters and Stone Road . 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 , and Councilman
Blakey - in favor . This motion carried with all in favor .
CITIZEN PARTICIPATION: Mayor Trimble stated that anyone
wishing to speak may come forward, please state your name
and address and keep your comments to within two minute.
At this time there was no one who came forward .
COUNCIL DISCUSSION: Mayor Pro Tem Donovan wanted to know
where the staff was on getting the truck ordinance
completed. City Manager James Johnson said it was with Mr .
Jackson, and that he would contact Mr . Jackson this week.
Mayor Pro Tem Donovan wanted to know where the discrepancy
was with the Lucus/Wylie boundary agreement . City Manager
James Johnson said he can not find one, it will go on the
next agenda . `
City Manager James Johnson said he needed some direction
from the Council on the rate study so he can complete the
Utility Fund Budget .
Councilman DiTota wanted to be brought up to date on the
gasoline spill at the new city complex . City Manager James
Johnson said a contractor cut through a gasoline line and
that the gas run in the sewer pipe to the new complex . The
gasoline dealer was there immediately and at the advice of
the Fire Marshal Lester Gayler , the clean up of this was
turned over to the dealer . Since they have more knowledge
of this and the equipment to do the clean up. Acting Public
Works Director Don White said that Austin Paving has
contacted him and there should be no problem with the sewer
line and Austin Paving is sending a letter stating this .
Councilman Akin wanted to know if the contractors came in to
see if there were any lines that needed to be located on
projects prior to their beginning work. Code Enforcement
Officer Roy Faires said yes , and these lines where on the
plan and had been located .
Councilman Westerhof wanted to know if on the next agenda
there could be an ordinance to imply a penalty on the
utility bills for late payment .
Councilman Akin stated that on Highway 78 and FM 544 (Kirby
ST. ) the traffic is using the shoulder of the road and
causing near miss accidents . Our police staff does not have
an ordinance that will let them enforce this area . Mr . Lee
of the Highway Department has stated that he will put up
signs prohibiting driving on the shoulders , but Council does
need to pass the ordinance stating it is unlawful to use the
shoulder . Councilman Akin stated that the budget process
was about two months behind, where are we at in staring work
sessions . City Manager James Johnson stated that the
General Fund was ready to be presented to Council .
Councilman Akin than stated that he did not see the revised
budget to justify the $200 ,000 . 00 . City Manager James
Johnson said the budget was never revised , but that he had
presented to the Council an audit from the City Auditors
showing the shortfall for this year . Councilman Akin wanted
to know if there had been a time set on the opening of the
new City Complex . City Manager James Johnson said should be
in October , but this depends on the utilities. Mr . Faires
stated that the contractors are laying the carpet and tile
and the final walk through should be in about six (6) weeks .
Mayor Trimble said the Texas Ag . Extension Service is having
several work shops if anyone is interested . Also notice of
a public hearing of Central Appraisal District of Collin
County on August 27, 1987 for the proposed 1988 budget .
Mayor Trimble also stated that he has received an invitation
to a luncheon with Collin County Mayors , City Councils and
City Managers with the Collin County representatives and Mr .
Arnold Oliver with the Texas Highway Department . Also the
Memorial for Veterans of Texas has sent us a book and if
anyone wants to look into this , they may get this book from
me.
ACCEPTANCE OF APPLICABLE PUBLIC IMPROVEMENTS FOR LAKE RAY
HUBBARD MOBILE HOME PARK: City Manager James Johnson said
that Council should have received the last letter that was
to Mr . Finholt , as I see it there are several problems to be
resolved . The most important is water - fire protection,
and sewer . The orders the City has received from the Texas
Water Commission has said we can not furnish water to this
area that it has to come from East Fork Water Supply. City
Manager James Johnson also stated that there are some fees
that have to be paid , Council may choose to apply some of
the monies spent for the water line against some of the fees
that are due, but only Council can make that decision .
Councilman DiTota said he has a concern of the streets being
taken over by the City as Mr . Finholt wants . City Manager
James Johnson said the City' s Mobile Home Park Ordinance
says the City will not accept these streets . Councilman
DiTota said he is not understanding why we are talking about
pumping sewer when our Ordinance says the developer will put
in these lines . The past City Manager has said in the
minutes that Mr . Finholt is required to do all these.
Mr . Stan Knight , Attorney, representing Mr . Finholt , said
first on the streets , it was Mr . Finholt' s intention to
have these as private streets . Second the water service has
to come from East Fork Water supply. The Texas Water
Commission has already said that . The water problem has
been resolved and East Fork will be serving water . Mr .
Dillard said the agreement was we would abide by the
jurisdictions of the water systems . Third , the sewer
service - this development will take some time to fill up
and we intend to have the force main installed and the line
in within the next thirty (30) days . Mr . Finholt has
contacted an individual to pump what sewerage that collects
and we will bare this expense. Mr . Knight stated that Mr .
Johnson said the City could not pump, but Texas Water
Commission has sent you a letter stating you can pump up to
9 ,000 gallons per day.
Councilman DiTota said how can we do this when Texas Water
Commission said not to haul more than 2,000 ft. This is 2 .2
miles , how can we do this .
Mayor Pro Tem Donovan said how long will it take you to move
in these trailers , at Southfork they were in over night .
City Manager James Johnson said they come in faster than
estimated .
Mr . Knight said they were estimating the sewer line to be in
within 90 days . Mayor Trimble wanted to know what happens
if you do not get the lines in . City Manager James Johnson
said for Council to consider that the Texas Water Commission
has said to stop pumping and there is an enforcement order ,
the City must keep their agreement with the State .
Councilman DiTota said he did not understand why the sewer
lines are not in, in the minutes , the past City Manager said
that the developer has to put in these lines . Mayor Trimble
said the responsibility is clearly on the developer to
install all water and sewer lines .
Councilman Crane said the past City Manager has stated that
it was his opinion to put in the main trunk line down Muddy
Creek, but this was his opinion and was not said to be
policy.
Mr . Knight said they were willing to set a limit on the
number of mobile homes that would be brought in . Mayor
Trimble said it was calculated to be only 11 mobile homes
that could come in under the pumping order .
Councilman DiTota wanted to know what was going to happen if
there was a spill . Mr . Knight said the hauler and developer
would be responsibility. Mr . Knight said they were willing
to limit the number of mobile homes to fifty (50) .
Mr . Knight said that certain water pressures are to be
supplied in order to comply with the City of Wylie
Ordinances . We can only give you the pressure that East
Fork gives us. Mr . Knight said that the on-site drainage
ditch has been properly installed . There is a problem with
Mr . Allard on the off-site drainage. Mr . Knight stated that
the maintenance bond had been given to Mr . Homeyer .
City Manager James Johnson said he does not concur with not
collecting the fees , to defer these fees would put us
against the City Ordinances . There are license fees that
need to be paid. Mr . Knight said the Lift Station District
Fees should not be paid until the lines are connected .
Councilman DiTota wanted to know if council considered the
50 units , or 11 units , what would be the City' s protection
to get the sewer lines in . Who knows but this company may
file bankruptcy prior to getting the lines in, then what .
Councilman Westerhof said if he moves in more mobile homes
than what he was given permission to, what could we do for
recourse . Mr . Dillard said not to pump sewer from anything
but the set number of mobile homes . Councilman Crane wanted
to know if the security on the performance bond would cover
the bankruptcy. Mr . Dillard said he was not for sure, he
would have to check. Mr . Faires said the City would be
assured of only the number of mobile homes that Council
granted through the release for power .
Mr . Knight said the City has had us put in this water line
that is now useless . Mr . Dillard said it goes right in
front of the East Fork Water tank and will not be useless .
Mr . Dillard said the first thing for Mr . Finholt to do is to
get the water from East Fork Water Supply and then check to
see if they will have the pressure needed for the fire
hydrants . Second , if they can get Texas Water Commission
and the Texas Department of Health to give them permission
to pump and haul this sewer by private hauler than the City
has to accept it .
Mr . Jimmy Hall , Attorney, said he has talked with TWC about
this and the enforcement order from TWC. Also the City
received a letter from Texas Department of Health about the
pumping . Mr . Hall has written to see if Wylie could
continue to pump and haul . TWC is telling us the City can
continue to pump and haul if the City stays within their
orders . Mr . Hall said he does not think the 9 ,000 gallons
can be enforced .
Councilman DiTota says this developer has said he knows it
is his responsibility to put in the sewer lines and yet we
are going to allow him to pump and haul , maybe have a spill
and then the City will be fined by TWC. I cannot go to the
citizens and ask for a tax increase and let this subdivision
come on line like this , with a possibility of a spill and
the citizens be faced with a fine . City Manager James
Johnson said this will be mastered metered and the City will
have no controll over the sewer .
Councilman Westerhof stated that he was looking at some
communication from Texas Department of Health and there were
seven different stipulations given to the City of Wylie in
order for us to comply with this pumping . The fifth stated
that no sewer will be stored in the lines . You have just
stated that the sewer will be stored in the lines prior to
the pumping. Mr . Hall said this was just an example, it was
not their intention to store the sewer . Councilman
Westerhof said how many examples are we going to get .
Everything is here that you were to do and you keep saying
we will do it after we open. Now this and it is the City' s
responsibility to answer to the Texas Department of Health .
The Council as laymen, represent the City of Wylie , we have
to watch everything we do . We are in a mess as it is and
are trying very hard to do the best we can with it. We are
not giving Mr . Finholt a bad time, but the City has received
the letter that says do this , don' t do this . This is what
we are going by and we can not work around the State. I am
geting frustrated with it. Councilman Westerhof asked Mr .
Hall what do you thank the chances are that TWC will go
along with this . Mr . Hall said as long as we show no
spills , they will approve this .
Mayor Pro Tem Donovan said the Council is saying that there
are so many variables , that you need to get TWC to agree to .
The Council just does not see the State doing this as easy
as you say, we have been up to the State and talked with
them on several occasions . Why do this , when you are going
to put in the line. Mr . Hall stated that it was on their
shoulders to work out these details with the State.
City Manager James Johnson ask Mr . Homeyer about the
easements on FM544. Mr . Homeyer said there is a problem
because of water already being there and the State does have
requirements about how far apart water and sewer lines have
to be .
Mr . Finholt stated that the past city manager has said the
sewer line would come up Cottonwood Creek, if I had been
told that the sewer line had to come down FM544 , it would
already be in.
Councilman Blakey said Mr. Finholt you stated if you had
known then the sewer line would come down FM544 , it would be
in, if Council had known TWC was going to impose these
orders that they have, we would have made other arrangements
to .
Councilman Crane said that the Council has been in Austin
with the Texas Water Commission and was given verbal
authorization to continue the pumping , yet a few weeks later
received this letter that said no more pumping .
Mayor Pro Tem Donovan said our citizens are going to be
caught because we have to raise our taxes and water/sewer
rates and we do not want to do that , but we are getting our
orders from TWC and they are saying to raise these rates in
order to make these improvements .
Mr . Finholt said he does not believe the Council is being
fair to him, I need to open this park in the morning .
Mayor Trimble said if Mr . Hall can get these requirements
and hold the number of mobile homes to fifty (50 ) , will
Council be willing to go ahead. Councilman Crane said we
needed to address what type of protection we have over
bankruptcy. Councilman Crane said he would like legal
opinion on this .
Motion was made by Councilman Akin to have the City Attorney
meet with the attorneys for Mr . Finholt and staff and get
back with recommendations for council action.
Councilman DiTota said to state specifically what the State
will do . Mr . Knight asked for this to be tabled until
September 8th meeting . City Manager James Johnson wanted to
know if the water line would be connected by then . Mr .
Finholt said it would be.
Councilman Crane wanted to know how the holding tank would
be monitored .
Councilman Akin revised his motion to table this item until
the next 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, and Councilman Blakey -
in favor . This motion carried with all in favor .
APPROVAL OF EUBANKS LANE SANITARY SEWER LINE EXTENSION
CONTRACT: City Manager James Johnson said the contract for
this sewer line has not been completed as yet . City Manager
James Johnson wanted to know if Council would go ahead and
give Mr. Cook the authority to begin this line . Mr . Cook
said the only problem was that when the job was completed,
he did not want the payment to get drug out . Mr . Cook
said the contract had been let and the contractors are
proceeding , also , is there anyway I can put in the 12 " water
line and some of the fees of this development be used
against this cost . City Manager James Johnson said the
impact fund has been committed . Motion was made by
Councilman Crane to authorize the City Attorney to draw up a
contract to reflect the City to pay the balance from the
$69,930 .00 after Mr . Cook' s pays $34 ,000 .00 . Seconded by
Councilman Westerhof . 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 ,
and Councilman Blakey - in favor . This motion carried with
all in favor .
AWARD OF TELEPHONE EQUIPMENT BID FOR THE NEW MUNICIPAL
COMPLEX: There were 8 bid letters mailed out and six bid
packets pick up. There were two bids received , one from GTE
and the other from Southwestern Telecom. Staff recommends
to the Council for this item to be tabled until September 8 ,
1987 , as there are some questions on GTE ' s bid and Mr .
Dillard has been asked for his opinion . Motion was made by
Mayor Pro Tem Donovan to table this item until September 8 ,
1987 . Seconded by Councilman Westerhof . 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 , and Councilman Blakey - in favor . This motion
carried with all in favor .
APPROVAL OF CONSTRUCTION DRAW #10 TO SPEED FAB-CRETE: This
construction draw is in the amount of $50 ,014 .35 and is for
the work at the new Municipal Complex . Councilman Akin
wanted to know how much of a retainer we were holding . City
Manager James Johnson said 10% . Staff recommends approval
of this draw in the amount of $50 ,014 .35 . Motion was made
by Councilman Akin to approve draw #10 in the amount of
$50 ,014 .35 . Seconded by Councilman Westerhof . 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 , and Councilman Blakey - in favor . This motion
carried with all in favor .
Mayor Trimble recessed the opening meeting and convened
Council into Executive Session at 9: 40 P .M. under the
authority of Article 6252-17 of V.A.C.S . , Section 2
paragraph "e" legal consultation between City Attorney and
Governmental Body in regards to State Agency Requirements
Wastewater System, and paragraph "g" personnel matters -
Municipal Court .
Mayor Trimble reconvened the open meeting at 10 : 45 P.M. and
stated that there was no action to be taken from the
executive session .
Motion was made to adjourn with all in favor .
Chuck Trimble, Mayor
ATTEST:
Carolyn Jones, City Secretary
7
PLANNING AND ZONING COMMISSION
MEETING - MINUTES
7 : 00 P. M.
SEPTEMBER 3, 1987
The City of Wylie Planning and Zoning Commission met in
regular session on Thursday, September 3 , 1987 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 Vice Chairman Ben Scholz, Bob
Skipwith, Bart Peddicord, Marty Stovall , Cecilia Wood , Code
Enforcement Officer Roy Faires , Karen Blythe, Secretary, and
Candi White, Secretary. Chairman Brian Chaney and Mr . R.P .
Miller were absent .
CONSIDER APPROVAL OF MINUTES: The minutes submitted for
approval were for the August 6 , 1987 meeting . Mr. Peddicord
explained that the typing errors in the minutes could
sometimes possibly reflect something different than what was
meant in the discussion. He went on to point out several
typing errors . Ms . Wood corrected her statement in regard
to the water supply at Beaver Creek, stating that the
minutes reflected that she asked Mr . Cook if he was aware
that some of the people in Beaver Creek were not satisfied
with their water supply, when she actually was just asking
Mr . Cook if he was aware if any of the people in Beaver
Creek were unsatisfied with their water supply. Mr .
Peddicord state that in one paragraph, Mr. Faires was
referring to Mr . Cook' s subdivision , but the minutes sounded
like Mr . Faires was referring to his own subdivision, rather
than Mr . Cook' s. A motion was made by Mr . Skipwith to
approve the minutes with the noted corrections . The motion
was seconded by Mr . Stovall . This motion carried with all
in favor .
CONSIDER RECOMMENDATION TO CITY COUNCIL FOR THE REPLAT OF 1
ACRE OUT OF THE W. PENNEY SURVEY, ABSTRACT 696 (STEVE
ANDERHUB ADDITION) : Mr. Faires , Code Enforcement Officer ,
explained that this is a very simple subdivision, where a
grandfather has given one acre out of his 23 acres to his
grandson on which to build a house. Mr . Faires also
explained that there is water and sewer on the property,
along with a septic tank which is used by a mobile home park
on the property. Mr . Faires said the only question
remaining to be answered is the perimeter street fee, which
Mr . Anderhub has requested that the Planning & Zoning
Commission recommend to the Council be adjusted to be
applied to the entire tract . Mr . Faires also explained that
under the subdivision regulations , the subdivision is
required to pay perimeter street fees upon filing of the
plat . Due to the unusual circumstances , Mr . Anderhub feels
that the fee is extensive. Ms . Wood asked if Kinsington
Manor , the subdivision across the street from this property,
had to pay perimeter street fees . Mr . Faires replied that
they did not , as the City had not passed the perimeter
street ordinance when Kinsington Manor was developed . Mr .
Faires explained that every subdivision has to pay street
fees , even if it is located on a state highway. Mr .
