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07-13-1999 (City Council) Agenda Packet MINUTES Wylie City Council Tuesday, June 22, 1999 - 7:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North,Wylie Texas Call to Order Mayor Mondy called the City Council Meeting to order, June 22, 1999 at 7:00 p.m. with the following Councilmembers present: Joel Scott,Reta Allen,Jim Swartz,Merrill Young,J.C. Worley and Chris Trout. Staff members present were:Mike Collins,City Manager; Mindy Manson,Assistant to the City Manager;Brady Snellgrove,Finance Director; Tobin Maples,Director of Planning and Barbara Salinas, City Secretary. Invocation The Mayor asked that Councilman Scott give the Invocation. Pledge',of Allegiance The Mayor asked that Councilman Trout give the Invocation. Citizens Participation Nikki Allen- 100 Rush Creek Drive Ms. Allen expressed her concerns regarding the Railway Project and the Comprehensive Plan. Ms. Allen presented to Council materials regarding the organization,Rail Watch. Carter Porter-413 N. Gaston Mr.Porter wished to reiterate his opinion on the Preliminary Plat/Birmingham Farms,citing single road access and open drainage. As a member of the Planning and Zoning Commission,he stated that the Commission has attempted to deny said plat and asked for Council's support. Conrad Boyer- 1819 Blake,Richardson,Texas Mr.Boyer had concerns regarding the Comprehensive Plan adoption on this evenings agenda. Mr. Boyer asked how the zoning would be effected and procedure used after adoption of the Comprehensive Plan. Mr. Maples addressed his concerns stating that State Statutes would be followed and that there would be public discussion of all proposed zone changes. Jill Lowery 1819 Spinnaker Way Ms.Lowery expressed her concerns regarding her home at Newport Harbor. She stated that since closing on her home in December of 1998,Fox&Jacobs has spent 51 day correcting problems. She cited numerous problems and stated that her neighbors have had similar concerns. She also cited problems with a drainage ditch on Anchor Drive causing flooding and pest problems. CONSENT AGENDA A. Approval of the Minutes from the Regular Meetings of May 25 and June 8, 1999. Wylie City Council Minutes June 22,1999 Page 1 The following corrections were made to the Minutes of June 8, 1999. Councilman Trout asked that the Minutes be corrected to reflect that the Motion for Item 1 include the wording "90 day suspension period". Councilman Scott asked that Item 10 of the same minutes be corrected to reflect that Councilwoman Allen seconded the motion and that the motion passed, 7-0. Councilman Swartz asked that the minutes of the same reflect his name rather than that of Councilman Lavern Ramsey. With no further corrections Councilman Scott made a motion to approve the Minutes from the Regular Meetings of May 25 and June 8, 1999,with the stipulated corrections. Councilman Worley seconded the motion. A vote was taken and the motion passed, 7-0. ITEMS FOR INDIVIDUAL CONSIDERATION Public Hearing l. Consider and act upon the Update of the Comprehensive Land Use Plan. Mr. Donald Simpson, Wallace Roberts and Todd provided a slide presentation to Council on the completed Comprehensive Land Use Plan. Mr. Simpson described Wylie as a community with a historic downtown area bordered by two lakes with a good mix of commercial and industrial development. He cited a North Texas Council of Government population of 23,000 by the year 2020,and added that such predictions have been known to be historically inaccurate,such as the cases of Frisco and Allen. Mr. Simpson stated that growth could be as high as 100,000 to 110,000 people. In developing the Land Use Plan, Mr. Simpson explained the village concept. He stated that a key area was identified as the corridor or gateway, citing FM544 as a village center and residential development. When discussing implementation,Mr. Simpson stated that there are few conflicts with existing zoning. Mr. Simpson was then available for questions from Council. Councilman Trout asked for more information on `cluster housing'. Mr. Simpson responded by stating that the concept is to develop density with 1-2 acres per house to allow people to develop housing but keep the density the same. Mr. Simpson concluded that this plan could be revisited every 3-5 years depending on the rate of growth. The Mayor then opened the public hearing and asked that anyone wishing to speak either in favor of or in opposition to the update of the Comprehensive Land Use Plan to come forward, state their name and address and limit their comments to three minutes. With no response,the Mayor then closed the public hearing. Councilman Scott made a motion to table Item No. 1. Councilman Worley seconded the motion. A vote was taken and the motion passed, 7-0. Wylie City Council Minutes June 22,1999 Page 2 Approval of Ordinance 2. Consider and act upon approval of an Ordinance Annexing all of a certain 136.339 Acre tract situated in the William Patterson Survey, Abstract No. 716, Collin County,Texas and being a portion of a 157.53 acre tract of land according to the deed recorded in Volume 254,Page 563 of the Deed Records of Collin County,Texas(DRCCT) Councilman Scott made a motion to table Item No. 2. Councilwoman Allen seconded the motion. A vote was taken and the motion passed,7-0. Preliminary Plat 3. Consider and Act Upon a preliminary plat for Phase I of the Birmingham Farms Addition, proposed by Birmingham Land,Ltd./Wylie Bilco,Inc.,for the property generally located north of Brown Street and Birmingham Elementary and west of the Pointe North Phase II subdivision and being all of a 62.251 acre tract situated in the J.McUlmurray Survey,Abstract No.629,and the C. Atterbury Survey,Abstract No.22,City of Wylie,Collin County,Texas. Mr. Tobin Maples,Planning Director, addressed this item. Mr. Maples provided council with a brief history of the request,including the action taken by the Planning and Zoning Commission to deny by a vote of 5-1 at the June 1, 1999 meeting.. There was some discussion regarding the open drainage issues and parkland dedication. Mr. Maples stated that the applicant is dedicating 7.06 acres for park improvements with review and approval of the Park Board. He also stated the applicant is aware that all applicable issues and permits concerning development/access on the T.P.&L.Right of way must be resolved prior to scheduling a final plat to for hearing by the Council. Mr. Maples stated that the City's consulting engineer has reviewed and approved preliminary drainage plans subject to notification from the Corp of Engineers verifying their desire to have open drainage channels within their jurisdiction. Staff has reviewed the proposed plat and found it to be in compliance with all applicable subdivision regulations and other pertinent ordinance of the City of Wylie. Section 212.005 of the Texas Local Government Code states that the municipality authority responsible for approving plats must approve a plat or replat that is required to be prepared and that satisfies all applicable regulations. It was clarified that if a plat is not approved,the City could be held liable for non approval. Councilman Worley made a motion to approve the preliminary plat for Phase I of the Birmingham Farms Addition, proposed by Birmingham Land, Ltd./Wylie Bilco, Inc., for the property generally located north of Brown Street and Birmingham Elementary and west of the Pointe North Phase II subdivision and being all of a 62.251 acre tract situated in the J.McUlmurray Survey,Abstract No. 629,and the C. Atterbury Survey,Abstract No. 22, City of Wylie, Collin County, Texas,with staff direction to review the concerns of the Planning and Zoning Commission. Councilman Swartz seconded the motion. A vote was taken and the motion passed,7-0. Board & Commission Appointments - June 8, 1999 Tabled Item (2) 4. Consider and act upon appointments to the Planning and Zoning Commission for those whose terms expire in July of 1999. Councilman Trout made a motion to reappoint Julie Schmader and Steve Ahrens to two year terms ending in July of the year 2001, and appoint Mr. Michael George to a two year term ending in July of the year 2001. Councilman Worley seconded the motion. A vote was taken and the motion passed,7-0. Wylie City Council Minutes June 22,1999 Page 3 5. Consider and act upon an appointment to the Zoning Board of Adjustments to fill a term expiring in July of 2001. Councilman Scott made a motion to appoint Mr. Derek Green to a two year term ending July of the year 2001. Councilman Trout seconded the motion. A vote was taken and the motion passed,7-0. Award of Bid 6. Consider and act upon award of bid for the purchase and installation of a Direct Alarm Monitoring System. City Manager,Mike Collins addressed this item in the absence of Chief Jeff Butters. Mr. Collins stated that this action would allow the authorization of an agreement which would allow direct alarm monitoring. Mr. Collins cited the direct response advantage of direct alarm monitoring. Mr. Collins stated that House Bill 3189 prohibits the direct monitoring of fire alarms by a political subdivision unless the system is in place by September 1, 1999, therefore Council's action this evening could allow the opportunity to develop the system before the deadline. Mr. Collins stated that the marketing phase was still in development. Mr. Collins was then available for questions from Council. Council had concerns regarding residents choice to allow direct alarm monitoring,Insurance and liability,number of alarms currently registered, and false alarm procedures. Mr. Collins stated that all residents who own alarm systems would have a choice to have monitored by a private company or locally. Mr. Snellgrove stated that we would be in contact with our carrier to discuss liability. Mr. Collins estimated that we have approximately 800 alarm permits issued. Currently the city does not charge a fine for residential false alarms. There was some discussion regarding the new CAD system. Mr. Collins stated that the Police Department had asked that residents call 911 system to test the entered data. With regard to the Direct Alarm Monitoring, Councilman Swartz asked for clarification, that we would only monitor alarms and that there would be no installation. Councilman Young made a motion to award the bid for the purchase and installation of a Direct Alarm Monitoring System to Dallas Security Systems. Councilwoman Reta Allen seconded the motion. A vote was taken and the motion passed,7-0. 7. Consider and act upon the award of a contract for the relocation of two 15" water sewer lines located under the proposed KCS rail alignment. This item was tabled at the June 8, 1999 meeting. Councilman Scott made a motion to table Item No. 7. Councilman Trout seconded the motion. A vote was taken and the motion passed, 7-0. The Mayor then called for a five minute recess before moving into the Work Session. Wylie City Council Minutes June 22,1999 Page 4 Work Session • Y2K Update Mr. Brady Snellgrove, Finance Director and Ms. Mignon Morse presented Council with an update on Y2K concerns. Mr. Snellgrove gave Council a brief introduction of the development of the Y2K Committees and the charge of each committee. Mr. Snellgrove also provided financial considerations for Y2K compliance. Mr. Snellgrove gave some details on External Operations including the Level One and Level Two contingency plans including financial considerations for purchasing requirements. Mr. Snellgrove and Ms. Morse concluded with details of the Citizens Newsletter that will be published and distributed the first of August. • Bond Priorities There was discussion regarding bond projects and priority for completion. Those mentioned were FM1378, Alanis, Kirby/Stone and South Sachse Road. There was some discussion on McMillian Road and Park Improvements. Staff was asked to identify three or four projects and submit a list for acceptance. Mr. Collins advised Council that the Reimbursement Resolution would come before Council at the July 13 regular meeting. Adjournment. With no further business to come before Council,the meeting was adjourned at 9:05 p.m. John Mondy,Mayor Attest: Barbara A. Salinas,City Secretary Wylie City Council Minutes June 22,1999 Page 5 WYLIE CITY COUNCIL AGENDA ITEM NO. July 13, 1999 Issue: Hold a public hearing to consider and act upon a proposed amendment to Section 26, Accessory Building Regulations, of the Comprehensive Zoning Ordinance No. 85-23A, for the City of Wylie, Texas. Background: A recent application for a building permit has identified a shortcoming in the