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04-14-1987 (City Council) Agenda Packet 1)'O'C •: """7 ot - Es t AGENDA REGULAR MEETING CITY COUNCIL TUESDAY, APRIL 14, 1987 7:00 P.M. COMMUNITY ROOM 800 THOMAS STREET CALL TO ORDER INVOCATION ORDER OF PAGE BUSINESS REFERENCE BUSINESS COUNCIL BUSINESS 1 1-14 Consider approval of minutes. 2 Consider election of Mayor Pro Tem for remainder of 1987-88 Council year. 3 15 Consider letter requesting leave of absence from P&Z Commission from Fred Ouellette. 4 CONSENT AGENDA The following items are to be considered as one item. The Council may move, by motion and 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 separately. If such a request is made, those items will occur in numerical order immediately following the vote on the consent agenda. A. 16-17 Consider approval of tax roll adjustments. B. 18-21 Consider approval of utility easement from Mildred Eaves. C. 22-31 Consider approval of utility easement and gift deed for one acre from Centennial Homes, Inc. , Lakewood Village. PUBLIC READING OF ORDINANCES/PUBLIC HEARINGS 5 32-37 Consider approval of annexation ordinance for 456 acres out of the 0. Shelby Survey, Collin County Abstract 799; Leroy Farmer Survey, Collin County Abstract 334 and J. J. Turnham Survey, Collin County Abstract 919. 6 38-40 Conduct second PUBLIC HEARING on the annexation of 58.9613 acres out of the Francisco de la Pina Survey, Collin County Abstract 688 , commonly known as Wylie Ranch East. 7 41-43 Conduct second PUBLIC HEARING on the annexation of 74.943 acres out of the Wm. Penny Survey, Collin County Abstract 696. 1 ORDER OF PAGE BUSINESS REFERENCE BUSINESS 8 44-46 Conduct second PUBLIC HEARING on the annexation of 4 acres out of the I . i .G.N. Ry. Co. Survey, Collin County Abstract 1059. GENERAL DISCUSSION 9 Citizen Participation 10 Council Discussion 11 ADJOURN 2 MINUTES CALLED CITY COUNCIL MEETING MONDAY, MARCH 23, 1987 The Wylie City Council met in called session on Monday, March 23 , 1987 , in the Community Room at 800 Thomas Street. A quorum was present and notice of the meeting had been posted for the time and in the manner prescribed by law. Those present were Mayor Chuck Trimble, Mayor Pro Tem Joe Fulgham, Councilmembers Cal Westerhof , William Martin, Kent Crane, and Sandra Donovan. Present from the staff were Gus Pappas, City Manager; Larry Jackson, City Attorney; James Johnson, Director of Finance and Barbara LeCocq, Secretary. The meeting was called to order at 7 :07 PM by Mayor Trimble. The Invocation was given by Councilman Kent Crane. ITEM NO. 1 - RECESS OPEN MEETING - Mayor Trimble recessed the open meeting to move into Executive Session under the authority of Article 6252-17 , Section 2 , V.A.C.S. paragraph "e" , consultation between the governmental body and its attorney for the purpose of discussing termination of the existing landfill contract with Moore-BFI , award of franchise constract for sanitation service, and rate increase for sanitation service. ITEM NO. 2 - RECONVENE OPEN MEETING - Open meeting reconvened as required by State statute. ITEM NO. 3 - ADJOURNMENT - Mayor Trimble stated he would now entertain a motion for adjournment. Motion to adjourn made by Councilman Westerhof . Second by Councilman Martin. Meeting adjourned by Mayor Chuck Trimble. Chuck Trimble, Mayor Respe fully submitted: B ara LeC , cretar for Carolyn Jone , City cretary MINUTES REGULAR MEETING CITY COUNCIL TUESDAY, MARCH 24, 1987 The City Ciouncil of the City of Wylie met in regular session on Tuesday, March 24 , 1987 in the Community Room at 800 Thomas Street. Meeting was set for 7 :00 PM. A quorum was present and notice of the meeting had been posted for the time and in the manner prescribed by law. Those present were Mayor Chuck Trimble, Mayor Pro Tem Joe Fulgham and Councilmembers Cal Westerhof , William Martin, Kent Crane and Sandra Donovan. Present from the City staff were Gus Pappas, City Manager; Bill Windham, Director of Public Works; Roy Faires, Building Official; James Johnson, Director of Finance and Barbara LeCocq, Secretary. The meeting was called to order at 7 :16 PM by Mayor Trimble. The invocation was given by Mayor Pro Tem Fulgham. ITEM NO. 1 - APPROVAL OF MINUTES - Mayor Trimble asked for a motion on the approval of minutes. Motion to approve as submitted was made by Councilman Martin and seconded by Councilman Westerhof. Vote was a follows : Trimble - yes; Fulgham - yes; Westerhof- yes; Martin - yes; Crane - yes; Donovan - yes. Motion carried by unanimous vote. ITEM NO. 2 - CALL SPECIAL MEETING APRIL 7 TO CANVASS ELECTION - Mayor Trimble stated he would entertain a motion. Councilmember Donovan made a motion to call for a special meeting on April 7 , to canvass election and to include administering the oath of office to newly elected councilmembers, elect Mayor Pro Tem for the coming year. Motion seconded by Councilmember Westerhof. Vote was as follows: Trimble - yes; Fulgham - yes; Westerhof - yes; Martin - yes; Crane - yes; Donovan - yes. Motion carried by unanimous vote. ITEM NO. 3 - PROCLAMATION FOR MINISTERIAL ALLIANCE - Mayor Trimble read the proclamation and asked for a motion. Councilman Crane made the motion to approve the proclamation of appreciation for the Wylie Ministerial Alliance. Councilman Fulgham seconded the motion. Vote was as follows: Trimble - yes; Fulgham - yes; Westerhof - yes; Martin - yes; Crane - yes; Donovan - yes. ITEM NO. 4 - CONSENT AGENDA - Mayor Trimble explained that the consent agenda consisted of items considered to be without opposition and would be voted on as one item; however, any item on the consent agenda, may for any reason be removed at the request of a Councilmember and considered as a separate item. At that, Mayor Trimble asked for a motion. Councilwoman Donovan said she would like item "e" to be removed and considered separately. Motion was made by Councilman Westerhof to approve the consent agenda with the exception of Item "e" . Motion seconded by Councilman Martin: Vote was as follows: Trimble- yes; Fulgham - yes; Westerhof - yes; Martin - yes; Crane - yes; Donovan - yes. Motion carried by unanimous vote. ITEM NO. "e" AUTHORIZATION TO EXPEND FUNDS FROM WATER/SEWER FUND FOR INTERIM IMPROVEMENTS TO EXISTING WASTEWATER TREATMENT PLANT - Councilwoman Donovan stated that she preferred to see all expenditures for improvements to come before the Council for approval . City Manager Pappas, stated that funds had not yet been approved from the Impact Fund and therefore, expenditures had been made from the regular utility fund, "as of this date, no money has been spent from the Impact Fund" on the improvements to the wastewater treatment plant. City Manager Pappas further stated that staff needs to have the Impact Fund opened in order to make the needed interim capital improvements to the 1 existing wastewater treatment plant. Bringing each item before the Council could and probably would slow the project . He further stated that funds were needed for three purchases to change the clarifier to sludge beds. They are sand, joint and valves, and grate. James Johnson, Director of Finance stated that to date there had been $15,000 expended on capital improvements . Councilman Crane stated that given the urgency imposed by the Texas Water Commission, he (Crane) felt it was necessary to move ahead as quickly as possible. Councilman Crane made a motion to approve the authorization to expend funds from the Impact Fund for interim capital improvements to the existing wastewater treatment plant. Motion seconded by Councilman Fulgham. Vote as follows : Trimble - yes; Fulgham - yes; Westerhof - yes; Martin - yes; Crane - yes ; Donovan - yes. ITEM NO. 5 - CONDUCT SECOND PUBLIC HEARING ON ANNEXATION OF 456 ACRES - MOUSSA TRACT NEAR SEIS LAGOS - Mayor Trimble announced that this was a public hearing on the annexation of 456 acres out of the 0. Shelby Survey, Collin County Abstract 799, L. Farmer Survey, Collin County Abstract 334; and the J. J. Turnham Survey, Collin County Abstract 919. Anyone wishing to speak please state name and address. Public hearing declared open. Ed Wendler, Attorney-at-Law, representing the Moussas. Mr . Wendler stated that the procedures set out by statute for forced annexation had not been followed and had not been followed in the City' s lake annexations. Since those procedures had not been followed, the City' s lake annexations were not valid and therefore, the Moussa property was not within the City' s jurisdiction and therefore not a legal candidate for forced annexation into the City of Wylie. Mr . Wendler further stated that Mr. Moussa had petitioned to be in the ETJ (extra-territorial jurisdiction) of the City of St. Paul . Councilman Fulgham asked how had the City of Wylie violated the State statutes on annexation. Mr . Wendler replied that the required public hearings were not held and further stated that this meeting tonight did not constitute a legal public hearing . Mr. Wendler did not explain or elaborate on his statement. He further stated that there was no service plan as required by law and reiterated that "no public hearing has been held" . This land is not yours." Mr. Wendler further stated that he had taken steps to protect his client from annexation by the City of Wylie. The chair then recognized Stanley Moussa. Mr. Moussa stated that he was uncomfortable being an enemy of the City. He stated that he had received a letter from the City Manager advising him (Moussa) of the City' s intent to annex . Mr. Moussa further stated that since the City did not want him to establish a MUD (municipal utility district) he would not attempt to establish such a district. Mr. Moussa went on to say he only wanted to do a "good job of developing" , a very expensive development. Mr. Moussa further stated that "forced annexation is very distasteful" . The chair recognized Jack Falcon (sp. name not clear on tape) . Mr. Falcon(sp) stated that he had been working with the Moussas for the past nine (9) months and would like to tie this property into Seis Lagos. He (Falcon) further stated that they were about ready to close on this deal and that he does not wish to be a devisive force. He further asked that the Council "please look at this process" . Mr. Falcon went on to state that he plans to include a golf course and other athletic facilities in this development and they would be open to "all people in the area". He (Falcon) further stated that he did not want want to be annexed by the City, his lender might not want to go ahead with the project . 