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08-10-1999 (City Council) Agenda Packet NOTICE OF MEETING , Wylie City Council Agenda Tuesday, August 10, 1999 6:00 p.m. - Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North • Wylie,Texas 75098 Item No. Agenda Item Action Taken Call to Order Invocation; Pledge of Allegiance C' izens Pa Ici s ation _ fir r /S! ITEMS FOR INDIVIDUAL CONSIDERATION Public Hearings 1. Hold the second of two Public Hearings for the Annexation of 199.22 Acres of land and being part of the William Patterson Survey, Abstract No. 716, and being the second and third tracts in deed from Amos W. Hood, to Chas. E. Hood, dated November 27, 1940, and recorded in Volume 33, Page 70 of the Deed Records of Collin County,Texas. 2. Hold the second of two Public Hearings for the Annexation of 12.86 Acres of land and being a tract of land situated in the WILLIAM SACHSE SURVEY, ABSTRACT NO. 835, Collin County,Texas, and being all of that certain tract of land conveyed to Jeffrey L.Whitcraft and wife,Maria T.Whitcraft as recorded in File No.93-0088426,Deed Records,Collin County,Texas. 3. Hold the second of two Public Hearings for the Annexation of 5.0 Acres of land and being situated in Collin County,Texas, a part of the Richard D.Newman Survey, Abstract No. 660 and being part of 17.062 acres out of the East portion of a 19.70 acre tract as described in a deed from J.R. Beck, et ux, to R.S. Williams, dated December 20, 1910, recorded in Volume 166,Page 430 of the Collin County Deed Records,Collin County,Texas. 4. Hold the second of two Public Hearings for the Annexation of 1.089 Acres of land and being situated in Collin County, Texas, in the I.& G.N. Railroad Company Survey,Abstract No.1059,and being a portion of the 5 acre tract conveyed as Tract 2 in the deed from Vantage Properties, Inc. to Wylie Northeast Water Supply Corporation recorded in Volume 1187,Page 61,of the Collin County Deed Records, Collin County,Texas. 5. Hold the second of two Public Hearings for the Annexation of approximately 237.421 Acres of land and being all of a tract of land situated in the William Patterson Survey,Abstract No. 716, and also being out of the L..Marshall Survey,Abstract No.594.Collin County.Texas. NOTICE OF MEETING r4771 Wylie City Council Agenda Page of Item No. Agenda Item Action Taken 6. Hold the second of two Public Hearings for the Annexation of approximately 3.823 Acres of land and being a survey of a tract of land in the W.D. Penny Survey, Abstract 696,Collin County,Texas,and being part of a certain 25.679 acre tract as described in deed to L.D.Pearce recorded in Volume 496,Page 268,Deed Records, Collin County,Texas. Consideration of a Resolution 7. Consider and act upon a Resolution supporting Rail Watch and its efforts to educate the public about railroad safety. Tax Rate 8. Consider and act upon accepting the proposed Ad Valorem Tax Rate and calculation of an effective Tax Rate for Fiscal Year 1999-2000. When a proposed rate will raise more revenue than the preceding year, a public hearing must be scheduled. A vote must be taken and the results published in the Wylie News in a notice entitled `Notice of Public Hearing on Tax Increase. Agreement 9. Consider and act upon approval of an Agreement between the City of Wylie and the Kansas City Southern regarding the relocation of sewer lines. Staff Reports Executive Session In accordance with Chapter 551, Government Code, Vernon's Texas Codes Annotated (Open Meeting Law). Section 551.072,Deliberation Regarding Real Property. Reconvene into Open Meeting Take any action as a result of Executive Session. Adjournment. In addition to specifically identified Executive Sessions, Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. Specific sections of the Open Meetings Act will be identified and announced should Council elect to convene into Executive Session. I certify that this Notice of Meeting was posted on this the_day of , 1999 at 5:00 p.m.as required by law in accordance with Section 551.042 of the Texas Government Code and appropriate news media notified. City Secretary Date Notice Removed The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees. Must be requested 48 hours in advance by contacting the City Secretary's Office at 972/442-8100 or TDD 972/442-8170. U,. . ul4cItta WVA:Lta/lAe,gt_ 5 ' ef-ic-b1 ' L__ . •‘.-20 /1,---:la Pivw—iC yP. IQ� a,�, G�n--, PIRA- °� ,%a p/Ly�i-,� • o`er -� /"^-"�' P14 l�C. . ?a-- cGd. - Jim ht - rd._;le. . 8464.,_ nner, .. '14/744 - XIIKPI I Ar 1/1/14- t- - /94,I Z si,i - t-,ik.,,-, ,,I,A .4---e - r 11--.?) p,-d_ ea/ . <_ .9 /I c_ t-7 lc-ri/I-17---5-- -1,,ei-4- : 6641---fr ,-, fi,104(4-a-, o kp - 1 ,ma- ffi,e-p. 5i-x,e_ "tr.--- -- ,: ii, 4:* . /1,. ? ?°- aw- , t-00 a-,- 11744.fw-\/ cpl479 � Rom- � �--- 9z9 -e''''-`- e' . Rto,t,a- r"/ i, - oC V Pik ��. f�,�/�-fi-/ SaGe_ 44E4- //i,7- 4e--- . lef( /I-4/1---ere -iti--,52--d' ' 2-✓) / -c 9 r o ) 6' tom- -214u..z Gw 11-C-t-e---4 �`� 'L Grp � c�� /ssw-P. - �pr / WYLIE CITY COUNCIL AGENDA ITEM NO. I. August 10, 1999 Issue Mold the second of two Public Hearings for the Annexation of 199.22 Acres of land and being part of the William Patterson Survey, Abstract No. 716, and being the second and third tracts in deed from Amos W. Hood, to Chas. E.Hood, dated November 27, 1940, and recorded in Volume 33, Page 70 of the Deed Records of Collin County, Texas. 01. yr- Background In an effort to ensure the goal of protecting the quality of life and the provision of services within the area, the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request, the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings, the governing body of the municipality must conduct two (2) public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing and institution schedule. As your can see, the two (2)public hearings have been scheduled for the August 9, 1999, and August 10, 1999, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for August 31, 1999. Notice published for the first public hearing: July 28, 1999 First Public Hearing: August 9, 1999 Notice published for the second public hearing: July 28, 1999 Second Public Hearing: August 10, 1999 Institution date (Adopt Ordinance): August 31, 1999 Financial Considerations • The current property tax rate for the City of Wylie is .675 per $100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % Other Considerations • Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered, under Section 43.056 of the Local Government Code, for provisions of Services to the annexed area and use it as directed in said statute (see attached service plan). Board/Commission Recommendations N/A Staff Recommendations Approval Attachments Area Map Annexation Ordinance Service Plan Area Map with Numerical Identification& Corresponding Property Owner Listing 44Yv . 22. Prepared by evie by mance City Ma ger Approval Minute Memos Date: Item No: Page: giu, r°,/I414J,id at,41 qJ TX yA Minute Memos Date: Item No: Page: Minute Memos Date: Item No: Page: ! WCAS OTr warts CM MATS I _ , \ 11 uJCAS are uur s Parker Road F.M. 2514 L ./.. ..:=.....___..... _______ rARKER CITY LIMITS - E i _ Panp- _ i H I i_ r I .`'__2'{-—I — 1" - 1000' 2.3 >, PARKER CITY LIMITS<Z"\ J_ ___jj �` 1 Subject Property City Lir^Jts t n AKER CITY LMI 111111111111111101.--0 - 11U1U �1'd' 0 y� 111.111111110 fl ■wuiiIImuv"0 >. a iiiuiilu►►`� In uni11111110,►�< .: i iiiin► ' City Limits /7' /// /,/7/4/ E. J U / 4 4/>:/// i. IlDa\l11111111T11111 ; =..r.,==!Ai,. /•1 11 1 ni/. 