11-08-1983 (City Council) Agenda Packet Date posted 11-4-83
Time posted 10:15 AM
G LAKE tr
LAVON
WYLIE • LAKE
RAY HUBBARD
AGENDA
CITY COUNCIL MEETING
November 8, 1983
7:00 P.M.
•
JCall to order and invocation.
.
Approval of Minutes and Accounts Payable. � -���'� ����' ��� � "�```"�` "
A3. Public hearing on re-zoning of Abstract No. 23 Atterbury Survey -'
Block Track 50 (triangle surrounding Birmingham, Stone and Ballard) w` `
from Retail to SF2 Attached and retail .
4. Second Public hearing for annexation of 125 acres on FM 3412. West _ ; „a_
of Wylie (across from Birmingham Land)
v5. Consider approval of Bids on two Police Cars.
vi6. Consider approval of Bids on one pickup for Public Works.
Consider. approval of bids on FM Base Radio .Station for Fire Department.
8. Consider approval of Tony Franzen collecting outstanding water bills.
j9. Public hearing for zoning of Wyndham Estates between old Highway 78, - rt-r
Kreymer Land, New Highway 78 and Eubanks.
j10. Consider final approval of South Second Street. -- � �
. Consider approval of improvements to Oak Street. - ?-1, ,_, y A'03
2. Consider approval of Resolution for land exchange with Hassie Hunt
Properties.
43. Consider approval of Resolution and vote for the Board of Directors,
Collin County Tax Appraisal District.
. Consider appointment of City Manager.
4
i5. Department Reports.
16. Citizen Participation.
17. Mayor and Council Reports
18. Adjourn.
114 NORTH BALLARD P.O.BOX 428,WYUE,TEXAS 75098 PHONE(214)442.2236
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SANER, JACK, SALLINGER & NICHOLS
AL/RED SALLINGER ATTORNEYS AND COUNSELORS AT LAW R.E.L.SANER(1871-I936)
JNO.C.SANER(1874-1948)
H. LOUIS NICHOLS 1200 REPUBLIC NATIONAL BANK BUILDING'
LAWRENCE W.JACKSON
TIM KIRK DALLAS,TEXAS 75201
ROBERT L.DILLARD III
ROBERT D.HEMPHILL (214 742-5464
ROBERT E. HAGER
PETER 0.SMITH W.H.JACK
October 26, 1983 ROBERT L.DILLARD,JR
OF COUNSEL
Mr. I. W. Santry, Jr.
P. O. Box 428
Wylie, Texas 75098
Re: Annexation Procedure
Dear Mr. Santry:
Before the City may institute annexation proceedings, the City Council must
provide an opportunity for all interested persons to be heard at two public hearings. It
is difficult to establish a general rule to follow in regard to setting the dates of these
public hearings and the time of publication of notice because of the rather complicated
manner in which the notice provision of the statute is written.
The statute provides that the governing body shall give all interested persons an
opportunity to be heard et two public hearings and that these public hearings must be
held not more than 40 days nor less than 20 days prior to the institution of such
proceedings. The Courts have held that "institution of such proceedings" means the
date the Council first takes action on the adoption of the ordinance granting the
annexation. The statute also says that notice for each hearing shall be published once
in the newspaper not more than 20 days nor less than 10 days before that hearing.
Using this rule, it is almost necessary to take each fact situation and carefully work out
a schedule of publication of notices and meeting dates to meet the time requirements.
It is our opinion that one notice could be published advertising both hearings.
The statute also provides that at least one of these hearings will be held within
the area of the property proposed to be annexed if, within 10 days after the publication
of the notice, more than 20 adult residents who reside within the territory proposed to
be annexed protest in writing to the City Secretary. We would, therefore, recommend
that the notice of the public hearings state that both hearings will be held at the City
Hall unless, within the 10 day period following the publication, more than 20 adults
residing within the area file written protest to the City Secretary, and then in that
event, the hearing will be adjourned from the City Hall and held at a location within
the area to be annexed.
I would recommend that when the city gets a petition to annex, we sit down
and carefully calculate the proper dates for the public hearings and the date for
publication of the notice of such hearings, rather than to try to establish in advance
a general rule that will fit all situations.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
SANER, JACK, SALLINGER & NICHOLS
Byl ( ) (1./Lawrence W1 Jackson
LWJ/sb
OP10-3083
SANER, JACK, SALLINGER & NICHOLS
AL/RED SALLINGER ATTORNEYS AND COUNSELORS AT LAW R.E.L.SANER(I671-1938)
H. LOUIS NICHOLS JNO.C.SANER 0874-1946)
LAW RE NCC W.JACKSON 1200 REPUBLIC NATIONAL BANK BUILDING
TIM KIRK DALLAS,TEXAS 75201
ROBERT L.DILLARD DE
ROBERT D.HEMPHILL (214)742-S464
ROBERT E.HAGER W.H.JACK
PETER 0.SMITH October 26 1983
t ROBERT L.DILLARD,JR
OF COUNSEL
Mr. I. W. Santry, Jr.
