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04-12-1994 (City Council) Agenda Packet AGENDA WYLIE CITY COUNCIL APRIL 12, 1994 7:00 P.M. MUNICIPAL COMPLEX CALL TO ORDER INVOCAT ION - Dave Eden, True-Vine Fellowship PLEDGE OF ALLEGIANCE OATH OF OFFICE - Bobby Jennings CONSENT AGENDA 1 . Consider Approval of Minutes of March 22, 1994 2. Consider Approval of a Resolution Confirming the Appointment of Election Judges for the 1994 Municipal Election on May 7th PRESENTATIONS 3. Presentation from Bill Nelson & Judy Ranly Regarding Clean-Up and Green Up Program and Take Related Action 4. Presentation from Bart Peddicord Regarding Collin County Comprehensive Plan and Take Related Action 5. Presentation from Representatives of Collin County Child Advocacy Group and Take Related Action ACTION ITEMS 6. Discuss and Consider Applications for Funding Under Wylie Disaster Relief Housing Program 7. Discuss and Consider Approval of a Fee Reduction for the Chamber of Commerce July Jubilee Softball Tournament 8. Discuss and Consider Approval of a Contract for Tax Attorney Services 9. Discuss and Consider Approval of an Ordinance Disannexing an 8 Acre Tract of Land on Paul Wilson Road at the Request of Robert Rabor 10. Discuss and Consider Approval of an Ordinance Disannexing a Tract of Land of Pleasant Valley Road at the Request of Larry Morgan 11 . Discuss and Consider Change Order to Dual Construction 11 A. Discuss and Consider Final Payment to Dual Construction 12. Discuss and Consider Award of Contract for First Street/Holland Hitch Sewer Line 13. Discuss and Consider Approval of a Master Plan for Olde City Park 14. Discuss and Consider Authorizing Tax Refund to Michael Batten for Overpayment 15. Discuss and Consider Authorizing Tax Refund to Fleet Mortgage Company for Overpayment STAFF REPORTS / I3 - y , 1 / i 4r — CITIZEN PARTICIPATION EXECUTIVE SESSIONS 16. Hold Executive Session Under 551 .074, Government Code - Personnel Matters - to Discuss the Following: (a) Appointment to Library Board (b) Appointment to Park Board (c) Appointment to Planning and Zoning Commission 17. Reconvene Into Regular Session and Take Any Necessary Action as a Result of the Executive Session Posted this the 8th day of April, 1994 at 5:00 p.m. teve Norwood, City Manager MINUTES ITEM # 1 MINUTES OF THE WYLIE CITY COUNCIL March 22, 1994 CALL TO ORDER _. 5 Mayor John W. Akin called the meeting to order with the following councilmembers present: Reta Allen, John Mondy, Steve Wright, Ortie Messenger, and Bud Naish. Jim Swartz, whose resignation was effective February 23, 1994, was not seated as a councilmember. 10 PRESENTATIONS TO RON SIMS, FORMER ACTING FIRE CHIEF AND GEORGE MAGNUSON, FORMER ACTING POLICE CHIEF Mayor Akin presented plaques of appreciation to both men for the 15 dedication to their departments and their willingness to take on additional responsibilities when needed. CONSENT AGENDA 20 (1) Minutes of February 22, 1994 (2) Resolution No. 94-7 calling the week of April 10th Building Safety Week 25 (3) Resolution No. 94-8 calling the week of April 10th Clean-Up and Green-Up Week (4) Resolution No. 94-9 designating the use of funds remaining from the Valentine Park tree grant 30 Allen made a motion to approve the Consent Agenda. Mondy seconded the motion. The motion was voted on and passed unanimously. Mayor Akin read the resolutions aloud and permitted Jim Swartz to outline the Clean-Up and Green-Up activities scheduled. 35 PUBLIC HEARING AND ORDINANCE NO. 94-7 AUTHORIZING A CHANGE IN ZONING FROM "SF-3" TO "R" AT 101 W. BUTLER Mayor Akin opened the public hearing and as there was no one present 40 wanting to address this issue the public hearing was closed. Naish made a motion to approve the zone change and the ordinance. Allen seconded the .., 1 motion. Upon the reading of the ordinance caption, the motion was voted on and passed unanimously. 