4311111111 _ _ _a in.= W1111111111117 7. in...„ .j,.:.�= 1111111!��p��= ►. .mill J�z, -.� �I4 •iiii II „' I�i, �11111111/j - --.��il iiiii1iuii\ "EXHIBIT B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 199.22 ACRES SURVEY, ABSTRACT & COUNTY: William Patterson Survey, Abstract No. 716-2, Tract Nos. 27, 28, 30, 31, 31-9 and 32, Collin County, Texas. Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the"City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department,within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality,will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 1 "EXHIBIT B" 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2)years from the effective date ofthe annexation ordinance,or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations,including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances,shall be provided within this area sixty(60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 2. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings,plumbing,mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty(60)days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning,subdivision,sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty(60)days of the effective date of the annexation ordinance. City planning will thereafter encompass this 2 "EXHIBIT B" property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall,upon dedication to and acceptance by the City,be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies,beginning within sixty(60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications,that street will not be maintained by the City. 3 "EXHIBIT B" 2. As development, improvement or construction of streets to City standards commences within this property,the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property,water mains ofthe City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half(41/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are 4 "EXHIBIT B" connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2)years from the effective date of the annexation ordinance and substantially completed within four and one-half(4'/2)years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60)days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty(60)days ofthe effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten(10)years from the effective date of this Ordinance. 5 PROPERTY OWNER: Parcel 126 A.J. Daugherty 4835 Lawther Drive #706 Dallas, Texas 75214-1843 Parcel 127 Dontron, Inc. P.O. Box 3003 Blue Bell, PA 19422-0735 Parcels 128 and 129 Matthew Butschek 1755 FM 1378 Wylie, Texas 75098-7710 Parcel 130 Frederick Veninga 5531 Ursula Lane Dallas, Texas 75229-6427 9 \.,:' so 00411 (N Cr-I) • __ .I�••WE I _ 8�£t ri .i 1 -44kF•b4 SA 4 4 a4. dF s e •._ a •.4 a 34y 1 ! �aP.1,11.111 ;JI' •,,,, % tsk b@ S. as SSS % q Yap d i4Aaga5. .i ,:+Ni.'5N. ilp . i..,.• � ,,Ito :t , ,, '' as S34 l iF I� p96a "s'P, "44 s a''y'igs's R S3. .. - .5. €i a y F S b .� C;:'.. l%b (kdlgdqdYyC"�!a1(bbl9N''9111 5a:;§! 201J4 6 a 0091:: s iye'ay Y" _..1 rt�, b pd!Pi:i,:lr asl 1 ,� . 1"f; Or ":' ,.u,..=A f:: t fdl,l!I�It: 1%I"P d€I IG'I I NI!'.P i,p fl I.Pn€ l..:ll,l::,,i fP II FGI M! it t.,.II' -.NI' !I kh GlQ q b y !�h N I ��' ' k€ dY!it !I�.r, NPiI!(� I P:.,� ., I,h G I I I f, , , A I ah I. 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N } {:s , >: a..erg, x.^,r I }. .l G d cN€F.G�f,,.P:S s. k,.;, : ..� :_ _.es,,:. - o- a!S4h�r .Yr ra Pi A§� .„4c b Ra f14 k �n tgp k el% y p k ei r Nay, i�f �"T' i'�d 4 a y�.. � N'� G!' �r ��€#a `t�� p �iRR��r" J a � _a, 4, G 9 i N tN pill eu ll Nn !�� E �NIGn ��i Ily iU J — --� :' axP VN LNG x pPNG„ T E 410 --. (--.7 ,- ,...—.1.1„, : E.k s o ;', "yJ94 M J rN�O. µjL4 ...'a o o I I , P I'� �I,I1i �l 1 xwYn1 1:: rimi rX rmi --1 \ -\ I .......nnum�d=��- :: sl!wn An �� w I WYLIE CITY COUNCIL AGENDA ITEM NO. & • August 10, 1999 Issue Hold the second of two Public Hearings for the Annexation of 12.86 Acres of land and being a tract of land situated in the WILLIAM SACHSE SURVEY, ABSTRACT NO. 835, Collin County, Texas, and being all of that certain tract of land conveyed to Jeffrey L. Whitcraft and wife, M ria T. craft as recorded in File No. 93-0088426, Deed Records, Collin County, Texas. h IILTr Background In an effort to ensure the goal of protecting the quality of life and the provision of services within the area, the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request, the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings, the governing body of the municipality must conduct two (2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing and institution schedule. As your can see, the two (2)public hearings have been scheduled for the August 9, 1999, and August 10, 1999, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for August 31, 1999. Notice published for the first public hearing: July 28, 1999 First Public Hearing: August 9, 1999 Notice published for the second public hearing: July 28, 1999 Second Public Hearing: August 10, 1999 Institution date (Adopt Ordinance): August 31, 1999 Financial Considerations • The current property tax rate for the City of Wylie is .675 per $100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % Other Considerations • Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered, under Section 43.056 of the Local Government Code, for provisions of Services to the annexed area and use it as directed in said statute (see attached service plan). Board/Commission Recommendations N/A Staff Recommendations Approval Attachments Area Map Annexation Ordinance Service Plan Area Map with Numerical Identification& Corresponding Property Owner Listing Prepared by Review by Finance City Manager Approval Minute Memos Date: Item No: Page: Minute Memos Date: Item No: Page: Minute Memos Date: Item No: Page: •.\ ie. 11111171111 1" - woo. --,° I / / %.tomai -/7,7; -1/ lillital lia 1- III iimmeriiiP-ii mil =mummy City Limits // ,4" J (..... . ., hen_ Subject Property E. "EXHIBIT B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 12.86 ACRES SURVEY, ABSTRACT & COUNTY: William Sachse Survey, Abstract No. 835, Tract Nos. 18 and 18-9, Collin County, Texas. Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the"City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty(60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department,within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality,will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 1 "EXHIBIT B" 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2)years from the effective date ofthe annexation ordinance,or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations,including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances,shall be provided within this area sixty(60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 2. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings,plumbing,mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty(60)days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning,subdivision,sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty(60)days of the effective date of the annexation ordinance. City planning will thereafter encompass this 2 "EXHIBIT B" property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall,upon dedication to and acceptance by the City,be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies,beginning within sixty(60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications,that street will not be maintained by the City. 3 "EXHIBIT B" 2. As development, improvement or construction of streets to City standards commences within this property,the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property,water mains ofthe City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half(41/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are 4 "EXHIBIT B" connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two(2)years from the effective date of the annexation ordinance and substantially completed within four and one-half(41/2)years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60)days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty(60)days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten(10)years from the effective date of this Ordinance. 5 PROPERTY OWNER: Parcel 181 Timothy Johnson 932 Hooper Road Wylie, Texas 75098-7046 1 i 1I r I 1 i 1l` I I -- . 1 I ' 1 II 1 i f 1 m ,ems MI! RimIS M \ \ SW _ __. % t ........_ -- f2:1,-Liai 1 / / 1 i___. r ---J --r- a 1 7 // I i____ : ] 1 St►� Kn,d } J : 1 11 g IL \ / I L � � Ti- L � 1.-:// I 11ir°" 'ill 1 I I I I 1 I 1 1 i 1 1 1 1 1 City Limits ___J 1 1 j 1 4_4.,::-t--;,-...-:F=•:. .. . diyf Y% S' :jJti _ . ] `: -1_yy-t:4-4.]t xH4y _+::-.v =:A;;", - ..... rfi reY �- -� ri 1rei J L + It 1 1 I :rrnrmimioni .._ 1 I i 1 I _l ; I l II 1 1 TP I I WYLIE CITY COUNCIL AGENDA ITEM NO. 3 August 10, 1999 Issue Hold the second of two Public Hearings for the Annexation of 5.0 Acres of land and being situated in Collin County, Texas, a part of the Richard D. Newman Survey, Abstract No. 660 and being part of 17.062 acres out of the East portion of a 19.70 acre tract as described in a deed from J.R. Beck, et ux, to R.S. Williams, dated December 20, 1910, recorded in Volume�166,Page 430 of the Collin County Z'� Deed Records, Collin County, Texas. ' ' Ah- !/- =Jr G� 2 ``— Background In an effort to ensure the goal of protecting the quality of life and the provision of services within the area, the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request, the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings, the governing body of the municipality must conduct two (2) public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing and institution schedule. As your can see, the two (2)public hearings have been scheduled for the August 9, 1999, and August 10, 1999, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for August 31, 1999. Notice published for the first public hearing: July 28, 1999 First Public Hearing: August 9, 1999 Notice published for the second public hearing: ' July 28, 1999 Second Public Hearing: August 10, 1999 Institution date (Adopt Ordinance): August 31, 1999 Financial Considerations • The current property tax rate for the City of Wylie is .675 per $100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries• The City will also be required when the annexation is considered, under Section 43.056 of the Local Government Code, for provisions of Services to the annexed area and use it as directed in said statute (see attached service plan). Board/Commission Recommendations N/A Staff Recommendations Approval Attachments Area Map Annexation Ordinance Service Plan Area Map with Numerical Identification& Corresponding Property Owner Listing 4,71 In -JAL CtaA(-4 Prepared by Revie by Finance City Manager Approval Minute Memos Date: Item No: Page: 1917/14,Pal - -a (ilP5t-pid- Minute Memos Date: Item No: Page: Minute Memos Date: Item No: Page: Minute Memos Date: Item No: Page: Minute Memos Date: Item No: Page: I -- fir 41 �.-ems. `,no11.4111 1�� ,4l 11I 1, 1 nu • /1 r auumi.Hu--------- • k _ _. NW , i •4 Fv es 0 CD 1" — 1000' � • :��.` `�A a i �.•••, ,,1111111, Subject Property '" `° 't if ' Q I/ I. e-- lin , it -I G G y �` � v Hensley Lone . Z �o - '• MI 4 tel: --, # tiiiirnnI«i)u»>iir/\ 1�� - illlllaull till,n A 1UlIIIIIlll 111111I 4. ; 'UUUUU mu 44 \\UUUU\11//44 • .11llll/llll_ • 111ll11111111r \11° "EXHIBIT B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 5.0 ACRES SURVEY, ABSTRACT & COUNTY: Richard E. Newman Survey, Abstract No. 660, Tract Nos. 13 and 14, Collin County, Texas. Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the"City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty(60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department,within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality,will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 1 "EXHIBIT B" 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2)years from the effective date ofthe annexation ordinance,or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations,including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances,shall be provided within this area sixty(60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 2. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings,plumbing,mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty(60)days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning,subdivision,sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty(60)days of the effective date of the annexation ordinance. City planning will thereafter encompass this 2 "EXHIBIT B" property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall,upon dedication to and acceptance by the City,be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies,beginning within sixty(60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications,that street will not be maintained by the City. 3 "EXHIBIT B" 2. As development, improvement or construction of streets to City standards commences within this property,the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property,water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half(41/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are 4 "EXHIBIT B" connected to City mains will be maintained by the City of Wylie beginning within sixty(60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2)years from the effective date of the annexation ordinance and substantially completed within four and one-half(41/)years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60)days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty(60)days ofthe effective date ofthe annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten(10)years from the effective date of this Ordinance. 5 PROPERTY OWNER: Parcels 3 and 4 Michael Morris 2065 E. Stone Wylie, Texas 75098-6810 j \ , Q, <K\71 _ i f___________F __ r_____________ _ , I 2.\ // - j f!, l 4r l lit ih, Li i,��. sa —�` Sanden Boulevar earLO -- \ „..,... 1,--, \ 1 ` r c-, „re. nt., \ \ ,s.,\, ' , _— win ur r a \^ :0.x—A ! 1 :-.2 ...I r,,,,.. 4,... .... / \ / 1 r„.... 00 ..„1:, .... \ \ \ ti I". ::----- S... \ p , ri. ,„„ ________ ... , ,...2 , „,/ I \ ______ Iff � ��r° \,� . . II e "'#1.-S'.:\ \ ) _- 6_,,, , ,r-J-L. us \._ im `0 ,�' C� OOP IMO 111.,: Cl units ��1111��1 r( � lIlltire fi�illl��: p �� / - " 00 .1 I A11111 11 1® -\\< 'ice _ iti r., WYLIE CITY COUNCIL AGENDA ITEM NO. 4. August 10, 1999 Issue Hold the second of two Public Hearings for the Annexation of 1.089 Acres of land and being situated in Collin County, Texas, in the I.& G.N. Railroad Company Survey, Abstract No. 1059, and being a portion of the 5 acre tract conveyed as Tract 2 in the deed from Vantage Properties, Inc. to Wylie Northeast Water Supply Corporation recorded in Volume 1187, Page 61, of the Collin County Deed Records, Collin County, Texas. 