Anderhub stated that the reason he objects to paying the
fees is because the property had just recently been forced
annexed and that he had already made plans to build on this
property prior to annexation. Mr . Anderhub explained that
according to the dictionary, a subdivision is the dividing
into small portions of land and usually for sale, and here
we just have a parcel of land divided out . Mr . Anderhub
also stated that there was no sale involved, but that his
grandfather had deeded this land to him, and the reason the
land changed names , was that he understood that this must be
done before the land could be submitted for a replat . He
also explained that the property would still be Ag use, and
there would be no Planned Development . Mr . Anderhub also
stated that Parker Rd . at one time was only a whiterock road
and when it was widened , straightened out , and resurfaced ,
that about 3 1/2 acres of this property was utilized to do
so . He feels that the road has been a benefit to the area
and the people of Wylie, and feels that the perimeter street
fees should be waived , since land has already been donated
for the existing road .
Ms . Wood asked when the property was deeded to Mr . Anderhub.
Mr . Anderhub said it was done just recently, after the
annexation, but that he was already planning to build , when
the land was annexed, and decided to hold off to see how the
annexation was going to go .
Ms . Wood also asked if Mr . Anderhub knew the right-of-way
width that was given from the property. Mr. Faires, Code
Enforcement Officer explained that according to the
submitted plat , there is a 100 foot right-of-way. Mr .
Faires also wanted to clarify that State Law defines a
subdivision as any piece of property which is divided into
two or more pieces , whether it is for sale or development .
Mr . Stovall asked how long Mr . Anderhub' s grandfather has
owned the property and again if 3 1/2 acres was cut off for
the existing road, and if so, was his grandfather paid for
the property. Mr . Anderhub stated that his grandfather has
owned the property for about 30 or 40 years and that 3 1/2
acres was used for the road , and that his grandfather was
not paid for the 3 1/2 acres , and that he did not ask for
any payment .
Mr . Peddicord asked that since the fee has been set in the
subdivision ordinance, if the Planning and Zoning Commission
recommended that the fee be waived , wouldn ' t the Commission
be setting a precedent for cases like this in the future.
Mr . Faires , Code Enforcement Officer , explained that this is
a very unique situation and that the Planning and Zoning
Commission would not be making the decision , but only a
recommendation to the Council , who has the option of waiving
the fee. Mr . Faires also stated that because this situation
is so unique, it is very unlikely that it would occur again
in the future .
Mr . Peddicord asked how the fee was figured . Mr . Faires
explained that according to the ordinance, it was figured
that one lane is 11 foot wide, x 220 x the length of the
lot .
All the Board members agreed that since Mr . Anderhub' s
family had donated part of the property for a road , had
given an easement for water and sewer years ago , and had
been forced annexed , that in order to do what is fair and
just , the recommendation should be made to waive the fee.
Mr . Stovall made a motion to approve the final plat and to
recommend that the Council waive the perimeter street fee .
Mr . Skipwith seconded the motion. The motion carried with
all in favor .
CONSIDER RECOMMENDATION TO CITY COUNCIL FOR THE PRELIMINARY
PLAT OF 22 .0186 ACRES OUT OF THE D. W. WILLIAMS SURVEY,
ABSTRACT NO. 1021 COMMONLY KNOWN AS BIRMINGHAM FARM TRACT
16 : Mr . Faires , Code Enforcement Officer , explained that
this piece of property is zoned Duplex (2F) by a previous
board and council , and that this submittal does comply with
zoning regulations and that Staff could only recommend that
it be approved . Mr . Faires also stated , however, that he
would like to make it a matter of official record that the
developer has been informed that we, on staff, have found
9
duplex lots an unmarketable commodity. Therefore, the
developer is developing duplex lots as duplex lots and the
fact that he will have to put in extra water taps and extra
sewer taps because of the duplex configuration,and should
this prove a hardship in the future , will prove to be a self
imposed hardship .
Mr . Kindred , who was respresenting the owners of the
property, Mortgage Investments Co . , stated that this
subdivision in its entirety consists of 658 acres and the
existing City of Wylie, as far as the developed land is
approximately the same size as the Birmingham Farms tract .
Mr . Kindred also explained that when the Birmingham Farms
tract was zoned, it was not done so with the idea that the
entire subdivision would be developed immediately, but over
a long period of time. Mr . Kindred feels that Mr . Faires '
statement that the duplexes are an unmarketable commodity,
was a judgment call , and that the builder who was looking at
the duplex lots in the Birmingham Farms tract , builds a very
nice duplex and has been very successful .
Mr . Stovall asked what the reason was for duplexes instead
of single family homes . Mr . Kindred stated that the
Birmingham Farms is a master plan community, where they have
taken a large acreage and zoned it into categories that over
a period of time would make sense in terms of proportion.
Mr . Faires explained that the Board could not do anything
about the zoning, as it had already been zoned previously,
and that according to state law the Board had a duty to
recommend approval of the plat , but wanted to impress on the
developer that he is developing duplexes and that he should
have little hope of having anything other than duplexes or
85 foot SF3 lots .
Mr . Peddicord asked Mr . Kindred where the access would be to
the property. Mr. Kindred stated that it would be from
Allanis and will go through the SF3 zoned part of the
property. Mr . Kindred also explained that there would be an
entry with brick monuments . Mr . Kindred stated that there
would be a lake and a park and that the donation of the lake
and park to the City has always been contemplated and
recommended throughout the process. He explained again that
this is a master plan community and that the City is used to
seeing pieces of land being developed here. Mr. Kindred
stated that this is a for sale subdivision and doesn' t
comtemplate it as a rental subdivision, as this is a first
class master plan community which will take 5 to 8 years to
be complete and will not be one in which there will be a
duplex here and a duplex there.
Mr . Peddicord made a motion to recommend approval of the
preliminary plat . The motion was seconded by Mr . Skipwith.
The motion carried with all in favor .
ADJOURN: There being no other business , a motion was made
by Ms . Wood to adjourn . The motion was seconded by Mr .
Skipwith. The motion carried with all in favor .
Brian Chaney, Chairman
Respectfully submitted,
Candi White, Secretary
/ v
PARKS AND RECREATION BOARD
MEETING - MINUTES
7 : 00 P. M.
SEPTEMBER 1, 1987
The City of Wylie Parks and Recreation Board met in regular
session on Tuesday, September 1, 1987 at 7 : 00 P .M. in the
Community Room. A quorum was present and notice of the
meeting had been posted in a time and manner required by
law. Those present were Chairman John Morgan , Peggy Sewell ,
Joanie Zeeb, D.F. Whitlow, John Smyder , Don White, Acting
Director of Public Works , Candi White, Secretary, and James
Johnson, Acting City Manager arriving late. Willie Benitez
and Larry Nickell were absent .
Chairman Morgan called the meeting to order .
CONSIDER APPROVAL OF MINUTES: The minutes submitted for
approval were for the August 4 , 1987 meeting . Ms . Sewell
asked that the spelling of Tibbal be corrected in the
minutes . A motion was made by Ms . Sewell to approve the
minutes with the noted correction. Ms . Zeeb seconded the
motion. The motion carried with all in favor .
CONSIDER ELECTION OF VICE CHAIRMAN: Ms . Sewell made a
motion that Willie Benitez be elected Vice Chairman by
acclamation . Mr . Smyder seconded the motion . The motion
carried with all in favor .
DISCUSSION AND REVIEW OF PARK MASTER PLAN: Mr . Smyder asked
if the master plan included maintenance or if it was
proposed in addition to maintenance. Chairman Morgan and
Mr . White stated that it is in addition to the maintenance.
Mr . Whitlow asked how the master plan was put together.
Chairman Morgan explained that the City Manager and the Park
and Recreation Board discussed the things they felt would be
needed by the time the City reached maximum population,
which he believes to be 170 ,000 through year 2000 . At that
point they put a priority on each item on a one to ten
scale. Chairman Morgan also explained that any time there
was a question on the master plan that he or Ms . Sewell
would probably remember how it was put together . Mr .
Whitlow asked when the master plan was put together .
Chairman Morgan said they worked on it for approximately six
or seven months and that it started in 1986 . Chairman
Morgan pointed out a map of the master plan and explained
that nearly everything in green on the map is either
committed or should be committed soon, as parks property.
Chairman Morgan also explained that the area around the
cotton gin could be jogging trails and below it would be
picnic area , but most of what is seen on the map could not
be used as a sports complex of any type, because it is flood
plane or an area underneath the big power lines . Chairman
Morgan went on to explain that where the Sanden plant is
going to be, he believes that the plan is to develop on that
property a 30 acre park site, mainly for their employees to
enjoy, but that it will be a joint effort of the Park and
Recreation Board , the City, and Sanden' s management , and
that there could possibly be an area for some sports there,
but other than that there really is nothing at this time .
Mr . White, Director of Public Works , explained that there
would be another area , where Springcreek Parkway joins the
area east of the new Municipal Complex , that Mr . Cook is
going to propose to the Planning and Zoning Commission to
donate portions of the flood plane to the parks , if the
engineers can design it to drain the water, and that the
area would be a beautiful soccer field .
1/
Mr . Whitlow asked if the number of 60 baseball diamonds is
comparable to Garland who ' s population is about 175 ,000 .
Chairman Morgan explained that it is close, but he has not
been able to get an actual number from Garland . Mr . Whitlow
felt like 60 baseball fields seemed like an awful lot. Mr .
Smyder added that Garland has several baseball fields that
are not being utilized and that the board might keep that in
mind if they are going to use Garland as a guide . Chairman
Morgan explained that anything in the master plan can be
changed and that it is not etched in stone . Ms . Sewell
added that it is much easier to change it down rather than
to change it up .
CONSIDER RECOMMENDATION TO CITY COUNCIL FOR A WATER FOUNTAIN
AT THE PARK PAVILION: Chairman Morgan explained that this
is the covered pavilion at the park where the picnic tables
are, and that the water has been stubbed out on that side of
the road and is already in place. Chairman Morgan said to
build a stainless steel fountain without the stone, it would
cost approximately $150 .00 to $175 .00 . He also said there
had been complaints about the fact that there is no water or
restrooms by the pavilion , but that restrooms would be a
little expensive to build . Chairman Morgan told the board
that they could recommend to the Council that they put a
fountain at the pavilion, and asked Mr . White, Director of
Public Works , if he could have a price for the Council
before that meeting . Mi. White said that he could get
prices together and that it could be presented to the
Council . A motion was made by Ms . Zeeb to recommend to the
Council that a water fountain be put at the park pavilion .
The motion was seconded by Ms . Sewell . The motion carried
with all in favor .
CONSIDER RECOMMENDATION TO CITY COUNCIL FOR PLACING SIGNS AT
THE ENTRANCE TO THE BALL FIELDS PROHIBITING BICYCLES,
SKATEBOARDS , VEHICLES: Chairman Morgan stated that we
already have in the City Ordinance and at the park entrance,
a sign prohibiting wheeled vehicles , but he has seen an 80
year old woman almost be knocked over by someone on a
skateboard, and the bicycles coming in and out on the
sidewalk could be dangerous as well .
Mr . Smyder questioned the effectiveness of another sign,
when we are having trouble enforcing the sign at the
entrance. Chairman Morgan stated that the sign at the
entrance doesn ' t specify skateboards and bicycles . Ms . Zeeb
suggested that the board recommend that the police go to the
park a couple of times so that word would get around in a
hurry. Chairman Morgan felt that the police have bigger
problem areas than the park, and that anyone associated with
Wylie Sports Association or anyone who was using the
facility, could ask parents to have the children remove the
bicycles .
Ms . Sewell asked how many signs would be needed . Chairman
Morgan said two signs would be needed and that he felt one
should be placed by the pavilion and one midway in the
parking lot , where people walk the most .
Mr . Whitlow asked if the signs were put up, where would the
children put their bicycles . He also felt like a problem
with bicycle theft might arise if there is not a good place
to put bicycles . Chairman Morgan suggested that this item
be tabled until the next meeting and add a bicycle rack to
the recommendation. Ms . Sewell felt like a bicycle rack
might give people an incentive to keep their bikes off the
fields . Ms . Sewell also stated that the board could go
ahead and make a recommendation to the Council to get the
signs and then get cost estimates for the bicycle rack for
the next meeting .
A motion was made by Ms . Sewell to recommend placing signs
at the park prohibiting bicycles , skateboards , and vehicles .
Ms. Zeeb seconded the motion . The motion carried with all
in favor .
CONSIDER RECOMMENDATION TO PLANNING AND ZONING COMMISSION TO
AMEND THE SUBDIVISION ORDINANCE TO REQUIRE BUILDERS AND
DEVELOPERS TO LANDSCAPE: Ms . Zeeb handed out ordinances
from various cities , including Piano, Richardson, Dallas ,
Boulder , Colorado, and a small town in North Carolina . Ms .
Zeeb stated that she took these ordinances to Roy Faires ,
Code Enforcement Officer for the City, and he said that the
City doesn' t have the personnel to administer this kind of
ordinance. Ms . Zeeb stated that she then took the
ordinances to Mayor Trimble, who told her to go ahead and
present it, as we can' t decide what the City is going to be
by the personnel that we have now. Chairman Morgan stated
that the board could recommend that the Planning and Zoning
Commission adopt this ordinance, but that he would like to
have time to read and absorb the information. Mr . Whitlow
stated that it looks as though the ordinance was well put
together and that he would like to see much more natural
terrain in Wylie than what he sees in Garland and Plano , and
that it would be better to start now while Wylie is still
small . Mr . Smyder asked if this ordinance specifies
anywhere that this is for commercial property. Ms . Zeeb
said that he could find that information on page two and
that it does apply for commercial property. This item was
tabled until next meetings agenda .
CONSIDER RECOMMENDATION TO CITY COUNCIL TO BOMAG A ROAD FROM
THE CORNER OF THE PARKING LOT AROUND THE BALL FIELDS TO THE
BACK SIDE OF THE CONCESSION BUILDING: Chairman Morgan
explained that the approximate cost was on page 6 in the
packet . Mr . White, Director of Public Works , stated that
the figure on page 6 is a wrong figure and should be
$2800 .00 for asphalt instead of $28 ,000 .00 . Ms . Sewell
asked Mr . White if it was $4786 . 00 to prepare the soil with
the bomag and $2800 .00 to do the asphalt . Mr . White said
that was correct . Chairman Morgan stated that the $4700 .00
could put to better use than for a road to the concession
stand, as when it is dry a truck can still get in and out
even as it is at this time. Ms . Sewell asked if a coke
truck would still be able to get in and out to make
deliveries and if they would still have to drive on the
concrete sidewalk, as she was concerned about the possiblity
of the concrete breaking . Chairman Morgan said that a coke
truck could get in and out and would have to drive partially
on the concrete, and that since Mr . White has been on
staff , is now having the sprinkler heads staked , so that
the truck doesn' t run over the heads . Mr . White explained
that the concrete might would last for awhile, and that it
would just depend on how the truck was driving on the
concrete, and that if it was wet , there would be more
tendancy that the concrete would give. Mr . Smyder expressed
the fact that he didn' t understand why it was necessary for
a coke truck to drive to the concession stand to make
deliveries , when he has a cart that he can use to deliver
the drinks , as they do at other places where they make
deliveries . Chairman Morgan said that they could have the
coke delivered on carts also . Ms . Sewell asked who else
needs to drive on the fields besides the coke man. Chairman
Morgan explained that a pickup has to be on the fields
everyday to drag the baseball fields before every game,
during the baseball season , and that every spring
approximately 20 loads of clay are delivered and distributed
among the fields , and a dump truck delivers the clay. The
board agreed that the $4700 . 00 could be put to better use
elsewhere and no motion was made .
CONSIDER RECOMMENDATION TO CITY COUNCIL FOR A DEPOSIT FROM
USERS OF THE EQUIPMENT IN THE PARK ( i .e. VOLLEYBALL NET,
/3
BASKETBALL NET) : Chairman Morgan explained that this item
was on the agenda , as the City had bought a very expensive,
metal volleyball net, and someone borrowed it and never
returned it , and at this time the City doesn' t have a
volleyball net. Mr . White, Director of Public Works ,
suggested that when someone comes to the public works
department to reserve the pavilion, that if they want to use
a volleyball net , that a deposit for the net also be
required until the net was returned. He also felt that the
deposit should at least be enough to purchase another net ,
should someone not return it . Chairman Morgan expressed his
concern about the procedures of holding a deposit , and felt
that it would be better to hold that check, and give the
same check back, rather than depositing the check and then
having the City write another check as a return on the
deposit . Mr . White said he would speak to Mr. Johnson about
this type procedure. Ms . Sewell felt that there should be a
time limit on how long the net could be out at one time.
Ms . Zeeb agreed with Ms . Sewell , as there might be someone
else who would want to use the net when it was still checked
out .
Ms . Sewell made a motion to recommend that a deposit be
charged for the use of the volleyball nets, equivalent to
the cost of the net . The motion was seconded by Ms . Zeeb.
The motion carried with a 3 to 2 vote.