Zoning Ordinance regulations with regard to accessory buildings. Specifically, for property that is zoned for single family or multi-family uses, the size of an accessory building is limited to 600 square feet. Within the typical residential development and given conventionally sized lots, the intent of this limitation is logical and appropriate. However, in a situation in which a large acreage lot is zoned for single family or multi- family uses, the 600 square foot limitation may be inappropriate. Section 18-9 of the City Code permits livestock to be kept on a residentially zoned lot of one (1) acre or more. (please note that recommendation of the proposed Comprehensive Land Use Plan is to increase this requirement from one (1) acre to two (2) acres.) Further, the Zoning Ordinance permits "farms, nurseries, greenhouses or truck gardens, limited to the propagation and cultivation of plants, provided no retail or wholesale business is conducted on the premises" in single family zoning districts. These types of land uses typically require larger accessory buildings for the storage of the supplies and equipment needed to support these uses. A recommended amendment to Section 26 of the Zoning Ordinance, Accessory Building Regulations, is as follows: Section 26.3. An accessory building on a lot size of two (2) acres or less is restricted in heightto 15 feet or the height of the main structure, whichever is less. An accessory building on a lot size of more than 2 acres is restricted in height to no more than the height of the main structure or two stories, whichever is greater. Section 26.4(2). Area of Building. The maximum square foot area for a,[q an accessory building on a lot size of two (2)acres or less shall be 600 square feet or-less. The maximum square foot area for an accessory building on a lot size of more than two (2) acres shall be 2000 square feet. All other existing requirements for accessory buildings, i.e., height, size of yards, would still apply. Financial Considerations: N/A Other Considerations: N/A Commission Recommendation: At the July 6, 1999, Planning and Zoning Commission meeting, the Commission voted by 6-0 to favorably recommend the proposed amendment. Commissioner Dowdy was absent. Staff Recommendation: Approval. The Departments of Public Works, Fire, and Community Development concur with this recommendation. Attachments: Public Hearing Notice Zoning Ordinance Excerpt Ordinance )1' at, ()Lb' J Prepared by Revi d by Finan City Manager Approval ORDINANCE NO. TO CONSIDER AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 85- 23A OF THE CITY OF WYLIE, TEXAS, BY AMENDING SECTION 26, ACCESSORY BUILDING REGULATIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending Section 26.3 and Section 26.4(2), which shall read as follows: Section 26.3. An accessory building on a lot size of two (2) acres or less is restricted in height to 15 feet or the height of the main structure, whichever is less. An accessory building on a lot size of more than 2 acres is restricted in height to no more than the height of the main structure or two stories,whichever is greater. Section 26.4(2). Area of Building. The maximum square foot area for any-an accessory building on a lot size of two (2) acres or less shall be 600 square feet or less. The maximum square foot area for an accessory building on a lot size of more than two (2) acres shall be 2000 square feet. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 4. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 6. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 1999. By John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary §25 WYLIE CODE 25.7. Minimum structure exterior wall stan- C. The minimum exterior wall standards for dards. The exterior wall standards for construe- planned development and specific use per- tion in the various districts shall be in accordance mit shall be of exterior fire resistant con- with the following standards: struction as specified by the amending or- 25.7.1. Exterior wall standards, residential. dinance. A. Exterior wall construction for all struc- D. Exterior wall construction other than in tures to be used as a residence, located in accordance with this section shall be al- any zoning district [shall) consist of a min- lowed only on issuance of a specific use imum of 75 percent masonry or masonry permit,in accordance with section 23 of the veneer. For the purpose of this section zoning ordinance. masonry or masonry veneer are [is) defined 25.7.3. [Percentage of fire resistant construc- as brick, stone, decorative concrete block, lion.] Exterior fire resistant construction as or such other similar material as approved herein specified for residential structures shall by the building official. * See below consist of the designated percentage of the total B. No single wall face of any residence shall exterior wall surface exclusive of windows and contain less than 50 percent of its exposed doors. surface of masonry construction as herein (Ord. No. 93-22,§III,4-13-93;Ord.No. 93-34, § I, specified. 7-27-93) C. Exterior wall construction for residential structures, other than in accordance with X Section 26. Accessory building regulations. this section, shall be allowed only on issu- 26.1. In a residence or apartment district, an ance of a specific use permit, in accordance accessory building is a subordinate building ex- with section 23 of the zoning ordinance. ceeding 120 square feet of floor area, attached to D. Where more than 60 percent of[the) exist- or detached from the main building, without ing number of residential structures along separate bath or kitchen facilities, not used for both sides of a street and lying between the commercial purposes and not rented. two nearest intersecting streets do not meet • the above minimum standards, the build- 26.2. In other districts, an accessory building is ing official May allow new construction to a subordinate building, the use of which is inci- be equal to that majority existing, but in no dental to and used only in conjunction with the case less than required by the Uniform main building. Building Code. ..7$ 26.3. An accessory building is restricted in 25.7.2. Nonresidential exterior wall standards. height to 15 feet or the height of the main struc- A. Minimum exterior wall standards for non- ture, whichever is less. residential structures shall be of at least 75 26.4.Area regulations for accessory buildings in percent brick, stone brick veneer, custom residential and apartment districts. treated tilt wall, decorative concrete block, [or] glass. These standards shall apply to (1) Size of yards. any wall or portion of wall fronting, siding (a) Front yard. Attached front accessory or backing upon a thoroughfare, and on all building shall have a front yard not walls facing or abutting residential zoned less than the main building or as spec- districts. ified in the particular district. Acces- B. This construction standard shall apply to sory buildings and carports shall be the following districts: located in the area defined as the rear R yard. B-1 (b) Side yard. There shall be a side yard - B-2 not less than five feet from any side lot I line, alley line, or easement line; ex- * The construction standards applies only to the first floor of a building in the following districts: CDA:34 A, SF-1, SF-2, SF-3. MF, 2F.SF-A. APPENDIX A-ZONING §27 cept that, adjacent to a side street, the Canopy. A canopy is a roof-like structure which side yard shall never be less than 20 shelters a use such as, but not restricted to, a feet. gasoline pump island, and is supported by either (c) Rear yard. There shall be a rear yard one or more columns or by the building to which it not less than three feet from any lot is accessory and is open on two or more sides. line, alley line, or easement line. Dilapidated or deteriorated condition. Dilapi- (d) [Garages and carports.] Attached rear dated or deteriorated condition shall mean any yard garage and carports shall meet sign: all code requirements for fire resistant separation from the main building as (a) Where elements of the surface or back- well as required rear yard setback. ground can be seen as viewed from the Detached rear garages and carports normal viewing distance(intended viewing shall be no closer than five feet to the distance), to have portions of the finished- main building. Detached garage shall material or paint flaked, broken off, or have a 20-foot rear setback. Detached missing, or otherwise not in harmony with carport shall have a 15-foot rear set- the rest of the surface; or back. (b) Where the structural support or frame mem- (e) [Distance from main building.] All ac- bers are visibly bent, broken, dented, or cessory buildings shall be a minimum torn; or of five feet from the main building. (c) Where the panel is visibly cracked or,in the (2) Area of building. The maximum square case of wood and similar products, splin- foot area for any accessory building shall be tered in such a way as to constitute an 600 feet or less. unsightly or harmful condition; or (3) [Applicability.]The area regulations as spec- (d) Where the sign,or its elements,are twisted ified in this section shall be an exception to or leaning or at angles other than those at the size of yards requirements as set out which it was originally erected (such as and•established in any particular district may result from being blown or the failure in which an accessory building is subject to of a structural support); or the specific provisions of this section and not the area regulations of such particular (e) Where the message or wording can no district. longer be clearly read by a person with normal eyesight under normal viewing con- ditions; or Section 27. Sign regulations. (f) Where the sign or its elements are not in [27.1. Definitions.] For the purposes of this compliance with the requirements of the section the following definitions shall apply, un- National Electrical Code and/or the Uni- less otherwise indicated to the contrary. form Building Code currently adopted by the city. Awning. An architectural projection which pro- vides weather protection,identity and decoration, Erect. The term "erect" shall mean to build, and is supported by the building to which it is construct, attach, hang, place, suspend or affix, attached. It is composed of a lightweight rigid or and shall also include the painting of signs on the retractable skeleton structure over which a thin exterior surface of a building or structure. cover is attached which may be of fabric or other materials, and may be illuminated. Facing or surface. The word "facing" or "sur- face" shall mean the surface of the sign upon, Banner. A temporary sign made of cloth,canvas against or through which the message is dis- or other light fabric. played or illustrated on the sign. CDA:35 PUBLIC NOTICE FOR Proposed Zoning Ordinance Amendment PUBLIC NOTICE BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF WYLIE, TEXAS AND THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, TO CONSIDER AN AMENDMENT TO SECTION 26, ACCESSORY BUILDING REGULATIONS, OF THE COMPREHENSIVE ZONING ORDINANCE NO. 85-23A, FOR THE CITY OF WYLIE, COLLIN COUNTY, TEXAS. Notice is hereby given that the following public hearings to consider AN AMENDMENT TO SECTION 26, ACCESSORY BUILDING REGULATIONS, OF THE COMPREHENSIVE ZONING ORDINANCE NO. 85-23A, will be held in the City Council Chambers of the Municipal Complex, 2000 Highway 78 North, Wylie, Texas: Planning & Zoning Commission: 7:00 PM,July 6, 1999 City Council: 7:00 PM, July 13, 1999 All citizens or interested parties desiring to be heard concerning the Proposed Amendment may speak. The application and documents are on file for public examination in the Department of Planning, 2000 Highway 78 North, Wylie, Texas This facility is wheelchair accessible and handicapped parking spaces are available. Requests for interpretation services or assistive hearing devices must be made 48 hours prior to the meeting. Contact the Office of the City Secretary at(972)442-8103, or(TDD)(972)442-8170 for assistance. Tobin E. Maples Director of Planning WYLIE CITY COUNCIL AGENDA ITEM NO. a,. July 13, 1999 Issue: Hold a public hearing and act upon a request from'Ballpen Venture II, L.P. for approval of a zone change from 13-1 (Business)to SF-2(Single Family Residential)for the property generally located at the northeast corner of South Ballard and Cloudcroff and being all of a certain .2703 acre tract situated in the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas. ZC. No. 99-03 Background: The applicant is requesting rezoning on .2703 acres in order to develop the property with a single family home. The properties to the west and south are vacant and zoned for B-1 (business) uses. The property to the east is zoned SF-2 (Single Family Residential) and developed accordingly with single family homes. The property to the north is developed with Wylie Independent School District uses. Public Comment Forms were mailed to ten (10) property owners within 200 feet of this request. One (1) Public Comment Form in support of the request has been returned. Other Considerations: The Comprehensive Plan recommends single family uses for the property. The proposed zoning and land use are consistent with Comprehensive Plan and compatible with the residential development to the west and east. The applicant will be required to plat the property prior to the issuance of any building permits. Financial Considerations: Zoning application fee in the amount of$225.00 - Paid Commission Recommendation: At the June 15, 1999, Planning and Zoning Commission meeting, the Commission unanimously to favorably this case. Staff Recommendation: Approval. The Departments of Public Works, Fire, and Community Development concur with this recommendation. Attachments: Public Comment Form Location Map Area Zoning Map Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Zoning Change Application Ordinance Tr:via Ceifikitil Prepared by Re ed by Financ City Manager Approval i pc 1:clW E41=11.1 MirI II - ,, - '1unt- 111 ,itI !II -- - -1-- - _-w 18 _ ■■■■■■ :■ - E111�i111011 SUBJECT -- 1=; • 11 PROPERTY % /\ ballit a. .. ?lima-Taw - MUM 1� i -� . - As t11111/ll gr Om=�p Tll i s i goo.mum in ON ion -au sow sirialimummumies am BROWN ST. n MI :wannessets 4�`` ��/� ...