P. O. Box 428
Wylie, Texas 75098
Re: Procedure for Handling Zoning Changes
Dear Mr. Santry:
The adoption of a Comprehensive Zoning Ordinance by a City also includes the
adoption of a "Zoning Map." The original Zoning Map remains unchanged as a part of
the adoptive ordinance, and a copy of the Map becomes the official Zoning Map of the
City and should be on display in the City Hall and should reflect all changes of zoning
as they occur.
Any change of zoning, alteration of the Zoning Map, or amendment to the basic
zoning ordinance, must be accomplished by the adoption of an ordinance as an amendment
to the basic Comprehensive Zoning Ordinance.
An applicant wishing to change the zoning on his property from that shown on
the original Zoning Map must first file with the City an application for zoning change.
The City staff should not accept an application form unless it contains the following:
(1) A statement of the present zoning classification of the property.
(2) A statement of the desired zoning classification for the property.
It is important that in the application, these zoning classifications be named
using the exact language for the name of the classification as stated in the
Comprehensive Zoning Ordinance. For example, one or our zoning classifications
is "SF-1" Single Family Dwelling District-1. This classification should not be
described as "SF-1" Residential Dwelling District or any other name other than
the exact name as listed on page 1 of your Comprehensive Zoning Ordinance.
(3) The application should have attached to it, a good legal description of the
property sought to be zoned. This legal description should be the one submitted
by the applicant and the one the applicant represents to be the proper description.
Providing the city with a good legal description should be the applicant's
responsibility. The city should not take on this responsibility. The application
form should state that the applicant is responsible for providing the City with
a proper legal description of the property sought to be zoned and that problems
that might arise because of his failure to do so, shall be his responsibility and
not the City's. More problems arise in zoning change matters from improper
legal descriptions than any other area. The applicant should be encouraged to
have_his zoning description checked by his engineer, surveyor or attorney before
he attaches it to his application form. The legal description should be typed on
a separate sheet of paper and attached to the application form. The City should
not accept a photocopy of a legal description out of some deed, deed of trust
or title insurance instrument, as the legal description to be used.
Once a valid application for zoning change has been submitted, it must be heard
on public hearing before both the Planning and Zoning Commission and the City Council.
Therefore, when the application is filed, the City Secretary normally schedules it for
a hearing before the Planning and Zoning Commission.
NOTICE OF P&Z HEARING
Written notice of all public hearings before the Planning and Zoning Commission
on proposed changes in classification must be sent to the owners of real property
lying within 200 feet of the property on which the change in classification is
proposed. Such notice must be given not less than 10 days before the date set
for the hearing. This notice goes to the owners as the ownership appears on
the last approved City Tax Roll. (1011f)
NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL
After the public hearing before the Planning and Zoning Commission, the Planning
and Zoning Commission delivers its final report to the City Council. At least
15 days' notice of the time and place of the public hearing before the City
Council must be published in an official paper or a paper of general circulation
in the City. The City Council follows the same procedure in the conduct of its
hearing as did the Planning and Zoning Commission. After the City Council
closes the public hearing in regard to the zoning change, it may deliberate, vote
and announce its decision, or it may take the matter under advisement for
deliberation, vote and announcement at some subsequent meeting. If the City
Council does not have a zoning change ordinance before it, the motion showing
approval of the zoning change should be as follows: "I move that the zoning
change on application of Mr. X be tentatively approved subject to the adoption
of an ordinance and direct that the City Attorney prepare an ordinance which
when passed will change the property from its present zoning classification to
"SF-1" Single Family Dwelling District-1 Classification."
You will note that the example motion uses the exact name of the zoning
classification. This is very important.
The vote directing the attorney to prepare the ordinance which will grant the
zoning is merely an indication of the Council's present intention and does not, in fact,
grant the zoning change. The zoning change is not granted until the ordinance is
adopted. The tentative vote of the City Council requires only a majority vote to carry.
Later when the ordinance is before the City Council, passage of the ordinance usually
requires only a majority vote to grant the zoning change or adopt the zoning amendment.
However, two conditions may have taken place, either of which will require the favorable
vote of at least three-fourths of all the members of the City Council in order to adopt
the ordinance. These two conditions are:
1. Where written protest has been received against the change, signed by the owners
of 20% or more, either of the area of the lots or land included in such proposed
change, or the lots or land immediately adjoining the same and extending 200
feet therefrom.
2. If the recommendation of the Planning and Zoning Commission was that such
change be denied. (Article 1011e).
If an ordinance is passed granting a new zoning change, a copy of the ordinance
should go to someone specifically charged with the duty of changing the official zoning
map is displayed at the City Hall. We would recommend that this responsibility be
carried out by the City Engineer.
The caption to the zoning ordinance should be published in the newspaper on one
occasion.
JOINT PUBLIC HEARING
There is a provision in the law whereby the zoning procedure may be shortened
by having a joint public hearing between the Planning and Zoning Commission
and the City Council. These joint hearings are usually held only when authorized
by the City Council and only where circumstances justify or warrant the shortening
of the procedure.
If you have any specific questions concerning this matter, please do not hesitate
to contact me.
Very truly yours,
SANER, JACK, SALLINGER & NICHOLS
By 77c L.WitCr2iV
I Lawrence .;Jackson
LWJ/sb
OP10-2983
1