2 , ,/I a'C LLS- crave -U-i-j • � = Background In an effort to ensure the goal of protecting the quality of life and the provision of services within the area, the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request, the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings, the governing body of the municipality must conduct two (2) public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing and institution schedule. As your can see, the two (2)public hearings have been scheduled for the August 9, 1999, and August 10, 1999, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for August 31, 1999. Notice published for the first public hearing: July 28, 1999 First Public Hearing: August 9, 1999 Notice published for the second public hearing: ° July 28, 1999 Second Public Hearing: August 10, 1999 Institution date (Adopt Ordinance): August 31, 1999 Financial Considerations • The current property tax rate for the City of Wylie is .675 per $100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % Other Considerations • Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered, under Section 43.056 of the Local Government Code, for provisions of Services to the annexed area and use it as directed in said statute (see attached service plan). Board/Commission Recommendations N/A Staff Recommendations Approval Attachments Area Map Annexation Ordinance Service Plan Area Map with Numerical Identification& Corresponding Property Owner Listing Prepared by Revie by mance City Manager Approval Minute Memos Date: Item No: Page: a ;the-date-- /3V au- .1 e 110Lc � Minute Memos Date: Item No: Page: Minute Memos Date: Item No: Page: Minute Memos Date: Item No: Page: 1 i' n\i_ . 2. I II [ l � • i Subje t Property i i Ei-J Line City Limits ` 41 117 C.ii.", 1i�S 1" - 1000' ~f1111111111,11111 ,IiU ■MK■ : II 1111111011111 - - . ami . - - _ _- �:-- =..-..-- t. II -I 111111 r.. R.-. ... ... .. = 4-- / LL 14 `= -.2.--... • • ;■ ■ HIIU1 : I A)B um-1mm' orr-7.4wwpff;it amilizrz = un =,=].......=.=4,:, = ow 19-114.640.114,-.A. 0. ...oil. nom 11. 71-- I..L.. Imr:-'-=mmil°1"'•I' es Ng iiii �� r--- Mid/► X - •.- _- — —■.► ��- :■.:C.I ►►t ilia" , — __! B'_=i %%% .• ---i-' ►'!I►►. .�-.1 , is04- a':::1/.i■ —■■ ..— _ _• a - =„7. ' �1111i1��lfl1l� i/111�/i Tra r �1 11/►�=� 1111111111��'�I■IIIiJ � d7 ..r 1-1-- r::.-Niali1111 � - -47: A1111111111111: 1111 -m MO— ■" :pl1 ■r Al t-� -I. t1 1111111II /11111111111111.1 !I ■\ 107 f ll�'1111111�11111r i S A�/11111111�i1?11t Co .dlllll a11II,III IIIIIII! �JIII n i i� 11111111111111�� qJ I _.��l„,„.... II!".JUIIII„gmL-IIIIIIIII L i III1 IU. = ��M �-1gr; u ' — WM \\ Ik. ke iii A i• FIN III=MI.121iNtimilir '404 ill Es-LE i -,--11.m.-cr . : in riiiira* _ ;7.11.i ... 'airmallinli - : „"r� . . _• � l• L IE i � _ � - "EXHIBIT B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 2.911 ACRES SURVEY,ABSTRACT&COUNTY: I.&G.N.Railroad Company Survey,Abstract No. 1059, Tract No. 7, Collin County, Texas. Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the"City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department,within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality,will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 1 "EXHIBIT B" 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2)years from the effective date ofthe annexation ordinance,or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations,including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances,shall be provided within this area sixty(60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 2. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings,plumbing,mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty(60)days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning,subdivision,sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty(60)days of the effective date of the annexation ordinance. City planning will thereafter encompass this 2 "EXHIBIT B" property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall,upon dedication to and acceptance by the City,be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty(60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications,that street will not be maintained by the City. 3 "EXHIBIT B" 2. As development, improvement or construction of streets to City standards commences within this property,the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property,water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half(41/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are 4 "EXHIBIT B" connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two(2)years from the effective date of the annexation ordinance and substantially completed within four and one-half(41/2) years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60)days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty(60)days ofthe effective date ofthe annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten(10)years from the effective date of this Ordinance. 5 PROPERTY OWNER: Parcel 102 Jesus Espinoza 2237 Country Club Drive Plano, Texas 75074-3582 Aug1099 3. _ ) g72 442 2894� i C'' cw Gyti� tea' e�� itil . 0. 611 If ariSrnitt MAY01t 300 1400Y CITY OF VaLl . FIRM: VQICE:. to , 1yay DATE.. Au�'�t pi1NXpTIUN n` fE�:� —s-."- �EF ' INS THIS COVER V SHEETS INCLUDING Parker �AL SH�� City of TO � the ages Kammel erye att of itP FROM: or David �eCi 1 9 day 11 if You do for inclusion j,nc;l 972� �,�"'68 the Pollowin� within tr Call Please accept n of properties Cu, annexation concerning Pro Rp ning an oftM � Hearing Public on Ci in your Thank you. ETJ of Wylie' s11 A42.8�Pd��R ,�,gt05 V (972)4'42.5511 Cm N n&c%( 1 ROAD PARR'TFJS�`5 7 2 WYLIE CITY COUNCIL AGENDA ITEM NO. 6• August 10, 1999 Issue Hold the second of two Public Hearings for the Annexation of approximately 237.421 Acres of land and being all of a tract of land situated in the William Patterson Survey, Abstract No. 716, and also being out of the L. Marshall Survey, Abstract No. 594, Co 'n County, Texas. //wit` / du4ccA_A_ Background In an effort to ensure the goal of protecting the quality of life and the provision of services within the area, the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request, the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings, the governing body of the municipality must conduct two (2)public hearings at which persons interested in the annexation are given the opportunity ° ` to be heard. In compliance with state law, staff has prepared the following public hearing and institution schedule. As your can see, the two(2)public hearings have been scheduled for the August 9, 1999, and August 10, 1999, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for August 31, 1999. Notice published for the first public hearing: July 28, 1999 First Public Hearing: August 9, 1999 Notice published for the second public hearing: July 28, 1999 Second Public Hearing: August 10, 1999 Institution date (Adopt Ordinance): - August 31, 1999 Financial Considerations • The current property tax rate for the City of Wylie is .675 per $100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % Other Considerations • Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered, under Section 43.056 of the Local Government Code, for provisions of Services to the annexed area and use it as directed in said statute (see attached service plan). Board/Commission Recommendations N/A Staff Recommendations Approval Attachments Area Map Annexation Ordinance Service Plan Area Map with Numerical Identification & Corresponding Property Owner Listing 6`1.6414 Prepared by Revie by inance City Manager Approval Minute Memos Date: Item No: Page: 1 -06 I&kJ- 6�C n c. 77s / qs, 4.4 . 