■. I. -- !!I11JIJ :P .. Vi : e • F. 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ZONING AREA MAP ZONING CASE #99-03 CD C1" _ no. M.,St.John R-1179-004- SUBJECT 0020-1 < PROPERTY M. St.John WISD R-1179-004- R-6023-000- 0260-1 \ 0010-1 - - . $' t —0 ao I d0d 1 1 x; _' � 1 � O i7 O € ;; 8 y -I I rr , " : O ; 1 x 1 1pQ "1"/ O � N O t. 4 q'..";,,,,I., cel I x N � NBC re E+ gO U 8O rt*� .O 0 p O O kO W 7 * 0 C L O U c w-r- - Choice Homes F. Kern Choice Homes R-6023-000- b r, Living Trust R-6023-000- 0560-1 3 c c R-6023-000- 0560-1 a 4, 0580-1 C `n O Choice Homes 0 1 r4 ( R-6023-000- --I 0560-1 I) C - 0 (.1) Q - PROPERTY OWNER NOTIFICATION MAP ZONING CASE #99-03 NOTIFICATION REPORT APPLICANT: Ballpen Venture II, L.P. APPLICATION FILE # 99-03 8150 N. Central Expwy, #795 Dallas, Texas 75206 . - # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Westwind Meadows P.O. Box 518 1 Blk 4 Lot 1 R-1179-004-0020-1 Melvin St. John Wylie, Texas 75098 Westwind Meadows P.O. Box 518 2 BIk 4 Lot 2 R-1179-004-0010-1 Melvin St. John Wylie, Texas 75098 Westwind Meadows P.O. Box 56 3 BIk 1 Lot 23 R-1179-001-0230-1 H.F. Tibbals Wylie, Texas 75098 Westwind Meadows 301 Stoneybrook 4 BIk 3 Lot 19 R-1179-003-0190-1 Karen Strawser Wylie, Texas 75098 5105 Skillman #220 .b - Abst. 23 Tract 58 R-6023-000-0580-1 Fred Kern Living Trust Dallas, Texas 75206-4361 P.O. Box 710071 6 Abst. 23 Tract 59 R-6023-000-0590-1 Ballpen Venture II, L.P. Dallas, Texas 75371-0071 1001 S. Ballard Avenue 7 Abst. 23 Tract 26 R-6023-000-0260-1 Wylie ISD Wylie, Texas 75098 Southplace Estates 210 Westgate Way 8 Abst. 23 Tract 56 R-6023-000-0560-1 Choice Homes Wylie, Texas 75098 TxDOT P.O. Box 90 9 Ballard Avenue Attn: Bill Lovil McKinney, Texas 75069 Part of Applicant 8150 N. Central Expwy, #795 10 Abst. 23 Tract 59 R-6023-000-0590-1 Ballpen Venture II, L.P. Dallas, Texas 75206 NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION AND CITY COUNCIL An application has been received by the City of Wylie for a: PROPOSED ZONING CHANGE Zoning Case Number: 99-03 Applicant: Ballpen Venture II,L.P. Location: Generally located at the northeast of South Ballard and Cloudcroff Property Description: (See the attached Exhibit"A"for full legal description) Present Zoning: B-1 (Business) Requested Zoning: SF-2(Single Family Residential) Construct new single family home. This public hearing is held to consider the application as an amendment to the Comprehensive Zoning Ordinance of the City of Wylie,Texas and the Official Zoning Map. The request will be considered as follows: Planning and Zoning Commission: Monday,June 15,1999,7:00 PM City Council: Tuesday,July 13,1999,7:00 PM Each public hearing will be held at the following location: City Council Chambers of the Municipal Complex 2000 Highway 78 North,Wylie,Texas This notice has been sent to all owners of real property within 200 feet of the request,as such ownership appears on the last approved city tax roll. Action by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. If the Commission recommends denial,a three-fourths majority vote by the City Council shall be required for approval. Zoning districts,amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend,but wish to have your opinions made a part of the public record,please complete the enclosed form and return it prior to the public hearing. Please print your name, address of the property you own and the tax account number(if applicable) on the enclosed form and return it to the following address: City of Wylie Department of Planning 2000 Highway 78 North Wylie,TX 75098 If the property owners of 20%or more of the land within the 200 foot notification area file a written protest prior to the public hearing, state law provides that approval of the zoning change request shall require an affirmative vote of 3/4 of the members of the City Council. The application is on file for public examination in the Planning Department at 2000 Highway 78 North, Wylie,Texas. For additional information,please contact the Planning Department at 972/442-8150. Please reference the zoning case number when requesting information. This facility is wheelchair accessible and handicapped parking spaces are available. Requests for interpretation services or assistive hearing devices must be made 48 hours prior to the meeting. Contact the Office of the City Secretary at(972)442-8103, • or(TDD)(972)442-8170 for assistance. 2 a 12: 27p City of W1ie-Conn Deve 972 442 8154 p- 1 Page 1 of 2 (5/S CITY OF WYLIE d..? P.O. BOX 428 • 9 9 ); ?_, WYLIE, TEXAS 75098 • APPLICATION FOR ZONING CHANGE 79_O3 No. Filing Fee $200 & $25+$225.00 Date 04/29/99 Applicant BALLPEN VENTURE II, L.P. Phone No. (214)692-7066 Mailing Address:8150 N. CENTRAL EXPRWY, #795 Work No. (214)692-7066 DALLAS, TEXAS 75206 • • LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (if additional space is ‘,,\ needed for description, the description may be put on a separate sheet and attached hereto).i 5 , • A /7 - . IV- . _,[..,,,, --( -0-4-.--1 , 0 G o- ' c ,...._ I hereby request that the above described property be changed from its present zoning which B1 District Classification to SF2 • District Classification for the following reasons: (attach separate sheet if necessary) • There (are) (are not) deed restrictions pertaining to the intended use of the property. Status of Applicant Owner £ Tenant Prospective Purchaser I have attached hereto as Exhibit "A" a plat showing the property which is the subject of this reqjested zoning change and have read the following concerning the importance of my submitting to tne City a sufficient legal description. Signed '!'� C� ,� Li=xti.h ;f g OWNERS CERTIFICATE - BEING 0.2703 of an acre or 11,774 square feet of land, more or less, situated in the Allen Atterberry Survey, Abstract Number 23, Collin County, Texas, and being part of the land conveyed to Ballpen Venture 1 by deed as recorded under County Clerk's Number 93- 0083695, Deed Records of said County, said 0.2703 of an acre or 11,774 square feet of land being more particularly described by metes and bounds as follows: COMMENCING at an iron rod found at the intersection of the east right-of-way line of Ballard Street (60-foot public right-of-way) with the north right-of-way line of Cloudcroft Drive (60-foot public right-of-way); THENCE: North 89 degrees 59 minutes 55 seconds East, leaving the east right-of-way line of said Ballard Street and along the north right-of-way line of said Cloudcroft Drive for 'a distance of 70.00 feet to the POINT OF BEGINNING; (1) THENCE North 00 degrees 00 minutes 05 seconds West, leaving the north right-of- way line of said Cloudcroft Drive, for a distance of 156.73 feet to the common property line of said Ballpen Venture 1 tract of land and the tract of land conveyed to Wylie Independent School District by Deed as recorded in Volume 684, Page 895 of the Deed Records of said County; • (2) THENCE South 89 degrees 45 minutes 23 seconds East, along the common property line of said Ballpen Venture 1 and Wylie Independent School District tracts of land, for a distance of 75.20 feet; (3) THENCE South 00 degrees 00 minutes 05 seconds East, leaving the common property line of said Ballpen Venture 1 and Wylie Independent School District tracts of land, for a distance of 156.41 feet to the north right-of-way line of said Cloudcroft Drive; (4) THENCE South 89 degrees 59 minutes 55 seconds West, along the north right-of-way line of said Cloudcroft Drive, for a distance of 75.20 feet to the POINT OF BEGINNING and containing 0.2703 of an acre or 11,774 square feet of land, more or less. ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO SF-2, SINGLE FAMILY RESIDENTIAL DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of SF-2, Single Family Residential District Classification, said property being described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 1999. By John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary it OWNERS CERTIFICATE $EING 0.2703 of an acre or 11,774 square feet of land, more or less, situated in the Allen Atterberry Survey, Abstract Number 23, Collin County, Texas, and being part of the land conveyed to Ballpen Venture 1 by deed as recorded under County Clerk's Number 93- 0083695, Deed Records of said County, said 0.2703 of an acre or 11,774 square feet of land being more particularly described by metes and bounds as follows: COMMENCING at an iron rod found at the intersection of the east right-of-way line of Ballard Street (60-foot public right-of-way) with the north right-of-way line of Cloudcroft Drive (60-foot public right-of-way); . THENCE: North 89 degrees 59 minutes 55 seconds East, leaving the east right-of-way line of said Ballard Street and along the north right-of-way line of said Cloudcroft Drive for .a distance of 70.00 feet to the POINT OF BEGINNING; (1) THENCE North 00 degrees 00 minutes 05 seconds West, leaving the north right-of- way line of said Cloudcroft Drive, for a distance of 156.73 feet to the common property line of said Ballpen Venture 1 tract of land and the tract of land conveyed to Wylie Independent School District by Deed as recorded in Volume 684, Page 895 of the Deed Records of said County; (2) THENCE South 89 degrees 45 minutes 23 seconds East, along the common property line of said Ballpen Venture 1 and Wylie Independent School District tracts of land, for a distance of 75.20 feet; (3) THENCE South 00 degrees 00 minutes 05 seconds East, leaving the common property line of said Ballpen Venture 1 and Wylie Independent School District tracts of land, for a distance of 156.41 feet to the north right-of-way line of said Cloudcroft Drive; (4) THENCE South 89 degrees 59 minutes 55 seconds West, along the north right-of-way line of said Cloudcroft Drive, for a distance of 75.20 feet to the POINT OF BEGINNING and containing 0.2703 of an acre or 11,774 square feet of land, more or less. WYLIE CITY COUNCIL AGENDA ITEM NO. 3 . July 13, 1999 Issue: Consider and act upon a final plat for the Woodbridge Golf Club, generally located at the intersection of SH 78 and Woodbridge,Parkway between Sachse Road and SH 78 being all of a certain 145.6831 acre tract situated in the Richard Newman Survey, Abstract No. 660, City of Wylie, Collin County, Texas and all of a certain 78.8387 acre tract situated in the Richard Newman Survey, Abstract No. 1072, City of Wylie, Dallas, County, Texas, Background: The final plat under consideration is for the Woodbridge Golf Club. The applicant is final platting 224.5218 acres of land in order to develop the property with a championship golf course, clubhouse, maintenance facility and related accessory uses. The property is currently vacant, unplatted, and zoned for PD (Planned Development) uses. Financial Considerations: Final plat application fee in the amount of$1,721.65 -Paid Other Considerations: • Staff has reviewed the proposed final plat and found it to be in