45 PUBLIC HEARING AND ORDINANCE NO. 94-8 AUTHORIZING A CHANGE IN ZONING FROM "B-2" TO "I" AT 2814 W. FM-544 Mayor Akin opened the public hearing and as there was no one present wanting to address this issue the public hearing was closed. Messenger 50 made a motion to approve the zone change and the ordinance. Wright seconded the motion. Upon the reading of the ordinance caption, the motion was voted on and passed unanimously. PUBLIC HEARING AND ORDINANCE NO. 94-9 AUTHORIZING A CHANGE 55 IN ZONING FROM "B-2" TO "I" AT 2819 W. FM-544 Mayor Akin opened the public hearing and the applicant, C.B.Watts discussed his application before Council and requested approval. As there was no one else wanting to address this issue, the public hearing was closed. 60 Wright made a motion to approve the zone change and the ordinance. Messenger seconded the motion. Upon the reading of the ordinance caption, the motion was voted on and passed unanimously. AUDIT REPORT FROM RUTLEDGE & CRAIN 65 Lewis Crain, representing Rutledge & Crain, the firm that prepared the City of Wylie Comprehensive Annual Financial Report, outlined the contents of the report and discussed the management letter. He discussed total revenues and expenditures for fiscal year 1992-1993 and discussed the fund balances in 70 the general and sewer funds. He stated that despite the May 9th tornado, the City was in good economic condition due to an increase in sales taxes and the holding down of expenditures. He explained that the City had felt a decrease in ad-valorem taxes and then answered questions of Council. Naish made a motion to accept the report. Mondy seconded the motion. The motion was 75 voted on and passed unanimously. ORDIANCE 94-10 ADOPTING AMENDMENTS TO 1993-1994 OPERATING BUDGET 80 City Manager Steve Norwood outlined proposed budget amendments including safety related purchases, provision for an additional Code Enforcement/Building Department position, clean-up items and purchases in 2 the fire department. He stated that with adjustments, the fund balance was estimated at $400,000. Messenger made a motion to approve the budget 85 amendments per Exhibit "A" attached. Allen seconded the motion. The motion was voted on and passed unanimously. CONTRACT WITH ARMY CORP OF ENGINEERS FOR LAKE PATROL - 90 Norwood explained that the contract proposed was a duplicate of contracts in past years for supplemental patrol of Lake Lavon during recreational months. He explained that officers would be paid overtime that was funded by the contract. Mondy made a motion to approve the contract. Allen seconded the motion. The motion was voted on and passed 95 unanimously. REJECTION OF BIDS FOR SEWER LINE CONSTRUCTION IN VICINITY OF HOLLAND HITCH 100 Norwood explained that while the engineers had bid the project according to State statute, they failed to follow a Charter requirement during the bid process. He, therefore, recommended rejection of the bids and requested authorization to re-bid the project including replacement of a section of First Street as opposed to inclusion of the section in the vicinity of 105 Hometown Furniture which was determined to be outside the city limits. After discussion with Greg McLean, engineer representing Hogan Corporation, Wright made a motion to reject the bids and authorize re-bid of the project as requested by the City Manager. Mondy seconded the motion. The motion was voted on and passed unanimously. 110 REQUEST FROM LYNNE D. CURTIS TO CLOSE BUTLER ALLEY Lynne Curtis addressed Council and complained that traffic using Butler alley as a "through-street" was endangering children, damaging the alley, 115 damaging private property, and providing a location for unregulated speed. She submitted a written complaint citing hazards to her children as vehicles drove around bumps where there were no posts and came dangerously close to her fence. She stated that the closure would require an additional minute for residents leaving the subdivision. 