116714437,V71.€4''6 — f Aker• 1)1.15ku4-G _I St/zg 177 /J 2c AZp — 0 any. ..� ,� Arzn WG x dirroan ymeiw-g- /4. H i7 6 sc �, anni/tce , . i5 pvT� r� w//� . 'nle"/iertp�o ft . tu �- � pub i spa rzo 20 scil - �- 1244,73/At liattl, did A/yr ( 7/:°- • /Atzte 914`«a z-e.- p 7 rk . x p o /reszt. - AD /- u:-. ' A a'(J- 6- 1vicv webe ere:ert /7,t, 074 _,-zect; _ COGS r2,67L /fr1t -- k- Bhr- ("ik 4efQq y . 6U- 41 /.6 . s Sieti- /"/lam1 / vt/ áIizzh . Gt/(5d Atifzs fatX Alor 72 - 4 a Minute Memos Date: Item No: Page: -- c4041t, ,DAss,,,. /vta Igo) iilieet‘‘t--Q /7/1aAfm- r fo lkAtkJ. lLrz-oC mc -/c/Accj ,ecs itesp MEmaldptek. 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( fa-• ettcarp--‘, . /2____ c. )--/,(1--/-1,._ sini-t.e_ -Zot•- , - 2 6Q12) At,t___--ilv --------0- \. h4-,t-- 404 , ----- — ------ os-, � . a- � l,)l n14/1-6441,C--5.4( f° per-re& ii 2/(-6 • U12 Iii ()AA] pirlA ' Ag-kte- fi/kot,, , 6 ,67-r,e___,,,,,.) ,____----r ,,,,,7 ,,,, , iy,,,, ,,- , ok .whdrAi,J. i --// /1-9,, /14)1 1..-ez4. ) /-0 --',( ny - . �. 6- ,c/l 44(- ,72/0 _ . /;/--' di 44--'1; /‘' - 1 . ` - . tVd17 .R0 -2 - o�t-1/15" 9, I , - -�-�s 67) �-- 1-)6z7r-ce, 02(rr,/r40-( art, fu s - azits . eifi5 ) 14114/allAct aa_ ' P I'MA - p 1,e112,: _. , r P -%ax,q1-- itri,ti-- --P-vee-f 44 -e-e--- - . ,___ / ,___ A, 4. :2314/Li_ rP° `- /dz(.__,/ 51.38.E V 7 t f c- 4.-a 4- ,9-flv( L- I-1 V- 51tr-s- ' 1 A_'e-- b - Minute Memos Date: Item No: Page: ake/va6- efig/t11--crv(..g ,f/, / afim-a4 phit, &wan-S -Svcs v`-' ar cf4 "ea,t65/O-ec,e, //a474,u,7-'e- ;C -.ems h€ ik en 2 - - MC ion v1 Yr* 1c6' V-Azet-,e-141,-.e- • de?(J :f- 64-4_d k 0/112A In % a - e.k/) 9 hex- f Gnu - �.ci7 h /12-- stee.& sp. rat / h/ro- 1-20,,ex_x Ye-e L:et4) )-- cam' tip%mar- ekkLinpd- hr,t-e__ 56c - /eA /c r7zdim .a4-Ltei - ehe_e_wo emneet_e4e0 . <)( rrCL et 711 et<6 /04. -dk/Gvei - -- 2/ 9 t r4_/%'' idel/ w/hfra- -/-Ad-p -fied- /;-t/ 6e/A/ pt,.6 36—ndfee4 - L4— ft- ‘00_ ee,h C45, ,7 2vz I,.,J., ruyr 4 -4ems fttc- IWCAS CITY LAMSI CITY UYln 1 i 1 1 L ._ wc�s an LIMITS Parker Road / F.M. 2514 //i/r rARKER CITY LIMITS y / �, / /VV f/� /� ) /Itiii/7: /r47,•/ 7," _ ,„,„„,. . // / V/.�1 p , .../ . • /, /, , ,,, , / . . _/ /A / . /I rPARKER CITY LIMITS / /� / ______JJ// / - yziz ;//////,/// ,77 =k• - City Li^1A5 ,^ ZKER CITY LMI SI._ _ ' �� iii i iii►�.�1P� 1_JW.!ii�, ,00 Subject Property • lilliliiiilj��,, G11111111 ;.--- iiillailill04 1111111111111��,�c -.. /p City L rn ,n '1 E E U U cor, �� M li NO. r a T� _]: :%;:�ii` ilt"---. ■.sa's =1='fir. - nnnut• ��unntr/ c_astatine :i, _ _ t1if Siunuulik "EXHIBIT B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDNANCE: ACREAGE ANNEXED: 237.71 ACRES SURVEY, ABSTRACT & COUNTY: William Patterson Survey, Abstract No. 716, Tract Nos. 1, 1-9,2,3,4,5,6, 7, 8,9, 10, 11, 13, 14, 15, 16, 17, 18, 19,20,21,22,23,23-9,24,31,32,33,34,and 35 and also the L. Marshall Survey, Abstract No. 594,Tract Nos. 1,2,3,4,4-9, 7,8, 10, 11, 12, 14 and 15, and all of the Monroe Addition#1 (Dove Creek) Unrecorded Plat,Lots 1 - 25, Collin County,Texas. Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the"City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City,extends police service to any other area of the municipality,will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics oftopography,land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2)years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 1 "EXHIBIT B" 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography,land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance,or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area,the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty(60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty(60) days of the effective date of the annexation ordinance. 2. Inspection services,including the review of building plans,the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City,but not mentioned above,will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty(60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this 2 "EXHIBIT B" property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City,beginning within sixty(60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks,playgrounds,swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance,applicable throughout the entire City, shall apply to this property beginning within sixty(60)days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications,that street will not be maintained by the City. 3 "EXHIBIT B" 2. As development,improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic,commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains,water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions ofthe Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs ofthese extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half(41/) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are 4 "EXHIBIT B" connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. , 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be • commenced within two (2)years from the effective date of the annexation ordinance and substantially completed within four and one-half(41/2)years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60)days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty(60)days ofthe effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten(10)years from the effective date of this Ordinance. 5 PROPERTY OWNER: Parcel 133 Parcel 142 Dimon Marital R.M. Young 5014 Elsby Avenue 2625 FM 1378 Dallas, Texas 75209-3306 Wylie, Texas 75098 Parcel 135 Parcel 143 Alfred F. Monroe Kenneth Ellis 2301 F.M. 1378 2605 FM 1378 Wylie, Texas 75098 Wylie, Texas 75098 Parcel 136 Parcel 144 Michael Nunns Dennis Baum 4425 Whitcomb Way 2505 FM 1378 Wylie, Texas 75098-7723 Wylie, Texas 75098 Parcel 137 Parcel 145 John Potoschnilz Bobby Mitchell 6944 Taylor Lane P.O. Box 503 Wylie, Texas 75098-7720 Wylie, Texas 75098-0503 Parcel 146 Parcels 138, 147, and 148 Donald Anderson Thomas Pilon 419 Ballard 6935 Taylor Lane Wylie, Texas 75098 Wylie, Texas 75098-7721 Parcel 149 Parcel 139 TroyGibson Robert Adams 6913 Taylor Lane 4201 Parker Road Wylie, Texas 75098-7721 Wylie, Texas 75098-7715 Parcel 150 Parcel 140 Alfred Zurita Robert Garner, Jr. 6907 Taylor Lane 4419 Parker Road Wylie, Texas 75098-7721 Wylie, Texas 75098-7719 Parcel 151 Parcel 141 City of Parker Doodie Frederick 5700 E. Parker Road 2678 FM 1378 Allen, Texas 75002-6754 Wylie, Texas 75098 Parcel 152 Parcel 164 Joe Purkhiser Edward Sledge 6905 Taylor Lane 4010 Bois D Arc Lane Wylie, Texas 75098-7721 Allen, Texas 75002-7028 Parcels 153, 154, and 155 Parcel 165 Michael Whitcomb Kenneth Lewis 4420 Whitcomb Way 8421 Private Road 5201 Wylie, Texas 75098-7722 Princeton, Texas 75407-4843 Parcel 156 Parcels 166, 167, and 168 M. Lawayne Flaming Gerald Lewis 6924 Taylor Lane 7730 E. Parker Road Wylie, Texas 75098-7720 Allen, Texas 75002-7045 Parcels 157 and 158 Parcel 169 David Bevins Alvin Duncan 427 Runningbrook Lane 7750 E. Parker Road Mesquite, Texas 75149-5987 Allen, Texas 75002-7045 Parcel 159 Parcel 170 Paul Coats DR Horton Texas Ltd. 6906 Taylor Lane 1901 Ascension Blvd #100 Wylie, Texas 75098-7720 Arlington, Texas 76006-6521 Parcel 160 Parcel 171 Dale Detarville Kurt Strange 6904 Taylor Lane 7900 E. Parker Road Wylie, Texas 75098-7720 Allen, Texas 75002-7004 Parcel 161 Parcels 172 and 173 Dawn & Paul Henry William Hallas 