CONSIDER RECOMMENDATION TO CITY COUNCIL FOR THE PURCHASE OF
TWO VOLLEYBALLS AND TWO VOLLEYBALL NETS: Mr . Whitlow asked
if there was any other type of sign in sign out equipement
in the City. Mr . White explained that there are, such as
hydro meters , where a deposit is required for a builder to
use the meter to attach to fire hydrants . Mr . Whitlow also
felt like the ideal situation would be to have some kind of
building located at the park where an employee could check
equipment in and out . Ms . Sewell stated that hopefully we
will have a Parks and Recreation Director budgeted in the
future . Mr . Smyder pointed out that we need to remember
that in the City, we haven' t ever had a facility at the
parks , and therefore nobody would know the difference in
having to go to the public works department to check out
equipment . He also added that as the City grows , the plan
could be modified. Ms . Zeeb said that she would like to see
a permanent net put back up at some point , so that those
people who have their own ball could bring it to the park,
rather than having to check out a net . Chairman Morgan
suggested that until the City can implement these other
suggestions , that the board recommend to the Council that
the City buy two cheaper volleyballs and nets , and budget a
permanent net for next year . Mr . Smyder made a motion to
recommend the purchase of two volleyballs and nets. The
motion was seconded by Mr . Whitlow. The motion carried with
all in favor .
CONSIDER RECOMMENDATION TO CITY COUNCIL FOR A BASKETBALL
COURT: Chairman Morgan stated that the best place for a
basketball court is just north of the pavilion between the
playground and pavilion, and that using the bomag machine to
prepare the site and contract out the asphalt or concrete
slab would cost aproximately $12 ,000 . 00 . Mr . White ,
Director of Public Works , stated that he met with Jay Davis ,
who builds basketball courts . and got a set of plans of a
combination basketball and tennis courts , fenced and
lighted , which would cost about $27,000 . 00 . He also stated
by cutting that in half for just a basketball court , it
would probably be closer to the $12 ,000 if the City does
part of the work, and this is concrete . Mr . White stated
that Mr. Davis would also coat the concrete with a sport
sealer . Chairman Morgan stated that there is only $10 ,000
to work with for the 1987-88 year . Mr . White expained that
a court could probably be built for $10 ,000 , but wasn' t real
sure how well constructed it would be, or how long it would
V
last . Mr . White stated that he just couldn ' t recommend to
build one that would only last for a few years .
Chairman Morgan felt like a basketball court would be one of
the most utilized facilities for adults , as well as
children . Chairman Morgan stated that it would still cost
$12,000 even for an asphalt court . Ms . Sewell said that if
there was any possible way to use concrete that it would
last much longer than asphalt . Ms . Zeeb agreed , and that
also the concrete could be poured to where it would drain
better . Chairman Morgan said that with this black dirt , the
concrete is going to shift and there is no way to have a
court that would drain perfectly. Chairman Morgan also
stated that if the City is going to build a court , he would
like to see the combination court built . A motion was made
by Ms . Sewell to table this item. The motion was seconded
by Mr . Smyder . The motion carried with all in favor .
CITIZEN PARTICIPATION: None .
GENERAL DISCUSSION: Mr . Whitlow again felt like the
combination basketball and tennis courts was a unique
design, but was concerned that there might be a problem of
someone wanting to play basketball , when someone else wanted
to play tennis , as with soccer and football using the same
fields. Ms . Zeeb said the idea is appealing to her , as it
can be used for more than one sport .
Mr . Smyder stated that some citizens had approached him with
the condition of the road leading into the park. Mr . White
explained that the bomag machine had been used on the road
with the intention of surfacing it with asphalt. However ,
it has been next to impossible to find an asphalt crew who
isn' t already busy somewhere else. Ms . Sewell added that
the road that was there is a prime example of something not
being done right the first time, and trying to compromise,
due to lack of proper funds . Mr . White stated that asphalt
is a material that has to be worked and used alot in order
to keep it alive and working and any water that stands on it
will ruin it .
Mr . Smyder also has been asked about the sprinkler system in
the parks and questioned why those were not being used .
Chairman Morgan said that Starnes Plumbing will inspect the
two that don' t work and that he will get an estimate from
them to get them fixed . Mr . Smyder said that the citizens
were concerned about the large cracks in the ground .
Mr . Whitlow inquired as to how we can turn the existing
fields to good quality fields with a limited budget .
Chairman Morgan explained that the City first bought a water
cannon with a coil operated cable. He went on to say that
you pull the cable out , attach it to a stationary object ,
hook it up to a fire hydrant and the cable will move it
back. Mr . Whitlow mentioned also that the field that the
band marches on has very thick grass , but 40 yards out it is
not thick. Chairman Morgan explained that the fields were
seeded and fertilized this past year, but were not watered .
Mr . Smyder said that we need volunteers , due to the City
hiring freeze. Chairman Morgan said the only problem with
that , is the fact that volunteers are very willing to
volunteer, but a lot of times they don' t show up to work.
Mr . Whitlow said that the board could be a driving force to
improve the fields , backing the Wylie Sports Association .
Mr . Whitlow stated that he wasn' t sure how the Council
approves or disapproves certain things , but feels a better
use of the money would be to build quality fields out of
what we already have.
Chairman Morgan stated that it costs approximately $1 ,000 to
seed and fertilize the fields , and that we need to fertilize
more than just the outfields, including the fields behind
the library. He also stated that in his opinion with the
seeding , fertilizing and much more watering the fields would
be in quality condition.
Chairman Morgan asked Mr. White if money was budgeted for a
person in the Parks Department for next year . Mr . White
said he is hoping to hire four employees for the department ,
and is hoping to hire someone with knowledge of parks as a
supervisor .
Chairman Morgan asked Ms . Zeeb if she has considered putting
some of the trees that were donated to the City out by the
picnic tables at the park. Ms . Zeeb said yes , and that the
plans were to plant the trees in the fall . Ms . Zeeb also
said that some of the trees would go in the courtyard at the
new municipal complex, and would also like to have any
suggestions from other board members , as to where they would
like to see some other trees planted .
Mr . Whitlow asked about the possibility of co-op agreements
between the schools and parks and recreation. Chairman
Morgan said that as a board, they had never entered into any
agreement with the schools . Ms . Sewell said that the
members of the school board came to a park board meeting in
the spring and seemed to be very enthusiastic. Ms . Sewell
said that she did think there was some question of liability
on the school ' s part and they wouldn' t let the City put up
basketball goals on their property. Chairman Morgan said
that he would be talking to Coach Shaffer and would ask him
about an agreement again. Ms . Sewell suggested that we
might invite some school officials to another meeting .
Chairman Morgan asked Acting City Manager , James Johnson
about retaining a check for a deposit on a volleyballs and
net and then giving the check back once it had been
returned . Mr . Johnson said if the check wasn' t kept for a
long period of time, he wouldn ' t have a problem with it , as
the policy for finance is to deposit checks on the same day.
ADJOURN: There being no further business the meeting was
adjourned .
John Morgan, Chairman
Respectfully submitted:
Candi White, Secretary
PROCLAMATION
ARTHRITIS VICTORY WEEK
WHEREAS, Arthritis severly afflicts almost 40 million, or
one in seven Americans of all ages, including children, who
suffer from the pain and crippling effects of the disease;
and
WHEREAS, In Collin County alone, 33 ,431 people have
arthritis severely enough to require medical care; and
WHEREAS, Arthritis costs nearly $14 billion annually,
including lost income and payment for medical care; and
WHEREAS, The Arthritis Foundation supports scientific
research , provides public and professional education and
sponsors patient and community services such as the
Arthritis Aquatics Program, the Self Help Course, Patient
Support Groups,and Information and Referral Service and
Patient Education Programs; and
WHEREAS, 80% of all funds raised go directly for programs;
NOW, THEREFORE, I , Chuck Trimble, Mayor of the City of
Wylie, do hereby declare September 13 - 17 to be ARTHRITIS
VICTORY WEEK. I urge all citizens to support the Wylie
Arthritis Victory March for the North Texas Chapter of the
Athritis Foundation through their contributions and
volunteer services in order to help in the conquest of our
nation ' s No. 1 crippling disease.
Given under my hand and seal this day of
, 1987 .
Charles Trimble, Mayor
ATTEST :
Carolyn Jones, City Secretary
1
Now OPEN
FUN &
GAMES
Family Fun Center
CORNER FM 1378 & FM 3412 WYLIE, TX
214-442-6561
Group Rates Available
Miniture Golf - Video Arcade - BattingCages
(OPENING SOON)
N
We would like for you to come join us at
Fun&Games our new family fun center. We think it will
s.r.alit
wNimirF,�•' help fulfill a need in our area for clean,
Wylie `° E wholesome entertainment. We welcome
to
�•� ,0 any individual, family or group that is
F-M-544 �-
Ready To Have Fun.
C.
s
1.4A44,44/'
tarzt..
/ V
PROCLAMATION
CONSTITUTION WEEK
WHEREAS, Our Founding Fathers, in order to secure the blessings
of liberty for themselves and their posterity, did ordain and
establish a Constitution for the United States of America and
WHEREAS, It is of the greatest import that all citizens fully
understand the provisions and principles contained in the
Constitution in order to support it , preserve it , and defend it
against encroachment, and
WHEREAS, The Bicentennial of the signing of the Constitution
provides a historic opportunity for all Americans to learn about
and recall achievements of our Founders, and to reflect on the
rights and privileges of citizenship as well as its attendant
responsibilities , and
WHEREAS, The independence guaranteed to the American people by
the Constitution should be celebrated by appropriate ceremonies
and activities during Constitution Week, September 17 through 23 ,
as designated by proclamation of the President of the United
States of America in accordance with Public Law 915 ,
NOW THEREFORE, I, Chuck Trimble, Mayor of the City of Wylie, by
virture of the authority vested in me do hereby declare September
17 through 23 as Constitution Week , in the City of Wylie, and
urge all our citizens to pay special attention during that week
to our Federal Constitution and the advantage of American
Citizenship.
Given under my hand and seal this day of , 1987 .
Charles Trimble, Mayor
ATTEST :
Carolyn Jones, City Secretary
/
itsr
V"'1
CITY OF WYLIm
108 S. JACKSON — P.O. BOX 428
WYLIE, TEXAS 75098
(214) 442-2236
DATE: September 4 , 1987
TO: Mayor and Council
FROM: James Johnson, Acting City Manager,
RE: Resolution for Funds-Governor ' s Criminal Justice
Division, Agenda Item #4
This item will cost the City approximately $2 ,500 .00 and is
a joint effort by the Cities of Wylie and Sachse in regard
to a law enforcement program. Staff requests that any
discussion of this item be limited in an open meeting due to
its nature and will be willing to brief the Council fully on
the program in an Executive Session format if Council
desires .
m%J ; j
RESOLUTION NO.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WYLIE, COLLIN
COUNTY, TEXAS IN REGULAR SESSION ON SEPTEMBER 8 , 1987 ,
THAT THE CITY MANAGER, acting on behalf of the City of
Wylie, in conjunction with the City of Sachse, is hereby
authorized to make application to receive Federal Grant
funding for the Texas Narcotics Control Program under the
Anti Drug Abuse Act of 1986 to be performed within the
jurisdiction of the Cities of Wylie and Sachse. The City
Manager is authorized to participate with the City of Sachse
and the Governor ' s Criminal Justice Division to meet the
requirements of a 25% cash match for confidential funds.
THEREFORE, be it resolved by the City Council of the City of
Wylie, a Home Rule Political Subdivision of the State of
Texas, that the City Manager is hereby authorized to execute
said agreement and act on behalf of the City of Wylie.
Charles Trimble, Mayor
ATTEST :
Carolyn Jones , City Secretary
„Alp
Vie
CITY OF WYLIE
108 S. JACKSON — P.O. BOX 428
WYLIE, TEXAS 75098
(214) 442-2236
DATE: September 4 , 1987
TO: Mayor and Council
FROM: James Johnson, Acting City Manager/ i
RE: Work Order and Inventory System
Consent Agenda - Items #5 & #6
On June 24 , 1987 , the Texas Water Commission ordered the City of Wylie
to prepare a preventative maintenance program for the lift stations
operating in the wastewater collection system. This program was to
include an inventory system to account for, maintain, and control an
adequate supply of replacement parts, pumps and motors to ensure the
continued operations of the lift stations with downtime held to a
minimum due to mechanical or electrical failure.
In order to develop the Lift Station Inventory and Maintenance
Program, a work order and inventory system had to be established so
that a basis was laid for the implementation of the Lift Station
Program. The work order and inventory system, however, was needed and
will aid the City in completing Public Works tasks while at the same
time establishing inventory and warehouse precedures regarding City
equipment and inventory retained/controlled at the warehouse.
The costs of the Lift Station program that will bring the City into
compliance (see Lift Station Inventory and Maintenance Report -
Exhibit E, Items to be Ordered) is estimated to be between $4 ,600 .00
and $5,000 .00 .
These two administrative reports have been reviewed by Don White,
Acting Public Works Director, Ron Homeyer, Assistant City Engineer and
Carl Riehn, Executive Director of the North Texas Municipal Water
District . A few changes were made in the Lift Station Report after
staff discussion/review causing the item to be delayed one meeting .
September 14th is the deadline for submission of the Lift Station
Inventory and Maintenance Program. Additionally in our case approval
of setting up the Work Order and Inventory Program is a necessary part
of meeting the Texas Water Commission' s requirements.
We have completed and are attaching the program which, in our opinion,
will bring the City into compliance with the Order. The Program and
Exhibits address the sewer lift stations and inventory requirements as
mandated by the Administrative Enforcement Order of June 24 , 1987 .
Engineers
Planners
CQ.IHILL Economists
- Scientists
August 17 , 1987
TX21259 .CO .40
Mr. Carl W. • ehn
Executiv= Director
North • exas Municipal Water District
P. • . Drawer C
lie, TX 75098
Dear Mr. Riehn:
Subject: Wylie Enforcement Order Summary
In an effort to summarize the requirements and schedule of
the TWC enforcement order for Wylie, we have prepared the
attached table. This table is intended to be used as a
workplan guide and can be updated periodically as the
project progresses. If you want the table modified in any
manner, please let me know.
Sincerely,
i / "70-;: d )
�
Robert J. Morrison, P. E.
Project Manager
das FW22/088
closure
cc : Mr. James Johnson/Wylie Acting City Manager
CH2M HILL Dallas/Fort Worth Office 5339 Alpha Road,Suite 300, Dallas. Texas 75240 214.980.2170
Metro:263.9476
Table 1
TWC ENFORCEMENT ORDER SUMMARY
TWC Requirement Compliance Date Entities Involved Status
Submit Sludge Management Sept. 14, 1987 NTMWD Submitted July, 1987
Report to Executive CH2M HILL
Director
Install additional, Sept. 14, 1987 NTMWD
temporary pump in WWTP
influent pump station
Submit report identifying Sept. 14, 1987 City
all known sites not
physically connected to
City collection system
Evaluate spare parts Sept. 14, 1987 City
inventory and preventive
maintenance program with
specific emphasis on
collection system lift
ations
Begin construction of WWTP March 1, 1988 NTMWD Design started July, 1987
upgrade and expansion CH2M HILL
Complete construction of Sept. 1, 1989 NTMWD
WWTP upgrade and expansion CH2M HILL
Submit schedule for all Not stated NTMWD
planning and/or construc- CH2M HILL
tion activities necessary
to achieve compliance with
WWTP schedule
Submit quarterly reports Sept. 30, 1987 and NTMWD
indicating compliance with end of each quarter CH2M HILL
Enforcement Order thereafter
DFW22/090
a
CITY OF WYLIE
108 S. JACKSON — P.O. BOX 428
WYLIE, TEXAS 75098
(214) 442-2236
TO : Mayor and Council
l— >
FROM: James Johnson, Acting City Manager f
DATE: September 5, 1987 /
RE: Construction Draw Down #11 - $184 ,737. 29
The staff has reviewed this draw and recommends approval .
r*
l
APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT G702
TO (OWNER): CITY OF WYLIE PROJECT:CITY OF WYLIE MUNICIPAL COMPLEX APPLICATION NO: 119 Distribution to:
114 N. BALLARD II OWNER
WYLIE, TEXAS 75098 PERIOD TO: 08/01/87 0 ARCHITECT
❑ CONTRACTOR
FROM(CONTRACTOR): SPEED FAB-CRETE CORP VIA (ARCHITECT): LEE STUART ASSOCIATES ARCHITECT'S 0
1150 E. MANSFIELD HWY, P.O. BOX 1580 PROJECT NO: 460903 0
FORT WORTH, TEXAS 76119
CONTRACT FOR: CITY MUNICIPAL COMPLEX CONTRACT DATE: 9/05/86
Application is made for Payment, as shown below, in connection with the Contract.
CONTRACTOR'S APPLICATION FOR PAYMENT
CHANGE ORDER SUMMARY 1. ORIGINAL CONTRACT SUM $ 1,734,838.00
Change Orders approved in ADDITIONS DEDUCTIONS 2. Net change by Change Orders $ 21,790.00
previous months by Owner 3. CONTRACT SUM TO DATE(Line 1 ± 2) $ 1,756,628.00
TOTAL 4. TOTAL COMPLETED&STORED TO DATE $ 1,588,540.12
Approved this Month
5. RETAINAGE:
Number Date Approved
a.ln % of Completed Work $ 158,654.01
a 41 3/6/67 6,842.O0 b. % of Stored Material $
t2 5/20/87 ' 14,948.00
_____-__-- Total Retainage(Line 5a + 5b or
TOTALS 21.7'iu.uu Total in Column 1 $ 158,854.01
Net change by Change Orders 6. TOTAL EARNED LESS RETAINAGE $ 1,429,686,11
The undersigned Contractor certifies that to the best of the Contractor's knowledge, (Line 4 less Line 5 Total)
information and belief the Work covered by this Application for Payment has been 7. LESS PREVIOUS CERTIFICATES FOR
completed in accordance with the Contract Documents, that all amounts have been PAYMENT(Line 6 from prior Certificate) $ 1,244,948.82
paid by the Contractor for Work for which previous Certificates for Payment were 13 CURRENT PAYMENT DUE $ 184,737.29
issued and payments received from the Owner, and that current payment shown 9 BALANCE TO FINISH, PLUS RETAINAGE $ _ 941.89
herein is now due.