120 Cary Weeks, 305 Briarwood, stated opposition to the closing of the alley and stated that the speed bumps and dome posts previously installed by the city were deterrent enough. He stated that the bumps mis-directed drainage 3 and caused ruts in property where vehicles drove around them. He suggested 125 the police department patrol the alley occasionally and no more deterrents be installed in the alley. Messenger made a motion to direct the City Manager's staff to seek out a solution other than closing the alley and produce such solution by June 1st. 130 Mondy seconded the motion. The motion was voted on and passed unanimously. CITIZEN PARTICIPATION 135 Bill Orbin, 2815 FM-544, asked Council to consider lowering the speed limit on FM-544 at Steel Road. Patricia Stemple asked Council to repair the public address system in the Council chambers . Tommy Anderson, Anderson Wrecker, asked council to revise the towing ordinance to comply with new laws and to consider including a provision to contract with only one wrecker service 140 that is located within the city instead of using more than one service on a rotation basis. EXECUTIVE SESSION 145 Council adjourned into Executive Session under 551-074, Government Code to discuss personnel matters including an appointment to the City Council, appointment of election judges, appointments to the Library Board and Park Board, and evaluation of the City Attorney. Upon reconvening into regular session, Bud Naish was absent. 150 APPOINTMENT OF BOBBY JENNINGS TO FILL COUNCIL VACANCY Upon reconvening into regular session at 10:30 p.m., Messenger made a motion to appoint Bobby Jennings to Council Place 1 , left vacant upon the 155 resignation of Jim Swartz. Allen seconded the motion. The motion was voted on and passed unanimously. APPOINTMENT OF ELECTION JUDGES 160 Wright made a motion to appoint John Crow as Presiding Judge for Precincts 83, 56, & 27 and Mark Ellis as Alternate Presiding Judge and to appoint Joel Scott as Presiding Judge for Precinct 25 and Nathan Shepard as Alternate Presiding Judge to serve for the 1994 election and any subsequent run-off elections. Messenger seconded the motion. The motion was voted on 4 165 and passed unanimously. APPOINTMENT OF ORTIE MESSENGER AS MAYOR PRO-TEM Wright nominated Ortie Messenger to serve as Mayor Pro-Tem for the 170 remainder of the term. Mondy seconded the nomination. As there were no further nominations, a vote was taken and Messenger was elected as Mayor Pro Tern with a term to expire following the conclusion of the May 7th election or subsequent runoff. Allen did not vote on the nomination. 175 ADJOURNMENT As there was no further business to come before the Council for consideration, the meeting adjourned. 180 APPROVED ATTEST 5 PROPOSED BUDGET ADMENDMENTS (EXHIBIT A) FOR FISCAL YEAR 1993/94 March 18, 1994 DEPT PERSONAL CONTRACT LEASE) CAPITAL # DESCRIPTION TOTALS SERVICES SUPPUES MAINT. SERVICES USER FEES OUTLAY GENERAL FUND Expenditures: Various Market Survey $19,500 $19,500 $0 $0 $0 $0 $0 181 Market Survey-Reserve (29,500) (29,500) 0 0 0 0 0 311 Code: New Position 19,490 13,790 0 0 5,100 600 0 411 Audit Adj.-Rustic Oaks Ditch 11,070 0 0 11,070 0 0 0 231 Fire Dept. -Various 23,260 3,000 6,500 4,100 1,750 8,900 0 112 Misc. 5,800 0 0 0 6,800 0 0 181 $400,000 Equip. Debt Issue 411,820 0 0 0 12,370 238,180 181,070 131 $400,000 Equip. Debt Issue 2,140 0 0 0 0 2,140 \ 0 Net Increase in G/F Expenses $483,370 $6,790 $5,500 $15,170 $25,020 $249,820 $161,070 UTILITY FUND Expenditures: Various Market Survey $5,600 $5,500 $0 $0 $0 $0 $0 719 Market Survey-Reserve (5,600) (5,500) 0 0 0 0 0 711 Xerox Copier for Plats 2,600 0 0 0 2,600 0 0 715 Meter Reader-Part Time 13,500 13,600 0 0 0 0 0 715 $400,000 Equip. Debt Issue 920 0 0 0 0 920 0 719 Repair Item-Over Budgeted (52,420)' 0 0 (52,420) 0 0 0 Net Decrease In U/F Expenses ($35,400) $13,500 $0 ($52,420) $2,600 $920 $0 ORIGINAL REVISED REVENUE GENERAL FUND RECAP BUDGET ESTIMATE INCREASE Revenues: • Sales Tax $440,000 $525,000 $85,000 Licenses and Permits 68,500 120,000 61,600 $400,000 Equip. Debt issue 0 400,000 