4403 Parker Road 7940 E. Parker Road Wylie, Texas 75098-7719 Allen, Texas 75002-7004 Parcels 162 and 163 Parcel 174 Jackie Thomas Michael Benner RR 1, Box 2 7960 E. Parker Road Allen, Texas 75002-9769 Allen, Texas 75002-7004 MONROE ADDITION Parcel 177- Lot 1 Parcel 177- Lots 9 and 10 Walter Smith, Jr. Michael Langdon 6994 Dove Creek Drive 6906 Dove Creek Drive Wylie, Texas 75098-7750 Wylie, Texas 75098-7750 Parcel 177-Lot 2 Parcel 177- Lots 11 and 12 Robert Garner, Jr. Ralph James 4419 Parker Road 6918 Dove Creek Drive Wylie, Texas 75098-7719 Wylie, Texas 75098-7750 Parcel 177 -Lot 3 Parcel 177- Lot 13 Eddy Blankenship Gary Amy 4415 Parker Road 4105 Midnight Drive Wylie, Texas 75098-7719 Plano, Texas 75093-3829 Parcel 177 - Lot 4 Parcel 177 - Lot 14 Thomas Sessums Peter Harden 4411 Parker Road 6930 Dove Creek Drive Wylie, Texas 75098-7719 Wylie, Texas 75098-7750 Parcel 177- Lot 5 Parcel 177- Lot 15 Glyn Ramsey Dennis Brubaker 6690 Dove Creek Drive 6926 Dove Creek Drive Wylie, Texas 75098-7750 Wylie, Texas 75098-7750 Parcel 177-Lot 6 Parcel 177- Lot 16 Mark McDonald John Coppic 6986 Dove Creek Drive 6974 Dove Creek Drive Wylie, Texas 75098-7750 Wylie, Texas 75098-7750 Parcel 177-Lot 7 Parcel 177- Lot 17 Robert Gray Ace Burns, Jr. 4330 FM 75 6970 Dove Creek Drive Princeton, Texas 75407-2472 Wylie, Texas 75098-7750 Parcel 177- Lot 8 Parcel 177 - Lot 18 Terrie Monroe Harvey West 6902 Dove Creek Drive 6966 Dove Creek Drive Wylie, Texas 75098-7750 Wylie, Texas 75098-7750 Parcel 177- Lot 19 John Minick 6962 Dove Creek Drive Wylie, Texas 75098-7750 Parcel 177- Lot 20 Michael Lundeen 6958 Dove Creek Drive Wylie, Texas 75098-7750 Parcel 177-Lot 21 Lonnie Benton 6954 Dove Creek Drive Wylie, Texas 75098-7750 Parcel 177-Lot 22 William Ridgley 6950 Dove Creek Drive Wylie, Texas 75098-7750 Parcel 177-Lot 23 Jerry Crowder 6946 Dove Creek Drive Wylie, Texas 75098-7750 Parcel 177-Lot 24 Daniel Waller 6942 Dove Creek Drive Wylie, Texas 75098-7750 Parcel 177-Lot 25 Michael Rains 6938 Dove Creek Drive Wylie, Texas 75098-7750 AL AL r • Argvig sago ail om.r. ils-Imosom immi.i= —=I_ ■.iI_ �1- -r-!- `, 1...:me,- --`—mem s;luul /C;I3um -p�- -no m- —um- — r • = L. t d 'Lx 1 4 6k h h�'Y' 'F `�, 8'£1 W MttY " — ut! w N fi w r F i t ry i r G . `F i I ' p P k .. �" A. 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V 1 ri::!,jty.., a' U tX f,rti }Y4,_.k a W jN Y ix s: LL `V Iv V) r rrrr �rn rl��u n U, ---nrmm�::ro__ s;Iw�� 40 1 aim►/� — - WYLIE CITY COUNCIL AGENDA ITEM NO. 6. August 10, 1999 Issue Hold the second of two Public Hearings for the Annexation of approximately 3.823 Acres of land and being a survey of a tract of land in the W.D. 'Penny Survey, Abstract 696, Collin County,Texas,and being part of a certain 25.679 acre tract as described in deed to L.D. Pearce recorded in Volume 496, Page 268, Deed Records, Collin County, Texas. bt yt �C.fTh A,6 A--- ' Background In an effort to ensure the goal of protecting the quality of life and the provision of services within the area, the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request, the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings, the governing body of the municipality must conduct two (2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing and institution schedule. As your can see, the two (2) public hearings have been scheduled for the August 9, 1999, and August 10, 1999, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for August 31, 1999. Notice published for the first public hearing: July 28, 1999 First Public Hearing: August 9, 1999 Notice published for the second public hearing: July 28, 1999 Second Public Hearing: • August 10, 1999 Institution date (Adopt Ordinance): August 31, 1999 Financial Considerations • The current property tax rate for the City of Wylie is .675 per $100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % Other Considerations • Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered, under Section 43.056 of the Local Government Code, for provisions of Services to the annexed area and use it as directed in said statute (see attached service plan). Board/Commission Recommendations N/A Staff Recommendations Approval Attachments Area Map Annexation Ordinance Service Plan Area Map with Numerical Identification& Corresponding Property Owner Listing Ulm) Prepared by Revie by Finance City Manager Approval Minute Memos Date: Item No: Page: rig111 -I'- r', PW 1 1 _I 1, I ,)\/.1 III_J i . Mum I I ma r ?\ Subj=ct Pr 1 perty = I I -J Line City Lie^ --. © ,/ ] . gill 1" - 10001 i v 1ty Li Imits lib i 1.111751 1► st�llll 1 11 t1,t oppos ,. ..otirliiiin b(161 sillits Lt. 1.- r 11,,, ,„ .:..'..._...2 revii..... is aor ...r.. piiii,..-.. ... loin ON op - ow- E1 — -ZF. 6t 3419) r"ll ... .mg...i :Willi' P. , 1.� ce'" .. �— .■i —- .,..�c.. ■�lul M�I. 40 iron gdinio, �� -_�'.:■ :I//III �� ,_....,, la: _B _�/ �� .._l�_t-_. �j. III .�•�z Ns: ■ —tom_ ♦ ti 1 "m�_.i_ :lent40�111101 tw1.it -rr EIN :irizii A. 1.7. =_ op:: - t-,M i1111111111IP "'At ilititill.r.,-Aiwa-Cul 11111.1 AAAAfill i ■■ ■= =giri :mink .1111111:111111111 111111111 I',11il1111111111111ij ■ ,,,iL 111■III II■II I IAllll.-lullllll IN II��IIIIIIfII11111111.0 ,�� ,�l mil_u am ;I: D m .7.., in a=Nora Tag .e 1 5 ii: i E -1=i2 1 m--.ow.=2 , d . ,,.. ...2,ra=t2 LIuiIiI1jT & ,I ism.. 11i'j - I _riortiqui...-„,:;-...____*-01"•_,,, F. _2 1111 II �� A.,( 18.166-1..i.e...- — k"111111�111_ ■ r, am,- r "EXHIBIT B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 3.823 ACRES SURVEY, ABSTRACT & COUNTY: W.D. Penny Survey, Abstract No. 696, Tract No. 28, Collin County, Texas. Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the"City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty(60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department,within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality,will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 1 "EXHIBIT B" 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2)years from the effective date ofthe annexation ordinance,or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations,including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances,shall be provided within this area sixty(60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 2. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings,plumbing,mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty(60)days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning,subdivision,sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty(60)days of the effective date of the annexation ordinance. City planning will thereafter encompass this 2 "EXHIBIT B" property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall,upon dedication to and acceptance by the City,be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty(60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications,that street will not be maintained by the City. 3 "EXHIBIT B" 2. As development, improvement or construction of streets to City standards commences within this property,the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property,water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half(41/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are 4 "EXHIBIT B" connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two(2)years from the effective date of the annexation ordinance and substantially completed within four and one-half(41/2) years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60)days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty(60)days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten(10)years from the effective date of this Ordinance. 