compliance with the Subdivision Regulations, the approved Woodbridge Development Plan, and other pertinent ordinances of the City of Wylie except for the hike and bike trail dedication. Specifically, the Development Plan for the Woodbridge development incorporated a meandering community hiking trail that traverses the golf course. Said trail system was proposed as part of the Collin County Master Trail and Park System and needs to be called out on the face of the final plat as a park dedication to the City of Wylie. Staff recommends approval subject to the plat being revised to include said hike and bike trail dedication. Commission Recommendation: At the July 6, 1999, Planning and Zoning Commission meeting, the Commission voted unanimously to favorably recommend this case subject to staff stipulations regarding the hike and bike trail. Staff Recommendation: Approval, subject to the plat being revised to incorporate the trail system dedication as previously detailed. The Department's of Public Works, Fire, and Community Development concur with this recommendation. Attachments: Final Plat Application Final Plat Th. ChgAt6s• Prepared by v ewed by Fin ce City Manager Approval • Page 1 of 3 City of Wylie (1/95) APPLICATION AND FINAL PLAT CHECKLIST Date 4/23/98 Woodbridge Golf Qub Name of Proposed Development Woodbridge Properties, LLC & WI Properties, TIC Name of Property Owner/Developer 9696 Skillman, Ste. 210 Address Dallas, TX 75243 Phone (214) 348r1300 Woodbridge Properties, Tic Owner of Record WC Properties, L C 9696 Skillman, Ste. 210 Address Dallas, TX 75243 Phone(214) 348-1303 Name of Land Planner Post, Buckley, Schuh & Jernigan Surveyor/Engineer 5999 Susanerside, Ste. 202 Address Thllas, Phone(972) 3 2605 Total Acreage 224.5218 Current Zoning PD Number of Lots/Units 2 Signed / Dokt../40? ; I' The Final Plat shall generally conform to the Preliminary Plat, as approved by the City Council and shall be drawn legibly to show all data on a scale not smaller than 1" = 100' with a graphic scale provided. Six sets of direct prints and three Mylars of all originals, plus one on Mylar to be 17-1/2" x 23-3/4" shall be submitted. Plats prepared using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on diskette to the City. The following Final Plat Checklist is used to check compliance with the Wylie Subdivision Regulations. The following checklist is intended only as a reminder and a guide for those requirements. Page 2 of 3 RECD APR 2 31998 WYLIE CITY COUNCIL AGENDA ITEM NO. July 13, 1999 issue Discuss and consider a Resolution authorizing the City Manager to enter into an Agreement with the City of Sachse to provide wastewater treatment services for the residential portion of the Woodbridge Subdivision. Background Don Herzog of Herzog Development Corporation is in the process of developing the master planned community known as Woodbridge. The Woodbridge development encompasses approximately 920 acres (390 within Wylie) and is located south of Alanis Drive between Sachse Road and State Highway 78. Specific amenities associated with the development include an 18 hole championship golf course, park and recreational areas, neighborhood and community hiking trails, community swimming pools and a variety of residential lots ranging from 5,500 square feet to 10,000 square feet. The development of Woodbridge is progressing ahead of the schedule previously anticipated by the developer. The Herzog Development Corporation wishes to begin the process to have residential lots available in the Wylie portion of the subdivision next year. During original discussions, it was thought that the timing of the residential development in Wylie would coincide roughly with the completion of the new regional wastewater treatment plant. Because the new plant will not be completed for two to three years, Mr. Herzog has requested that the provision of sewer services be temporarily provided by the City of Garland, via their agreement with the City of Sachse. Resolutions 99-6 and 99-7 were approved by the City Council in February 1999 authorizing the City of Sachse to provide the sewer services for the golf course clubhouse complex, pavilion, pool, maintenance facility, North Texas PGA facility and golf course restroom facilities. For the purposes of the residential development, Mr. Herzog has requested sewer services for up to 150 homes per year for three years, with the ability to extend the agreement for an additional two years. The proposed Resolution is worded so that the City of Sachse would provide the services until such time as the City of Wylie is capable of providing sewer services. At that time, an attachment to the Wylie system would be required. Financial Considerations Because the residential development will ultimately be treated by, and have an impact on, the Wylie treatment plant, all sewer impact fees will be paid by the developer to the City of Wylie. Other Considerations N/A Board/Commission Recommendation Staff Recommendation Attachment Resolution Letter - Herzog Development Corporation i ,74-- -274,0ez__,I-et- TY1:„Le., Prepared by 61114,,dyRevie d by Financ City Manager Approval RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITY OF SACHSE FOR THE PROVISION OF WASTEWATER TREATMENT FOR THE WOODBRIDGE SUBDIVISION, AS LOCATED IN "EXHIBIT A" WHEREAS, the City of Wylie provides wastewater treatment to the citizens of the City of Wylie; and WHEREAS, the Woodbridge Subdivision is being developed in the City of Wylie and the City of Sachse; and WHEREAS, the City of Wylie has previously approved Resolutions 99-6 and 99-7 providing for the temporary provision of wastewater treatment services through the City of Sachse for the Woodbridge Golf Course Clubhouse Complex, Pavilion, Pool, Maintenance Facility, North Texas PGA Facility and Golf Course Restroom Facilities; and WHEREAS, the residential portion of the Woodbridge Subdivision located within the City of Wylie is in need of Wastewater Treatment Services; and WHEREAS, the City of Sachse could provide such services, upon concurrence of the City of Garland which provides services by contract to the City of Sachse, until such time the City of Wylie is capable of providing such services an attachment would be required; NOW, THEREFOR BE IT ORDAINED BY THE CITY COUNCIL OF WYLIE, TEXAS: That the City Manager of the City of Wylie is hereby directed to enter into an agreement with the City Manager of the City of Sachse to provide wastewater treatment for the residential portion of the Woodbridge subdivision, not to exceed 150 connections per year, until such time that the City of Wylie is capable of providing such services. Any building or facility which can be serviced by the City of Wylie would be required to immediately attached to the Wylie wastewater system. g ueve .opment Gorpvr ltuni . '4O HERZOG DEVELOPMENT CORPORATION • June 15, 1999 Mr. Mike Collins City Manager City of Wylie 2000 State Hwy. 78 North Wylie, Texas 75098 Re: Woodbridge Sanitary Sewer Service As you know, sales at Woodbridge have exceeded our expectations. In reviewing our concept plan, we would like to begin developing lots in the City of Wylie next year. We need to begin engineering and platting now to have lots available in 2000. Since it appears the Wylie sewage treatment plant will not be on line from 3 to 5 years from now, we would like to follow up on previous discussion to have temporary sewer service through the City of Sachse. We would like to have approval for 150 homes per year for 3 years with the ability to extend for an additional 2 years. This should give us ample connections until the Wylie sewage plant is operational. I know there is some concern by the City of Sachse as they will need to increase capacity in lift stations and sewer line. However these same improvements will be needed for ultimate build-out of Woodbridge within Sachse. Also I am enclosing a letter from the Wylie 1SD. According to Dr. Fuller,this is the outside date for construction. The board could move the construction date forward. One of the reasons for the urgency is the golf course maintenance facility. The City of Wylie addressed the maintenance facility in resolution 99-7(R). However the City of Sachse only approved the Woodbridge Clubhouse Complex. In their discussions with Garland, the City of Garland wants to review and act on all requests at one time. If there are any questions, please contact our office. Your input and assistance is greatly appreciated. Sincerely, Don Herz encl 3848 Skillman Strsst,Suite 210• Dallas,Texas 75243 •(214)348.1300 Off• (214)343-1720 Fax WYLIE CITY COUNCIL AGENDA ITEM NO. 5 July 13, 1999 KUM Consider and act upon a preliminary plat for the Southplace Estates Phase III subdivision, proposed by Ballpen Venture II,LP.,generally located at the northeast corner of South Ballard and Cloudcroft Drive and being all of a certain .2703 acre tract out of the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas. Background: The preliminary plat under consideration is Phase III of the Southplace Estates subdivision. The applicant is final platting .2703 acres in order to develop the property with one (1) single family home. The property is currently vacant, unplatted, and in the process of being rezoned for SF-2 (Single Family Residential) uses. Financial Considerations: Application Fee in the amount of$127.00 - Paid Other Considerations: • Staff has reviewed the proposed preliminary plat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie (subject to City Council approval of Zoning Case No. 99-03). As a result, this case must be approved as it complies with state statues and the City of Wylie Subdivision Regulations. • The applicant is aware that the property must be final platted prior to the issuance of building permits. Commission Recommendation: At the June 15, 1999, Planning and Zoning Commission meeting, the Commission voted unanimously to favorably recommend this case per staff stipulations. Staff Recommendation: Approval, subject to City Council approval of Zoning Case No. 99-03. The Department's of Public Works, Fire, and Community Development concur with this recommendation. Attachments: Preliminary Plat Application Preliminary Plat -JAL eta42 Prepared by Rev' ed by Finance City Manager Approval Page 1 of 3 City of Wylie (1/95) APPLICATION AND PRELIMINARY PLAT CHECKLIST Date 04/29/99 Name of Proposed Development SOUTHpLACE ESTATES PRASE III Name of Property Owner/Developer BALLPEN VENTURE II, L.P. Address 8150 N. CENTRAL EXPRWY, #795 Phone (214)692-7066 DALLAS, TEXAS 75206 Owner of Record BALLPEN VENTURE II, L.P. Address 8150 N. CENTRAL EXPRWY, 795 Phone (214)692-7066 DALLAS, TEXAS 75206 Name of Land Planner R-DELTA ENGINEERS, INC. • Surveyor/Engineer Address 705 W. AVENUE B, SUITE 606 Phone (972)494-5031 GARLAND, TEXAS 75040 Total Acreage 0.2703 ACRES OR 11,774 SQ. FT_ Currerit Zoning Number of Lots/Units 1 Signed --,-rt The Preliminary Plat shall be drawn legibly in ink on a Mylar sheet not exceeding 24" x 36", showing all data on a scale not to excood 1" = 100'with a graphic scale provided. Three sets of blueline prints shall be submitted along with a copy of the boundary traverse calculations of the subdivision. 