---- (Line 3 less Line 6)
SPEED FAB CRETE CORPORATION, INT'L
CONTRACTOR: State of: County of: /
Subscribed and sworn to b re me is `_¢ day of ,¢2 ,19 8Y
/ Notary Public: ef.2pr- -• '-2, C.,- ---.t"C-'}-J
By.-- -- Date;,9y // 7�7' My Commission expires: //0/2/ %.........k.,
AMOUNT CERTIFIED $ ______ _
ARCHITECT'S CERTIFICATE FOR PAYMENT (Attach explanation ' ount certifi d diffeks from the amount dpp/ed f .)
ARCHITECT:
In accordance with the Contract Documents, based on on-site observations and the
data comprising the above application, the Architect certifies to the Owner that to the / ��
hest of the Architect's knowledge, information and belief the Work has progressed as y Date:
indicated, the quality of the Work is in accordance with the Contract Documents, and is er ficate '. of negotiable. The A NT CERTIFIED ' payable only o the
the Contractor is entitled to payment of the AMOUNT CERTIFIED. Contractor named herein. Issuance, payment and acceptance of payment are without
prejudice to any rights of the Owner or Contractor under this Contract.
CONTINUATION SHEET AIA DOCUMENT 6702A
PAGE OF PAGE
APPLICATION AND CERTIFICATE FOR PAYMENT, containing CITY OF WYLIE 1 1
CONTRACTOR'S signed Certification is attached. APPLICATION NUMBER:
•
In tabulations below, amounts are stated to the nearest dollar. *11
Use Column I on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO:
y:-.f.i.t
WORK COMPLETED °C'°�
ITEM DESCRIPTION OF WORK SCHEDULED STORED TOTAL COMPLETED AND BALANCE RETAINAGE
No. VALUE Previous This MATERIALS STORED TO DATE TO FINISH
A B C Applications Application F G(D+E+F) °° H(C-G) I
D E
SITE WORK 58,564.00 58,564.00 0.00 58,564.00 1007. 0.00
TEMP SERVICES 4,500.00 3,925.00 450.00 4,275.00 95% 225.00
ARCHITECT DRAWINGS 6,050.00 6,050.00 0.00 6,050.00 1007.. 0.00
SHOP DRAWINGS 15,500.00 15,500.00 0.00 15,500.00 100Y. 0.00
ENG. STAMP 1,000.00 1,000.00 0.00 1,000.00 100% 0.00
FOUNDATION WORK 107,545.00 107,545.00 0.00 107,545.00 100% 0.00
PIERS 25,245.00 25,245.00 0.00 25,245.O0 100% 0.00
CONCRETE 4DRr. 333,429.00 163,380.21 56,682.93 220,063.14 667. 113,365.86
STRIPING 1,200.00 0.00 0.00 0.00 OZ 1,200.00
PRECAST WORK 210,163.00 210,163.00 0.00 210,163.00 150% 00.00
WYLIE SIGN 14,000.00 0.00 7,000.00 7,000.00 507.. 7,0:0.00
N1 JOINT/WALL TREATMENT 8,575.00 9,575.00 0.00 9,575.00 100% 0.00
JOIST/GIRDER/DECK 82,198.00 82,198.O0 0.00 82,198.00 100% 0.00
BUILT UP ROOF 85,489.00 95,488.00 0.00 65,488.00 1007. 0.00
SPRINKLER SYSTEM 39,060.00 37,888.20 1,171.90 39,060.00 100. 0.00
GLASS/DOORS-WINDOWS 33,612.00 33,275.98 336.12 33,612.00 100%
0.00
DRIVE THROUGH WINDOW 4,918.O0 0.00 4,918.00 4,913.00 100% 0.00
INTERIOR/WOOD DOORS 36,804.00 18,402.00 18,402.00 36,804.00 1(07.. 0.00
DRYWALL & CEILING 143,244.00 128,919.65 11,459.52 140,379.12 981 2,864.89
FLOORING 35,660.00 11,767.80 13,194.20 24,962.00 701 10,698.00
FAINTING 11,798.00 9,358.44 0.00 9,358.44 78% 2,639.56
CARPENTRY 4,220.00 3,799.O0 211.00 4,009.00 95% 211.00
PLUMBING 78,792.00 55,942.32 14,970.48 70,912.90 907. 7,879.20
ELECTRICAL 99,334.00 84,433.90 12,913.42 97,347.32 987. 1,986.68
A-C/HEATING 90,000.00 67,500.00 21,600.00 99,100.00 99. 900.00
FLAG POLE 7,751.00 (.00 0.00 0.00 07. 7,751.00
JAIL EQUIPMENT 63,530.00 30,494.40 30,494.40 60,993.80 967. 2,541.20
TOLIET ACCESSORIES 11 591.00 0.005,795.50
, 5,795.50 JUI. J,74J.`J�t�
5,1i i , 55r' •^ 1,020.00 00 3,570.00 70% 1 530.00
CLEAN UP J 'JJ.I.J L.JJY.�IV 1 VL:.. '
SUPERINTENDENT30,000.00 500.00 i.0 0n 2J,J. � 3,C0( )� 28,500.00 95% 1,5•;,.00
SUB TOTAL OR TOTAL
CONTINUATION SHEET
PAGE OF PAGES
APPLICATION AND CERTIFICATE FOR PAYMENT, containing
CONTRACTOR'S signed Certification is attached. APPLICATION NUMBER:
In tabulations below, amounts are stated to the nearest dollar. .
Use Column I on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO:
WORK COMPLETED
ITEM DESCRIPTION OF WORK SCHEDULED STORED TOTAL COMPLETED AND BALANCE RETAINAGE
No. VALUE Previous This MATERIALS STORED TO DATE TO FINISH
A B a C Applications Application F G(D+E+F) o/ H(C—G) I
PERFORMANCE BOND 19,327.00 19,327.00 0.00 19,327.00 1007. 0.00
INSURANCE 66,440.00 66,440.00 0.00 66,440.00 100X 0.00
C/O 41 6,842.00 6,842.00 0.00 6,842.00 1007. 0.00
C/O 42 14,948.00 13,303.72 1,644.28 14,948.00 100X 0.00
N3
f
SUB TOTAL OR TOTAL 1,756,628.00 1,383,276.47 205,263.65 1,588,540.12 168,087.88
AUG 2 51987
SALLINGER, NICHOLS, JACKSON, ;,; _
KIRK & DILLARD
(Formerly Saner, Jack, Sallinger & Nichols)
ALFRED SALLINGER Attorneys & Counselors at Law PRESTON CENTER OFFICE
N.LOUIS NICHOLS 1800 Lincoln Plaza 8222 Douglas Ave.suit.707
LAWRENCE W.JACKSON 500 N. Akard Dallas,Texas 75225
TIN KIRK Dallas, Texas 75201 1214)892-1218
ROG[RT L.DILLARD III (214) 954-3333
ROBERT D.NEM►MILL
ROBERT E.MAGER
.fMITN August 24, 1987
ROT L.ARMS TRONG
DAVID M. ROUERT L.DILLARD.JR.
JOHN f.ROENM III OF COUMfci.
BRUCE A.fTOCKARD
PAM GANDAL EUDARIC
Ms. Carolyn Jones
City Secretary
City of Wylie
P. O. Box 428
Wylie, Texas 75098
Dear Carolyn:
Enclosed please find the original and copies of the ordinance which would authorize
the $25.00 warrant fee set out in Article 45.06 of the Code of Criminal Procedure and
the $10.00 special expense authorized by that section by virtue of the amendment
contained in Senate Bill 243.
Please let me know if you have any questions or require any changes or corrections
in the form of this ordinance.
Very truly yours,
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
Robert L. Dillard III
RLD/sb
Enclosures
ORDINANCE NO.
AN ORDINANCE OF CITY OF WYLIE, TEXAS, IMPOSING A SPECIAL EXPENSE
OF TWENTY-FIVE DOLLARS ($25.00) FOR THE ISSUANCE AND SERVICE OF A
WARRANT OF ARREST; AUTHORIZING COLLECTION OF A SPECIAL EXPENSE FOR
SERVICES PERFORMED IN CASES IN WHICH DISMISSAL IS GRANTED FOR
ATTENDANCE AT A DEFENSIVE DRIVING COURSE; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS:
SECTION 1.
In addition to fines imposed by the Judge of the Municipal Court, a special
expense of Twenty-five Dollars ($25.00) shall be assessed against each defendant in a
case where the issuance and service of a warrant of arrest is required for an offense
under Section 38.11, Penal Code, or under Section 149, Uniform Act Regulating Traffic
on Highways (Article 6701d, Vernon's Texas Civil Statutes), or for failure to appear in
response to a written promise contained in a personal bond given under the provisions
of Article 17.04, Code of Criminal Procedure, provided that due notice has been given
to the defendant, prior to the issuance and service of such warrant of arrest, that such
special expense will be imposed.
SECTION 2.
The Municipal Court shall also collect a special expense of Ten Dollars ($10.00)
for services performed in cases in which the defendant is discharged by virtue of having
attended, subsequent to the date of the alleged offense, a defensive driving course in
compliance with the provisions of Subsection (a), Section 143(A), Article 6701d, Vernon's
Texas Civil Statutes.
SECTION 3.
This ordinance shall take effect immediately from and after its passage and the
publication of the caption hereof as the law in such cases provides. The special expense
authorized by Section 2 of this ordinance shall apply only to offenses committed after
September 1, 1987.
DULY PASSED by the City Council of the City of Wylie, Texas, on the
day of , 1987.
APPROVED:
MAYOR
DULY RECORDED:
CITY SECRETARY
APPROVED AS TO FORM:
&)\..(k)(44-'
CITY ATTORNEY
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 84-12 AND REPEALING
PREVIOUS ORDINANCES IN CONFLICT; PROVIDING FOR A LATE
PAYMENT PENALTY AND SERVICE DISCONNECTION; PROVIDING FOR
TAMPERING AND DESTRUCTION CLAUSE; PROVIDING FOR A PENALTY
CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, a water and sewer rate study has been
commissioned by and presented to the Wylie City Council ,
WHEREAS, on page 15 of the Binford Rate Study Report , a
recommendation was made to apply a 10 percent penalty to all
bills not paid by the 16th day from date of bill ,
WHEREAS, the City Council wishes to initiate this
penalty clause as soon as possible while considering other
recommendations in the rate study,
WHEREAS, after careful study and due consideration of
recommendations of the study, the City Council of Wylie,
Texas, has determined that the public welfare would be best
served by amending the present City utility rate structure
to promote prompt payment and assist the utility system in
being self-supporting .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION I . LATE PAYMENT PENALTY AND SERVICE DISCONNECTION.
A. That such water and sewer rates hereby shall be
mailed by the City of Wylie shall be due and
payable by customers of the Waterworks and Sanitary
Sewer System by the 16th day from the date of the
bill . All utility bill payments are due by the
16th date of the bill except when the 16th falls on
a Saturday, Sunday, or legal holiday under which
condition they are due not later than 8 :00 A.M.
local time on the next working day. Should the
amount due on the 16th day not be paid in full , a
ten percent (10%) penalty shall be added to the
amount past due and unpaid.
B. Utility customers with accounts unpaid as of the
close of business on the 16th day (due date) will
be notified by the issuance of a "termination
notice" which will notify customers that account is
past due and that City utility service is subject
to termination. The customer is subject to service
discontinuation on the llth day after the bill
comes due (16th day or due date) . The City is not
required to send additional notices other than the
termination notice in order to be authorized to
discontinue service. For purposes of termination
of services, the termination day is calculated from
the 16th day, or due date, irregardless on what day
of the week if falls on.
SECTION II . TAMPERING AND DESTRUCTION. No customer shall
have the right to tamper or alter any component of the
Waterworks or Sewer System including valves, meters, meter
boxes and lids, hydrants, lines, pump stations, ground
storage tanks, elevated storage tanks and lift stations .
This shall include the direct or indirect efforts to restore
water service without the approval or assistance of the City
or any effort to circumvent the intent of the City to
provide service without putting up a current deposit on the
2
account or to not provide service for non-payment of
charges .
SECTION III . PENALTY FOR VIOLATION OF THIS ORDINANCE. Any
person, firm or corporation who violates any provision of
this ordinance shall be deemed guilty of a misdemeanor and
upon conviction, therefore, shall be fined any sum not to
exceed two hundred dollars ($200 .00 ) and each and every day
that such violation continues shall be construed as a
separate offense; provided , however, that nothing contained
herein shall preclude the municipality of bringing suit for
injunction for the prevention of any threatened violation or
the removal of any structure in violation of this ordinance.
SECTION IV. EFFECTIVE DATE AND CONFLICTS.
A. This ordinance and the rates and charges prescribed
shall be in effect from the October 1 , 1987
billing.
B. As of the effective date of this ordinance any and
all ordinances and any orders in conflict are
repealed to the extent of the conflict .
C. If any paragraph, section, clause, phrase or
provision of this ordinance shall be judged invalid
or held unconstitutional , the same shall not affect
the validity of this ordinance as a whole or any
part or provision thereof, other than the part so
decided to be invalid or unconstitutional .
DULY PASSED AND APPROVED by the Wylie City Council on
this the 8th day of September, 1987 .
APPROVED:
Chuck Trimble, Mayor
ATTESTED:
Carolyn Jones, City Secretary
APPROVED AS TO FORM:
Robert L. Dillard, III , City Attorney
3
MEMORANDUM
DATE: � .. � /f07
TO: James 'J hnson Interi
m City Manager
FROM: Ron Homeyer, Asst. City Engineer
SUBJECT: Plat and/or Plans Approval
The material attached is approved by the Engineering
Department as being complete and acceptable for placement on
the next appropriate agenda..
❑ Preliminary Flat to Flanninq and Zoning
o Preliminary Fiat to City Council
OFi al Flat to Planning and Zoning
inal Plat to City Council
-i1
❑ Construction Flans to City Council for
construction approval only
❑ Final Flat 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
PLANNING AND ZONING COMMISSION
MEETING - MINUTES
7 : 00 P. M.
SEPTEMBER 3 , 1987
The City of Wylie Planning and Zoning Commission met in
regular session on Thursday, September 3, 1987 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 Vice Chairman Ben Scholz, Bob
Skipwith, Bart Peddicord, Marty Stovall , Cecilia Wood, Code
Enforcement Officer Roy Faires , Karen Blythe, Secretary, and
Candi White, Secretary. Chairman Brian Chaney and Mr. R.P .
Miller were absent .
CONSIDER APPROVAL OF MINUTES: The minutes submitted for
approval were for the August 6 , 1987 meeting . Mr . Peddicord
explained that the typing errors in the minutes could
sometimes possibly reflect something different than what was
meant in the discussion. He went on to point out several
typing errors . Ms . Wood corrected her statement in regard
to the water supply at Beaver Creek, stating that the
minutes reflected that she asked Mr . Cook if he was aware
that some of the people in Beaver Creek were not satisfied
with their water supply, when she actually was just asking
Mr . Cook if he was aware if any of the people in Beaver
Creek were unsatisfied with their water supply. Mr .
Peddicord state that in one paragraph, Mr . Faires was
referring to Mr . Cook' s subdivision , but the minutes sounded
like Mr . Faires was referring to his own subdivision, rather
than Mr . Cook' s . A motion was made by Mr . Skipwith to
approve the minutes with the noted corrections . The motion
was seconded by Mr . Stovall . This motion carried with all
in favor .
CONSIDER RECOMMENDATION TO CITY COUNCIL FOR THE REPLAT OF ~1..
ACRE OUT OF THE W. PENNEY SURVEY, ABSTRACT 696 (STEVE•
explained that this is a very simple subdivision, where a
grandfather has given one acre out of his 23 acres to his
grandson on which to build a house . Mr . Faires also
explained that there is water and sewer on the property,
along with a septic tank which is used by a mobile home park
on the property. Mr . Faires said the only question
remaining to be answered is the perimeter street fee, which
Mr . Anderhub has requested that the Planning & Zoning
Commission recommend to the Council be adjusted to be
applied to the entire tract . Mr . Faires also explained that
under the subdivision regulations , the subdivision is
required to pay perimeter street fees upon filing of the
plat . Due to the unusual circumstances , Mr . Anderhub feels
that the fee is extensive. Ms . Wood asked if Kinsington
Manor , the subdivision across the street from this property,
had to pay perimeter street fees . Mr . Faires replied that
they did not , as the City had not passed the perimeter
street ordinance when Kinsington Manor was developed. Mr .
Faires explained that every subdivision has to pay street
fees , even if it is located on a state highway. Mr .