2 3 Mayor Trimble asked if there were any more speakers on this item. Hearing none, Mayor Trimble declared the public hearing on this item closed . ITEM NO. 6 - PUBLIC HEARING ON REQUEST FOR REZONING PORTION OF RUSTIC OAKS IV - Mayor Trimble stated this was a public hearing on the request for rezoning a portion of Section one, Phase IV, Rustic Oaks Addn. from current SF3 and 2F to PD (Planned Development) . Mayor Trimble recognized Bill Raley (sp) developer of Rustic Oaks IV, who stated that would like to change the 2F (duplex) to single family garden homes or "0" lot line homes. Mr . Raley indicated that he was unsure of what the Council needed to hear and how he should present it. City Manager Pappas asked if he might try to clarify the item. Mr. Pappas stated that at the time of the original zoning this section of Rustic Oaks called for a strip of transitional zoning between the multi-family to the south and the SF3 to the north. Further Mr. Pappas stated that the market for 2F had declined and developers were looking for a way to provide this type of transitional dwelling outside the 2F concept with things such as garden homes or "0" lot line homes. The City' s zoning ordinance does not provide for such zonings as each development of this type needs to be looked at individually and in depth; therefore, the Planned Development concept provides an opportunity for this type of housing with the P&Z and Council having the opportunity to look at each one carefully and as a total concept. He further stated that the P&Z had heard this petition and recommends the City Council approve the request. He further stated that the P&Z want to the portion that is currently zoned for SF3 in this section remain SF3. Further , there will be no need for replatting as the 2F section is already platted at half lots. There have been other developments in the City that have requested and received this zoning change and there have been no problems as yet. Mr . Pappas stated that as a point of information, the reason the SF3 section is being included is to meet the acreage requirements of the zoning ordinance for a planned development. Councilman Fulgham stated that the acreage requirements were established as a protective measure to eliminate the opportunity for a land owner to develop an area too small to accomodate standard subdivision development as planned development. Mr . Pappas also stated that the members of the P&Z liked the idea of having garden homes rather than duplex. Councilwoman Donovan asked if there were any problems with accessory buildings. Roy Faires, Building Official responded that there were no problems. Same controls and standards set by ordinance would apply. Mr. Faires further stated that all replies from adjacent property owners had been in favor of this change. Mayor Trimble asked Councilman Crane for his view on this matter . Councilman Crane said he likes this type dwelling. Mayor Pro Tem Fulgham stated that a planned development can be a very nice and attractive area done in five acres or more. Mayor Trimble asked for any further comment or discussion. Hearing none, the Mayor declared the public hearing closed. ITEM NO. 7 - APPROVAL OF ZONING ORDINANCE FOR CHANGE IN RUSTIC OAKS - Mayor Trimble asked for a motion. Mayor Pro Tem Fulgham made a motion to approve the change in zoning as requested in the petition. Councilman Martin seconded the motion. Vote as follows : Trimble - yes; Fulgahm - yes; Westerhof - yes; Martin - yes; Crane - yes; Donovan - yes. ITEM NO. 8 - PUBLIC HEARING ON ANNEXATION OF WYLIE RANCH EAST - Mayor Trimble stated this was the first public hearing on the annexation of 58.9613 acres out of the Francisco de la Pina Survey, Collin County Abstract 688 , commonly known as Wylie Ranch East and declared the public hearing open. City Manager Pappas pointed out the area on the City map and stated that the property owners in this subdivision had expressed a desire to participate in the City' s street reconstruction program. The Council did not wish to offer this program to any area outside the corporate limits of the City and requested that these property owners annex their property before being considered for the street reconstruction program. Twenty-one (21) of the property owners requested voluntary annexation, with the remainder receiving letters from the City of intent to annex their property. Proper notification was given and copies of the City' s service plan included. It was noted by Mr. Pappas that at the hearing held before the P&Z, the City had been requested to send the identical information to those who had requested annexation that were sent to those whose annexation was initiated by the City. Those letters have been sent as requested. Mr. Pappas also stated that the P&Z had heard this petition and recommends approval to the City Council . Mayor Trimble asked for any further discussion. Hearing none, he (the Mayor) declared the public hearing closed. ITEM NOS. 9 & 10 - PUBLIC HEARING ON ANNEXATION OF 74 PLUS ACRES OUT OF W. PENNY SURVEY AND 4 ACRES OUT OF I.& G.N. RY. CO. SURVEY - Mayor Trimble stated these two items were 74 .943 acres out of the Wm. Penny Survey, Collin County Abstract 696 and 4 acres out of the I . & G.N. Ry. Co. Survey, Collin County Abstract 1059 and declared the public hearing open. City Manager Pappas stated that these two items are related and the tracts are adjacent to each other. The reason they are listed as two separate annexations is that they are in two separate surveys. Mr. Pappas then located the tracts on the City map, stating the P&Z had heard the petitions and had voted 3-1 against annexation for the 74+ acres out of Abstract 696 and 2-2 on the 4 acres out of Abstract 1059. The chair recognized William Downs, owner of Tract nos. 40 and 24 out of the Wm. Penny Survey, located on Parker Road north of the City. Mr. Downs said he had spoken before the P&Z and wished to know the Council' s typical response and clarification of the P&Z recommendation. Mayor Pro Tem Fulgham answered that a public hearing before the P&Z is not required for annexation and is done for planning purposes only. Mr. Downs asked if the Council follows the recommendations of the P&Z in such cases? Councilman Martin stated this is only the first public hearing. Mr . Downs stated "I am insulted" . He stated that he objected to the tone of the letter, to the implication that he needed zoning protection from his neighbors or his neighbors from him. Stated that the services of the City would not be available to him for three years and did not want to be a part of the City until such time as they were available. Did not believe the Council should exercise their right to annex property whose owners did not want to be a part of the City. Mr . Downs stated that his desire was for less government not more. Mr. Downs further asked that 4 the Council follow the recommendations of the P&Z in this matter. The chair recognized Joyce Pokrus of 2200 McKee Rd. , St. Paul , owner of the 4 acres out of the I . & G.N. Ry. Co. Survey, Abstract 1059. Mrs . Pokrus stated that she is opposed to the annexation of her property. She does not desire to be in the City of Wylie and does not have any need for the services to be provided by the City. "Please do not annex this property" . Mayor Trimble asked for any further discussion or speakers. Hearing none, the public hearing was closed. Mayor Trimble declared a five minute recess before moving into Item No. 11 - Citizen Participation. Mayor Trimble reconvened the open meeting of the City Council of Wylie. ITEM NO. 11 - CITIZEN PARTICIPATION - Mayor Trimble asked that anyone who desired to speak at this time please keep their remarks to a maximum of two minutes and to please state their name and address. Anyone may speak at this time, provided the topic is relative to this City and its operation. There were no speakers from the audience for this item. ITEM NO. 12 - AUTHORIZATION FOR LETTER OF INTENT TO GTE ON ENHANCED 911 SERVICE - Mayor Trimble introduced John Medaille, representing GTE who made the presentation of explanation of the enhanced 911 emergency service. Points discussed were the reliability of the service, cities where it is now in use or will become active within the next few months; cost to the City; ways of funding the service; capability for expansion; probability of the cost being reduced to the City and citizens in the future with growth. Enhanced 911 system basically operates thusly; when the dispatcher receives a call, the telephone number of the caller and the address (location) of the call are displayed on the screen at the dispatch station. Even if a child calls and cannot rely reliable information, help can be sent by the phone number and address that are automatically displayed in the dispath office. As the City grows, each new address and phone is automatically placed into the system. Changes made in the GTE business office are automatically transmitted to the 911 system each night at the close of the business day. The system has backup systems making it as failsafe as is possible. Councilwoman Donovan asked about placement of liability. Mr . Medaille stated that that would for the legislature to assign, however, at this time, on an interim basis GTE is immunized against liability, unless gross negligence can be determined. Councilwoman Donovan asked if this system has been planned for in the new municipal complex. City Manager Pappas answered in the affirmative. James Johnson asked about the availability of new and more sophisticated software being developed in the future. Mr. Medaille explained that this would be considered normal improvement of the system and there would be no charge for the changes that were made. Mayor Pro Tem Fuigham asked if the GTE system ,is the only system designed for this (Wylie) size of City. Mr. Medaille answered yes. There are other systems but not for our size city. Councilman Westerhof asked if there was a capacity limit with this system. Mr. Medaille answered that the capacity was virtually unlimited. 