'Plats prepared using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on diskette to the City. The following Preliminary Plat Checklist is used to check compliance with the Wylie Subdivision Regulations. The following checklist is intended only as a reminder and a guide for those requirements. Provided or Not Shown on Plat Applicable X 1 . The boundary line (accurate in scale and orientation) of the tract to be subdivided. WYLIE CITY COUNCIL AGENDA ITEM NO. (D . July 13, 1999 Issue: Consider and act upon a preliminary plat,for Phase II of the Birmingham Farms Addition, proposed by Birmingham Land,Ltd./Wylie Bilco, Inc., for the property generally located north of Brown Street and Birmingham Elementary and west of the Pointe North Phase II subdivision and being all of a 88.925 acre tract situated in the M. Phalen Survey, 'Abstract No. 695, and the D. Williams Survey, Abstract No. 1021, City of Wylie, Collin County, Texas. Background: The preliminary plat under consideration is Phase II of the Birmingham Farms Addition. The applicant is preliminary platting 88.925 acres of land in order to develop the property with 227 single family residential lots and 128 duplex lots. The property is currently vacant, unplatted, and zoned for SF-3 (Single Family Residential) and 2F (Two-Family Duplex) uses. Section 4.07 of the City of Wylie Subdivision Regulations states that an applicant may appeal the decision of the Commission with regard to a preliminary plat by filing a Notice of Appeal. Specifically, the Council shall consider the appeal at a public meeting and either affirm, modify or reverse the decision of the Commission and may, where appropriate, remand the plat to the Commission for further proceedings consistent with Council's decision. At the June 15, 1999, Planning and Zoning Commission meeting, the Commission voted unanimously to recommend denial of this case. Section 212.005 of the Texas Local Government Code states that the municipal authority responsible for approving plats must approve a plat or replat that is required to be prepared and that satisfies all applicable regulations. Staff has reviewed the proposed plat and found it to be in compliance with all applicable subdivision regulations and other pertinent ordinance of the City of Wylie. As a result,this case must be approved as it complies with state statues and the City of Wylie Subdivision Regulations. Financial Considerations: Plat application fee in the amount of$835.00 - Paid Other Considerations: • Staff has reviewed the proposed preliminary plat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie. • The Subdivision Regulations state that where subdivisions are platted so that the rear yards of residential lots are adjacent to a dedicated roadway, the owner shall provide screening at his or her sole expense. The applicant is proposing a 6' wood fence with brick columns in order to comply. Staff recommends that the applicant clarify the when the proposed screening will be constructed. Specifically, the applicant should revise screening note 5 on the screening concept sheet to indicate all required screening will be constructed at the time of subdivision improvements and prior to the issuance of any building permits. • The applicant is dedicating approximately 5.3 acres of land for park improvements. The Parks Boards has reviewed the preliminary dedication plans and recommended approval of the dedication. • The applicant is aware that all applicable issues and permits concerning development/access on the T.P. & L. right-of-way must be resolved prior to scheduling a final plat for hearing by the City Council. • The applicant has proposed open drainage channels within the Texas Power and Light Easement and along the west side of Westgate Way. The City's Consulting Engineer has reviewed and approved said preliminary drainage plans subject to notification from the Corps of Engineers verifying their desire to have open drainage channels within their jurisdiction. • The applicant is aware that final water and sewer connections, and drainage improvements must be approved by the City's Consulting Engineer. Commission Recommendation: At the June 15, 1999, Planning and Zoning Commission meeting, the Commission voted unanimously to recommend denial of this case due to the fact that the plat did not comply with the subdivision regulation. Staff Recommendation: Approval, subject to engineering approval of the final water, sewer, and drainage improvements, and the addition of the screening note as detailed above. The Department's of Public Works, Fire, and Community Development concur with this recommendation. Attachments: Preliminary Plat Application Preliminary Plat Screening Concept Prepared by Rev' ed by Finance City Manager Approval Page 1 of 3 A rN • City of Wylie.(1/95) fin APR 0 izizi'd APPLICATION AND PRELIMINARY PLAT CHECKLIST Date April 7, 1999 Name of Proposed Development Birmingham Farms, Phase 2- Name of Property Owner/Developer Birmingham Land, Ltd./Wylie Bilco, Inc. Address 6606 Mapleshade, 116E, Dallas, TX 75252 Phone (Q7?) gnc_e77o Owner of Record Same as above Address Phone Nome of Land Planner Carter & Burgess, Inc. Roger McInnis, P.E. Surveyor/Engineer Address 7950 Elmbrook Dr., Dallas, TX 75247 Phone (214) 638-0145 • Total Acreage 78 ,� Current Zoning sf-3/2F Number of Lots/Units 355 . Signed /ir- The Preliminary Plat shall be drawn legibly in ink on a Mylar sheet not exceeding 24" x 36", showing all data on a scale not to exceed 1" = 100'with a graphic scale provided. Three sets of blueline prints shall be submitted along with a copy of the boundary traverse calculations of the subdivision. Plats prepared using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on diskette to the City. The following Preliminary Plat Checklist is used to check compliance with the Wylie Subdivision Regulations. The following checklist is intended only as a reminder and a guide for those requirements. • Provided or Not Shown on Plat Aorplicable 1 . The boundary line (accurate in scale and orientation) of the tract to be subdivided. WYLIE CITY COUNCIL AGENDA ITEM NO. 1 July 13, 1999 issim Consider and act upon a preliminary plat for Phase III of the Birmingham Farms Addition, proposed by Birmingham Land,Ltd./Wylie Bilco, Inc., for the property generally located behind Dodd Elementary School along the north side of Park Blvd. and being all of a 116.335 acre tract situated in the J. McUlmurray Survey, Abstract No. 629, and the C. Atterbury Survey, Abstract No. 22, City of Wylie, Collin County, Texas. Background: The preliminary plat under consideration is Phase III of the Birmingham Farms Addition. The applicant is preliminary platting 116.335 acres of land in order to develop the property with 304 SF-2 (single family residential) lots and 54 SF-1 (single family residential) lots. The property is currently vacant, unplatted, and zoned for SF-1 and SF-2 (Single Family Residential) uses. Section 4.07 of the City of Wylie Subdivision Regulations states that an applicant may appeal the decision of the Commission with regard to a preliminary plat by filing a Notice of Appeal. Specifically, the Council shall consider the appeal at a public meeting and either affirm, modify or reverse the decision of the Commission and may, where appropriate, remand the plat to the Commission for further proceedings consistent with Council's decision. At the June 15, 1999, Planning and Zoning Commission meeting, the Commission voted unanimously to recommend denial of this case. Section 212.005 of the Texas Local Government Code states that the municipal authority responsible for approving plats must approve a plat or replat that is required to be prepared and that satisfies all applicable regulations. Staff has reviewed the proposed plat and found it to be in compliance with all applicable subdivision regulations and other pertinent ordinance of the City of Wylie. As a result,this case must be approved as it complies with state statues and the City of Wylie Subdivision Regulations. Financial Considerations: Plat application fee in the amount of$841.00 - Paid Other Considerations: • Staff has reviewed the proposed preliminary plat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie. • The applicant is dedicating approximately 5.3 acres of land for park improvements. The Parks Boards has reviewed the preliminary dedication plans and recommended approval of the dedication. • The applicant is aware that final water and sewer connections, and drainage improvements must be approved by the City's Consulting Engineer. Commission Recommendation: At the June 15, 1999, Planning and Zoning Commission meeting, the Commission voted unanimously to recommend denial of this case due to the fact that the plat did not comply with the subdivision regulation. Staff Recommendation: Approval, subject to engineering approval of the final water, sewer, and drainage improvements. The Department's of Public Works, Fire, and Community Development concur with this recommendation. Attachments: Preliminary Plat Application Preliminary Plat 9 n. A , 01, (Alia Manager A roval Prepared by Rev ed by Financ: Cityg pp Page 1 of 3 1th APR 0 8 1999 City of Wylie ( 1/95) APPLICATION AND PRELIMINARY PLAT CHECKLIST Date April 7, 1999 Name of Proposed Development Birmingham Farms, Phase 3 Name of Property Owner/Developer Birmingham Land, Ltd./Wylie Bi lco, Inc. Address 6606 Mapleshade, #16E, Dallas, TX 75252 Phone 0172) gRc_A77n Owner of Record Same as above Address Phone Name of Land Planner Carter & Burgess, Inc. Roger McInnis, P.E. Surveyor/Engineer Address 7950 Elmbrook Dr., Dallas, TX 75247 Phone (214) 638-0145 Total Acreage 113 Current Zoning sf-2/sf-1 Number of Lots/Units 358 . Signed The Preliminary Plat shall be drawn legibly in ink on a Mylar sheet not exceeding 24" x 36", showing all data on a scale not to exceed 1" = 100'with a graphic scale provided. firee sets of blueline prints shall be submitted along with a copy of the boundary traverse calculations of the subdivision. Plats prepared using AutoCad a other computer aided design techniques shall also provide a copy of all drawings on diskette to the City. The following Preliminary Plat Checklist is used to check compliance with the Wylie Subdivision Regulations. The following checklist is intended only as a reminder and a guide for those requirements. Provided or Not Shown on Plat Applicable 1 . The boundary line (accurate in scale and orientation) of thr to be subdivided. WYLIE CITY COUNCIL AGENDA ITEM NO. July 13, 1999 Issues: Consider and Act Upon an Ordinance Annexing all of a certain 136.339 Acre tract situated in the William Patterson Survey, Abstract No. 716,Collin County, Texas and being a portion of a 157.53 acre tract of land according to the deed recorded in Volume 254, Page 563 of the Deed Records of Collin County, Texas(DRCCT). Background: The City of Wylie has received a request for annexation from Kurtz- Bedford Associates, Incorporated, for Barbara D. Wilkinson on a 136.339 acre tract generally located along the west side of FM 1378 across the street from the Newport Harbor development. The applicant is requesting annexation in order to enable development of the property utilizing City of Wylie utilities and has indicated a contract to develop the property has been issued. Staff has held preliminary discussions with the applicant regarding the use and zoning of this property and anticipate a request for rezoning subsequent to Council approval of the annexation request. 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 May 13, 1999, and May 25, 1999, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for June 22, 1999. Notice published for the first public hearing: April 28, 1999 First Public Hearing: May 13, 1999 Notice published for the second public hearing: May 12, 1999 Second Public Hearing: May 25, 1999 Institution date (Adopt Ordinance): June 22, 1999 Financial Considerations: According to the Collin County Central Appraisal District, the marketing value of the property is $520,000.00 with an accessed taxable valuation of$ 23,794.00. 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). Commission Recommendation: Not applicable Council Update: At the June 22, 1999, City Council meeting, Council voted to table this per the applicant's request. Staff Recommendation: Approval Attachments: Applicant's letter Exhibit"A" legal description City limits boundaries map Service Plan Annexation Ordinance j // iy) r (A4•46 Prepared by Rev/ ed sy Finan.• City Manager Approval -\:_, =____. I . II lip LUCAS C lY LIMITS Parker Road F.M. 2514 C eJ ■ No' .. ■ Jr •oa• M. 2 14 t .'PARKER CITY LIMITS �� 91 II iT 4 `ly,,I t-(� �kz�',' 1IIIff1111/►�f 1111�►311111.016,, , i,! r"x ,� ' /fff fff Ifi►.