5 PROPERTY OWNER: Parcel 108 Pockrus Partnership 2200 McCree Road St. Paul, Texas 75098-8028 iiiiiiimwrm ‘,...,-..„ ie- I i s 3C / _.-..7.- ( 1 - -----?& i 29 41) R.- 1 L i W. -T-I1O2.S ____ ;t. Paul ETJ Line City Limits ! � ! ( !— Lir_ _ 411) ' I i I 1 I p _ !) [6 17 18 1 9"'City Limits 11711 q- r - —_....___-7.,....:tz._..e...j. u I 1 os Mit AO I III �' • 'L \_tWIim;m � �i Illl it �, IA _: 1 1 I l l I I I I IIIapt III 1iil1_zii : 11 j! rl'11�i 1'!_i 1ii r / _mi mum rm. gm am._/Nivm NE 0 1 .. !pique Ill MAI . 10 /1 �n§ ■i ■I ; / O 41111111111mi.� 21 4114 i~' r , II i ` - Il : `51.11111 III; - 1017 111111 ■ 3 .c.... w ,__ . ,,,,..LI 1 --Aiti Vigtin nig=-"r---11 II/ *./Int_,,-4.2:12 LI-II INN I 1:T.- NZI =El Z..,- / . L .. IIIIIIII/III...„,...„.,4,,,... ..... i/11111■ ■ ` Mort IV mks mm ,��!/1111111�� _ ill an i -..----- =�.7 __ 41111111111111 i1>ti�� ' liliiili1111'==== = = ___- - LS.14 ��Vfili lii .� 111111111111112 .. __ I® :=ur `r.'.� ��I11111111111It�11111111111111� _�_�_- ® - 1 !IIIII 1 af'► �� i "'�' _- . �'t• Iililllll 1011m II�IIIIIh Ilu 11111®�p a I '� " �IIIIIIIII."1111111 .ri�1 11111 .ell `IIIIII��;IIIII��_,,. 1 i Houlmoinuitr y 40.41 z z..4. gig i 1 I Li, , ,. Ad pl„ 2- ) -2I.„„ WYLIE CITY COUNCIL AGENDA ITEM NO. 7. August 10, 1999 Issue Consider and act upon a Resolution supporting Rail Watch and its efforts to educate the public about railroad safety. Backup for this item includes the Resolution only. 444-1--n-d-7061e.„_ kl, .&14 - -114)(tgx-r /D ttttA_- , e-/k7: j -- kigetlel t/2---5i# (t-- ipik--- 61d: 4 eet .rt,. 0 1 4 4 h'tA4'- - kx_ pArtit 4ee(x-ee- , iice. i/tppl- _e_A(A-64 m hA-4 4 , iva-- 740,-0, _ (a 01- 71y) , ' lx-/)(E - rku-op- ; W Pa --4-(v, ---(_ 1„ 19,& Oval' s'etf- ao-41-: al_ /244:Q , ; zikt_ //.4,41, 4,, .. . iipe,rit., A401- 4 &_ ii,f 6, 47. elit-tc_ lc_ tlf--e(A-- ,e)-- 2 cg (z- / (1_47r. t it) -_ , abyr/r. P /zra/a,a-- tr---V;;--) eda pt/24__ --15-- Ge it,61.4475 - _----' — 5-6(0)fi-01- "a4i2p-01- I A- izr2- . 540,5-- etpt-e_ (I) L4/14-4---44JL_I-- 4--- /2t •x A . fri--el-1-1 g/t/pfr t s-t- 4/1A- ; S1412fid- /2 -1,_____/- / . 4,111,t_f____ ( s, i4ir 4 VA te.W2 - u)--A, /,- cn z--/5f /14/1211j1 AL-1- %(1 / 971;ci-j- 17)/ 'Ir -iiii _A g6 _ MO/A- .4,4( -/-6 kAr6- 4r . ?%IA j- RESOLUTION WHEREAS; There is a train accident every ninety minutes; and WHEREAS; A train carrying hazardous materials goes off the tracks somewhere in the United States roughly every 2 weeks, resulting in a spill and the evacuation of people living nearby; and WHEREAS; Local city officials have no control over train speeds in their communities although they have the most familiarity with local traffic patterns; and WHEREAS; Railroads use 1930's safety technology that jeopardizes the safety of everyone including railroad employees; and WHEREAS; According to the Federal Railroad Administration, more than 80% of public railroad crossings are unprotected by lights and gates; and WHEREAS; Investigations have uncovered alarming safety violations including defective train equipment, overworked employees, a failure by companies to provide employee training and employees who are encouraged not to report equipment defects or injuries. THEREFORE BE IT RESOLVED that the City of Wylie, Texas supports RailWatch and its efforts to educate the public about railroad safety, and joins RailWatch in calling for a complete and thorough investigation of railroad safety by the United States Congress. (Please print) Date Name of Organization Authorized Signature Title Address City/State/Zip Code Phone Number Fax Number WYLIE CITY COUNCIL AGENDA ITEM NO. b. August 10, 1999 Issue Consider and Act Upon Accepting the proposed Ad Valorem Tax Rate and Calculation of an Effective Tax Rate for Fiscal Year 1999-2000. Background When a proposed rate will raise more revenue than the preceding year, a public hearing must be scheduled. A vote must be taken and the results published in the Wylie News in a notice entitled "Notice of Public Hearing on Tax Increase. In accordance with the"Truth in Taxation" laws of the State of Texas, notices must be published and a public hearing must be held if an entity's proposed tax rate will raise more revenue (tax levy) than the preceding year. Therefore, the City is required to vote on the proposed tax rate and publish the results of the roll call vote at least seven (7) days prior to the first scheduled public hearing on August 31 st. The purpose of the first public hearing is to give the taxpayers an opportunity to express their views on the increase. The Council may not adopt the tax rate at this hearing. Instead, at the end of the hearing, it must set and announce the date, time, and place of the meeting at which it will vote on the final proposed tax rate. The second public hearing on September 14th to vote on the tax rate must take place no less than three (3) days and no more than fourteen (14) days after the first public hearing. The official detailed effective tax rate calculation is available in the office of the Collin County Tax Assessor/Collector (Kenneth L. Maun) in McKinney. A copy is also maintained in the Finance Department for the Council and public to view. Financial Considerations The proposed budget is based on the proposed tax rate of$0.70 per $100 valuation. This is within the rate previously discussed by Council. Any change in the proposed rate will require revision of the proposed budget. Other Considerations The City is required by law to follow certain meeting and notice (publication) guidelines as shown on the attached calendar excerpt from the"Truth in Taxation" guide. Staff Recommendations The Staff recommends that Council vote on the proposed tax rate and schedule the next required public hearing on the tax increase for August 31, 1999. Attachments Resolution Reporting Record Vote 1999 Planning Calendar from the"Truth in Taxation" guide 1999 Property Tax Rates in City of Wylie and Effective Tax Rate Calculation (V �r ,A, /l �►,1� repad by Revie by Finance City Man aer Approval at_44.1, (40 q5 - //,‘ v\ 1999 PLANNING CALENDAR May ?? Mailing of notices of appraised value by Chief Appraiser. May 15 Deadline for submitting appraisal records to ARB. July 15 Deadline for commissioner of education to send notice to districts required to equalize wealth. July 20 Deadline for ARB to approve appraisal records. July 27 Deadline for Chief Appraiser to certify rolls to taxing units. July ?? Certification of anticipated collection rate by collector. July 30 Calculation of effective and rollback tax rates. August 11 Publication of effective and rollback tax rates; schedules and fund balances; submission to governing body. August 6 72-hours notice for meeting (Open Meetings notice) August 10 Meeting of governing body to discuss tax rate; if proposed tax rate will raise more revenue than the preceding year's revenue, take record vote and schedule public hearing. August 18 "Notice of Public Hearing on Tax Increase" (1st quarter-page notice) published at least seven days before public hearing. August 27 72-hour notice for public hearing (Open Meetings Notice). August 31 Public hearing; schedule and announce meeting to adopt tax rate 3-14 days from this date. September 8 "Notice of Vote of Tax Rate" (2nd quarter-page notice) published before meeting to adopt tax rate. September 10 72-hour notice for meeting at which governing body will adopt tax rate. September 14 Meeting to adopt tax rate. Meeting is 3 to 14 days after public hearing and by September 1, or as soon after as practicable. School districts subject to an equalized wealth notice must wait to adopt a tax rate until the commissioner certifies the wealth is equalized (Section 41.004(c), Education Code). 