400,000 $608,500 $1,045,000 $538,500 Increase In G/F Fund Revenues $538,500 Less Increase in Expenditures (463,370) Net Increase In Revenues $73,130 1 APPOINTMENT OF ELECTION JUDGES ITEM # 2 City of Wylie AGENDA COMMUNICATION Submitted By: Mary Nichols Director: City Secretary DATE NO. AGENDA ITEM 4/12/94 2 Resolution Confirming Appointment of Election Judges for May Election SUMMARY OF SUBJECT At your last meeting Council appointed judges for the May election and the runoff election if one is required. These appointments were made by resolution last year and should probably be ratified by resolution this year to maintain consistency. Each appointee has agreed to serve and has experience at the polls. ALTERNATIVES (1) Approve Resolution (2) Table Resolution (3) Deny Resolution ti ACTION REQUESTED Staff is recommending approval of the resolution as the appointments have already. been made. SUPPORTING DOCUMENTS REVIEWED BY: Memo ❑ Ordinance/ResolutionX City Manager ❑ Parks Director ❑ Budget o Bid Tabs/Specs ❑ Finance Director ❑ City Attorney k Map/Plan o Wylie Code of Ord o Police Chief Building Official ❑ Minutes o Letter o City Secretary K Public Works Supt. ❑ Other ❑ Fire Chief ❑ Engineer ❑ - REVENUE SOURCES: EXPENDITURE ACCOUNTS: Revenue Source Expenditure Accounts Budgeted Fiscal Year: Personnel a One-Time ❑ Estimated Expenditure Operations o Recurring a Over/Under Projections by: Capital ❑ APPRQ E11EOR SUB 1S.S10 CITY CO /e'V( ,/ at lag RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, APPOINTING ELECTION JUDGES AND ALTERNATE ELECTION JUDGES TO SERVE DURING THE 1994 MUNICIPAL ELECTION; PROVIDING FOR A TERM OF ONE ELECTION; PROVIDING FOR THE NOTIFICATION OF JUDGES; PROVIDING FOR THE COMPENSATION OF JUDGES; PROVIDING AN EFFECTIVE DATE WHEREAS, Section 41.001 of the Texas Election Code, as amended (the "Code") specifies that the first Saturday in May shall be a "uniform election date" and that a general election of a city may be held on such day; and WHEREAS, the Texas Election Code provides for the appointment of a Presiding Judge and Alternate Presiding Judge for each polling place; and WHEREAS, the City Council of the City of Wylie has determined that two separate polling places shall be used for the purpose of receiving ballots for the 1994 Municipal Election as providing in Resolution 94-4 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wylie, Texas, that: SECTION 1. Election Precincts: Polling Places. As previously resolved in Resolution 93- 3, the polling location for precinct 25 shall be the Southfork Mobile home Park Clubhouse, 210 Southfork Boulevard. The polling location for precincts 27, 83, and 56 shall be the First United Methodist Church, 109 W. Jefferson, Wylie, Texas. SECTION 2. Appointment of Presiding Election Judges and an Alternate Presiding Election Judges: Qualifications to Serve as Election Judge: Confirmation of Appointment: Notice of Appointment. The City Council of the City of Wylie does hereby appoint the following persons to serve as Presiding Election Judges and Alternate Presiding election Judges for the 1994 Municipal Election: POLLING LOCATION PRESIDING JUDGE ALTERNATE PRESIDING JUDGE Southfork Joel Scott Nathan Shepard Methodist Church John Crow Mark Ellis Each Presiding Election Judge and Alternate Presiding Election Judge shall be qualified voters within the precinct served by the polling place to which they are assigned. The City Secretary shall, in accordance with Section 32.009 of the Code, deliver to the Presiding Judges and the Alternate Presiding Judges notice of their appointments not later than twenty (20) days from the date of appointment. SECTION 3. Term of Appointment. Each Presiding Election Judge and Alternate Presiding Election Judge as appointed herein shall serve for a single regular election to be held on May 7, 1994, and if required, for a runoff election to be held on June 4, 1994. SECTION 4. Appointment of Clerks. The Presiding Judges upon appointment shall