5 Mayor Trimble said he would like to see the City pursue this in a forward direction. "Its hard to put a price on public safety" . Mayor Pro Tem Fulgham said he would like for the Council to study this matter further . Councilwoman Donovan asked if we would need to do something now in order to include it in the construction of the new building . City Manager Pappas said we would move into the new building with the existing equipment and this system could be added at any time that we might decide to offer this service. Councilwoman Donovan asked James Johnson, Director of Finance if he could see any funding problems. She stated she felt most families would be willing to pay $1 .00 per month for this kind of protection. Mr. Johnson said everything looks favorable. Mayor Pro Tem Fulgham said he would like to see some results from Plano after a few months of their operations. Councilman Martin asked if most cities finance from general revenue. Mr . Medaille said that most cities fund this from a fee on the citizens telephone bill . Plano is funding out of general revenue funds. Councilman Westerhof made a motion that this matter be set aside for sixty (60) days . Motion seconded by Mayor Pro Tem Fulgham. Vote as follows : Trimble - yes; Fulgham - yes; Westerhof - yes; Martin - yes; Crane - yes; Donovan - yes. Motion carried by unanimous vote. ITEM NO. 13 - PRESENTATION BY EVELYN HAMILTON FOR ROGER FINHOLT - Mrs. Hamilton stated that she was asking that the greenbelt area in Lake Ray Hubbard Mobile Home Park be redesignated to the back part of the park since they had built their clubhouse on the greenbelt area shown on the plat. Mayor Trimble asked why this item had not gone before the P&Z before coming to Council? City Manager Pappas explained that a representative of LRHMHP had come into the • City Manager' s office and signed a request to be placed on the agenda and the staff was therefore obligated to place this item on this agenda. However, it was his (Pappas) recommendation that the Council send this item back to the P&Z for review and recommendation. Council took no action. Item will be placed on the next P&Z agenda (April 2) . ITEM NO. 14 - COUNCIL DISCUSSION - Mayor Trimble asked for items of discussion from members of the Council . None of the Council had any items for discussion. City Manager Pappas announced that the City had had a meeting with the Texas Water Commission in Austin. The meeting went well and the TWC had reversed its position that the existing plant must undergo extensive improvement while waiting for the new plant to be built; now TWC' s position is that they want the City to proceed with all speed to build the new plant and keep improvements on the existing plant to the minimum for efficient operation. ITEM NO. 15 SETTLEMENT WITH BFI ON LANDFILL AND CANCELLATION OF LANDFILL CONTRACT - Mayor Trimble asked for motion on this item since it had been thoroughly discussed during the executive session held on March 23rd. Mayor Pro Tem Fulgham made a motion to settle with BFI/Moore for $25 ,000 .00 . Councilman Westerhof seconded the motion. Vote as follows : Trimble - yes; Fulgham - yes; Westerhof - yes; Martin - yes; Crane - yes; Donovan - yes. Motion carried by unanimous vote. ITEM NO. 16 - AWARD FRANCHISE FOR SANITATION SERVICE - Mayor Trimble asked if there were any discussion on this item. Representative of BFI/Moore present. Mr. Pappas stated that City Attorney, Larry Jackson advised that it should be 6 clearly stated in the contract that BFI and Moore Industrial Disposal are the same. Representative from BFI stated that BFI , a publicly held corporation did purchase Moore Industrial Disposal and that Moore is now a wholly owned subsidiary of BFI . Councilwoman Donovan asked why there is such a difference between the rates for Wylie and those in other cities around us. Several rates were quoted and it was noted that many are up for renewal of the contract at which time increases in the rates would be made. James Johnson, Director of Finance stated that he had reviewed the books and that the numbers support such an increase and that BFI has been operating at a substantial loss for many months in Wylie. Councilman Westerhof made a motion to award the contract for sanitation service to BFI . Mayor Pro Tem Fulgham seconded the motion. Vote as follows : Trimble - yes; Fulgham - yes; Westerhof - yes; Martin - yes; Crane - yes; Donovan - yes . Motion carried by unanimous vote. ITEM NO. 17 - APPROVAL OF ORDINANCE INCREASING SANITATION RATES FOR CITY CUSTOMERS - James Johnson, Director of Finance, noted there had been one error made in the ordinance as it appeared in the packet. There should a change in section F to read 4 ft. and 48 inches rather than 3 ft and 36 inches. Mayor Pro Tem Fulgham made a motion to approve the rate ordinance with the change noted by Mr . Johnson. Motion seconded by Councilman Westerhof . Vote as follows : Trimble - yes; Fulgham - yes; Westerhof - yes; Martin - yes; Crane - yes; Donovan - yes. Motion carried by unanimous vote. ITEM NO. 18 - ADJOURNMENT - Councilwoman Donovan made a motion for adjournment, seconded by Mayor Pro Tem Fulgahm. Mayor Trimble declared this meeting adjourned. Chuck Trimble, Mayor City of Wylie Respe fully submitted: bars LeCocq Sec tart' for Ca lyn Jones City Secretary 7 I CALLED CITY COUNCIL MEETING - MINUTES MARCH 30, 1987 7:00 P. M. The Wylie City Council met in a called session on Monday, March 30. 1987 at 7: 00 P. M. in the Wylie Community Room. A quorum was present and notice of the meeting had ben posted in the time and manner required by law. Those present were Mayor Chuck Trimble, Council members William Martin, Calvin Westerhof , Kent Crane and Sandra Donovan, City Manager Gus Pappas, City Secretary Carolyn Jones, Public Works Director Bill Windham, Finance Director James Johnson, I . W. Santry Engineer. Mayor Pro Tem Fulgham was absent. Mayor Trimble called the meeting to order. APPROVAL OF PAYMENT FOR DAMAGES TO RICHARD PARKER FOR SEWER INCIDENT: City Manager Gus Pappas said Mr. Parker has requested a payment in the amount of $277. 62. Most of the bill for damages has been taken care of by Mr. Parker' s insurance, but Mr. Parker is asking for this additional $277. 62. Mr. Parker told Mr. Pappas that he did not want to make a big issue out of this. The City has no legal obligation to honor this claim. This was investigated by the City inspector and by an adjustor. Motion was made by Councilman Martin to pay Mr. Richard Parker $277. 62 for damages. Seconded by Councilwoman Donovan. The vote was as follows: Mayor Trimble - in favor, Councilman Westerhof - in favor, Councilman Martin - . in favor, Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. APPROVAL OF LETTER OF INTENT TO TEXAS WATER COMMISSION ON NEW WASTEWATER TREATMENT PLANT: City Manager Gus Pappas apologized for calling this meeting prior to the election, but the Texas Water Commission wants a reply on the new wastewater treatment plant prior to April 4, 1987. City Manager Gus Pappas said the State has requested the City to have a new wastewater treatment plant ready and on line by February, 1989 and this was not going to be easy to do. Research of the City' s data shows if bonds had to be issued today, it would be very painful on the City of Wylie. Because of this Council should approach this with the fact that time and cost are the biggest problems in this project. The Council must work together as the State has given the City only two years to plan and build this plant. Mr. Santry stated when Texas Water Commission gets the letter of intent, the City will receive a letter with all the stipulations that will have to be done at the old plant. Councilman Martin stated that the Council has no choice but to give TWC a letter of intent. After much discussion on how this could be financed, a motion was made by Councilman Westerhof to send the letter of intent to the Texas Water Commission. Seconded by Councilwoman Donovan. The vote was as follows: Mayor Trimble - in favor, Councilman Westerhof - in favor, Councilman Martin - in favor, Councilman Crane - in favor. and Councilwoman Donovan - in favor. This motion carried with all in favor. City Manager Gus Pappas said that Sachse is questioning the small piece of property that belongs to TP & L and is where Wylie was going to put in a park. Sachse wants this or at least a parking lot on their side for access to the City of Wylie Park. Does Council want to give this small piece of 0 property to Sachse and stop the park at Hooper Road. Council agreed. City Manager Gus Pappas said he met with the city attorney for Luc:us. The reason Lucus is shaped so odd is because they incorporated like that. As far as Moussa' s Mud. Council will have to deal with getting completely involved and fight this mud or give it up and tell St. Paul and Lucus you want no part of it. At our lasting meeting, I ask Mr. Moussa' s attorney to contact our City Attorney, and as of this date he has not contacted Mr. Jackson. There being no other business, a motion was made to adjourn with all in favor . Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary /n CALLED CITY COUNCIL MEETING - MINUTES APRIL 7, 1987 7:00 P. M. The Wylie City Council met in a called session on Tuesday, April 7, 1987 in the Reta and Truett Smith Library. 