Anderhub stated that the reason he objects to paying the
fees is because the property had just recently been forced
annexed and that he had already made plans to build on this
property prior to annexation. Mr . Anderhub explained that
according to the dictionary, a subdivision is the dividing
into small portions of land and usually for sale, and here
we just have a parcel of land divided out . Mr . Anderhub
also stated that there was no sale involved, but that his
grandfather had deeded this land to him, and the reason the
land changed names , was that he understood that this must be
done before the land could be submitted for a replat . He
also explained that the property would still be Ag use, and
there would be no Planned Development . Mr . Anderhub also
stated that Parker Rd . at one time was only a whiterock road
and when it was widened , straightened out , and resurfaced ,
that about 3 1/2 acres of this property was utilized to do
so . He feels that the road has been a benefit to the area
and the people of Wylie, and feels that the perimeter street
fees should be waived , since land has already been donated
for the existing road .
Ms . Wood asked when the property was deeded to Mr . Anderhub.
Mr . Anderhub said it was done just recently, after the
annexation, but that he was already planning to build , when
the land was annexed, and decided to hold off to see how the
annexation was going to go .
Ms . Wood also asked if Mr . Anderhub knew the right-of-way
width that was given from the property. Mr. Faires, Code
Enforcement Officer explained that according to the
submitted plat , there is a 100 foot right-of-way. Mr .
Faires also wanted to clarify that State Law defines a
subdivision as any piece of property which is divided into
two or more pieces , whether it is for sale or development .
Mr . Stovall asked how long Mr . Anderhub' s grandfather has
owned the property and again if 3 1/2 acres was cut off for
the existing road, and if so, was his grandfather paid for
the property. Mr . Anderhub stated that his grandfather has
owned the property for about 30 or 40 years and that 3 1/2
acres was used for the road , and that his grandfather was
not paid for the 3 1/2 acres , and that he did not ask for
any payment .
Mr . Peddicord asked that since the fee has been set in the
subdivision ordinance, if the Planning and Zoning Commission
recommended that the fee be waived, wouldn' t the Commission
be setting a precedent for cases like this in the future.
Mr . Faires , Code Enforcement Officer , explained that this is
a very unique situation and that the Planning and Zoning
Commission would not be making the decision, but only a
recommendation to the Council , who has the option of waiving
the fee . Mr . Faires also stated that because this situation
is so unique, it is very unlikely that it would occur again
in the future .
Mr . Peddicord asked how the fee was figured . Mr . Faires
explained that according to the ordinance, it was figured
that one lane is 11 foot wide, x 220 x the length of the
lot .
All the Board members agreed that since Mr . Anderhub' s
family had donated part of the property for a road , had
given an easement for water and sewer years ago , and had
been forced annexed, that in order to do what is fair and
just , the recommendation should be made to waive the fee.
Mr . Stovall made a motion to approve the final plat and to
recommend that the Council waive the perimeter street fee .
Mr . Skipwith seconded the motion. The motion carried with
all in favor .
CONSIDER RECOMMENDATION TO CITY COUNCIL FOR THE PRELIMINARY
PLAT OF 22 .0186 ACRES OUT OF THE D. W. WILLIAMS SURVEY,
ABSTRACT NO. 1021 COMMONLY KNOWN AS BIRMINGHAM FARM TRACT
16 : Mr . Faires , Code Enforcement Officer , explained that
this piece of property is zoned Duplex (2F) by a previous
board and council , and that this submittal does comply with
zoning regulations and that Staff could only recommend that
it be approved . Mr . Faires also stated , however, that he
would like to make it a matter of official record that the
developer has been informed that we, on staff , have found
36
Vgie
CITY OF WYLIE
108 S. JACKSON — P.O. BOX 428
WYLIE, TEXAS 75098
(214) 442-2236
TO: Mayor and Council
FROM: James Johnson, Acting City Manager
DATE: September 5 , 1987
RE: Railroad Crossing -- Westgate Way
(Proposed Westgate Shopping Center)
Attached are the proposed agreements between the Atchison,
Topeka and Santa Fe Railway and the City for the proposed
crossing. City policy has been that the property owners
shall pay for the costs of the crossing . In this case, on
the south side of the crossing, the State of Texas is the
owner while on the north side of the proposed crossing , Mr .
John Pennington is the owner . The State of Texas, of
course, will not share in the costs. Therefore, Mr .
Pennington has requested that the City contribute 25% of the
estimated costs of the crossing (see Schedule B) or about
$30 ,000 .00 .
The staff believes that Mr . Pennington would benefit almost
entirely from the project while the City would benefit from
the development of the property. We, therefore, CANNOT
recommend participation. Also, the City assumes all the
maintenance and liability costs once the crossing is
installed .
.;\(...
C•�• 5750 Trowbridge
Ven � P.O. Box 13080
Et Paso, Texas 79913
(915) 772-9920
John P. Pennington • Building & Investments
1
- -
2
August 31 , 1987
Mr. James Johnson
City of Wylie
114 N. Ballard
P.O. Box 428
Wylie, Texas 75098 Ref: Westgate Project
Wylie, Texas
Dear Mr. Johnson:
I certainly want to thank you for taking the time to meet
with us this past Thursday. I know you have a busy schedule.
Mr. Roland Foerster of Foerster Engineering will be there to
represent me at your meeting September 8th. You advised that
the Railroad Crossing would be on the agenda at that time.
We want to get started with the crossing and the roads at
a very early date. Will sure appreciate participation from
the City on this project. This crossing should really enhance
the growth of Wylie.
Yo very/truly„
//
Jo P Pennington
cc: Roland Foerster
re
The Atchison, Topeka and Santa Fe Railway Company 11 P
920 S.E. Quincy St.
P.O. Box 1738
Topeka, Kansas 66628 July 28, 1987
BR-5770
Mr. I. W. Santry, Jr.
City Engineer
City of Wylie
P. 0. Box 428
Wylie, Texas 75098
Dear Mr. Santry:
Reference is made to previous correspondence pertaining to the
Construction of Westgate Way at our MP 74 + 3070 ft., Paris Subdivision,
Northern Division.
Enclosed, in duplicate, are the agreements for the proposed
crossing. Upon execution on behalf of the City, please return the railroad
original to this office for further handling. Included as Exhibit "B" of the
agreement is estimate for the installation of the crossing surface and active
warning devices.
If you have any questions, please feel free to contact Mr. Stanfill
of my staff at (913) 357-2484.
Yours truly,
C. L. Holman
Asst. Gen. Mgr. - Engineering
9943d/2484/1
A Santa Fe Southern Pacific Company
N S:+�"s#E 1 INO.may .¢r M-« aa.' r._. jn.y.„ y�w� _
' '�•''S�.Y'-7sBw ♦ � [• ice+ •1. "8'.-'•>. 'a�yl `p'f^^�y.,'�q,�w.. +.. '�1.s' .•y.r-r-r"
SANT.FF O?JGINAL
BR-5770
CONTRACT SECRETARY'S N MBER
o00
THE ATCHISON, TOPEKA NC SANTA FE RAILWAY COMPANY
CITY OF WYLIE, TEXAS
000
AGREEMENT: Covering land at Wylie, Collin County,
Texas, for right of way purposes for a
public road designated as Westgate Way,
at Railway Paris Subdivision, Northern
Division, MP 74+3074 feet.
DATED:
//CJ
At* vok
AGtEEMENT Made as of the day of
p 7—between THE
ATCHISON, TOPEKA 19 ANTTAITA FE RAILWAY
COMPANY, a Delaware corporation (herein—
after called,"Santa Fe"), as First Party,
and the CITY OF WYLIE, TEXAS, a
municipal corporation of Collin County,
Texas, acting herein by and through its
City Manager, hereunto duly authorized
(hereinafter called "City"), as Second
PartWITNE'SSETH:
RECITALS:
City desires to use a certain portion of Santa Fe's property at
Wylie,` tbilin' t nty, Texas, upon which to construct, maintain and use~a
public road, designated as Westgate Way which is agreeable to Santa Fe upon
the terms and conditions hereinafter stated.
AGREEMENT
ARTICLE I
1. Santa Fe, for and in consideration of the sum of One and
No/100 Dollars ($1.00), the receipt whereof is hereby acknowledged, and of
the full and faithful performance by City of its covenants hereinafter set
forth, hereby licenses City to use a portion of Santa Fe's property
situated at Wylie, Collin County, Texas, for the purpose of constructing,
maintaining and using a public road, license to use which is hereby given,
being shown shaded on print Chief Engineer drawing No. 1-07307, dated May
29, 1987, hereto attached, marked Exhibit "A", and made a part hereof.
2. Santa Fe agrees that it will, at City's expense, make
adjustment to railroad signal and communication overhead lines at the
crossing location.
3. Santa Fe agrees that it will, at City's expense, install
active warning devices at the public road grade crossing of Santa Fe's
track.
16 - .,.,.. .+i.+i..,.. .. ,,.... _�w.r•s•�*:' -....,..,,.,.,,,, r
• l )as .'.�t} -
Manta Fe agrees that it will, at City's expense, install
crosstrg au 'ace on its Track, provided that in the event of discontinuance
of use by Santa Fe, all obligations assumed by it hereunder shall cease and
a be at an`en ,
5. Santa Fe agrees that it will, at its own expense, maintain
the crossing surface within the limits
of the ties, and the grade crossing
i.; :.,':
vehicle traffic control devices; :however, Santa Fe shall be entitled to
k .
A
r�ece ,,t ibution toward I a •f such maintenance as ma be w
or. hemacterAtacie available .by roprApfory law, ordinance, regulation,
order, grant or by other means or sources.
ARTICLE II
In consideration of the aforesaid license, City covenants and
agrees to and with Santa Fe as follows:
1. That it will use the licensed premises exclusively as a site
for a public road.
2. That it will not let or sublet the whole or any part of the
licensed premises for any purpose whatsoever or assign this license without
the written consent of Santa Fe in each instance.
3. That in case of eviction of City by anyone owning or claiming
title to the whole or any part of the licensed premises, Santa Fe shall not
be liable to City for any damage of any nature whatsoever.
4. That if the licensed premises, or any part thereof, cease to
be used at any time for the purpose licensed, City will deliver up to
Santa Fe the possession of the whole, or such part so ceased to be used.
5. That it will, at no expense to Santa Fe, and subject to the
supervision and control of Santa Fe's AGM-Engineering, locate, construct
and maintain the public road in such a manner and of such material that it
- 2 -
w` .11 rpt f any time be a source of danger to or interference with the
present or future tracks, roadbed and property of Santa Fe, or the safe
operation of its railroad. City shall construct the public road, and any
drainage facilities required because thereof, in such a manner as not to
pi nit damage to Santa Fe's property`or adjoining property. In the event i
i. of a breach of this covenant at any time, City will, within ten (10) days
receipt of a written notice from Santa Fe thereof, do whatever may be
1,= ,�4 • .f ill its .f failing sotto
.4wr 'aid_time, Santa Fe may do so at kCity's expense, bill for which - .p
City will promptly pay.
6. That it will do no work on Santa Fe's property without first
E contacting Santa Fe's Superintendent at Fort Worth, Texas, and securing his
approval to proceed with the work.
7. That no legal right of Santa Fe to maintain, use and relocate
the railroad track or tracks or other railroad facilities now located upon
the licensed premises, or to construct and thereafter maintain, use and
relocate any additional track or tracks or other railroad facilities as it
may desire upon or across said licensed premises shall be in anywise
affected by the giving of this license.
8. That if, at any time during the term hereof, Santa Fe shall
desire to make any use of the licensed property with which the public road
and drainage facilities will in any way interfere, including the relocation
of existing or the construction of new tracks, pole lines, wires, conduits,
etc., in which it shall have an interest, City shall at no expense to
Santa Fe, make such changes in the public road and drainage facilities as
in the judgment of the Santa Fe may be necessary to avoid interference with
the proposed use of its property.
- 3 -
73
Ir Mr 7*Vmelliabrio.+
0• t` • t it will bear and pay the entire cost of constructing and ,.. :.
Spbwj Eitiry !y
T- includingy draitiaage facilities required
maintaining the the public road, any
f -
because thereof, upon the licensed premises except that portion to be
maintained by,Santa Fe as covered under Section 5 of Article I. That it
;;_ * , *:, Fes, ,
wili `al8 r and pay the cost of the workTas Covered under Sections 2, 3,
and 4 of title I.
10. Ihat if it shall become necessary in the future
- '• Jac ..? '/or maintenance ofs ,1�,,,�n�a- �',-.c�x'.`e.�'i5e. `. ._ .:.?<.. . ...__lt'y:`<;�'gso;� �, `SA . 'r+«h•- :,•�'] �� ��+ a Age
face . ; any changes or •alterations in Santa Fe's right of way
fences, signal, power and/or communication pole and wire lines, and/or
other facilities located upon the licensed premises, such changes or
alterations, if agreeable to Santa Fe, will be made by Santa Fe at City's
expense, bill for the cost of which City will promptly pay.
11. To make any and all arrangements that may be necessary to
secure the location or relocation of wire lines, pipe lines and other
facilities owned by private persons, companies, corporations, political
subdivisions or public utilities other than Santa Fe which it may be found
necessary to locate or relocate in any manner whatsoever due to the
construction of said public road.
12. To appoint and keep competent inspectors, engineers or other
authorized parties on the work to be done by City during the progress of
such work, and to give Santa Fe reasonable advance notice of the
performance by City, or any contractor employed by City to construct said
public road, of any work upon, along, over or across the right of way and
tracks of Santa Fe which might render unsafe the operation of trains on the
tracks of Santa Fe.
- 4 -
7 7
13• That the contract or contracts t0 to let ,/ City for the
construction of the work to beundertaken by it hereunder shall provide:
A. Standard Manufacturer's and Contractor's ; :
LiabilityInsurance. the Contractor,'shall furnish
e yfnttta Fee that, with respe9 to the .
4 pie,
Pera.�toe ca�� • f , rf.5F �tbn c' Liability Insurance prov�"? t ,` i t
Of ess than One Million Dollars $1 00p," III, II)
f . .r 1 ..:.ges ariaing'but°of .. . ur ' "' f.
f ,• rsdns ►ri . :" . ....1,` " . f *•
'it t'bl`not less_ `Five] . . ,: . I -
E :,� �, 1 VitO tt lit er:AXIC ^i i
aggregate)'limit of One Million Dollars
($1,000,000.00) for all damages arising out of injury
to/or destruction of property during the policy period.
If any part of the work is sublet, similar
insurance shall be provided by or in behalf of the
subcontractors to cover their operations.
B. Contractor's Protective Liability Insurance.
The Contractor shall furnish evidence to Santa Fe
that, with respect to the operations performed for him
by subcontractors, he'carries, in his own behalf,
regular Contractor's Protective Liability Insurance
providing for a limit of not less than One Million
Dollars ($1,000,000.00) for all damages arising out of
bodily injuries to/or death of one or more persons in
any one occurrence, and Protective Property Damage
Liability Insurance providing for a limit of not less
than Five Hundred Thousand Dollars ($500,000.00) for
all damages arising out of injury to/or destruction of
property in any one occurrence and subject to that
limit per occurrence, a total (or aggregate) limit of
One Million Dollars ($1,000,000.00) for all damages
arising out of injury to/or destruction of property
during the policy period.
- 5 -
• ► :+fir
143
,C. Railroad's Protective Ltabil ty' and Propert
Damage and Fi,y sical Damage to Property Zsurance.
addition to the above, the Contractor shall furnish an
original policy to Santa Fe, with *'respect to the
oprations he or any of his subcontractors perform,
pro . -s the Standard Railroad Protective Liability
PO. ` with coverage as outlined iitt'� e ral Casualty
his 1Io. 258, dated July 9,195erlio' 34t,` dated
Fe. -ry -19, 1965; and `No. 365, dated 'August 4, 1967,
is , ' :t by the State .Board of Insurance of Texas,
Pr$ ging ; or Bodil 4 fury, Death arid, rty. Damage
ed `'to -'a ccnl ned :amount of Two.,,M lliion Dollars
($2,000,0001 :per occurrence, and subject to a' 'total
(or g•+ • }'
< .
_ � to limit six
>i�' � � ,s � e g if ..• .�,� �?� � �z�� �llion do .;;
-ral." The- insurance, -as "specified in
Paragraphssaand B above, shall be carried until all
work required to be performed under the terms of the
contract is satisfactorily completed as evidence by
the formal acceptance by Santa Fe.
The insurance, as specified in Paragraph C above,
shall be carried until all work to be performed on the
Company's right-of-way has been completed.
14. That if it is determined necessary by Santa Fe during the
construction or maintenance of said public road to provide flagmen and
inspectors to insure the safety of railroad operations, the cost of
providing such flagmen and inspectors will be borne by City.
15. That it will release and vacate the licensed premises
occupied by the public road, remove the public road from the licensed
premises and otherwise fully restore the premises to the condition in which
they existed prior to the beginning of the work herein covered, immediately
after the need for such public road ceased to exist.
- 6
„'f'"Cri• rtv-w- .11P4rInvT,
16. City shall and will, and does hereby agree, insofar as
permitted by law, to assume and discharge, and indemnify and save harmless,
the Santa Fe and the successors and assigns thereof, from and against any
and all liability, loss, damage, cost, expense, claims, judgments, or
attorneys' fees for or on account of personal injuries to or death of
persons or damage to or loss or destruction of property, directly or
indirectlycaused by, due tooasing out of, or in connectionwith, the
a�•Y+t s :j'°i.qT� - f 44. 'i 3''�::A�4 44(49
maintenance operation, use, removal or existence of that portion of the
public road herein described, except in any instances of such events which
arise out of the sole negligence of Santa Fe.
17. City agrees traffic control systems at the crossing or
crossing illumination will be installed at no cost to the Santa Fe.