�♦ ,�jt11111111T 11 . I)_, ♦ ��1Q11111I1► '11111f111f11►'l ♦♦� 0111111�� :,) , r 1 11111111111110 0 ♦00Q1111f111fi 111111111111f01,�S♦ 11f1111.1f1I11 • i ir'`'-'':;);'; ..., •/ i 6 11111111111111►t' ,0 011.1111111I11 C iIII11111111I11bt ��♦ ��111111111f■ 1111I11IIIIIII '1 ' Eol 0011111F1 J 111 111111111111n_ 0♦ dIIIIIIIII . illi. 11° " ROiif11i1111►►t%' `0j i i 1 1 1 i 1; 111111111111111111��`� • n in LZ �// l4i ) ' McMillen R fi l i 1 11 _ I I I I I I 1 PROPOSED ANNEXATION MAP • - - • January 21, 1999 CITY OF WYLIE • 2000 Highway 78 North Wylie, Texas 75098 Attn: Mr. Mike Collins, City Manager „ . Dear Mr. Collins: This letter shall serve as my request for an annexation on the property described on Exhibit "A" attached hereto. Sincerely, J cV `� Z Barbara D. Wilkinson 3830 Douglas Garland, Texas 7S`0Y7 972-278-7049 Kurtz - Bedford Associates, Inc. : 0 CONSULTING ENGINEERS-SURVEYORS 4222 Rosehill Road Suite No.2 Garland,Texas-75043 972-240-5999 Fax 972-240-4466 352 Cedar Crest Drive Coppell,Texas 75019 972-462-7441 Fax 972-462-7661 January 25, 1999 • Mr.:Tobin Maples,Planning Director City of Wylie fr.e�w� 2000 Highway 78 North / Wylie, Texas 75098 ^'`Q� 'Maf( RE: Barbara Wilkinson- 130 Acre Annexation Request 1 Dear Mr. Maples: Please find enclosed the following: Letter dated January 21, 1999 from Barbara Wilkinson requesting annexation Exhibit"A" -legal description for tract Location Map for your use By these documents,Ms. Wilkinson is requesting annexation. Please fax me a schedule for council meetings that this item will be considered. Sincerely, Kurtz-Bedford Associates,Inc. 06\'\-7 Tony Krauska,P.E. Garland Project Manager cc: Barbara Wilkinson Steve Topletz EXHIBIT "A" 136.339 Acres -William Patterson Survey -Abstract No. 716 FIELD NOTE DESCRIPTION { 02/12/99 BEING a 136.339 acre tract of land situated in the William Patterson Survey,Abstract Number 716, Collin County, Texas and being a portion of a 157.53 acre tract of land according to the deed recorded in Volume 254, Page 563 of the Deed Records;of Collin County, Texas(DRCCT) and being more particularly described as follows: BEGINNING at a one inch iron pipe found for the southeast corner of a 29.07 acre tract of land according to the deed recorded•in Volume 687,Page 261 (DRCCT)and being located in the westerly right-of-way line of F.M. 1378 (a 90 feet wide right-of-way); THENCE along the westerly right-of-way line of said F.M. 1378 as follows: SOUTH 00°08'34" EAST a distance of 513.79 feet to a 5/8 inch iron rod set for the beginning of a curve to the right having a radius of 1,864.86 feet, a chord bearing of South 03%%d40'27° West and a chord length of 248.22 feet; Along said curve to the right through a central angle of 07°37'55" for an arc length of 248.40 feet to a 5/8 inch iron rod set for the point of tangency; SOUTH 07°29'25"WEST a distance'of 296.00 feet to a 5/8 inch iron rod set for the beginning of a curve to the left having a radius of 1,954.86 feet,a chord bearing of South 04%%d17'56 West and a chord length of 217.70 feet; k- Along said curve to the left through a central angle of 06°23'02" foi an arc length of 217.81 feet to a 5/8 inch iron rod set for the point of tangency; SOUTH 01°06'25" WEST a distance of 969.65 feet to a 3/8 inch iron rod found for the northeast corner of a 100.00 acre tract of land according to the deed recorded in Volume 883. Page 628 (DRCCT); THENCE departing the westerly right-of-way line of said F.M. 1378 NORTH 89°40'14" WEST a distance of 2,617.12 feet to a one inch iron pipe found for the northwest corner of said 100.00 acre tract of land; THENCE NORTH 63°30'26" WEST a distance of 28.19 feet to a 1/2 inch iron rod found for the southeast corner of a 207.452 acre tract of land according to the deed recorded in Volume 860, Page 381 (DRCCT); THENCE 2long the easterly line of said 207.452 acre tract of land as follows: NORTH 02°44'29"EAST a distance of 993.36 feet to a 5/8 inch iron rod set for corner; NORTH 01°46'26"WEST a distance of 804.78 feet to a 5/8 inch iron rod set for corner; -- NORTH 03°42'09"EAST a distance of 423.02 feet to a wood fence post found for the southwest corner of a 9.0 acre tract of land according to the deed recorded in Volume 390, Page 100(DRCCT); NORTH 89°02'17" EAST a distance of 460.09 feet to a wood fence post found for the southeast corner of said 9.0 acre tract of land and the southwest corner of said 29.07 acre tract of land; THENCE along the southerly line of said 29.07 acre tract of land as follows: SOUTH 89°12'27"EAST a distance of 1,297.76 feet to a 5/8 inch iron rod sec for corner; • NORTH 89°40'00" EAST a distance of 923.00 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 136.339 acres or 5,938,946 square feet of land, more or less. c£ • "EXHIBIT B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO. DATE OF ANNEXATION ORDINANCE:_June 2, 1999_ ACREAGE ANNEXED: 136.339 ACRES SURVEY, ABSTRACT & COUNTY: _William Patterson Survey _Abstract Number 716 _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 equipment 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 utilisation 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 effectiv_e,date of the annexation ordinance. These ordinances and regulations will be:enfQrced 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 the 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 property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. 2 C:Annex.ltr "EXHIBIT B" 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, 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 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. 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 C:Annex.ltr "EXHIBIT B" 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 Ordinance and other applicable ordinances and regulations. City participation in the costs of these extensions shalll be jn 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 within four and one-half(4-1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within approved dedicated easements shall be maintained by the City 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 approved dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City 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 Ordinance and other applicable City ordinance 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(4-1/2) years after that date. 4 C:Annex.ltr "EXHIBIT B" 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 administration 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. [ADD IF VOLUNTARY ANNEXATION:The parties agree that because of the size or projected manner of development by the owner and/or developer, it is not reasonably expected and the parties do not require construction of capital improvements to be substantially completed within four and one-half(4-1/2)years. NOTE: owner will sign Service Plan if the annexation is voluntary]. 4. Notwithstanding-anything set forth above, this Service Plan does not require all municipal services g"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. 5. The Service Plan is valid for ten(10)years from the effective date of the Ordinance. Owner Signature 5 C:Annex.ltr CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A 136.339 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE WILLIAM PATTERSON SURVEY, ABSTRACT NO. 716, BEING A PORTION OF A 157.53 ACRE TRACT OF LAND ACCORDING TO THE DEED RECORDED IN VOLUME 254, PAGE 563 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS (DRCCT); PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE- DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021, Local Government Code and City of Wylie, Texas' ("Wylie") Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property(the "Property")to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code, the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS, the City Council finds that the service plan has been prepared in full compliance with Section 43.056, Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS, the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1999. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News WYLIE CITY COUNCIL AGENDA ITEM NO. q July 13 , 1999 Issue Consider and act upon approval and final acceptance of the construction of miscellaneous water system improvements, and authorize final payment to TGR Constructors in the amount of$41,705.19 and accept the project as complete. Background On September 22, 1998, the Wylie City Council awarded a construction contract to TGR Constructors for the Miscellaneous Water System Improvements(the remaining water main projects of the 1995 Bond Program). The project involved the installation of approximately 8,500 total feet of water main at different locations throughout the City, including about 1,500 feet of 8-inch water line to be installed along Ballard Avenue.Four change orders were issued to TGR for the related construction of the 8-inch water line along Ballard Avenue. A new water line was designed to extend from Stone Road to Butler Street to allow the installation of the 72" NTMWD water transmission line and the associated reconstruction of Ballard Street. The design also included relocation at the intersection of Stone Road and Ballard Avenue. Some of the water line improvements at the intersection were not performed due to right-of-way acquisition and constraints. Financial Considerations This project was financed through the 1995 Bond Program. The original project amount was $348,802.00. There were six change orders issued on the contract which netted out to $68,249.94 and brought the the final contract price to $417,051.94. The total cost of the project to date including construction, enginnering, testing and other miscellanous costs is $476,111.72. Other Considerations Acceptance by the City Council will initiate the one year warranty period in which the contractor is liable for any repairs which may be required in that time period. A provision in the contract provides that thee warranty period begins ion the date of final acceptance by the City. Board/Commission Recommendations N/A Staff Recommendations The Hogan Corporation and Staff recommends final acceptance of the project and issuing final payment to TGR Constructors in the amount of$41,705.19. The contractor has satisfactorily fulfilled the terms of the contract. Attachments Letter from the Hogan Corporation Final Payment Request Contractor Affidavit of Final Payment and Release Consent of Surety Pre red evi ed by Financ City Manager Approval CITY OF WYLIE PAYMENT AUTHORIZATION REQUEST 06/30/1999 Date Lisa Price From 07/16/1999 Due Date ard/ Return Check to Department Vendor No. Pay To: TGR Constructors,Inc. P.O.Box 210487 Bedford,Texas 76095-7487 Invoice Invoice Fund Dept No Object SAC Amount Number Date (XXX) (XXX) (XXXXX) (XXXX) Final 06/28/1999 612 901 58410 8506 • $4-1,705.19 /(:) CP L oo =aOh 10 OoO 3 '4'0/ `Y .0.3 ......................... GRAND TOTAL Explanation: Final payment request for Miscellaneous Water System Improvements,1995 Bond Program for TGR Constructors,Inc. City Council approved and accepted this project at the July 13,1999 meeting. The one year warranty period begins on this date of final acceptance. Finance Dept. Department Head THE HOGAN CORPORATION Engineers • Planners • Consultants June 28, 1999 Mr. Mike Collins City Manager City of Wylie 2000 Hwy. 78 North Wylie, TX 75098 Attention: Lisa Price, Project Coordinator RE: Miscellaneous Water System Improvements, 1995 Bond Program THC# 002-43.42 Dear Mr. Collins: We are submitting herewith for your review four (4) copies,of Final Progress Estimate for the construction work completed by TGR Constructors, Inc. for the period from May 1 through May 10, 1999, on the above referenced project. The items included in this month's pay request have been reviewed and found to conform with the work actually performed. This final pay request includes the $41,705.19 retainage held on the contract amount. The Contractor has submitted a "Consent of Surety" from the bonding company as well as an "Affidavit of All Bills Paid." Copies of these documents are attached for your reference. Approval of the Final Pay Request and acceptance of the project will initiate the one year warranty period. With your approval of this Final Progress Estimate, please execute all copies, retain two (2) copies for your files, return one (1) copy to this office, and send one (1) copy to TGR Constructors, Inc., P.O. Box 210487, Bedford, TX 76095-7487, along with your remittance in the amount of $41,705.19. Yours very truly, THE HOGAN� CORPORATION t;t01/ohil, J. Chris Holsted, P.E. Enclosures cc: Larry K. Fuson, P.E. Al Member, Consulting Engineers Council of Texas 18333 Preston Road, Suite 455 /� Member, American Consulting Engineers Council Dallas, Texas 75252 TEL: (972) 380-4646 FAX: (972) 380-4633 Final Application for Payment • Owner: City of Wylie For Period From: May 1,1999 To: May 10,1999 Prpject Name: Miscellaneous Water System Improvements 1995 Bond Program Owner's Project No.: Engineer's Project No.: 002-43.42 Contractor: TGR Constructors,Inc. Address: P.O.Box 210487 Bedford,TX 76095-7487 CONTRACT AMOUNT CONTRACT TIME Amount of Contract as Awarded: S348.802.00 Contract Date: October 12,1998 Change Orders: Start Date: October 12,1998 P1 S9.229.76 Time Allotted: 150 cal.days #2 (S43,610.80) Time Extensions: 0 cal.days #3 S171,550.00 Revised Contract Time: 150 cal.days #4 S50,515.00 Elapsed: 210.00 cal.days #5 S11,893.36 %Time Elapsed: 140.00% #6 Remaining: -60 cal.days Total Change Orders: S199,577.32 Total Adjusted Contract: S548,379.32 ESTLMATE SUMMARY Amount Completed to Date(See Attached): S417,051.94 Material on Hand(See Attached): PROJECT TOTAL TO DATE: 76.05% S417,051.94 Less 0% Retainagc: S0.00 Less Previous Payments: S375,346.75 Total Deductions: S375,346.75 (S375,346.75) TOTAL AMOUNT DUE THIS ESTIMATE: S41,705.19 Recommended: Approved: r By: Z�' ZZ Date: Date: Engineer City of Wylie 6/21/99 Page I Final App for Pay-TGR TOR CONSTRUCTORS, INC. Invoice P.O. BOX 210487 BEDFORD, TX 75095-7487 DATE INVOICE# 5/10/99 169 BILL TO, City of Wylie 2000 Hwy 78 North Wylic,TX 75098 P.O.NO. TERMS PROJECT ITEM QUANTITY DESCRIPTION RATE AMOUNT --i 1111 City of Wylie Misc.Water Improvements,Package A&B 41,705.19 41,705.19 1 Final Retainage { I i Total $41,705.19 Phone 817-268-2560 • Fax 817-268-2580 5/10/99 TGR Constructors, Inc. - P. O. Box 210487 Bedford, Texas 76095-7487 f Job Number: 98-010 Miscellaneous Water Mains Package A& B/City of Wylie Texas _ - Estimate No.9& Final I Date:_ 5110199 I !