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 Joe Fulgham, Council Members Calvin Westerhof , Kent Crane, Sandra Donovan, Councilmen Elect John Akin, Marvin Blakey and Christopher DiTota, City Manager Gus pappas, City Secretary Carolyn Jones, and many citizens. Councilman Martin was absent . Mayor Trimble called the meeting to order and Councilman Westerhof gave the invocation. ACCEPTANCE OF RESULTS OF APRIL 4, 1987 CITY COUNCIL ELECTION: Mayor Trimble read the following results from the election on April 4th: Place 1 Election Day Absentee Total Votes Votes Votes John Morgan 311 334 John Akin 428 13 441 Place 3 Ernie Adkins 708 2C 770 Christopher DiTota 436 17 453 Place 5 Randy Gaston 237 20 257 Marvin Blakey 508 18 526 Mayor Trimble read the following to be the new council members: Place 1 - John Akin Place 3 - Christopher DiTota Place 5 - Marvin Blakey Motion was made by Councilman Westerhof to accept the above as the results of the election and the new council members. Seconded by Mayor Pro Tem Fulgham. The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Crane - in favor, Councilwoman Donovan - in favor. This motion carried with all in favor. OATH OF OFFICE: City Secretary Carolyn Jones gave the oath of office to the newly elected Council Members, John Akin, Christopher DiTota, and Marvin Blakey. ELECTION OF MAYOR PRO TEM FOR 1987-88 COUNCIL YEAR: Mayor Trimble requested this item be tabled until a later date. Motion was made by Councilman Akin to table this item. // Seconded by Councilman Blakey. The vote was as follows: Mayor Trimble - in favor. Councilman Akin - in favor . Councilman Westerhof - in favor . Councilman DiTota - in favor, Councilman Crane - in favor, and Councilwoman Donovan - in favor . This motion carried with all in favor to table. Motion was made to adjourn with all in favor. Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary /a MINUTES PLANNING & ZONING COMMISSION REGULAR MEETING THURSDAY APRIL 2, 1987 The Planning and Zoning Commission for the City of Wylie, Texas met in a Regular Meeting on April 2, 1987 in the Community Room at 800 Thomas Street. A quorum was present, notice of the meeting had been posted for the time and in the manner required by law. Those present were: Chairman Brian Chaney, Vice-Chairman Ben Scholz, Bill Chapman, Ken Mauk, R. P. Miller and Jay Davis. Fred Ouellette was absent. Representing the city staff was Gus H. Pappas, City Manager; Roy Faires, Code Enforcement Officer and Amanda Maples. Secretary. The meeting was called to order at 7: 00 p. m. by Chairman Brian Chaney. ITEM NO. 1 - APPROVAL OF MINUTES OF MARCH 19, 1987 - Vice- Chairman Ben Scholz made a correction to the spelling of the word Cotton Belt on Item No. 2, page 2. Vice-Chairman Ben Scholz made a motion to accept the minutes as corrected. Bill Chapman seconded the motion. Motion carried 6-0. ITEM NO. 2 - PRESENTATION REGARDING LAKE RAY HUBBARD MOBILE HOME PARK - The developer. Roger Finholt, is desirous of having the location of the greenbelt area in his park redesignated. Mr. Pappas said that in the original plan, the developer had designated 3 acres as greenbelt area but an office has been placed on one of those lots. Our Mobile Home Park Ordinance does not recognize an office as greenbelt. After studying the plans we found that the minimum square footage for greenbelt is met even with the deletion of the lot that the office is on. The original plan needed 45,500 sq. feet of greenbelt and it provided 53. 819 sq. feet. With the removal of the lot that the office is on the remainder would be 46,313 sq. feet of greenbelt. This board and the City Council must approve any change in the original plans. They do not propose to supplement the removal of this lot with another lot because they are still within their requirements for greenbelt. R. P. Miller asked if this office would be permanent. Mr. Pappas said that as far as our ordinance was concerned it didn ' t matter because the required amount of greenbelt must be in place. Mr. Pappas went on to say that a Mobile Home Park requires a special set of regulations to provide that things are maintained because a Mobile Home Park is not a subdivision and the streets, etc. are not dedicated to the City. If a developer builds streets which are to be accepted by the City. he must build them under our regulations. That does not happen in a mobile home park, usually nothing is dedicated to the City. The mobile home park is responsible for maintaining these things themselves. Mrs. Hamilton. Manager of the Lake Ray Hubbard Mobile Home Park came forward saying that Mr. Finholt was prepared to designate another lot, adjacent to the greembelt area located in the rear of the park, as greenbelt if it is needed to meet the requirement. Bill Chapman made a motion to accept the proposed change without the designation of another lot as greenbelt. Ken Mauk seconded the motion. Motion carried 6-0. ITEM NO. 3 - ADJOURN - Vice-Chairman Ben Scholz made a motion of adjourn the April 2, 1967 Meeting of the Planning and Zoning Commission. Ken Mauk seconded the motion. Motion carried 6-0. Brian Chaney, Chairman Planning & Zoning Commission Respectfully Submitted: Amanda Maples, Secretary /T /7F 7 00 f ir. C7/41 / C"a-'1AltfeA'&e-el o, 7 x fix . cc,�I �a . ao o% go-.-Le,z1 0/ 7t.a.rde.0( ,"-eaure (-7.%:c -fit 9 APR 8 E ��� $L1 4(47 uiooc4o/4w �r- lc/ //.e , T)( 7 - 7? /f F / 1986 TAX ROLL ADJUSTMENTS ***************************** ********************************************* 1986 ASSESSED VALUE 207, 225, 145. Oo 1986 ADJUST. TO ASSESSED VALUE ADD 719. 584. 0u MINUS -1 do 1986 DELETE ASSESSED VALUE FOR UNDER $5. i)0 DUE -15. 064. 00 TOTAL 1986 ASSESSED VALUE AFTER ADJUSTMENTS 06, 676, 5 0. 00 *************************************************************************** 1986 TAX LEVY 1 . 015. 407.. 21 1986 TAX LEVY ADJUSTMENTS .ADD 7, 525. 98 MINUS -6, 140. 2 9 198b TAX LEVY ADJ. FOR TAXES UNDER $5. 00 -73. 82 TOTAL 1986 TAX LEVY W/ADJ. 1 ,012, 714. 98 , G 86 TAX ADJUST. **** ************************************************************************• RECPT. NAME ADDITION 1986 86 ADJUST. TAX NO. VALUATION VALUATION ADJUSTMENT ****************************************************************************** 0000 TEXAS POWER & LIGHT ABST. 835 0. 00 91 . 292. 00 447. 37 0109 ROCHELL LEFEVER MOBILE HOME 20, 066. 00 -20. 066. 00 -98. .72 0171 SHERRY STARNES MOBILE HOME 2. 993. 00 2, 997. 00 14. 67 0270 REALTRON CORP. PERSONAL 1 . 392. 00 -1 , 392. 00 -6. 82 0321 HAIR JAMMER PERSONAL 25, 000. 00 -22, 500. 00 -1 10. 25 0733 WYL I E COMM. HOSP. PERSONAL 500. 000. 00 -227, 742. 00 -1 , 1 15. 94 0439 COKELY AUTOMOTIVE PERSONAL 5. 000. 00 -5, 000. 00 -24. 50 0469 RANDY TURNER PERSONAL 4, 500. 00 -4, 500. 00 -22.05 0471 JOHN BURNS PERSONAL 5, 000. 00 -5, 000. 00 -24. 50 0668 JOHN W. AK:IN BROWN & BURNS 78, 827. 00 -15, 000. 00 -73. 50 0672 WILLIAM HALL BROWN & BURNS 41 , 953. 00 7, 000. 00 34. 30 0777 MER I TTA CA I N CALLAWAY 49, .=70. 00 -15. 000. 00 -77. 50 0964 MATH I S & HAMPTON KELLERS 1ST 12. 058. 00 15. 000. 00 77. 50 1010 H. G. WRIGHT KELLERS 1ST 15, 542. 00 -15, 000. 00 -7.3. 50 1216 NORA WIGINGTON RAILROAD 13. 927. 00 -17, 927. 00 -68. 24 1279 ROMAN CATH. DIOC. RUSSELL 101 . 742. 00 -79, 493. 00 -193.52 2267 DON K:REYMER CREEEK BEND 44, 880. 00 204. 450. 00 1 . 001 . 81 274.= ROY JACOBS JACOBS ADDN. 68, 637. 00 -68. 637. 00 -776. .72 2744 ROY JACOBS JACOBS ADDN. 52, 750. 00 -52. 750. 00 -258. 48 2932 STANLEY MOUSSA ABST. 56 704. 00 70, 096. 00 147. 47 2978 JOHN ERECKSON ABST. 266 46, 471 . 00 -46, 471 . 00 -227. 71 2939 JOHN ERECKSON ABST. 266 540.10 -540. 00 -2. 65 2940 LEDON BRAMLETT ABST. 266 112, 138. 00 -112, 138. 00 -549. 48 2951 LB/WYLIE PROPERTIES ABST. 266 388, 000. 00 -17. 083. 00 -64. 11 2960 VIRGINIA FOOTE ABST. 267 73, 218. 00 -77, 218. 00 -162. 77 2961 VIRGINIA FOOTE ABST. 267 10, 697. 00 -10, 697. 00 -52.42 30.31 ROBERT F. RABER ABST. 688 13, 060.00 26. 9.70. 00 171 . 96 3052 B I RM I NGHAM TRUST ABST. 695 154, 900. 00 -154, 900. 00 -759.01 3126 JACK PARR ABST. 920 1 ,277. 00 -1 . 277. 00 -6. 26 7127 STEVE ANDERHUB ABST. 920 44. 571 . 00 -44, 571 . 00 . 551 .00 -610. 44 3147 JCM PROPERTIES ABST. 98 13U. 400. 00 -126. 5R. i) -620. 14 7149 C C DEVEOPMENT ABST. 1 114 664, 870. 00 -203, 504. 00 -997. 17 7150 C C DEVELOPMENT ABST. 1114 157, 000.00 -170. 00 -0. 83 6001 H H DEVELOPMENT ABST. 1114 0.00 293, 505. 00 1 , 4.:8. 18 6002 GENEV I EVE ELLENBURG FELLERS 2 0. 00 35, 718. 00 17��c . 0_ 6004 DON KREYMER 554 IND. PARK 0. 00 12, 600. 00 61 . 74 TOTAL ADJUSTMENTS 2, 757.043. 00 -577, 551 . 00 -2. 614. 41 AS OF 4-2-87 /7 CITY OF WYLIE UTILITY EASEMENT STATE OF TEXAS COUNTY OF COLLIN KNOW ALL MEN BY THESE PRESENT THAT Mildred Eaves, hereafter termed GRANTOR, whether one or several , of the County of Collin, State of Texas, for and in consideration of the sum of one dollar and no cents ($1 . 00) , and other good and valuable consideration to GRANTOR in hand paid by the City of Wylie, the receipt and sufficiency of which is hereby acknowledged and confessed, have GRANTED and CONVEYED, and do by these presents GRANT and CONVEY unto the City of Wylie the following described tract or parcel of land situated in Collin County, Texas for use as a Utility Easement and being more particularly described as follows: LEGAL DESCRIPTION Being a tract of land situated in the Town of Wylie, Collin County, Texas, and being a part of Lot Number Ten ( 10) in Block Number Six (6) , of the Railroad Addition to the Town of Wylie, as shown by the Map or Plat of said Town of Wylie, duly on record in the office of the County Clerk at McKinney, Collin County, Texas and being a portion of the lot described in a deed from Eula E. Bare to Mildred Eaves and recorded in Volume 916, Page 228 of the Land Records of Collin County, Texas, being more particularly described as follows: BEGINNING at the Southeast corner of the said part of Lot Number Ten (10) , said point lying in the right-of-way line of an alley; THENCE in a westerly direction with the south property line of the said lot, West a distance of 70. 00 feet to a point for a corner, said point being the Southwest corner of the said lot; THENCE in a northerly direction with the west line of the said lot, North a distance of 10.00 feet to a point for a corner; THENCE in an easterly direction parallel to the south line of the said lot, East a distance of 70.00 feet to a point • for a corner, said point lying in the right-of-way of the aforementioned alley; THENCE in a southerly direction with the right-of-way line of said alley, South a distance of 10. 