18. City will furnish, install, and thereafter maintain pavement
markings, advance warning signs, and traffic control signs in accordance
with applicable portions of the Texas Department of Highways and Public
Transportation Manual on Uniform Traffic Control Devices and will provide
traffic control during construction or maintenance operations to
accommodate work by Santa Fe.
19. City will maintain the top of the pavement of Westgate Way to
conform with the top of the rail elevation of Santa Fe's track for a
distance of ten (10) feet on either side of the centerline of Santa Fe's
track.
- 7 -
y7
riVAMIS, WAWA Awy 3asiti, - 4 try.'
' t '. 2i:6 City will maintain a uniforms pavement transition for the
Westgate Way between ten (10) feet from centerline of Santa Fe's track to
the intersection with State Highway 78 in such a manner as to preclude
vehicles'from damaging Santa Fe's track or the grade crossing surface.
21. That this license is made subject to all valid, existing and
future contracts, agreements, licenses and easements which may affect said
licensed;property, covering roads, public and private; pole lines and
ILL a u lines, the cilities
water or o
.. :- 2 2. That all of the covenants hereof.shall .inure to the benefit
of the successors and assigns of Santa Fe, to the same extent as to
Santa Fe.
23. City does not warrant nor represent hereunder that it will
levy any special tax nor assessments to pay any claims or judgments
referred to in Paragraph 16 of this Article II hereinabove, which may arise
as a direct result of the maintenance operation, use, removal of the public
road herein described.
ARTICLE III
1. Santa Fe, upon receipt of an advance deposit in an amount
equal to the estimated cost set forth in Exhibit "B" will schedule and
perform the work as set forth herein.
2. City agrees to promptly pay Santa Fe upon completion of all
work by Santa Fe and the receipt of an itemized statement from Santa Fe for
the total cost to Santa Fe for the work performed by Santa Fe in accordance
with Exhibit "B" less prior payment. If the total cost is less than prior
payment, Santa Fe will refund the excess to City.
- 8 -
' ,.. y "g' ►'s_ r r....-...•r. .. - ""277:"r - .77 v'k
IN 1ESTIMONY WHEREOF, the parties have executed this agreement, in
duplicate ` of the day and year first above written.
THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY
By:
Its:
CITY OF
., aC�a A .1G:
By:
ATTEST:
Assistant Secretary for Railway Company
ATTEST:
Secretary for City
1
1274E/1991E/5
- 9 -
roxypiceopirimir773--• 0, 77 t T :.,.. ..THE ATU ISUti► I .0 _ !s aiss ss!-,.,�.7. -",.-_.,...„,.. ...w. . .,.. .,a.�-.
FORCE ACCOUNTuP ESTMfAT�R
c
-" ��iµ _ , THE CITY OF Anil •
3
•
PROPOSED INSTALLATION OF A 64 FT FULL DEPTH CROSSING SURFACE AND GATES/
FLS AT NESTGATE NAY, MP 74.3070, NYLIEs TEXAS, PARIS SUBDIVISION, NORTHERN'-
DIVISION. ,
SUSPENSE AUTHORITY: 3789-87
ti
~--~
• QUANTITY UNIT SUBTOTALS TOTAL COST
LABOR
v ti .
ENGINEERING 'o PUBLIC 'I!P 437
. ' 'ENGINEERING/PUBLIC.IMP. 464
L.ENGINEERING/SIGNAL ''' 3,093
PLACE GATES/FLS. 129537 ,
�.. .' `
x PLACE MEL IAIWALi?' .el 's`,• , 4, p3< k.-, # _;_; . 2 1,70 .- -.4
"'+)w. 1'*RE1P44cRo S ATT t• .4....:, -, o 543272
SURFACE TRACK' • ,<,,, ,: tr, -,°-
► UNLOAD BALLAST 272
PAYROLL ASSOCIATED COSTS 9,733
SUBSISTENCE ALLOWANCE 7,912
INSURANCE 2,755
TOTAL LABOR 40,805
MATERIAL
t AXC FOR 1 AUXILIARY CONTROL 2.000 EA 3,809
BALLAST, PEDERNAL 60.000 CY 458
BATTERY, STORAGE - FOR GATES 1.000 EA 2,554
BATTERY, STORAGE - FOR MOTION EQUIP 1.000 EA 970
BELL 2.000 EA 398
BOUTET WELDS 4.000 EA 222
CABLE 550.000 LF 655
' CONDUIT, 4 IN PVC 120.000 LF 114
CONTROL TRANSFER UNIT 1.000 EA 828
CROSS TIES, NO 1 - 9 FT 72.000 EA 1,159
FILTER FABRIC 156.000 SY 390
FLASHING LIGHT SIGNAL, 2-WAY 2.000 EA 3,212
FUEL AND SUPPLIES 0.000 LS 150
FULL DEPTH SEC XING 64FT, 112-119 LB 1.000 EA 2,921
GATE W/FLASHER, 27-32FT 2.000 EA 10,481
HXP SYSTEM A 2.000 EA 13,686
LENS, 70 DEGREE 4.000 EA 40
LOCAL GATE WIRING 1.000 EA 1,622
METER SERVICE, AERIAL CONNECTION 1.000 EA 195
RELAY HOUSE, 4X6 FT 1.000 EA 3,630 •
SHUNT, NARROW BAND 2.000 EA 416
SIGN, 24-A WHISTLE POST 2.000 EA 33
SPARE PARTS, AXC MODULES 1.000 EA 945
SPARE PARTS, HXP SYSTEM A 1.000 EA 4,639
TRACK CONNECTION KIT ' 1.000 EA 187
HANDLING 3,148
TRANSPORTATION 1,074
TOTAL MATERIAL 5'7,936
OTHER
EQUIPMENT - OUTSIDE 750
METER SERVICE COSTS 500
STABILIZATION BY C.T.B. 3,105
WORK TRAIN 1,200
EQUIPMENT RENTAL 5,305
TOTAL OTHER 10,860
BILLING AND ACCOUNTING 1,096
CONTINGENCIES 11,070
TOTAL ESTIMATED COST $121,767
THE A.T.AND S.F. RY CO. i ..C .
CHIEF ENGINEER SYSTEM-CHICAGO .1Ex H i 8 rr C.
DATE: JULY 3, 1987
FILE: 76-008-00908-1
s.71';10177,4CATemr"WWw,ANIFIMAMMIIIII2IrTirr"lirreffr--fr"7-Mctrril'---r--- -r-l.c.-e.--fli-e
U
EX IBIT, N. A, .
44* 14‘4 ,=., • 's .4.4,,t .
A ...1.... ATTACHED 'TO CONTRACT BETWEEN
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
AND
ciry 0, 14014,1(
. ' I
' .
CHICAGO,v44.44 ILL
INOIS ' ite.Q.W12713 -
SCALE: 1 IN. TO/00 FT. I CHIEF ENGINEER I
/VOA'TN,CAM/ity,t '- Div. J DESCRIPTION APPROVED
AVAP/S-'4-4-4014tv" 't'.i.SUI31)1.V. . ,, ;,,ti 4.4-4U,,,'At ,";•••=1,-'r44101 r4
i ot.A07-, ,,, -i:* ':,'*: ' -
, s
DATE: /why291581 •A.
4
014#4.01,4 A.,v4ex,e, _ , , . - - , liv-v...fq,-.4 - - ‘ - •,-., - ° . ., . al
--,...i „, A,, ^ 1 c'tAt , - *At.1...• T •-$t .• ,-.:4 400,- - ,i, .g.,^ 14`,A,,,Aft4 "WC" 4#00,50!,,.' .
k
iv
MR 74# .7074
ti A.-S. .393771.90
.411 •
-""0--7 Zdieilifr 4/C X
o' 49'
, R/W.ime<c•—•
41,411 III• rms..sr• is..• =1..
14)
N.
394 0 ..... f
4/1,47//V Zil'Areil 4
•
› ., .
la 40 ell•1111/0
78
1#11t1
4i.•, .4 7--5->77ir co.A.7-.4*,v m e 4 /3,4-4.0£q
Al 0 RA' 4 0 A?Le-f S ir-0A0 CA'Arectk" A•—/ever
'Ali
7 I* SWovi/dV NAREON SA447.417462,
ft NegA' WY2,/k;
e 04.X•M COUNT)' 77E7tifs C.E. DRAWING NO. 1 -07307
DIV. DWG. NO. DIV. FILE NO. G. M. FILE NO. ..6r/f" ..6-770
CE771
A •• •• .• : .• : .• •• . . •• •• �• •
•
:` CALL
Rm r "wJ ,
11
- T.M.
r`, t = EMERGENCY ik
r AUG 2 61987
August 24, 1987 J IFIRE • POLICE • MEDICAL
Mr. James Johnson
City Manager
City of Wylie
108 South Jackson
Wylie, TX 75098
Dear Mr. Johnson:
Enclosed is the Agreement and Application for Emergency Number Service
(9-1-1. )
The average cost per access line for the citizens of your city will be
.93 cents. The cost then drops to .40 cents after the initial five year
period of the contract.
Please let me know when this item will appear on your council agenda.
If you have any questions regarding this contract, please contact me at
214-659-7692.
Sincerely,
James H. Cowman
E9-1-1 Senior Sales Rep.
"Saves time - saves lives"
ail
INTERNATIONAL PLACE • LAS COLINAS•290 EAST CARPENTER FREEWAY• PO. BOX 152013•IRVING, TEXAS 75015-2013•214/659-7927
CITY OF WYLIE
ENHANCED 9-1-1 SYSTEM
FIVE YEAR CONTRACT
NON-
- RECURRING LEVEL A LEVEL B
1 . CENTRAL OFFICE MODIFICATIONS
1 office x $1 ,700,
$1 ,700 $1 7
2. CLASS SCREENING
TO RESTRICT NON-WYLIE CALLS
1 OFFICE x $2,000 $2,000
6,000 x 57/1(00
* $_=42
_ . DATA BASE DEVELOPMENT
60001 NALs x $2,500 1 ,t)f 0 $15,000
4000 NALs x $75/1 ,000
4. GTE Circuits
3 9-1-1 trunks,
Interofc. mileage,
2 ringdown ckts. ,
opr. O/D lines = $1 ,526
5. PSAP Equipment
ANI system $954 $208
ALI system $733 $424
6. NON-RECURRING PAYOUT
$554
ESTIMATED GRAND TOTAL $20,226 $2, 141 $1 ,520
NON-RECURRING CHARGES $20,226
MONTHLY RECURRING CHARGES (LEVEL A + LEVEL B) $3,761
COST AFTER CONTRACT $1 ,620
* NALs (network access lines) adjusted annually
to reflect actual number of lines.
17-Aug-87 Page 1
CITY COUNCIL MEETING
MINUTES
7 : 00 P. M.
JULY 28, 1987
9// z-,
9-¢-/I9
The Wylie City Council met in regular session on Tuesday,
July 28 , 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
Kent Crane, John Akin, Chris DiTota, Calvin Westerhof, and
Marvin Blakey, Acting City Manager James Johnson , City
Secretary Carolyn Jones, Code Enforcement Officer Roy
Faires , Acting Public Works Director Don White, and
Engineering Department Ron Homeyer .
Mayor Trimble called the meeting to order and Councilman
Westerhof gave the invocation .
APPROVAL OF MINUTES: The minutes of the July 14th , July
16th and July 23rd meetings were submitted for approval .
Motion was made by Councilman Westerhof to approve as
submitted . 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 , and Councilman Blakey - in favor . This motion
carried with all in favor .
APPOINTMENT TO THE ZONING BOARD OF ADJUSTMENTS: This
appointment will be to replace Cecelia Woods who was moved
to the Planning and Zoning Commission. This term will
expire July, 1988 . Motion was made by Mayor Pro Tem Donovan
to appoint Jim Griffin to the Zoning Board of Adjustments .
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 - against ,
Councilman DiTota - in favor, Councilman Crane - against ,
and Councilman Blakey - in favor , This motion carried with
five (5) in favor, and two (2) against .
REDESIGNATION OF INDIVIDUAL FROM SALLINGER, NICHOLS,
JACKSON, KIRK AND DILLARD LAW FIRM TO SERVE AS CITY
ATTORNEY: Since Mr . Jackson has other commitments on
Tuesday nights , it was requested by the Council to
redesignate the city attorney duties to Mr. Robert Dillard
of the same firm as Mr . Larry Jackson . Motion was made by
Councilman Akin to appoint Mr . Robert Dillard as City
Attorney, of the firm of Sallinger , Nichols, Jackson , Kirk
and Dillard . Seconded by Councilman Westerhof . 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, and Councilman Blakey - in
favor . This motion carried with all in favor .
APPROVAL OF AMENDMENT TO ORDINANCE NO. 87-2 SIGN ORDINANCE:
Councilman Crane wanted to know if under Section 6 (b) ,
where it refers to cloth if Council would be limiting
businesses from having the new type of canvass awnings . Mr .
Faires , Code Enforcement Officer , said no , because an awning
would not be advertising . Councilman Crane asked about the
July Jubilee Banner that hangs across Ballard Street . Mr .
Faires said it would be prohibited. Mayor Pro Tem Donovan
wanted to know if they would have to have a special permit
to hang this banner . Mr . Faires said during these special
days , staff would overlook this . Councilman Crane wanted to
know if there would be a time limit or call it temporary for
banners or flags during grand openings . Councilman DiTota
4
are coming into this area. There are some really nice SF 3
subdivision that are not limited and Wylie needs more of
this . Councilman DiTota said he asked this item to be
tabled until he could see what Wylie has for SF 1 and SF 3
and see the balance. Mr. Kinard stated that Wylie had 276
homes built during last year , 75% of these homes are in SF3 .
Fact is a very small percentage is built out in SF2 and SF1 .
I believe you need to look at the market and see what is
selling on market in Wylie. Mr. Kinard also said we need to
look very carefully about zoning , but lets not discriminate
against SF3 houses. This type of development in Birmingham
Farms could stand more SF3 , but we want to move on with this
plat . Councilman DiTota asked Mr. Kinard why they went with
11 different zonings . Mr . Kinard said that is the balance
you are talking about. The Council wanted this zoning for
balance . We worked with the Council and J. T. Dunkin on
this zoning and what would be best for this area. Mr .
Kinard also stated that there is over 100 acres of SF 1 and
SF 2 and he has come forth with the SF 3 plat, done in
accordance with City Ordinances and have spent lots of money
and the Council does not want this zoning . I or any other
developer that comes out here, has to have some faith that
when you zone property, it will be zoned when the plat comes
through. Mayor Trimble asked Mr . Kinard if he had this
faith. Mr . Kinard said if this plat is approved then I will
have faith . Mayor Trimble said we are not questioning your
zoning just because it is you, we need to look at what is
there . Mr . Kinard said if you start back zoning , then no
one knows what is going on, we want good quality
development . Councilman Akin said that what Mr . Kinard said
is true, and he appreciates what Mr . Kinard and his people
are trying to do.
Motion was made by Councilman Westerhof to approve the
preliminary plat for Brimingham Farms Tract 17 . Seconded by
Councilman Blakey. 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, and
Councilman Blakey - in favor . This motion carried with all
in favor .
CONSIDER RESULTS OF THE QUESTIONNAIRE SENT TO THE RESIDENTS
IN KINSINGTON MANOR REGARDING STREET LIGHTS: Mrs . David Orr
of 109 Windsor , stated that she has talked with the people
and had acquired a number of signatures who do not wish to
have a light at this point . I do not believe you received a
good response. One of the lady' s that came before you and
requested this light did not know it would be in the middle
of the block and has signed this petition requesting not to
have the light . Motion was made by Mayor Pro Tem Donovan to
put one light on Fairmont and not put the light on Windsor .
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 ,
and Councilman Blakey - in favor . This motion carried with
all in favor .
APPROVAL OF FINAL PLAT AND ACCEPTANCE OF PUBLIC IMPROVEMENTS
FOR QUAIL HOLLOW II , LOT A: This property is the site of
the new P. M. Akin Elementary School . City Manager James
Johnson said this item will have to be pulled until the lift
stat ion-_d-}-st-r-i t-€iaes---a-r was no action taken
o n,,•t-h i s item.
PRESENTATION OF PROPOSAL BY GTE FOR AN ENHANCED 9-1-1
M ERGENCY REPORTING SYSTEM: Mr . Jim Cowman state at the
en - enc.y system_ i - the surrounding
areas of Wylie. The cost of this system is passed on to the
user and not to the City. It will enhance the response time
on any emergency. There will be an approximate cost of
li eighty-one cents ($ .81 ) per month for this service . It is a
good win situation for the good of the City as well as for
the citizens . A large percentage of your citizens do not
know what number to call for emergencies. I would like to
draw up a contract for the City of Wylie for your
signatures. Mayor Pro Tem Donovan wanted to know if the
legislative acted on the liability on the 9-1-1 . Mr .
Cowan said it does not put all the liability on the city and
it does not put it back on the 9-1-1 system. Mayor Pro Tem
Donovan wanted to know if this 9-1-1 system could be
installed in our new building . Mr . Cowan asked when we
would be in. City Manager James Johnson said we would be in
1 in about 90 days , but there is some extra wiring that is
being put in. Mr . Cowan said the wiring can go in now, and
put the system in as soon as it comes through. Motion was
made by Councilman DiTota to accept the Enhanced 9-1-1
Emergency System. Seconded by Mayor Pro Tem Donovan .