- ! _ Ouanfit . Amount Previo:ss , Tote! Amount % . Description Quantity Unit Price Total This Est. This Est. Quantity Quantity To Date Complete Water Package A 1 8"C-900 5,030.00 i $ 27.00 $ 135,810.00 $ - 2,776.00 2776 $ 74,952.00 55.19% 2 12"C-900 2,385.00 If $ 28.00 $ 66,780,00 $ - 1,587.00 1587 $ 44,436.00 66.54% 3 6"Tapping sleeve&Valve 1.00 ea $ 1,500.00 $ 1,500.00 $ - 2.00 2 $ 3,000.00 200.00% 4 8"Tapping Sleeve&Valve 4.00 ea $ 2,000.00 $ 8,000.00 _$ - 2.00 2 $ 4,000,00 50.00% 5 14"x 8"Tapping Sleeve &Valve 2.00 ea $ 4,500.00 $ 9,000.00 _ $ - 2.00 2 $ 9,000.00 1 100.00% 6 12"x 8"Tapping Sleeve &Valve 1.00 ea $ 2,200.00 $ 2,200.00 $ - _ 0 $ - 0.00% 7 12"Tapping Sleeve &Valve 2,00 ea $ 2,500.00 $ 5,000.00 $ - 1.00 1 $ 2,500.00 50.00% 8 6"Gate Valve 1.00 ea $ 400.00 $ 400.00 $ - 0 ,$ - 0.00% 9 8"Gate Valve 9.00 ea $ 500.00 $ 4,500.00 $ - 7.00 7 $ 3,500.00 77.78% 10 12"Gate Valve 5.00 ea $ 1,000.00 $ 5,000.00 $ - 4.00 4 $ 4,000.00 80.00% 11 Fire Hyd.Assemblies 10.00 ea $ 2,000.00 $ 20,000.00 $ - _ 7.00 7 $ 14,000 00 70.00% 12 R&R Culverts 2.00 ea $ 500.00 $ 1,000.00 $ - 0 $ 0.00% 13 Rem.6"Gate Valve 2.00 ea $ 200.00 $ 400.00 $ - 0 $ - 0.00% 14 Cut In 4"x 4"Tee 1.00 ea $ 1,000.00 $ 1,000.00 $ - 0 $ - 0.00% 15 22"Cased Bore 130.00W If $ 185.00 $ 24,050.00 $ - 130.001 130 $ 24,050.00 100.00% 16 Conc.Enc. 40.00 If $ 25.00 $ 1,000.00 $ - 0' $ 0.00% 17 Water Service 85.00 ea $ 350.00 $ 29,750.00 $ - 58.00 58 $ 20,300.00 6824% 18 Trench Safety 7,415.00 If $ 0.20 ( $ 1,483.00 _ $ - 4,363.00 4363 $ 872.60 58.84% 19 Cut& Plug Exist Mains 6.00 ea $ 1,000.00 $ 6,000.00 $ 2.00 2 $ 2,000.00 33.33% Subtotal Water Package A $ 322,873.00 $ - $ 206,610.60 63.99% Water Package B 1 8"C-900 1,095.00 If $ 18.00 $ 19,710.00 __ $ - 413.00 413 $ 7,434.00_ 37.72% 2 8"Tapping Sleeve &Valve 1.00 ea $ 2,000.00 $ 2,000.00 $ - 1.00 1 $ 2,000.00 100.00% 3 8"Gate Valve 4.00 ea $ 500.00 $ 2,000.00 $ - 0, $ 0.00% 4 Fire Hydrant Assemblies 1.00 ea a $ 2,000.00 $ 2,000.00 $ - _1.00 1 $ 2,000.00 100.00% 5 Trench Safety 1,095.00 If $ 0.20 $ 219.00 $ - 413.00 413 $ 82.60 37.72% Subtotal Package B $ 25,929.00 $ - - $ 11,516.60 44.42% Ballard Street 1 8"C-900 2330 If $ 39.00 $ 90,870.00 ' $ - 2,322.00 2322 $ 90,558.00 99.66% 2 4"C-900 0 If $ - $ $ - 0 $ - 0.00% -� ' 2.00 2' $ 4,000.00 200.00% 2 8"x 8"Tapping Sleeve&Valve 1 ea $ 2,000.00 $ 2,000.00 _$ _ .__ 3 6"Gate Valve 1 ea $ 400.00 $ 400.00 $ 0 $ - 0.00% 4 8" Gate Valve 10 ea $ 500.00 $ 5,000.00 $ - 8,00 . 8 $ 4,000.00 80.00% 5 Fire Hydrant Assemblies 6 $ 2,000.00 $ 12,000.00 $ - 5.00 5 $ 10,000.00 83.33°k 6 Connect To Existing Mains 6 ea $ 1,000.00 $ 6,000.00 $ - 1.00 1 $ 1,000.00 16.67% Page 1 5/10/99 7 Cut&Plug Existing Mains 3 ea $ 1,000.00 $ 3,000.00 $ - 1.00 - 1 $ 1,000.00 33.33% 8 16" Casing By Open Cut 207 If $ 100.00 $ 20,700.00 , $ - 169.00 169 $ 16,900.00 , 81.64% 9 1"Water Services 27 ea $ 395.00 $ 10,665.00 $ - 43.00 43 $ 16,985.00 159.26% -10 Base Driveway Repair 345 If $ 12.00 $ 4,140.00 $ • - 251.00 251 $ 3,012.00 72.75%1 11 Asphalt Pavement Repair 175 If $ 25.00 $ 4,375.00 $ - 168.00 168 $ 4,200.00 96.00% 12 Remove Existing Sidewalk 254 If $ 5.00 $ 1,270.00 $ - 632.00 - 632 $ - 3,160.00 248.82% 13 ROW Prep P re p LJJV1 I IIsI $.V 2,500.00 $ 2,500.00 $ - LL1.00 1 $ 2,500.00 ,500.00 100.00% .14 ITTancli Safety tir.. Is a .1.0n $ 2,330.00 cW - L,3 .Vn 2U22 a 2,322.n . . 00e54 15 Reposition Water Meters To ROV 21 ea $ 300.00 $ 6,300.00 $ - 20.00 20 $ 6,000.00 95.24% Subtotal Ballard Street $ 171,550.00 $ - $ 165,637.00 Additive Alternate 1 1 8"C-900 461 If $ 39.00 $ 17,979.00 $ - 0 $ - 0.00% 2 8"x 8"Tapping Sleeve&Valve 2 ea $ 2,000.00 $ 4,000.00 $ - 0 $ - 0.00% 3 8"Gate Valve 4 ea $ 500.00 $ 2,000.00 $ - 0 $ - 0.00% 4 Connect To Existing Mains 1 ea $ 1,000.00 $ 1,000.00 $ - 0 $ - 0.00% 5 Cut&Plug Existing Mains 1 ea $ 1,000.00 $ 1,000.00 $ - 0 $ - 0.00% 6 16"Cased Bore 103 If $ 175.00 $ 18,025.00 $ - 70.00 70 $ 12,250.00 67.96°k 7 16"Casing By Open Cut 53 If $ 100.00 $ 5,300.00 $ - 0 $ - 0.00% 8 Pavement/Sidewalk/Driveway Ref 30 If $ 25.00 $ 750.00 $ - 0 $ - 0.00% 9 Trench Safety 461 If $ 1.00 $ 461.00 $ - 0 $ - 0.00% Subtotal Alternate $ 50,515.00 $ - $ 12,250.00 Additional Items 1 Water Line Repair 10/14/98 1 ea $ (85.38) $ (85.38) $ - 1 1 $ (85.38) 100.00% 2 Change Order#1 1 Is $ 9,229.76 $ 9,229.76 . $ - 1 1 $ 9,229.76 100.00% 3 Change Order#2 1 Is $ (43,610.80) $ (43,610.80) $ - 0_$ - 0.00% 4 Change Order#3 1 Is $171,550.00 $ 171,550.00 $ - 0 $ - 0.00% 5 Change Order#4 1 Is $ 50,515.00 $ 50,515.00 $ - 0 $ - 0.00% ~ 6 Change Order#5 1 Is $ 11,893.36 $ 11,893.36 $ - 1 1 $ 11,893.36 100.00% 7 Change Order#6 1 Is $ 13,200.00 $ 13,200.00 $ - 0 $ - 0.00% 8 $ - $ - p $ - #DIV/01 9 $ - $ - 0 $ - #DIV/01 Subtotal Additional Items $ 212,691.94 $ - $ 21,037.74 9.89% Project Totals $ 561,493.94 $ - $ 417,051.94 74.28% Amount Complete To Date $ 417,051.94 Less Retainage 10.00% $ (41,705.19) Subtotal $ 375,346.75 Less Previous Payments $ 375,346.75 J_ Amount Due This Estimate $ (0.00) Panes 7 AFFIDAVIT AND WAIVER OF LIENS STATE OF: Texas X FINAL PARTIAL • Ruben L . Garza President being duly sworn states that he/she is the (Authorl ed Representative (Title) TGR Constructors , Inc .of being in contract with (Subcontractor/Supplier Name) The City of Wylie to furnish certain materials and/or labor as follows: (Contractor) Water Li.np Tm_prarpmentq_ City of WylPgsc gUgagriora eous Water Lines fora project(crown as located _ Wylie Texas and owned by City of Wylie and does heral;y further state on behalf of the aforementioned sSubcontractor/Supplier. PARTIAL WAIVER that there is due from the Contractor the sum of: Dollars($ ) rec;clpt of which is hereby acknowledged or the payment of which has been promised as the sole consideration of this Affidavit and Partial Waiver of Lien which is given solely with respect to said amount and which waiver shall be effective onIY upon receipt of payment thereof by the undersigned: FINAL'WAIVER that the final-balance due from the Contractor Is_the sum oft Four Hundred Seventeen Thousand Fifty Dollars($417 , 051 . 94 One & 94/100 rea:e1pt of which is hereby acknowledged or x the ;payment of which has been promised as the sole consideration of this Affidavit and Final Waiver of Lien which is given solely with respect to said amount and which waiver shall be effective only upon receipt of payment thereof by the undersigned: THEREFORE, the undersigned waives and releases unto the Owner of said premises, any and all liens, claims, actions and c',emands and all rights to same whatsoever on the above-described property and improvements thereon on account of labor or material or both,furnished by the undersigned thereto, subject to !Imitations or conditions expressed herein, if any, certified that no other party has any claim or right to a lien on account of any work performed or material furnished to the undersigned for said project and within the scope of this affidavit and•lv fiver. Executed on this the I (0 day of J.)tr1!? 19 019 ti r eto'S de...) � � C�2 ('� h5� S, Iv1C. (Subcontractor) (Authorized Representative) (Title) THIS INSTRUWiEENT WAS ACKNOWLEDGED BEFORE ME on this I (.P day of \t)►'i� ,19_ __. _,, (Notary Public) MY COMMISSION EXPIRES J 2 $ - =o: ! AMY FLORES COUNTY OF RESIDENCE: / ar►'ar14- NOTARY PUBLIC STATE OF TEXAS 'nun � MY"'NA ' .�� r-sub Rev. 8/21/98 EXHIBIT G AFFIDAVIT AND WAIVER OF LIENS STATE OF: Texas X FINAL PARTIAL • Ruben L . Garza being duly sworn states that he/she is the__p ras i cl.e.n t (Authcrrined Representative (Title) of TGR Constructors , Inc . being in contract with (Subcontractor/Supplier Name) The City of Wylie to furnish certain materials and/or labor as follows: Water Lincectoy improvements (Description of Work) for a project krr own as City of Wylie Miscellaneous Water Lines located Wylie Texas and owned by City of Wylie and does herrihy further state on behalf of the aforementioned sSubcontractor/Supplier, PARTIAL WAIVER that there is due from the Contractor the sum of: Dollars($ ) receipt of which is hereby acknowledged or Vie payment of which has been promised as the sole.consideration of this Affidavit and Partial Wiilver of Uen which is given solely with respect to said amount and which waiver shall be effective only upon receipt of payment thereof by the undersigned: FINAL'AIAIVER that the final balance due from the Contractor is the sum of: Thirteen Thousand Seven Hundred Seventeen Dollars($ 13 , 717 . 50 ) & 50/100 receipt of which is hereby acknowledged or X the payment of which has been promised as the sole consideration of this Affidavit and Final Waiver of Lien which is given solely with respect to said amount and which waiver shall be effective only upon receipt of payment thereof by the undersigned: THEREFORE,.the undersigned waives and releases unto the Owner of said premises, any and all liens, claims, actions and c',emands and all rights to same whatsoever on the above-described property and :improvements thereon on account of labor or material or both, furnished by the undersigned thereto, subject to limitations or conditions expressed herein, if any, certified that no other party has any claim or right to a lien on account of any work performed or material furnished to the undersigned for said project and within the scope of this affidavit and'4 valver. q Executed on this the I (Q day of iOne 19 IC . 1N )c ali(-- J PiLd 5 ( o . -,-) i (Subcontractor) (Authorized Re resentative) (Title) THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME on this I (D day of .\line_ ,199 9 . �,,7¢-y-k7 L' 1J�,iI - MY COMMISSION EXPIRES S- 2 — Z0o3 °��rrrrr,: AMY FLORES rRr Pv9 'i: .0.. NOTARY PUBLIC COUNTY OF RESIDENCE: �l�� _ 4: STATE OFTDXA.9 .„nra��-�O'� MY COMM.EXP.05-28-2003 Rev. 821/98 • EXHIBIT G • • •- •.yr-sub CONSENT OF OWNER 0 ARCHITECT 0 SURETY COMPANY SURETY O CONTRACTOR a Bond# RSB101080 TO FINAL PAYMENT OTHER 4(A DOCI'.MENi C707 PROJECT: (name,address) TO (Owner) ARCHITECT'S PROJECT NO: City of Wylie CONTRACT FOR: Miscellaneous Water 2000 Highway 78 North Improvements Wylie, TX 75098 ` CONTRACT DATE: CONTRACTOR: TGR Constructors, Inc. In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (hoe inset name and address of Surety Company) RLI Insurance Company: 3010 LBJ, Suite 1020: Dallas, TX 75234 • , SURETY COMPANY, on bond Of (here insert name and address of Contractor) TGR Constructors, Inc.: PO Box 210487: Bedford, TX 76095 , CONTRACTOR, hereby approves of the final payment to the Contractor. and agrees that final payment to the Contractor shall not relieve the Surety Company of any of Its obligations to There insert na-r and add!aN• of Owner City of Wylie: 2000 Highway 78 North: Wylie, TX 75098 OWNER, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, - the Surety Company has hereunto set its hand this 8th day of June 19 99 RLI Insurance Company Surety Company Signature of A orized Representative AtteS.: (Seal): Becky L. Branum Attorney-In-Fact Title 'D-E• Th, form is to be use.: as a companion document to MA DOCUMENT C706, CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEWS AND CLAIMS Cwrent Elation MA DOCt.ME.V(C707•CONSENT OF SURETY COMPANY TO FINAL PAYMENT •APRIL 1970 EDRmON •AIA'S ONE PAGE 0'1970•THE AMERICAN t,NSTITVTE or t'RCHITECTS.t735 NEW YORK AVE., NW.WASNINCTOv, D.C. 20006 POWER OF ATTORNEY D,,, L V I S I ,N P 0.Boa 3967 • Peers,It 61612.3967 (Irrevocable) Know All Men by These Presents: That this Power of Attorney is nut valid or in effect unless attached to the bond which it authorizes executed,but may be detached by the approving officer if desired. That RLI INSURANCE COMPANY,an Illinois corporation,does hereby make.constitute and appoint MICHAEL D. HENDRICKSON, WILLIAM B. CADENHEAD, CARRIE S. SHREFFLER, JACK E. SHREFFLER, BECKY L. BRANUM its true and lawful Agent and Attorney-in-Fact,with full power and authority hereby conferred,to sign,execute,acknowledge and deliver for and on its behalf as Surety,the following described bond. Authority Limit BID, PERFORMANCE, PAYMENT AND SUPPLY BONDS 5500,000.00 The acknowledgement and execution of such bond by the said Attorney-in-Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. All authority hereby conferred shalt expire and terminate.without notice,unless used before midnight of mat, is : 19 2000,but until such time shall be irrevocable and in full force and effect. The RLI INSURANCE COMPANY further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company.and now in force to-wit: "All bonds,policies,undertakings,Powers of Attorney,or other obligations of the corporation shall he executed in the corporate • name of the company by the President,Secretary.any Assistant Secretary.Treasurer.Vice President.or by such other officers as the Board of Directors may authorize.The President,any Vice President,Secretary and Assistant Secretary,or the Treasurer, may appoint Attorneys-in-Fact or Agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company.The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney,or other L obligations of the corporation.The signature of any such officer and the corporate seal may be printed by facsimile." • • (Blue shaded area above indicates authontrcity) The penal amount of the bond herein described may be increased if there is attached to this Power,written authority so authorizing in the form of an endorsement or letter signed by the President,Vice President,Assistant Vice President,Treasurer,Secretary or Assistant Secretary of the RLI Insurance Company specifically authorizing said increase. IN WITNESS WHEREOF,the RLI Insurance company has caused these presents to he executed by its President with its corporate seal affixed this 10th day of March, 1997. ��„+n ur rrr HL1 INSTANCE COMP.A\l' st:''4`CYOFi,)�6. �^; !J '[-eft. c e.