00 feet to the POINT OF BEGINNING and containing 700 square feet of land, more or less. The GRANTEE herein, its successors, and assigns do hereby grant unto the City of Wylie, Texas, its successors and assigns, the above described utility easement, . and we do hereby bind ourselves, our heirs, executors, and administrators to warrant and defend all and singular, the said premises to the City of Wylie against every person whomsoever lawfully claiming • or to claim the same or any part thereof. �/� Witness hand (s) at G�(�' /CJj -vi./•.. ein:/ County, Texas is the V d y of 1987. EASEMENT DRAWING ATTACHED S' THE STATE OF TEXAS COUNTY OF COLLIN BEFOREyy��ME,�a Notary Public in and for Co'4�y� T as, on this day personally appeared �! l�d/ � known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that executed the same for the purpose and consideration herein expressed. GIVEN UND MY ypND AND SEA F OFFICE this the & day of , 19 , NIN ., oeNINCE k�� SePaY iloe G�ik Notary Public, Coun , Texas ,kk\ = My Commi ion expires the / day of .ly, , 19 tomEs .� 14 lit Of Vt'S 19 ��.�. ACCEPTED FOR THE CITY OF WYLIE THIS THE day of 1 19 CITY OF WYLIE Chuck Trimble, Mayor • ATTESTED: Carolyn Jones, City Secretary • Date • • i9 ALLEY (20' R.O.W. ) SOUTH 65.0 110.0 10' UTILITY ESMT.�--- I o • F-- OI In 0 <0 wo I 3 n. NORTH 65.0 110.0 3 N • O Z • CC O CC— CO O t0 N. BALLARD ST. (70' R.O.W.) • EXHIBIT "A" UTILITY EASEMENT II - CITY OF WYZLIE OFFICIAL USE ONLY FINE ESCROIII DEPOSIT OFFICIAL. RECEIPT CODE AMOUNT .OLIO ;+ N: 19172 `� ALIMMSTIIATIVE FEE v.:, / ARIMAI CONTROL �_ _ RECEIVED OF 4 T 1f___7 2 GENERAL FIND / e'r�FEIIMITLw / S ! L ELECTRICAL PERMIT LN DOLLAR PLUMPING PERMIT TRAIN SAO FOR CASE UTILITY F11N0 1 METER DEPOSIT ' AIRY FEES OTHER /0 _ . p RECEIVED SY S TOTAL TOTAL - �i 00 CITY OF WYLIE 108 S.JACKSON ST. — P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 MEMORANDUM DATE: March 16, 1987 TO: Gus H. Pappas. City Manager FROM: I . W. Santry, Jr. . P. E. , City Engineer T SUBJECT: Gift Deed and Utility Easements (Lakewood Village) Attached please find a 1-acre tract of land as a gift deed for the East Ground Storage Site made by the Centennial Arapaho Joint Ventrue in the Lakewood Village development area as planned for the eastern area development of the City of Wylie. This deed has been filed at the Collin County Clerks Office but has not been accepted by the City Council . It is recommended by the Engineering Staff that the land be accepted as deeded and filed. Attached also find three signed copies of a 20-foot easement along the north side of AT&SF Railroad from the East Ground Storage Site westward to Eubanks Road for a utility easement. part of which will serve as an access to the ground storage site. It is recommended that the City Council accept the easement and that it be filed at the Collin County Clerks Office in McKinney. Attachments: Gift Deed - 1 Copy Utility Easement - 3 Copies c � vu J I 4 1653 GIFT DEED THE STATE OF TEXAS § COUNTY OF COLLIN § That it, CENTENNIAL ARAPAHO JOINT VENTURE, a joint venture composed of CENTENNIAL HOMES, INC. and ARAPAHO EAST, INC. , each acting by and through its duly authorized officer, for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and other valuable consideration to the undersigned paid by the Grantee herein named, the recipt of which is hereby acknowledged, have GRANTED, GIVEN and CONVEYED, and by these presents do GRANT, GIVE and CONVEY unto the CITY OF WYLIE, the County of Collin and State of Texas, all of the following described real property in Collin County, Texas, to-wit: BEING 1.000 acre of land, more or less, situated in the Francisco de la Pina Survey, Abstract No. 688 in the City of Wylie, Collin County, Texas, and being more particularly described by metes and bounds in Exhibit "A" attached hereto and made a part hereof for all purposes. TO HAVE and TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said Grantee, its successors and assigns forever; and it does hereby bind itself, its successors, executors and administrators to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. This Deed is made subject to the following restriction: Subject property must be used for a water tower site with three (3) years from date hereof or the property reverts to Grantor. EXECUTED this g'g 4 day of December, 1986. CENTENNIAL ARAPAHO JOINT VENTURE, composed of r• ^.'+n1PM n. ten- � �,/1 1M .. .._ .._ I' =i;! .!!:7M "ES i:.`C S TP= F'.L c CENTENNIAL HOMES, INC. - - „ALID A F...-- FE:::::AL LAW. FRED ROACH, President ARAPAHO EAST, INC. BY: /` /�) 67 7 ( L.- D. BARON COOK, Vice-President Cb Jai FIELD NOTE DESCRIPTION BEING a 1.000 acre tract of land situated in the Francisco de la Pina Survey, Abstract No. 688 in the City of Wylie, Collin County, Texas and being a portion of a 41.645 acre tract of land as recorded in Volume 2096, Page 165 of the Deed Records of Collin County, Texas (DRCCT) and being a portion of a 1.1072 acre tract of land as recorded in Volume 2503 , Page 561 (DRCCT) and being more particularly described as follows: COMMENCING at the point of intersection of the most easterly corner of said 41.645 acre tract of land with the northerly right-of-way line of the Atchison, Topeka and Santa Fe Railroad (150 feet wide at this point) as recorded in Volume 457, Page 256 and Volume 1473, Page 612 (DRCCT); THENCE along the southerly line of said 41.645 acre tract of land and following the northerly right-of-way line of said Atchison, Topeka and Santa Fe Railroad, South 81°51'05" West a distance of 753.30 feet to the POINT OF BEGINNING of the herein described tract of land; THENCE continuing along the southerly line of said 41.645 acre tract of land and the northerly right-of-way line of said Atchison, Topeka and Santa Fe Railroad, South 81°51'05" West a distance of 171.86 feet to a point for corner; • THENCE departing the southerly line of said 41.645 acre tract of land and the northerly right-of-way line of said Atchison, Topeka and Santa Fe Railroad, North 01°46'33" East a distance of 272.12 feet to a point for corner in the northerly line of said 1.1072 acre tract of land; THENCE along the northerly line of said 1.1072 acre tract of land, South 88°13'27" East a distance of 169.29 feet to a point for the northeast corner of said 1.1072 acre tract of land; THENCE along the easterly line of said 1.1072 acre tract of land, South 01°46'33" West a distance of 242.50 feet .to •the POINT OF BEGINNING and containing within these metes and bounds 1.000 acres or 43,560 square feet of land, more or less and being subject to easements of record. Sheet 2 of 2 7/I L 3 0 JL I THE STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the S day of January, 1987 , by FRED ROACH, President of CENTENNIAL HOMES, INC. and D. BARON COOK, Vice-President of ARAPAHO EAST, INC. , Joint Venturers of CEN- TENNIAL ARAPAHO JOINT VENTURE, on behalf of said Joint Venture. cd/ee4.,, 742.44...tj - Notary Public, State of Texas Notary's printed name: My commission expires: LaVerne G. Moore S ,11yC yo `• Auqust 9, 1988 =,hti • �" • • 7� I -• r.` POINT OFF. ' • COMMENCING s �~t=— -- :,. . • -. - ,- .: ... -......- . . _ -,,',.-:7,-.- .::r \ 4(1111:11111 b4 , • ; ! --.-•r • • J. . \ `'� PROJECT ' t - 50 Dop Drop A T 13• . •R.A. ±.} 100� / State Hwy. TI ' ^ i :in,' • :I - .it• j,• !. to Wyll• ,•: : w o•-ir: - .T. ' .,. ,•. ,‘. -. ...... . . -,'ii:-..•e:..L..-- ,•..,. •;•••••••• •,: ., .. '...\; O/0 Hwy. 78 •F; ;- •';* Y, 4.1,;i: :'f• • . '4"1111111111111111111 ••'.. :'..,--::,,i,.-..; •-.1 . • IS..` ".-1 ri .• - . \ • . Location Mop , • :. .. -: '' v • - In �` Q Z 01 N + if:', • tp y ; a 50' Ioo' 1 ti iE ., Q W v► ,. Scale i-. =IOO .�.,. ; t ti. - y .t. - a` • M tr. .y r .. , •i _.i t ,` • , ''., i' <41.... to \ .4- • At 1 : . -,.•iv-. • • 4-`,7Ti .t. 7-4 ! • `'.1.•••1•'.••:91,•• !. :.'• • • .- N \ E 1- - POINT OF • • i. „'r 1.;r. ''•, i-; BEGINNING - • I' L -' • 1 . ; j 4 i;,l. xt .. :Ii ik.1 off•S.01 46 33 W. ).,. .N:C,;242.50'\ " • ip \ E :;: .., ,,, . . . .tp :. aCX, : . . L.,b �.0000 'ACRES ....:._ • .'- ' ,1560sq.f1) . • 3 • V ." N O, • • (at ,, -O w M l0 .:u '' cr Z. t.) i-) \WM N.01°46133"E OW4:. 27 .12a _ • ', a i�. a _�•':�. -�. :' • -N ..;:T. i:•,1::: -. :''' ..' ' -C.c. 1 . , y - ._:-...i. ' •;-. -.., : - .. k i i �ti• 4c� 11 \ "`t• i • ,• t. 2;.: ,:. 41.645 Acres •.: t \... . `i ", Volume 2096,Pog 165 \ \ Scar : I" :.100' Oats:OCT.,1986 ' ' BOUNDARY EXHIBIT Checked-4y L - N O!!! d T. WHITA 1.0000 ACRES n ___ _� KER (�� PAWA•Winkelmann CERTIFICATE OF ACCEPTANCE ACCEPTED FOR THE CITY OF WYLIE, TEXAS , this the day of , 19H • CITY OF WYLIE , TEXAS CHARLES T.' TRINlBLE, Mayor ATTEST : CAROLYN JONES , City Secretary Date � i '�� a� v � r. c�� p. ii�rr i. t ii ii'..• it�..•...... _ H t •Via +! i��f,��ii►Ls1'4i+ii8��::3.:�'^'.�"�= :.� 9�l ►.il .:t e THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS: v _� COUNTY OF COLLIN gm That Centennial Arapaho Joint Venture composed of Centennial Homes, Inc. and ie ._� Arapaho East, Inc . 44L. a I n of the County of Dallas State of T ex a s for and in consideration of 4 the sum of a 4i One and No/100 ($1 .00) DOLLARS, a to us in hand paid by The City of Wylie, P.O. Box 428, Wylie, Texas 75098 a C F� n - m. .. have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said AA" City of Wylie r.� of the County of Coll in , State of Texas , all that certain ti Utility and Drainage Easement as Described in Exhibit "A" Attached , a=a. =: f'- ri=_ o: Ns D fl II- N® _4 v ram- Q :� & i>.