Councilman Crane wanted to know if the fees were passed on
1 to the user , would there still be an initial investment .
IMr . Cowan said you can pay it from your General Fund or roll
the cost to your users .
The vote was as follows : Mayor Trimble - in favor , Mayor
f Pro Tem Donovan - in favor, Councilman Akin - in favor ,
Councilman Westerhof - in favor , Councilman DiTota - in
favor, Councilman Crane - in favor, and Councilman Blakey -
in favor . This motion carried with all in favor .
AUTHORIZATION FOR ACTING CITY MANAGER TO ESTABLISH LINE OF
CREDIT OF $200 ,000 AND AUTHORITY TO EXECUTE PROMISSORY NOTE
FROM FIRST STATE BANK OF WYLIE: City Manager James Johnson
said this has to do with expected cash flow shortage. I
anticipate this cash flow to come about within the next ten
(10) days . Mayor Pro Tem Donovan wanted to see the revised
budget . If the cuts were made do we still need this .
Councilman Akin wanted to know about the $100 ,000 . that was
borrowed . City Manager James Johnson said this was due to
the taxes not coming in. Councilman Blakey asked about the
rate these funds would be needed . City Manager James
Johnson said approximately $50 ,000 by November. Motion was
made by Councilman DiTota to grant authorization for Mr .
Johnson to establish line of credit of $200 ,000 and
authority to execute promissory note from First State Bank
of Wylie. Councilman Ditota also stated this was something
the council does not want to do, but are faced with .
Seconded by Mayor Pro Tem Donovan. The vote was as follows :
Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor,
Councilman Akin - against, Councilman Westerhof - in favor,
Councilman DiTota - in favor , Councilman Crane - against ,
and Councilman Blakey - in favor. This motion carried with
five (5) in favor , and two (2) against .
There being no other business , a motion was made to adjourn
with all in favor .
Chuck Trimble, Mayor
ATTEST:
Carolyn Jones , City Secretary
MEMORANDUM
TO: MAYOR AND COUNCILMEMBERS
FROM: DON WHITE, ACTING DIRECTOR OF PUBLIC WORKS -i 1
RE: DEPOSIT ON VOLLEYBALL/NET
DATE: SEPTEMBER 4 , 1987
The Park and Recreation Board is requesting that a deposit
be required when volleyball and volleyball nets are checked
out when the pavilion is rented . This is for the purpose of
replacing the ball and net if it is not returned . Staff
recommends a $20.00 deposit upon rental of the volleyball to secure its
return. The deposit will be refunded upon return of the volleyball.
41 i ee
CITY OF WY"LIE
108 S. JACKSON — P.O. BOX 428
WYLIE, TEXAS 75098
(214) 442-2236
TO: James Johnson, Acting City Manager
FROM: Don White, Acting Public Works Director tilk/
RE: Parks and Recreation Board Recommendation for Water
Fountain at the Park Pavilion
DATE: September 4 , 1987
Estimated costs for installation and material (contract out)
for the water fountain at the Community Park Pavilion is
between $350 .00 and $400 .00 and furthermore recommend that
since this is a capital item, it be included in the 1987-88
Parks Department budget .
e?
August 6, 1987
Memorandum
To: CCPOA Members
From: Ken Bangs
Reference: September meeting
Summer is over, school is starting and its time to resume our monthly
meetings. The September meeting is secheduled for Thursday, September
24, at the McKinney Holiday Inn.
State Representative Ben Campbell will be our sPeaker. Representative Campbell
will review the action of the legislature during the recent session. This
promises to be a most interesting meeting.
Remember, the meeting starts at 6:30 p.m. with a social hour until 7:30 p.m. ,
dinner at 7:30 p.m. and the speaker at 8:00 p.m.
We need your reservation no later than 10:00 a.m. , Thursday, September 24.
Your may call your reservation to Ms. Jackie Blakely at 578-7120.
Support your associaton by attending and bringing a guest.
C
III
CITY OF VcTYLIE
108 S. JACKSON — P.O. BOX 428
WYLIE, TEXAS 75098
(214) 442-2236
TO : Mayor and Council
FROM: James Johnson, Acting City Manager
DATE: September 5 , 1987
RE: County Bond Program
The following persons have expressed a desire to serve on
the following 1988 Collin County Capital Improvements
Program.
Open Space Committee
John Morgan, P & R Board
D. F. "Skeeter" Whitlow, P & R Board
Transportation Committee
Chuck Trimble, Mayor
Infrastructure Committee
James Johnson, Director of Finance
7I
COUNTY
Department of Public Works
July 3, 1987
James Johnson
Acting City Manager
City of Wylie
P.O. Box 428
Wylie, Texas 75098
Subject : Preliminary Design Schematic
for S.H. 78 from S.H. 190 to S.H. 205
Dear Mr. Johnson:
We have reviewed the Preliminary
S .E. 78. As you know, being Preliminary Schematic Drawingsatic gs
which show the proposed alignment and right-of-way
the plans are intended to g Y limits,
parcels, right-of-waygenerally show affected land
aroegsout its length.
and basic alignment
9 Our review is limited geometryo
parameters. Overall , the concept alignment is satisfactory
to us. The City may want to check 's
transportation plan. with the City's
In order to facilitate engineering design and right-of-
way acquisition within the Cit
the SDHPT if the Cif Y, it would be very helpful to
hormation for those y could provide more right-of-way
iparcels affected within the City.
If you have any questions, please feel free to call me.
Sincerely,
/Rib 7 -�
en Delgado, P.E.
Asst . Director of' Public Works
Engineering
cc: Jerry Hoagland
Clarence Daugherty
Dennis Burn
McKinney. Texas 75069 • (214)548-4616 • 231-7170(Metro)
Proposed Schedule for 1988 Bond Program
June
Meeting of Steering Committee with
chairs of all committees, and sub-
committees and with staff.
July
Commissioners ' Court members complete
submittal of names for Committees
August
• Send out invitations to individuals to
be on Committee and to meet in Sept .
Include proposed list of subjects and
request for priority and desired sub-
committees.
Sept.
(week of Sept. 7) First meeting of full committee to
explain program and divide into sub-
committees.
Sept. 87 - Jan. 88
Sub-committees and full committee meet,
evaluate program and develop
recommendations.
February 1, 1988
Committee submit recommendation to
Commissioners ' Court
March 1, lggg
Commissioners ' Court decide on
proposition and call election
July or August, 1988 Election
1
COLLIN COUNTY 1988 CAPITAL IMPROVEMENTS PROGRAM
CURRENT ORGANIZATIONAL CHART
ISTEERING COMMITTEE .
•
CO-CHAIRPERSONS:
I JERRY HOAGLAND
JACK HATCHELL
-111.11111111111111.1111111.111.117111.11.11.11.111.1"
I
•
•
•
CAPITAL IMPROVEMENTS L
C
PROGRAM COMMITTEE C. DAUGHERTY,
DOSHERTY,RT KHIIH C .M I
C
CO-CHAIRPERSONS: C.
DOMBROWSKI
CHARLES BELEW B.
GLOCK
ED MAHON B. LINDBERG
I.
11
I j FINANCIAL IMPACT &
ANALYSIS LCO
' 1 P. PARKER, AUDIITTOR
F. MEDANICH, ADVIS
R. HUTCHISON. ATTORNEY
I I
•
I
TRANSPORTATION COMM OPEN SPACE COMM INFRASTRUCTURE COMM ;
CO-CHAIRPERSONS: CO-CHAIRPERSONS: CO-CHAIRPERSONS: 1 BUILDINGS COMM
DAVID GRIFFIN ELTA CHANDLER FRANK WALKER CHAIRPERSON.
BOB COLLINS I DON PROESCHEL LEAHRAY WROTEN + STAFF:BILLB KRAMER
I STAFF: C. DAUGHERTY STAFF: B. FRASER B. LINDBERG
I STAFF: I
ROADS SUBCOMM WATER & SEWER SUBCOr'
CHAIRPERSON: CHAIRPERSON:
.... HEALTH FACILITIES SUBCOMM
STAFF: D. BURN
CHAIRPERSON;
I STAFF: STAFF: C. DOMBROWSKI
I
1-1 AIRPORTS SUBCOMM I
CHAIRPERSON: SOLID WASTE SUBCOMM ( ADMINISTRATION SUBCOMM
CHAIRPERSON: j CHAIRPERSON:
STAFF: R. BOSTON..................J ~ STAFF: rl
STAFF: B. LINDBERG
TRANSIT SUBCOMM I •
CHAIRPERSON: ; FLOOD CONTROL SUBCOMM CRIMINAL JUSTICE SUBCOMM t.
I , CHAIRPERSON: ! CHAIRPERSON:
STAFF: R. DELGADO i STAFF: �-•
STAFF: G. RENFRO
TO: Mayor and Council
FROM: James Johnson, Acting City Manage
RE: Budget Workshop and Hearing
DATE: September 5, 1987
Open to suggestion on Budget Workshop, Saturday affair is
how it has been done in the past.
Suggest Budget Hearing date for September 22, 1987. You
may also want to hold a Budget Hearing next week as well.
Latest date to adopt the Budget is by September 27, 1987
to meet City Charter requirements.
NOTICE OF VOTE ON BUDGET
FOR 87-88 YEAR
The City of Wylie will conduct a public hearing on the
proposed 1987-88 Budget September 22, 1987 at 7:00 P.M. ,
at a regular City Council meeting in the Community Room
800 Thomas Street.
A pubilc meeting to vote on the 87-88 Budget will be on
September 22, 1987 Council meeting at 7:00 P.M. at 800
Thomas Street in the Community Room.
Carolyn Jones
City Secretary
CITY OF WYLIE
108 S. JACKSON — P.O. BOX 428
WYLIE, TEXAS 75098
(214) 442-2236
TO: Mayor and Council
FROM: James Johnson, Acting City Manage
DATE: September 5, 1987
RE: Lucas-Wylie ETJ Agreement Joint Resolution
Several months ago, •the Council appointed Mayor Trimble and
Mayor Pro-Tem Donovan as ad hoc City representatives to
negotiate a settlement to the Wylie-Lucas ETJ dispute and
resolve difficulties with the City' s annextion of area in
Lucas ' ETJ. The boundary line has been worked out and the
matters resolved regarding what will be Wylie' s and Lucas'
ETJ areas. The proposal has been rechecked by a consulting
engineering firm (Jones & Boyd) for the City of Wylie,
After approval of the joint resolution, disannextion
proceedings and a City Boundary Agreement between the two
municipalities will be needed to complete the boundaries.
Since the major part of the negotiations were done by Mayor
Trimble and Mayor Pro-Tem Donovan, I will defer to them
regarding questions unless requested .
1/7
o.. ...
... ..
...
...
•
JONES&SOU.MIC.
CONSULTING ENGINEERS
16980 Dallas Partway.Suite 100
Dallas,Texas 75248
214-248-7676
July 31, 1987
OFFICERS:
J.Gregory Bays.P.E
Presrdere
Wayland D Oradat P.E
Vice President Mr. James Johnson
Douglas W Newport PE Acting City Manager
Vice President
City of Wylie
Les St P.E P.O. Box 428
Stephen E Donaldson.R.P.S. Wylie, Texas 75098
Peter S.Boecher.ASLA
Robert R.Steele,P.E.R.P.S.
Re: Wylie-Lucas ETJ Agreement
J & B Job No. WY 501
Dear James:
We have reviewed the joint resolution you provided to us for
resolving the ultimate common boundaries between the two cities.
In comparing the areas to be disannexed as described on page 1
with the city limits description in Exhibit A, there is a dis-
crepancy between the two. With regard to annexation ordinance 86-12,
the resolution states that the first 600 feet south of the north
line of Abstract 303 and the first 3,200 feet east of the west
line of Abstract 303 will be disannexed. The Exhibit A descrip-
tion, however, sets the proposed ultimate city limits along that
line 600 feet south but then runs along the west line of Abstract
303 and not 3,200 feet in. Consequently, Wylie would be dis-
annexing property that Lucas has agreed belongs to Wylie. En-
closed is a sketch noting the difference in descriptions. Also
enclosed are the correspondence and materials you provided us.
On a minor note, the reference in Exhibit A to the D. Farmer
Survey should include its abstract number, 303.
If we can be of further assistance, please let us know.
Sincerely,
JONES & BOYD, INC.
Peter S. Boecher, ASLA
PSB:dlc
Enclosures
7?
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
(Formerly Saner, Jack. Sallinger & Nichols!
AVRtO IAWNSta Attorneys
& Counselloor�s��at Law PRESTON CENTER OFFICE
N M.LOUIS KNOLa 1800 Lincoln Plaza 8222 Doawas Ave. Suits 707
LAWN1[NCt w.JACKSON 500 N. Akard Dams.Taw 75226
TIN clac Dallas, Texas 75201 1210 802-1218
ROstn L DILLARD III
Roacar D.N[N►NILL (214) 954-3333
ROUST C MA4ER
►IT[R S.sumo
ROT L""''`Mors July 17, 1987
DAVID N.MINAS RO5[RT L DILLARD.JR.
JOHN►.RO(N5 NI
Of COUNSEL
SOULS A.STOCIARD
PAN SANDAL[UDASIC
Mr. James Johnson
Acting City Manager
City of Wylie
P. O. Box 428
Wylie, Texas 75098
Re: Lucas-Wylie ETJ Agreement
Dear James:
Enclosed you will find a letter, a Joint Resolution Between the Cities of Wylie
and Lucas, Texas, and other material sent to me by Mr. John Rapier, the City Attorney
for the City of Lucas. I have no problem with the form of the Resolution. The City
Engineers need to make sure that the legal description meets with the Council's approval.
If you have any questions, please give me a call.
Very truly yours,
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
By
Lawrence .,Jackson
LWJ/sb
Enclosures
RAPIER & AssociATEs
A Pwors io,RAL CbwPORATIox
ArroRusY11 AT LAW
509 GRsszrvnas BAzix TorsR
761E Osezzpivrus Avsxus
DAI.1.AS. Tszws 75231
(414)3e9-1944
Jots,K.RAPIER or COL'TitE.
Rzcww*D 0.DANN J .
July 16, 1987
Mr. Lawrence W. Jackson
Attorney At Law
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
RE: Lucas-Wylie Ultimate Boundary
Agreement
Dear Larry:
Please find enclosed a proposed Joint Resolution Between The
Cities Of Wylie And Lucas, Texas, concerning the agreement
between them concerning their ultimate common boundaries. The
Joint Resolution will be on the agenda at the next regularly
scheduled meeting of the Lucas City Council on August 3, 1987.
We hope that the Resolution will be approved by the Wylie City
Council in the very near future.
If you have any suggestions concerning revisions to the
Joint Resolution, please call at your earliest convenience. I
will be out of town until July 27. I anticipate that after the
Wylie disannexations that both cities will sign a City Limits
Boundary Agreement similar in form to the Agreement that Lucas
has with Allen, a copy of which is en _ - • • r information.
1040 y ours
o - . -pie
JER:meb
Enclosures
cc: City of Lucas
Ray Baker
Our File No. 4-16
g
JOINT RESOLUTION BETWEEN THE CITIES
OF WYLIE AND LUCAS, TEXAS
WHEREAS, the cities of Lucas and Wylie, Texas, desire to
establish with certainty their ultimate common boundaries now and
in the future; and
WHEREAS, it is the desire of the cities of Lucas and Wylie
to establish their common extraterritorial jurisdiction boundary
line in accordance with Article 970a Section 3 (B) of the Texas
Revised Civil Statutes, and in order to accomplish this end, the
governing bodies of the cities of Lucas and Wylie have met and
desire to enter into an agreement apportioning, by mutual
consent, that the territory between these two cities and their
overlapping extraterritorial jurisdiction (E.T.J.) ;
THEREFORE BE IS RESOLVED that the common E.T.J. line or
ultimate common boundary of the City of Lucas and the City of
Wylie, Collin County, Texas, is as described in Exhibit "A"
attached hereto and included herein for all purposes as hereby
adopted by the cities of Wylie and Lucas.
BE IT FURTHER RESOLVED that in order to implement this
boundary agreement, the City of Wylie will on or before October
1, 1987 disannex the territory annexed by the City of Wylie in
the following Wylie Annexation Ordinances: 86-42, 86-43 and 86-
44. In addition, the City of Wylie will disannex a portion of
the territory annexed under Wylie Ordinance 86-12 the same being
described as that territory in the first 600 feet south of the
north line of Abstract 303 and that territory in the first 3,200
feet east of the west line of Abstract 303. In addition, the
City of Wylie will disannex a portion of the territory annexed by
Wylie described as that territory in the first 3,200 feet east of
the west line of Abstract 115 to the Lucas-Branch bridge.
BE IT FURTHER RESOLVED that as consideration for this
agreement and the Wylie disannexations described herein, Lucas
will not file suit against Wylie for encroachment on Lucas'
extraterritorial jurisdiction and Lucas will not consent without
Wylie's prior approval of any municipal utility district or any
other similar governmental subdivision that may require Lucas'
consent as a prerequisite for formation in the territory that
Wylie will disannex as heretofore described.
BE IT FURTHER RESOLVED that upon passage of this Joint
Resolution by the City Councils of both Wylie and Lucas, that
both cities will direct their respective City Attorneys to draft
Ordinances and contracts to finalize and implement the Wylie-
Lucas ultimate common boundary agreement.