-144 I'revdcnt State of Illinois 1 • • 1 SS County of Pe+ma I 1' v } CF:RTIFICATE On this 10th Jay of March, 1997. before me. a Notary Public, I.the undersigned officer of R1.1 Insurance Company.a stuck corpora- personally appeared Jonathan F:. ,lich:+cl, who being by me duly lion of the State of Illinois.do hereby certify that the attached Power sworn,acknowledged that he signed the above lower of Attorney as of Attorney is in full force and effect and is irrevocable;and further- the aforesaid officer of the RLI INSURANCE COMPANY and ai knowl- more,that the Resolut ion of the Company as set forth in the Power of edged said instrument to he the voluntary act and deed of said Attorney.is now in force.In testimony whereof,I have her t set my corporation. }aynd and the se of the RL1 Insurance Company this' `day of (►Y7 : . I. PIA INSURANCE COMPANY G 1, • Notary Public B : rt C ,/I/�<•t <� *+++ President + `OFFICIAL SEAL' * KATHRYN L ESC1tOANN t *IMPORTANT:This date must be filled in before it is attached to *• NOTARY PUBLIC, STATE OF ILLINOIS * the bond and it must be the same date as the bond. • * Hy Comiscion Expires 5/16/2000 * ts,►t,►tstttt SPA002(3.'97) COMPLAINT NOTICE: Should any dispute arise about your premium or about a claim that you have fled,write to the company that issued the bond or policy.If the problem is not resolved, you may also write to the Texas Dept. of Insurance, P.O. Box 149091,Aus'un, Texas 78714-9091,Fax 4 (512) 475-1771. This notice of complaint procedure is for informon only and does not become a part or condition of this bond or policy. WYLIE CITY COUNCIL AGENDA ITEM NO. ( . July 13, 1999 Issue Consider and Act Upon a Resolution to reimburse certain capital and related expenditures with proceeds from future debt revenues from revenue bonds. Background The City of Wylie intends to issue revenue bonds maturing over a twenty (20) year period totaling $1,380,000 to finance certain improvements to the City's water and sewer systems. The capital projects for this particular$1.38 million issue are detailed on Exhibit A and include the design and right-of-way acquisition for new water and sewer lines and the Rush Creek Lift station, and inflow and infiltration rehabilitation projects. Financial Considerations In May 1999, the citizens of Wylie approved the issuance of$4,250,000 in revenue bonds for certain improvements to the water and sewer system. The City plans to issue the bonds over a three to five year period. No water or wastewater rate increase is anticipated to finance this debt. Growth in the utility system customer base should generate sufficient revenues to finance the debt. The revenue bonds will be sold on August 24, 1999, and the City's financial advisers will bring results of the sale to the Council for its approval. The proceeds from the sale of the revenue bonds will be available to the City by September 30, 1999. Other Considerations This resolution complies with the requirements of Treas. Req. 1.150-2 which states that the issuer of tax exempt obligations must declare, by resolution, its expectation to reimburse expenditures. Attachments Exhibit A- 1999 Bond Program Resolution Prepared by Reviewed by Finance City Manager Approval 99Revbds.agn 1999 BOND PROGRAM Suggested First Year Program of Work Proposition Project Cost* Proposition 1 - "Big 4" - Alanis, Ballard, Stone, Kirby Design/Engineering/ROW acquisition $1,133,000 Streets - McMillen - Asphalt $123,600 - Hilltop Alley - Concrete Reconstruction (in conjunction with sewer line replacement) $164,800 General Obligation - Ballard Street Median - Landscaping $72,100 Bonds - Sidewalks/Traffic Control $180,000 Subtotal (rounded to nearest$5,000) $1,870,000 Proposition 2 - Valentine Park Channel - Construction $103,000 Drainage - Presidential Estates - Construction $103,000 - Rustic Oaks - Construction $463,500 General Obligation - 1st Street - Construction $180,250 Bonds Subtotal (rounded to nearest$5,000) $850,000 Proposition 3 - Community Park- Ballfield Lights $92,700 Parks - Community Park- Sidewalks, Drainage $51,500 - Community Park- Walking Path $77,250 General Obligation - Founders Park - Ballfield Lights (2 fields) $757,500 Bonds Subtotal (rounded to nearest$5,000) $480,000 Proposition 4 - 30" Line From Existing Wastewater Treatment Plant (WWTP) - Design/ROW Acquisition $102,000 Water & Sewer - 36" Line From Muddy Creek South to New WWTP - Design/ROW Acquisition $160,680 - 48" Line To New WWTP - Design/ROW Acquisition $466,590 Revenue Bonds - Rush Creek Lift Station - Design/ROW Acquisition $206,000 - I & I Rehab - Priorities 2 and 3 $339,900 Revenue Bond Reserve = $80,000 per $1,000,000 $102,014 Subtotal (rounded to nearest$5,000) $1,380,000 TOTAL** $4,580,000 r=1 *Construction costs plus 3% issuance costs **Total debt issuance is $5,000,000 ($410,000 Fire Truck + $4.58 Bond Projects) • A RESOLUTION declaring expectation to reimburse expenditures with proceeds of future debt. WHEREAS, the City of Wylie, Texas (the "issuer"), intends to issue debt for the construction of improvements and extensions to the City's Waterworks and Sewer System (collectively,the `Projects")and further intends to make certain capital expenditures for the Projects and currently desires and expects to reimburse such capital expenditures with proceeds of such debt; WHEREAS, under Treas. Reg. § 1.150-2 (the"Regulation"), to fund such reimbursement with proceeds of tax-exempt obligations the issuer must declare its expectation to make such reimbursement; and WHEREAS, the issuer desires to preserve its ability to reimburse the expenditures with proceeds of tax-exempt obligations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, THAT the issuer reasonably expects to reimburse capital expenditures with respect to the Projects with proceeds of debt hereafter to be issued by the issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Projects is $1,380,000. PASSED AND ADOPTED this 13th day of July, 1999. CITY OF WYLIE, TEXAS Mayor ATTEST: City Secretary WYLIE CITY COUNCIL AGENDA ITEM NO. ( 1 . July 13, 1999 Issue Consider and Act Upon a Resolution to reimburse certain capital and related expenditures with proceeds from future debt revenues from general obligation bonds. Background The City of Wylie intends to issue general obligation bonds maturing over a twenty (20) year period totaling$3,200,000 to finance certain street, drainage and park improvements. The capital projects for this particular$3.2 million issue are detailed on Exhibit A and include $1,820,000 in street and sidewalk construction and improvements, $850,000 in drainage system construction, and $480,000 in improvements to the City's park system. Financial Considerations In May 1999, the citizens of Wylie approved the issuance of$17,940,000 in general obligation bonds for certain improvements to streets ($15,910,000), drainage systems ($1,280,000), and parks ($750,000). The City plans to issue the bonds over a five year period, requiring a total increase in the City's ad valorem tax rate of$0.05 per $100 assessed valuation. The $3.2 million in general obligation bonds is the first issuance of this voter approved debt. The general obligation bonds will be sold on August 24, 1999, and the City's financial advisers will bring results of the sale to the Council for its approval. The proceeds from the sale of the general obligation bonds will be available to the City by September 30, 1999. General obligation bonds of the City currently carry a "Baa 1" rating with a positive outlook from Moody's Investor's Service. The City's bond rating with Standard and Poor's Rating Service is "A-." New bond ratings will be determined with the issue of the new debt. Other Considerations This resolution complies with the requirements of Treas. Req. 1.150-2 which states that the issuer of tax exempt obligations must declare, by resolution, its expectation to reimburse expenditures. Attachments Exhibit A- 1999 Bond Program Resolution Prepared by Reviewed by Finance City Manager Approval 99Bonds.agn 1999 BOND PROGRAM Suggested First Year Program of Work gritopoitiortgg EgEggsggeoggmgsmouoR,EEgHptojocEosmoasmsgg-mggm.ng,B,EggCost* Proposition 1 - "Big 4" - Alanis, Ballard, Stone, Kirby Design/Engineering/ROW acquisition $1,133,000 Streets - McMillen - Asphalt $123,600 - Hilltop Alley - Concrete Reconstruction (in conjunction with sewer line replacement) $164,800 General Obligation - Ballard Street Median - Landscaping $72,100 Bonds - Sidewalks/Traffic Control $3g0,000 Subtotal (rounded to nearest $5,000) $1,870,000 Proposition 2 - Valentine Park Channel - Construction $103,000 Drainage - Presidential Estates - Construction $103,000 - Rustic Oaks - Construction $463,500 General Obligation - 1st Street - Construction $1 g0,250 Bonds Subtotal (rounded to nearest$5,000) $850,000 Proposition 3 - Community Park- Ballfield Lights $92,700 Parks - Community Park- Sidewalks, Drainage $51,500 - Community Park - Walking Path $77,250 General Obligation - Founders Park - Ballfield Lights (2 fields) $257,500 Bonds Subtotal (rounded to nearest$5,000) $480,000 Proposition 4 - 30" Line From Existing Wastewater Treatment Plant (WWTP) - Design/ROW Acquisition $102,000 Water & Sewer - 36" Line From Muddy Creek South to New WWTP - Design/ROW Acquisition $160,680 - 48" Line To New WWTP - Design/ROW Acquisition $466,590 Revenue Bonds - Rush Creek Lift Station - Design/ROW Acquisition $206,000 - I & I Rehab - Priorities 2 and 3 $339,900 Revenue Bond Reserve = $80,000 per $1,000,000 $102,014 Subtotal (rounded to nearest $5,000) $1,380,000 TOTAL** $4,580,000 *Construction costs plus 3% issuance costs **Total debt issuance is $5,000,000 ($410,000 Fire Truck + $4.58 Bond Projects) H A RESOLUTION declaring expectation to reimburse expenditures with proceeds of future debt. WHEREAS, the City of Wylie, Texas (the "issuer"), intends to issue debt for the construction of street improvements,drainage improvements and park improvements (collectively, the `Projects") and further intends to make certain capital expenditures for the Projects and currently desires and expects to reimburse such capital expenditures with proceeds of such debt; WHEREAS,under Treas. Reg. § 1.150-2 (the"Regulation"), to fund such reimbursement with proceeds of tax-exempt obligations the issuer must declare its expectation to make such reimbursement; and WHEREAS, the issuer desires to preserve its ability to reimburse the expenditures with proceeds of tax-exempt obligations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, THAT the issuer reasonably expects to reimburse capital expenditures with respect to the Projects with proceeds of debt hereafter to be issued by the issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Projects is $3,200,000. PASSED AND ADOPTED this 13th day of July, 1999. CITY OF WYLIE, TEXAS Mayor ATTEST: City Secretary