„__, g a= !zit TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights »@ and appurtenances thereto in anywise belonging unto the said Ci ty of Wyl i e and its successors. t Idik .30 a: -.0 21 11 and assigns forever; and We do hereby bind Our p= q heirs, executors and administrators, to Warrant and Forever Defend all and singular the said premises ©_ t. • ss unto the said City of Wylie and its successors a e Inc,-zoi • kxi and assi gns, against every person whomsoever lawfully claiming, or to claim the same or any part v` • thereof. E77- s' -43 Witness My hand at Dallas, Texas 2. _© gg this day of A. D. 19 gg Witnesses at Request of Grantor: Centennial Homes, Inc. t'a. a Via, �1_ I,: _a 4 tin �� Arapaho , Inc. 4e e= o A rt :i iss„�ur.wu„ ,II AF VAPPAVYW WS:K 'r raliv 6�i t�v CIl breMP`i AM1172`181 r7fFO'd �{�!�r • !n ��wna A a p q P w n q n n N A A A t}�g n u n a tt an.^.!!a._a P..n�..��«!» A�@�.p:°^......w"n��n,•!«.9.P.P } A 9-A-A-a^..�l:P..9. ir; EXHIBIT "A" FIELD NOTE DESCRIPTION 20 FOOT ACCESS AND UTILITY EASEMENT BEING a 1.1321 acre tract of land situated in the Francisco De La Pina Survey, Abstract No. 688 in the City of Wylie, Collin County, Texas, and being part of a 41.645 acre tract of land conveyed to Centennial Homes Inc. of Texas by deed recorded in Volume 2358, Page 685 of the Deed Records of Collin County, Texas (DRCCT) and being more particularly described as follows: BEGINNING at a point for corner in the northerly right-of-way line of Atchison, Topeka and Santa Fe Railroad (150 foot right-of-way) as recorded in Volume 457, Page 256 and Volume 1473, Page 612 (DRCCT) said point being South 81°51'05" West a distance of 925.16 feet from the most easterly corner of said 41.645 acre tract of land; THENCE following the northerly right-of-way line of said Atchison, Topeka and Santa Fe Railroad as follows: South 81°51'05" West a distance of 1,020.94 feet to the beginning of a curve to the left from which the radius point bears South 08°08'55" East a distance • of 8,644.37 feet; Southwesterly along said curve to the left through a central angle of 05°27'54" for an arc length of 824.52 feet to the point of tangency; South 76°23'11" West a distance of 615.46 feet to the beginning of a non-tangent curve to the left from which the radius point bears South 62°23'00" West a distance of 1,500.00 feet; THENCE departing the northerly right-of-way line of said Atchison, Topeka and Santa Fe Railroad and along said non-tangent curve to the left through a central angle of 00°47'13" for an arc length of 20.60 feet to a point for corner; THENCE departing said non-tangent curve to the left and following a line lying 20 feet north and parallel to the northerly right-of-way line of said Atchison, Topeka and Santa Fe Railroad as follows: North 76°23'11" East a distance of 620.41 feet to the beginning of a curve to the -right from which the radius point bears South 13°36'49" East a distance of 8,664.37 feet; Northeasterly along said curve to the right through a central angle of 05°27'54" for an arc length of 826.43 feet to the point of tangency; North 81°51'05" East a distance of 1,024.44 feet to a point for corner; THENCE South 01°46'33" West a distance of 20.30 feet to the POINT OF BEGINNING of the herein described tract of land; CONTAINING within these metes and bounds 1.1332 acres or 49,362 square feet of land, more or less. SAME _ of ' POINT "cS s) , m � v ' 0 0 ./6' 4 WYLEY ENTERPRISES INC. 581"5I'05"w f�0' (;` by ' ‘O -- O -13 -- -- -- __ iN. MM.?' i •is9.rav • r— CS) : es C7 ). CENTEANAL HOMES/AC.Cr TEXAS �-- -+ r- ---. Z f � r 4/.643 Acres • �� g • � Mums 2338,Pogs683 el(Vf a �- a' • :: x °—�° •.l s R"8,664.37' • I' " -- 1.02 q' _ � - ram- ; .-C T6413.53' " 0.9 / r - \ La826.43 �� 5.81'S1�06 W .,; i.. :• t- ,� /•46'33"11! > cn FE ft 20.30' N ; d"00.4T'l3\ 20 41' (�'�'A POINT AF Z R•�1.500.00' \ g'II'. 46' i"' /.132/ Ac BEGavN/NG T+10.30' N. Z W. 61S da05.27s54" I�.9'3/2 sp. /1.J ,. N76.23,071.'20.60 5.��23II R"8,644.37' ' ..� dr l2'I 40, ow.sw4 T"4/2.57' Rs5.779.ds - , o 11 ,.— Ti622.40' �r ` L•8.Z4.52 ''crr'" L+4Z4OI7' /`� )1111 �� R a N Irk°yo = s x Z-_- i � � + g_ • y \ • 4 . PI'm" ?1 \I° '. ,.. . i? 1 3 CI ILTI1.1 CATE OF ACCEPTANCE ACCEPTED FUh THE CLTY OF WYLIE, TEXAS , this Ike clay of , 198 • CITY OF WYLIE, TEXAS CHARLES T. TRIhIBLE, Mayor ATTEST: CAROLYN JONES , City Secretary Date ANNEXATION ORDINANCE OF THE CITY OF WYLIE, TEXAS ORDINANCE ■O. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ANNEXING THE HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF WYLIE, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF SAID PROPERTY, ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES, ACTS, RESOLUTIONS AND REGULATIONS OF THE CITY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas, finds that the hereinafter described territory is contiguous and adjacent to the corporate limits of the City of Wylie; and WHEREAS, the City has prepared a service plan for the area, a copy of which is attached hereto as Exhibit "A" ; and WHEREAS, after notice was duly given, public hearings on the proposed annexation were held by the City Council all in compliance with Article 978-A, Vernon' s Annotated Civil Statutes of the State of Texas; and WHEREAS, the City Council has concluded that such area should be annexed into and made a part of the City of Wylie, Texas: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the following described territory be, and the same is hereby, annexed into and made a part of the corporate limits of the City of Wylie, Texas, and the same shall hereafter be included within the territorial limits of said City, and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of 1 the City, and shall be bound by the ordinances, acts, resolutions and regulations of the City of Wylie, Texas. Said territory hereby annexed being described as follows: 253 acres out of the Orpha Shelby Survey, Collin County Abstract 799; 138 .0 acres out of the Leroy Farmer Survey, Collin County Abstract 334; and 65.0 acres out of the Josiah J. Turnham Survey, Collin County Abstract 919 , total 456 acres. (Legal description attached as Exhibit "B" . ) SECTION 2. It is the intention of the City to annex only that territory which is legally subject to being annexed by the City and should any portion of the above described territory be not subject to legal annexation by the City of Wylie, Texas, such fact shall not prevent the City from annexing such portion of said territory which is subject to legal annexation by the City of Wylie, Texas. Therefore, if any provision or portion of the territory herein described is held to be invalid by a court of competent jurisdiction, such provision or portion of land shall be deemed as separate, distinct and independent and such holding shall not affect the validity of the remaining provisions of this ordinance or portions of land annexed by this ordinance. SECTION 3. This ordinance shall take effect from and after its passage as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas, this the day of 19 APPROVED: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY 2 EXHIBIT "A' PROVISION OF SERVICES TO LAND ANNEXED INVOLUNTARILY POLICE PROTECTION AND ENFORCEMENT: Immediately following the final vote by the City Council to sign the annexation ordinance, Police protection will be provided to your property. You, as the property owner, and any other person residing on that property shall be entitled to response and enforcement of State and local laws. You may contact the Police of the City of Wylie at 442-2222. Regular patrols will be made of your property and all local ordinances in effect within the city limits of Wylie shall immediately be in effect on your property. You may also expect the enforcement of traffic regulations on your property and its perimeter. Such requests should be expressed to the Chief of Police of the City of Wylie. FIRE FIGHTING & FIRE CODES ENFORCEMENT: Immediately following the final vote by the City Council to sign the annexation ordinance, your property and all structures or buildings which exist on the property annexed will be provided, without charge, fire fighting services. Should a fire of any magnitude occur on your property or in any structure on your property, a call to the City of Wylie Police/Fire number at 442-2222 will cause the fire department to be dispatched to the scene to combat the fire. In addition, new structures and existing structures will be subject to random inspection in order to insure the control of potentially dangerous fire hazards to both yourself and to your neighbors. ZONING AND CODES ENFORCEMENT: Immediately following the final vote by the City Council to sign the annexation ordinance your property will be subject to the enforcement of all the provisions of the current editions of the Uniform Building Code which sets forth basic policies on methods which are approved for new construction and remodeling. Sucb codes cover areas of construction, electrical, plumbing and mechanical and plans for any improvement on your property should be submitted following the date of annexation to the Codes Enforcement Office at City Hall for review and for the issuance of a building permit. There is a fee for this service and it is relative to the cost of the improvement. Zoning is a public process that will begin during the time your annexation is being processed. This action should be final shortly after your annexation is complete. Zoning is a public act by which the governing body of your City designates a particular use for your tract of land in order to provide for the orderly growth of the City. Any use which was in existence on your property prior to the completion of the annexation will be allowed to continue. This concept is called "grandfathered". Under the grandfathered provision, you may continue to use your property in a way that is not consistent with the zoning placed upon it by the public body; however, such use may not be expanded and if the use is discontinued it may not be reinstated. You may indicate, by signing the enclosed forms, any preference which you may have for the zoning designation to be placed upon your property. While you may not have been aware of it, while your property was in the county and was not within the city limits of any city, you did not have zoning protection; thus, your neighbors could have used their property for any purpose which may or may not have been consistent