JOINT RESOLUTION BETWEEN WYLIE AND LUCAS - Page 1 4-12
APPROVED AND SIGNED this the day of
1987.
Gerry Ann Guzman, Mayor, Lucas, Texas
APPROVED AND SIGNED this the day of
1987.
Chuck Trimble, Mayor, Wylie, Texas
JOINT RESOLUTION BETWEEN WYLIE AND LUCAS - Page 2 4-12
EXHIBIT A
DESCRIPTION OF PROPOSED ULTIMATE CITY LIMIT LINE
BETWEEN WYLIE AND LUCAS, TEXAS
BEGINNING at the intersection of the East line of Aztec Trail and
the South line of the LEROY FARMER SURVEY, ABSTRACT NO. 334, the
same being on the boundary line as agreed between the City of
Lucas and the City of St. Paul dated July 17, 1975;
THENCE Northerly along the projection of the East line of Aztec
Trail to the South line of the ORPHA SHELBY SURVEY, ABSTRACT NO.
799;
THENCE Easterly along the South line of the ORPHA SHELBY SURVEY
(A-799) to the Southeast corner thereof;
THENCE Northerly along the East line of the ORPHA SHELBY SURVEY
(A-799) to a point that is 600 feet South of the Northwest corner
of the D. FARMER SURVEY;
THENCE Easterly parallel to and 600 feet South of the North line
of the D. FARMER SURVEY to a point that is 3,200 feet East of the
West line of the D. FARMER SURVEY; and
THENCE Northerly parallel to and 3,200 feet East of the West line
of the D. FARMER SURVEY to a point that intersects the Easterly
extension of the Fairview-Lucas boundary agreement as described
in a Joint Resolution Between The Cities Of Fairview And Lucas
dated March 1, 1977 and filed in Volume 1045 at Page 775 of the
Collin County Deed Records.
JOINT RESOLUTION BETWEEN WYLIE AND LUCAS - Page 3 4-12
2'r)
f , 040J£C7 S/7£
I
_1 i
--(
`. T E X A S 1
CALVIN BOLES ^ +Z
i �/ \
♦3
SURVEY A 28 \ ,'
•
1 :Ev"."'°' m STATE INDEX
`� JOHN S. IrHOMPSON
,..• 16
4112 I THOMAS
1 D. JAMES
t , I ---- I '....'''.7 SEG'
:Ev.r.TaAc., I
.FPRos SEr to•7 AE.1 1 -• ' __—z=g = _ -:��
SURVEY` ?I. SURV_.`1. pf- 477� I A 445
R __ r
• M1410 1\ \41D• ! ,4g07 I I ...IS.
0 se,„: cc
�� [ 7clo AC. 1
i 4<13\ , s� *aid : EIjj
‘; ', BIRCH PART OF PRO;
I� GODMAN DU AS✓r • . g {1RVEY 2' ® RELOCATION C
1. aao it' N0. 22.
Y 4403
1 441$ i � \� SEV.a.73��� � � I
11?-=---- --.:,..--....-.,.. ._.el, .=--'iii---,---71.;--==:II
sEv i.rcoAc. I ' +c �� .,� PROP r ED RELOCATION
FRANCIS W, LAPPS \ iir Ste. SAD N0.24
3o.00.c
1 uv."+t``c PROPOSE}) RELOCATION �� .,
SURVEY
ROAIO NO 2$ r--�, ..) \ 4425 ->_ =/ \�:,
4 25 sEvo�.00 ' �- - i --r-r-14�:Fs.-
.{/ ���' a403 irc,,...,Asc,...L'�1 `. 2 ' 7
I SURVEY •
44II7 � i` " =___- "' (� SEE INSET
i jez •
x:_
Illi
SC/ti3.43 AC SEv. 1111)
• S 443i
ns .c. N /i
u.
1�
i �44 5 4 E8 �9I� 1 4 44� I. D. M. FARMER
E AL
v
•2' •
e.
•4417 ''c� L08 �•-� 1~; SEG.•0•
uu
SIMPSO r 44228ARROW �, 'ct♦ RV Y SEG. •B
L
•
E A-4 �1�, / 1 SURVEY :�
�1 MONTGO'M ERY �
•
MICHAEL MILLIRONS �� l� 1 __
4422 !�II/ , `
SURVEY A-564 2
A-502 RC�==.�- 8ROCKDALE PARK -_�-.------ TRc
3 +I
A-303I4443 !
rORPHA SHELBY �.-/0000...
•
j I
!T SURVEY
•
_� JOSIAH J. TURNHAM \ \ --
5•
08
.\41). .... ......
SURVEY a-799 •`' •
•
SLy 312 Al AC
•Ailt/ 0 . SUR A-919
D.ate+ dr'.,!$
a4n2 ...
LEROY FARMER AIV
3O°•./
0
•
:...............43,
SURVEY
SURVEY . A-334
/` TRPZSEG. •8•i .el
508..6 "5o3.5 L
MARK L. MORRIS TI_
JRVEY A 561 __I A-800 I A-697
—
C.'
IL ..A0J!1C7 vr,
. i
\ ..._
r E x n s 1
t
CALVIN BOLES IN
SURVEY A-28 . •' . k • (:
r_,.........„ -
t-,.....1,
..___
4.
• "'r""'ci � STAT£ INDEX '`'`zi N S.
1 4412 THOMAS D. JAMES
�it
•1 `�� E 0+------ ------------. SEG=
i.
1......s.*-7
4410 ..� (- ---J
E •
1.� ,2v us K. I
\- .-=P-.x--/&ir se -'-'--2'7,1"
SURVEY �' Iz
1,4 SURV . A-477
t` 1 A-445
-- 4410 4407 i _
, \ SIN SS K
uxK I -N
r '
a13 ' r-�•.Te . -j stvsor•c _-
--� `�_ijSt7 !Op O RELOCATIONI'st ,s.:,•c � - - OF ROAD NO.23 `\ 44•I �•'(�.,
- •. yam= stv.,aoo•c. sn.f1.»•c E
MONTGOME- BIRCH PART OF PRO.--
-
GOOMAN OV'45E- -y.;. �• RELOCATION C-
I f��r::saes =_ 5'L== 1.` ,..1
1f;
G 44t5 1� scvin�✓ � ,�stvNtsoK. FI
i �%-iss.:.
4 ` •� •_� D RELOCATION
FRANCIS 4 , APPS , :11-1114‘.1°
`* ;��` 1 NU.2 4
Ai
anoo
ah'.q•.21 K. � ,SURVEY �•`�+ ,.PROPOSE RELOCATION �
-A-..-.-1L.,-,7."-- -IL '' • .. 8:
------ ROAb NO 25 r—� k ,��/` .. r� �ri/
.,
SURVEY �� • / s� �uETiiiii ��•
lli i.
______WEIS] s c. HY- r .t _ — aril
4a18IV: I A=231 ------ �.
192`� 11
445 L.--
1 4421 �' . •, t
E r w .L t
44217 nes � i�J'rZ�• lier
n-270 [rr�� � � ' ;
' 's:c1 �G`, `
u»
•
SIMPSO� ®22BARROW , f'''.-�/ r'4 ./ `, CO r,
1 r7;;
f••44•♦ se /
�• MICHAEI MILLIRONS y`:741,Po. : ' ' ONTGOAI ER; 1 _�
4422 `i I
•-502 TA G
SURVEY A 564 2 /j',i�� _� `'___L
rORPHA SHELBY \'� 70,...7.,
t/� ��j�/;i/�, StFRV Y � `
•
Mb 4 422
IJ,� 7* d•
i ;JOSIAH J. TURNHAM \ 1
•
SURVEY A-7• 24rre
17,
1111111111too.. 410 --. ...--
1 ut ff��11, a7 c4a2
•
al. ,...17 .......POICOMIPINP7 ' • 1..' :6
LEROY FARMER 0.• /
SURVEY
SURVEY A-33a .41 -
r. 1 ."OS• SEG. '!' TRt'
I
50i• -.50i-s
MARK L. MORRIS
SURVEY A-561 --1 A-800 I A-697
—._=; _ _-_=m-- =�'—-
EXHIBIT "A"
BOUNDARY LINE AGREEMENT
BETWEEN
CITY OF ALLEN, TEXAS
AND
CITY OF LUCAS, TEXAS
BEGINNING at the Southwest corner of a 131.772 acre tract owned by Jack Carter reference
Volume 982, Page 273 of the Collin County Deed Records;
THENCE in a southerly direction along the east right-of-way line of the existing and future
F.M. 1378 to the intersection of Rock Ridge Road;
THENCE in a southerly direction along the east right-of-way line of the existing and future
Rock Ridge Road to its intersection with F.M. 2170;
THENCE in a westerly direction along the south right-of-way line of the existing and future
F.M. 2170 to the intersection of F.M. 2551;
THENCE in a southerly direction along the east right-of-way line of the existing and future
F.M. 2551 to the intersection of Bandy Lane.
THE STATE OF TEXAS S
S
COUNTY OF COLLIN S
BEFORE ME, the undersigned authority, on this day personally appeared MICKEY
.9IERSON, Mayor of the City of Allen, Texas, a municipal corporation, known to me to be the
person and officer whose name is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and consideration therein expressed, and in the
capacity therein stated as the act and deed of said municipality.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, A.D., 1983.
[ SEAL ]
Notary Public, State of Texas
My Commission Expires:
Printed or Typed Name of Notary
THE STATE OF TEXAS S
S
COUNTY OF COLLIN S
BEFORE ME, the undersigned authority, on this day personally appeared MILTON
GOSNEY, Mayor of the City of Lucas, Texas, a municipal corporation, known to me to be the
person and officer whose name is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and consideration therein expressed, and in the
capacity therein stated as the act and deed of said municipality.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, A.D., 1983.
[ SEAL )
Notary Public, State of Texas
My Commission Expires:
Printed or Typed Name of Notary
D
CITY LIMITS BOUNDARY AGREEMENT
THE STATE OP TEXAS S
S
COUNTY OF COLLIN S
WHEREAS, the City of Allen, Texas, and the City of Lucas, Texas, acting by and
through their duly authorized representatives, are desirous of entering into an agreement
establishing the ultimate city limit boundary lines between the two municipalities; and,
WHEREAS, each of the two municipalities believes that it is in the best interest of
those persons owning property in and around the current boundary limits of each of the
municipalities if a mutual agreement were entered into establishing ultimate boundary lines
between the two municipalities; and,
WHEREAS, each of the municipalities agrees that proper planning for orderly growth
and development will be enhanced by establishing ultimate boundary lines between the two
municipalities at this time; and,
WHEREAS, each of the municipalities, upon due consideration, enacted a resolution
authorizing its Mayor, with the attestation of its City Secretary, to execute this contract;
NOW, THEREFORE, this contract and agreement, in consideration of the mutual
covenants and agreements contained herein, is made and entered into by and between the City
of Allen, Texas, and the City of Lucas, Texas, to-wit:
L Each party to this agreement, one with the other, agrees that its ultimate
mutual city limit boundary line shall be shown and described in Exhibits "A" and "B" attached
hereto and made a part hereof for all purposes.
IL The extraterritorial jurisdiction of each of the cities to this agreement shall
remain as provided and allowed by the Municipal Annexation Act of 1963, as amended, Article
970(a), Vernon's Annotated Texas Civil Statutes; provided, however, if there should now exist,
or if at any time after execution of this contract there should exist, an overlap of
extraterritorial jurisdiction between the two cities, then in such event, neither city shall have
or make an extraterritorial jurisdiction claim of any portion of the overlapped area which
should lie beyond its ultimate city limit boundary line as established by this agreement; and
this agreement shall constitute a present and continuing waiver by each such city to any such
rights or claims of extraterritorial jurisdiction to any overlapping extraterritorial area which
lies beyond its ultimate boundary.
III. Nothing herein contained is intended to authorize either party hereto to levy or
assess an ad valorem tax on property situated between current city boundary limits and the
agreed mutual ultimate city boundary limits until such time as the property, or a portion
thereof, is legally annexed by one of the parties to this agreement.
N. Each party to the agreement, one with the other, agrees that after the execution
of this agreement by both parties, upon platting of property adjacent or sufficiently near to
the city boundary limit described in Exhibit "A", each city will require the dedication of
right-of-way necessary to implement the existing and future Collin County Thoroughfare Plan
which is described in Exhibit "C" attached hereto and made a part hereof for all purposes.
V. Should any provision of this agreement be declared void by a court of competent
jurisdiction, the remaining provisions of this contract shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto, acting under authority of their respective
governing bodies, have caused this contract to be duly executed, in duplicate originals, each of
which shall constitute an original on the date of their respective acknowledgements.
CITY OF ALLEN,TEXAS
ATTEST: By
Mickey Pierson, Mayor
Marty Hendrix, City Secretary
CITY OF LUCAS, TEXAS
ATTEST: By
Milton Gosney, Mayor
Madelyn McDaniel, City Secretary
. _ � ft ems. ie. it_ is 77/
" Document#9310
cl.n10 _Page 775sf
Vol. JOINT RESOLUTION BETWEEN THE
CITIES
OF FAIRVIEW AND LUCAS, TEXAS
WHEREAS, the cities of Lucas and Fairview, Texas, desire to
establish with certainty their common boundaries; and
WHEREAS, it is in the best interest and welfare of both the
cities of Lucas and Fairview, Texas to establish by agreement their
common boundaries; and whereas a majority of both city councils or
commissions are in favor of this action to establish by mutual
agreement the common boundaries of Lucas and Fairview, Texas .
THEREFORE BE IT RESOLVED that the following is a meets and
bounds description of the common city limit line of the City of
Lucas and the City of Fairview, Collin County, Texas :
BEING located in the Gabe Fitzhugh Survey, Abstract No. 318
the Calvin Boles Survey, Abstract No. 28, said line being describes
as follows:
BEGINNING at the southwest corner of the J. Carter 106 acre
tract and in the center of Farm Road No. 1378;
THENCE in an easterly direction and along the south line of
said Carter tract, more or less, and continuing along this line
and across the Carl J. Thomsen land, in all a distance of 6500 .00
feet, more or less, to the east line of the said Gabe Fitzhugh
Survey and the west line of the said Calvin Boles Survey;
THENCE Continuing in said easterly direction with said line
and across the W. M. Benton, the H. Robertson and the Ray Gant land
a distance of 7800 feet, more or less, to the take line of Lake Lav
and being a total distance of 14, 300 feet, more or less .
BE IT FURTHER RESOLVED that if a real property owner (herein
referred to as "owner") whose property has been divided by the here
described city limit line between the cities of Lucas and Fairview,
Texas petitions the city in which more than one-half of the owner 's
property is located for the annexation of the portion of his
property located outside said city, then the other city in which le.
than one-half of the owner's property is located agrees to waive an:
extra-territorial jurisdiction it may have and agree to the annexat
JOINT RESOLUTION PAGE 1
R-8 92
/
L. and further agrees that if any disannexation proceeding is
•
•
'f commenced for the owner 's property located within the city where
,,Y
; R- less than one-half of his property is located, then said city will
4
;l not oppose such disannexation proceeding.
•
BE IT FURTHER RESOLVED that if a owner has land contiguous
iguous
• with the city limit line described herein or has land that has
been divided by said city limit line and the owner is currently
y
;j • purchasing utilities from the city in which none of his property
1. I p y
or less than one-half of his property is located, and if such
owner petitions the city from which he is purchasing utilities
for annexation of his property within said city, then the city
.:
which is not providing utilities agrees to waive any extra-
territorial jurisdiction it may have and agree to the annexation
by the city which is providing utilities, and said city further
agrees that if any disannexation proceeding is commenced by such
4
an owner that the city not providing utilities will not oppose
said disannexation proceeding.
04
APPROVED AND SIGNED THIS / DAY OF /Yf eOle , 1977
•
Q9t44ZVd4L
t n Vet, Mayor, Fairview, Texas
APPROVED AND SIGNED THIS DAY OF CL1 , 1977
3(447- 2(.14
Mayor, ucas, Tex
L` _10.L �'itt,� - -"-vu/ (, i/,/7 7
JOINT RESOLUTION PAGE 2
R-9
i
ee>" 167'
76 r ¢ 3 -64-t) 4)
SerZtat/ 631r
,�- bibil 5-, w-
4r(
75-4 - 2t- er6 dr-
N GO d-O-t---pLz_<__)
. I
6 5Z
r6
I _ 4.43
cere. 74 7-1- -.07
sle 5:
i Cti/11- Z f/11
c<JJ /-71t.A,
-i!P
V-ite
CITY OP' WY"LIE
108 S. JACKSON — P.O. BOX 428
WYLIE, TEXAS 75098
(214) 442-2236
TO: Mayor and Council
FROM: James Johnson, Acting City Managef /
RE: Draw Down #2 - Line of Credit '/
DATE: September 5 , 1987
At the July 28th meeting , the City Council approved
establishing a line of credit at the First State Bank of
$200 ,000 .00 . Staff set up a line of credit as authorized
with the First State Bank and received authority for Draw #1
on August 7 , 1987 in the amount of $100 ,000 .00 . Based on my
cash flow calculations , which were supplemented by our
auditor cash flow forecast , I am requesting authority to
utilize draw down #2 for the remaining $100 ,000 .00 of the
City' s line of credit for purposes of meeting payroll ,
payables and operating cash needs .
93