08/02/99 11:53 $'972 547c040 B MAUN TAX A/C E 012 1999 Property Tax Ratee In WYLIE.CITY This notice oanoarm 1999 property tax rates for WYLIE.CITY. It presents information about*ate tax rates.Lest yeses i rate;Idle unit used In determine property tames last year.This year's effective acetate would impose the same total taxes as last year if you compere properties taxed in both years. This year's rollback tax rate is tbi highest tax rate the taxing unit can set before nu-payers can start tax rollback procedures. In each case these rates are 6s nd by dividing the total amount of taxes by the tax base(the total value of taxable )may)with adjustments as required by state law. The rates are given per$100 of property value. • Last year's tax rats: .u8 Last 52 y 8 taxes 539S,039 Last year's debt taxes Last year's total taxes S3,139,897 Last year's tax base S465,169,926 Last year's total tax tate 0.673000/S100 'Ibis year's effective tax ratan Last year's adjusted taxes S3,132,915 (after subtracting taxes an lost property) / This year's adjusted tax base S308,057,421 (after subtracting value of new property) =This year's effective tax race 0.6166454100 This year's rollbaetc tax rate: 52,39t,901 Last year's adjusted operating taxes (after subtracting taxes on last property and adjusting fir transferral Mtwara) / lids year's adjusted tax base S508,057,21 — Tbis year's effiscelvo operatics rate 0.4/0793/S 100 x 1.08 s this year's maximum operating rate 0308456/S100 + This year's debt rate 0.196488/3100 = This year's rollback rate 0.704944/5100 • 08/02/99 12:50 TX/RX NO.2977 P.012 WYLIE CITY COUNCIL AGENDA ITEM NO. August 10, 1999 Issue Consider and act upon approval of an Agreement between the City of Wylie and the Kansas City Southern regarding the relocation of sewer lines. Background January, 1999 the City of Wylie and the Kansas City Southern Company (KCS) entered into an IAgreement which calls for the removal of a portion of the KCS track along S.H. 78 and for the construction of a new track connection through the City's Service Center Annex property. The construction of the new connection necessitates the relocation of sewer lines on that property. /Because the January Agreement did not specifically address the terms of the sewer line relocation, v the attached Agreement has been proposed by the KCS. The Agreement simply outlines the financial commitment previously negotiated with between the City and the KCS. City Attorney Richard Abernathy has reviewed the Agreement and recommends approval. The contract for the relocation of the sewer lines was awarded June 8 and work is scheduled to begin the week of August 9. Financial Considerations /fhe Agreement sets out that the KCS will pay to the City the lesser of$100,000 or 29% of the total cost of the replacement and relocation of the sewer lines at Closing. Other Considerations �12�' � 5Z?�-*�. N/A ti — Board/Commission Recommendation '7.- 0 N/A Staff Recommendation N/A Attachment Agreement 't(0 152)'`' i L Approval Prepar by vie d by Finance City Manager Sent by: Abernathy Roeder Boyd Joplin 214 544 4040; 07/27/99 5:06PM;J x #228;Page 5/6 pecetvea: 7/23/op 16:be; 214 8OO 0011 -> Abernatny Roaaer Boyd .poplin; Page 4 07/23/99 FRI 15:38 FAX 214 880 0011 WORSHAM FORSYTHE fit004 DRAFT AGREEMENT THIS AGREEMENT("Agreement") is made and entered into as of the day of July, 1999,between the City of Wylie,Texas(the"City"),aTexas municipal corporation,and The Kansas City Southern Railway Company(`'KCS"),a Missouri corporation. W1.�.NESSETH WHEREAS, the City, KCS, and Collin County, Texas, (the "County") a corporate and political body of the State of Texas,entered into that certain Agreement as of January 26, 1999(the "Original Agreement"),that provides in relevant part for KCS to remove its track from a segment of its right-of-way along Highway 78 (defined therein as the"78 ROW"), for KCS to connect its track to KCS's other track and right-of-way in the City as generally shown in the Original Agreement(defined therein as the`New Track Connection"),and for KCS to convey the 78 ROW to the County; WHEREAS, the parties have determined that sewer lines, owned and maintained by the City,are in the path of the New Track Connection and should be relocated and replaced prior to its construction; WHEREAS,although the Original Agreement does not expressly provide for the relocation and replacement of the sewer lines,the City and KCS have concurred that the sewer lines should be relocated and replaced and each has suggested that other bear the cost and responsibility for replacing and relocating the sewer lines,and,accordingly,a dispute has arisen between them; WHEREAS,the parties desire to resolve the above described dispute amicably pursuant to paragraph 9.7 of the Original Agreement without resort to litigation and to avoid its attendant cost, expense,uncertainty,and delay; NOW THEREFORE, in consideration of the covenants, conditions, and terms herein contained,the parties mutually agree as follows: ARTICLE ONE RELOCATION OF SEWER LINES 1.1 The City agrees to do all things reasonably necessary to replace and relocate the sewer lines in accordance with,and as more particularly described on,Exhibit"A,"attached hereto and incorporated herein. 1.2 The City will use its best efforts to complete the replacement and relocation of the sewer lines, and to obtain a no further action letter with respect to the petroleum underground storage tank system formerly located at the Service Center described in the Original Agreement,on or before : 1.3 The City wilt pay all costs incurred ir.replacing and relocating the sewer lines. -1- ' Sent. by: Abernathy Roeder Boyd Joplin 214 544 4040; 07/27/99 5:06PM;Jet #228;Page 6/6 Received: 7/23/$0 /6:5e; 214 000 0011 •� Abernathy Roeder Boyd Joplin; Page 6 07//23/99 FRI 15:58 FAA 214 880 0011 WORSHAM FORSYTHE l�o0b DRAFT 1.4 KCS shall pay to the City the lesser of(a)One Hundred Thousand Dollars(S100,000.00)or (b)twenty-nine percent(29%)of the total cost of replacement and relocation of the sewer lines at the Closing described in the Original Agreement. ARTICLE TWO AMMNOI19ENT TO ORIGINAL AGREEMENT 2.1 KCS and the City agree that their rights and obligations vis-a-vis each other pursuant to the terms of the Original Agreement are hereby modified solely to expressly provide for the replacement and relocation of the sewer lines pursuant to the provisions hereof. Nothing in this Agreement shall be deemed to have modified and rights and obligations of the County or to have otherwise modified,amended,or waived any provision ofthe Original Agreement including,without limitation,regarding the rights and obligations of the City and KCS vis-a- vis each other. IN WITNESS WHEREOF,the City of Wylie,Texas and The Kansas City Southern Railway Company have executed this Agreement in multiple counterparts,effective as of the date first above mentioned. ATTEST: CITY OF WYLIE: By. By:- Its Its: THE KANSAS CITY SOUTHERN RAILWAY COMPANY; By: Its: ACKNOWLEDGED: By. By: Helen Starnes Ronald L.Harris Its: County Clerk,Collin County,Texas Its: County Judge,Collin County,Texas tea. -2- itadMlSWCCi w+II racsTt�ttlrna wrw.,.wo