with your use or with the best use of the property in general . Zoning will protect your property and your area from that type of abuse and generally adds both to your personal security and to the value of your property. LIBRARY AND PARKS i RECREATION SERVICES: Upon completion of annexation, you and any residents of the property shall be entitled to the use of the City Library and our various parks and recreational facilities. This segment of our city services are undergoing a great deal of expansion and improvement and although they provide excellent services now, they will provide even greater service opportunities in the near future. Many of these services are provided free of charge to citizens to the City of Wylie, others are provided with the charge of a small user fee. You are entitled to pay the "in-city" rate for these services after your annexation is complete. ANIMAL CONTROL SERVICES: The City provides an animal control service to deal with problems associated with the control of both and large and small animals that either wild or domestic. This service is provided through our Public Works Department which may be contacted by telephone at 442- 7588. On completion of your annexation process, you may contact this office for any questions regarding this service. STREETS & DRAINAGE SERVICES: The City of Wylie operates a department charged with the responsibility of maintaining city streets and keeping existing drainage devices flowing properly. If your property abuts or contains drainage ditches or streets which are under the City' s dominion and control, you may request, upon completion of annexation, that repairs or maintenance be performed upon these public facilities. These requests should be phoned to the Public Works Department at 442-7588. Upon receipt of your phone call and verification of eligibility these requests will be grouped and scheduled for an appropriate work period. Improvements to streets and drainage which are above the simple maintenance level involve a more complicated procedure of prioritizing and, in most cases, some form of financial participation between the City and the adjacent property owner. Should you desire this level of services, you should contact City Hall to discuss what improvements you had in mind and what financial arrangements can be made. WATER SERVICES: The City of Wylie provides potable water service to residents within it's city limits. In certain areas there may be a previously existing legitimate water supply corporation. If such is the case on your property, • then water service has already been provided. The City of Wylie will be happy to assist you in assuring that such provided service is adequate. Should you not be satisfied with services provided by such a water service, please contact City Hall with your complaints. We will be happy to act as an intermediary on your behalf to see what improvements can be made. If service is not currently available, the City, in participation with you and other property owners, will be happy to assemble a plan which provide water service within a reasonable distance from your proeprty. We have several plans available and need only arrange a meeting with you to decide which of the various plans is most suitable for your needs and financial situation. The City has numerous water service points within the area and should have little difficulty providing such service within a reasonable time after annexation. SEWER SERVICES: The City of Wylie owns it's own sewage treatment facility and has divided the City into several large lift station districts. Your property will fall into one of these districts. Sewer service is being extended throughout the City at a rapid rate. In order to obtain sewer services to your property, you will need to contact City Hall following your annexation to discuss the specifics of extending such service. In general there are fees and cost participation associated with initial provision of this service; however, each case is considered unique and only a discussion specifically involving your piece of property will be able to determine your actual fees and the time which will be necessary for such services to be provided. �S� Exhibit "B" A tract of land situated in the County of Collin, State of Texas, being parts of the Orpha Shelby S""rvey, A-799, the Josiah J. Turnham Survey, A-919, the Mark L. Morris Survey, A-561 and the Leroy Farmer Survey, A-334 and being more particularly described as follows: BEGINNING at an iron rod marking the Northwest corner of the Orpha Shelby Survey, A-799, same being the Southwest corner of the Michael Millirons Survey, A-564; THENCE, North 89 deg. 45 min. 09 sec. East, 3007.66 feet along the common line between said Shelby Survey on the South and said Millirons Survey on the North, to a concrete monument marking the Westerly U. S. Government boundary line of Lake Lavon; THENCE, along said Government boundary line, South 03 deg. 55 min. 42 sec. East, 756.58 feet to a concrete monument; THENCE, North 64 deg. 57 min. 24 sec. West, 833.99 feet to a concrete monument; THENCE, South 01 deg. 02 min. 27 sec. West, 549.89 feet to a concrete monument; THENCE, South 70 deg. 27 min. 19 sec. West, 1077.20 feet to a concrete monument; THENCE, South 51 deg. 12 min. 09 sec. West, 1404.85 feet to a concrete monument; THENCE, South 07 deg. 19 min. 53 sec. East, 74.79 feet to a concrete monument; THENCE, North 88 deg. 57 min. 46 sec. East, 2464.97 feet to a concrete monument; THENCE, South 29 deg. 19 min. 00 sec. West, 2603.07 feet to a concrete monument; THENCE, South 88 deg. 57 min. 46 sec. East, 572.93 feet to a concrete monument; THENCE, North 49 deg. 39 min. 26 sec. East, 1753.65 feet to a concrete monument; THENCE, North 61 deg. 56 min. 45 sec. East, 1093.61 feet to a concrete monument; THENCE, South 33 deg. 03 min. 17 sec. East, 1419.83 feet to a concrete monument; THENCE, South 64 deg. 29 min. 44 sec. East, 651.15 feet to a concrete monument; THENCE, South 44 deg. 09 min. 17 sec. West, 470.92 feet to a concrete monument; THENCE, North 76 deg. 08 min. 40 sec. West, 1056.27 feet to a concrete monument; THENCE, South 29 deg. 50 min. 44 sec. West, 904.26 feet to a concrete monument; THENCE, North 79 deg. 22 min. 51 sec. East, 758.14 feet to a concrete monument.; THENCE, South 06 deg. 53 min. 31 sec. West, 907.24 feet to a concrete monument; THENCE, South 74 deg. 31 min. 36 sec. East, 64.46 feet to a concrete monument; THENCE, North 65 deg. 13 min. 40 sec. East, 805.68 feet to a concrete monument; THENCE, South 32 deg. 38 min. 22 sec. East, 297.05 feet to a concrete monument; THENCE, North 84 deg. 11 min. 30 sec. East, 255.88 feet to a concrete monument; 'F_, North 41 deg. 47 min. 01 sec. East, 367.18 feet to a concrete monument; North 77 deg. 18 min. 22 sec. East, 1317.48 feet to a concrete 6 THENCE, South 10 deg. 34 min. 24 sec. West, 600.44 feet to a concrete monument; THENCE, South 65 deg. 36 min. 47 sec. West, 17.19.07fetoaa c crete monument numrnt on the South line of the Josiah Turnham Survey, A-919, being the th line of the Orpha Shelby Survey, A-800; THENCE, leaving said Government boundary line, North 88 deg. 48 .min. 10 sec. West, 649.87 feet along the common line between said Turnham Survey on the North and said Shelby Survey on the South to an iron rod at the Northwest corner of said Shelby Survey same being the most Easterly Northeast corner of the Mark L. Morris Survey, A-561; THENCE, South 00 deg. 14 min. 10 sec. West, 1309.90 feet along the common line between said Morris Survey on the West and said Shelby Survey on the East to a metal corner post of a chain link tence marking the Northeast corner of the St. Paul Catholic Cemetery; THENCE, North 89 deg. 10 min. 46 sec. West, 283.62 feet to a metal corner post marking the Northwest corner of said cemetery; THENCE, South 00 deg. 03 min. 58 sec. West, 283.79 feet along the West line of said cemetery to an iron rod on the North line of St. Paul Road; THENCE, North 89 deg. 47 min. 26 sec. West, 1805.07 feet along the North line of said road to an iron rod; THENCE, South 00 deg. 20 min. 49 sec East, 4.00 feet to an iron rod on the North right-of-way line of FM Highway 2514 (100 feet wide) ; THENCE, South 89 deg. 39 min. 11 sec. West, 1571.30 feet along said right-of- way to an iron rod; THENCE, North 45 deg. 56 min. 20 sec. West, 43.45 feet along a corner cut-off line to a wood post on the East line of Aztec Trail ; THENCE, North 00 deg. 56 min. 20 sec. West, 1823.20 feet to an iron rod at the Northeast corner of Aztec Trail ; THENCE, North 00 deg. 22 min. 34 sec. East, 1884.91 feet to an iron rod in the South line of the Orpha Shelby Survey, A-799; THENCE, South 89 deg. 45 min. 08 sec. West, 1111.40 feet to an iron rod at the Southwest corner of said Shelby Survey, same being the Southeast corner of the Dennis Kinsaul Survey, A-502; THENCE, North 00 deg. 30 min. 52 sec. West,. 4430.33 feet along the common line between said Shelby Survey on the East and said Kinsaul Survey on the West to .. the PLACE OF BEGINNING and Containing 25,830,928 sqaure feet or .592.9988 acres of land. SAVE AND EXCEPT: 136.99 ACRES OUT OF THE MARK L. MORRIS SURVEY ABST. 561 ANNEXATION ORDINANCE OF THE CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ANNEXING THE HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF WYLIE, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF SAID PROPERTY , ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES, ACTS, RESOLUTIONS AND REGULATIONS OF THE CITY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas, finds that the hereinafter described territory is contiguous and adjacent to the corporate limits of the City of Wylie; and WHEREAS, the City has prepared a service plan for the area, a copy of which is attached hereto as Exhibit "A"; and WHEREAS, after notice was duly given, public hearings on the proposed annexation were held by the City Council all in compliance with Article 970-A, Vernon's Annotated Civil Statutes of the State of Texas; and WHEREAS, the City Council has concluded that such area should be annexed into and made a part of the City of Wylie, Texas: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 . That the following described territory be, and the same is hereby, annexed into and made a part of the corporate limits of the City of Wylie, Texas, and the same shall hereafter be included within the territorial limits of said City, and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the City , and shall be bound by the ordinances, acts , resolutions and regulations of the City of Wylie, Texas. Said territory hereby annexed being described as follows: 58 .9613 acres out of the Francisco de la Pina Survey, Collin County Abstract 688 , more commonly known as Wylie Ranch East Addition. Legally described as: BEGINNING at the Southeast corner of the above mentioned 186 .10 acre tract, said point being on the centerline of Old State Highwy 78; THENCE, North 89 degrees, 37 minutes WEst along said centerline of Old State Highway 78, 1450 .0 ft. THENCE, North 0 degrees, 05 minutes West, 1755.63 feet to the beginning of a curve to the left; THENCE, Northwesterly along said curve to the left having a radius of 420 .0 feet, a central angle of 32 degrees, 23 minutes, 35 seconds and a tangent of 121.99 feet, an arc distance of 237 .45 feet to a point of reverse curve; THENCE, Northerly along a curve to the right having a radius of 480.0 feet, a central angle of 32 degrees, 28 minutes, 35 seconds and a tangent of 139.80 feet, an arc distance of 272 .07 feet to a point on the South right-of-way line of State Highway 78 (129.9 feet wide) ; THENCE East along said South right-of-way line of State Highway 78, 60.0 feet to the beginning of a curve to the left having a tangent bearing of SOUTH at this point. THENCE Southeasterly along said curve to the left having a radius of 420.0 feet, a central angle of 32 degrees, 28 minutes, 35 seconds and a tangent of 122.32 feet, an arc distance of 238.06 feet to a point of reverse curve; .THENCE, Southeasterly along a curve to the right having a radius of 488.0 feet, a central angle of 32 degrees, 23 minutes, 35 seconds and a tangent of 139 .42 feet an arc distance of 271.38 feet. THENCE South 89 degrees, 37 minutes East, 1390.0 feet to a point on the East line of the above mentioned 186.10 acre tract; THENCE South 0 degrees, 05 minutes East along said East line of the 186.10 acre tract, 1750.9 feet to the PLACE OF BEGINNING and containing 58.9613 acres of land. SECTION 2 . It is the intention of the City to annex only that territory which is legally subject to being annexed by the City and should any portion of the above described territory be not subject to legal annexation by the City of Wylie, Texas, such fact shall not prevent the City from 2 annexing such portion of said territory which is subject to legal annexation by the City of Wylie, Texas. Therefore, if any provision or portion of the territory herein described is held to be invalid by a court of competent jurisdiction, such provision or portion of land shall be deemed as separate, distinct and independent and such holding shall not affect the validity of the remaining provisions of this ordinance or portions of land annexed by this ordinance. SECTION 3 . This ordinance shall take effect from and after its passage as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas, this the day of 19 APPROVED: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY 34/6 ANNEXATION ORDINANCE OF THE CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ANNEXING THE HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF WYLIE, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF SAID PROPERTY, ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES, ACTS, RESOLUTIONS AND REGULATIONS OF THE CITY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas, finds that the hereinafter described territory is contiguous and adjacent to the corporate limits of the City of Wylie; and WHEREAS, the City bas prepared a service plan for the area, a copy of which is attached hereto as Exhibit "A"; and WHEREAS, after notice was duly given, public hearings on the proposed annexation were held by the City Council all in compliance with Article 970-A, Vernon' s Annotated Civil Statutes of the State of Texas; and WHEREAS, the City Council has concluded that such area should be annexed into and made a part of the City of Wylie, Texas: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 . That the following described territory be, and the same is hereby, annexed into and made a part of the corporate limits of the City of Wylie, Texas, and the same shall hereafter be included within the territorial limits of said City, and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of d/ 1 the City, and shall be bound by the ordinances, acts, resolutions and regulations of the City of Wylie, Texas. Said territory hereby annexed being described as follows : Tract 33-9 consisting of 42 acres; Tract 33 consisting of 1 acre; Tract 40 consisting of 1 .87 acres; Tract 24 consisting of 2 .993 acres; Tract 28 consisting of 5 acres; Tract 29 consisting of 5 acres; Tract 23 consisting of 4 .45 acres; Tract 32 consisting of 1 acre and Tract 25 consisting of 3.92 acres; and Tract 26 consisting of 7 . 71 acres, for a total of 74 .943 acres out of the W. Penny Survey, Collin County Abstract 696. SECTION 2. It is the intention of the City to annex only that territory which is legally subject to being annexed by the City and should any portion of the above described territory be not subject to legal annexation by the City of Wylie, Texas, such fact shall not prevent the City from annexing such portion of said territory which is subject to legal annexation by the City of Wylie, Texas. Therefore, if any provision or portion of the territory herein described is held to be invalid by a court of competent jurisdiction, such provision or portion of land shall be deemed as separate, distinct and independent and such holding shall not affect the validity-of the remaining provisions of this ordinance or portions of land annexed by this ordinance. SECTION 3. This ordinance shall take effect from and after its passage as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas, this the day of 19 APPROVED: MAYOR APPROVED AS TO FORM: ATTEST: City Attorney Carolyn Jones, City Secretary 2 .. • • .,pQQft suItvIIIY - .. • . . • A2.1T•$ _ t 1 amass. • . • . us" , A.; • ihi f ` ?LAKEVIEW MANORS •l 045414,04400.. viol' • • 4-1011 • 1 +s.s«.ynnr • ' ,msss..M y K " : • - ' \ • 34 sr"ue s•.t.r .swu + 1 >vsas+y • b.es-Ili S d M Aimss. • Ulf �� Auf Itl _ _ CO. S_URVE_YI 1 "Zir ."'t " . •'n`+ r "%woo • ammtt.�� • �.N a. • j1.13 At . I1.�1N. Tr Las low ' ii NM . - • /AMU /K 4 ill . • . • • K. V '' •.S. k' I • ' runs .. il- . • sasr• •. • ix goy* 1t rs1• srr �, ;I., irli►iA< . *.wr 4# , if.4t AP 401A1. UV I. • ,MsA 1 p JAssMti at . . 46 41W fits xf•tw UV 91As ram$ rr p=Nl.6.1.1AMa PURVEY • ill! . • . 34 xr.s »slr•s• • sw-4 UMW • s. SHELBY SURVEY . . • • - • . - , . • .. • . . . . ,A=11.39 0 . CENTRAL APPRAISAL DISTRICT •• CAI I IN •COUNTY SCALE : .1' •- 41 • Lf 3 ANNEXATION ORDINANCE OF THE CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ANNEXING THE HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF WYLIE, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF SAID PROPERTY, ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES, ACTS, RESOLUTIONS AND REGULATIONS OF THE CITY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas, finds that the hereinafter described territory is contiguous and adjacent to the corporate limits of the City of Wylie; and WHEREAS, the City has prepared a service plan for the area, a copy of which is attached hereto as Exhibit "A"; and WHEREAS, after notice was duly given, public hearings on the proposed annexation were held by the City Council all in compliance with Article 97e-A, Vernon' s Annotated Civil Statutes of the State of Texas; and WHEREAS, the City Council has concluded that such area should be annexed into and made a part of the City of Wylie, Texas: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the following described territory be, and the same is hereby, annexed into and made a part of the corporate limits of the City of Wylie, Texas, and the same shall hereafter be included within the territorial limits of said City, and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of l56y the City, and shall be bound by the ordinances, acts, resolutions and regulations of the City of Wylie, Texas. Said territory hereby annexed being described as follows: Tract 7 consisting of 4 .0 acres out of the I . i G.N. Ry. Co. Survey, Collin County Abstract 1059 SECTION 2 . It is the intention of the City to annex only that territory which is legally subject to being annexed by the City and should any portion of the above described territory be not subject to legal annexation by the City of Wylie, Texas, such fact shall not prevent the City from annexing such portion of said territory which is subject to legal annexation by the City of Wylie, Texas. Therefore, if any provision or portion of the territory herein described is held to be invalid by a court of competent jurisdiction, such provision or portion of land shall be deemed as separate, distinct and independent and such holding shall _not affect the validity of the remaining provisions of this ordinance or portions of land annexed by this ordinance. SECTION 3. This ordinance shall take effect from and after its passage as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas, this the day of 19 APPROVED: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY 2 g �. 8008E SURVEY' i A-178 MAC S !. fr0i.V LAIEVIEW MANORS #3 • WILLIAMS 8PURGIN 8URV8Y MOTM cif ► A-808 �'o - QtJAI1. CREEK W. 0. PENNY SURVEY ADO.. K- A-826 • • 41.3 • 4112 .. L t NUM 17.MNY .STA( 3- 4 tr.t. uat ET 01 At. *V ?NLA%t weft fD'*Y N • Infa at HI MAC 4 MartAbf /* ,Mtt. 1.06 At ��t�► +'f a0 tW AtttS .01Ac 11.54 10. It w•1. ?' tT 0.1 Ac. M. PHEALAN SURVEY 5 s,,, •% w• «c�...t 0.1 Ac. 8 ,. a 7 'Ws • 10'4r.$ 4A • • • • D. W. WILLIAMS SURVEY A-1021 • - 4/ W