each appoint not less than two (2) nor more than eight (8) qualified election clerks to serve and assist in the conduct of the election, provided, however, that if the Presiding Judges named actually serve as expected, the Alternate Presiding Judges shall each be one of such clerks. All election clerks shall be qualified voters of the City. SECTION 5. Compensation of Election Judges and Election Clerks. The Presiding Election Judges, Alternate Presiding Judges and each Election Clerk shall be compensated at the rate of $6.00 per hour in accordance with Section 32.091 of the Code. The Presiding Election Judges shall each also be paid the additional sum of $25.00 for delivering the returns of the election. Such payments shall not exceed the maximum amounts set forth in Sections 32.091 and 32.092 of the Code. SECTION 6. Effective Date. This Resolution shall be in force and effect from and after its passage and it is accordingly so resolved. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, this the 12th day of April, 1994. APPROVED: Mayor ATTEST: CLEAN UP GREEN UP PRESENTATION ITEM # 3 City of Wylie AGENDA COMMUNICATION Submitted By: Mary Nichols Director: City Secretary DATE NO. AGENDA ITEM 4/12/94 3 Presentation from Bill Nelson and Judy Ranly Regarding Clean-Up and Green-Up Program SUMMARY OF SUBJECT Bill and Judy have a slide presentation on the Clean-Up and Green-Up Program that was presented to the Chamber of Commerce. This show is brief, but outlines the goals for this year's programs as well as accomplishments from last year. They will be encouraging participation and answering questions of Council. ALTERNATIVES 14CTIOtt ReouesreD No official action is required although the agenda is worded to allow Council to give'. staff specific directions if desired. SUPPORTING DOCUMENTS REVIEWED BY: Memo o Ordinance/Resolution ❑ City Manager o Parks Director ❑ Budget o Bid Tabs/Specs ❑ Finance Director ❑ City Attorney ❑ Map/Plan o Wylie Code of Ord ❑ Police Chief Building Official ❑ Minutes o Letter o City Secretary Public Works Supt. ❑ Other ii_________j/j/j2A2 Fire Chief o Engineer o REVENUE SOURCES: EXPENDITURE ACCOUNTS: Revenue Source Expenditure Accounts Budgeted Fiscal Year: Personnel o One-Time o Estimated Expenditure Operations o Recurring o Over/Under Projections by: Capital ❑ APPROVED FOR SUBMISSION/ C TY COUNCIL CLEAN UP/GREEN UP WEEK p w Y ; 0Lr ` * *. i 4 / 3 / '�''-FTri n6 OLEAN PROUD le Ni APRIL 9 - 17, 1994 = - Keep Wylie Beautiful, The City of Wylie, and the Wylie Chamber of Commerce ask you to join in a city-wide effort to "Clean Up and Green Up Wylie". Let our city's appearance reflect its proud citizens. W IIAIC1E, CT[-J AN AND 'IIZ®STD Clean Up Services . * Dumpsters available at Olde City Park (78 &Ballard) & Community Park (Pirate &Thomas) — April 9 - 17 -Tire dumpsters also available at"same locations -No fee for dumpster use * Pick up service available for senior and physically challenged citizens - Call 442-4700 or 442-2042 by Thursday,April 14 to arrange pick up - Pick up Saturday, April 16, 1994 - '- 8:30 a.m.- 1:00 p:ni. (1 pick up truckload per residence) Suggested items for pick up: old furniture,washers, dryers, scrap lumber, brush & debris (Must follow dumpster guidelines, below) * Land fill open Saturday,April 16,weather permitting-fee charged- call 442-6296 Dumpster guidelines Clean Up Ideas • No paint cans, oil, batteries, or other • Neighborhood clean up and household hazardous materials beautification parties • No commercial construction debris • Place a litter bag in your car • No refrigerators, freezers, air • Maintain easements fronting your conditioners or any appliance property containing chlorofluorocarbon (CPC) • Place trash receptacles refrigerants. outside :... riii � � :.: :.;.: :�. a Itix : . . . : , ;�.r � o s L : �f{:..:.:x:..:r.: T 'Pi : iy : ..:.: : : .: :. : ::A :: : :.: ... . r ::, : .•:., . ::: : :.. 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COLLIN COUNTY COMPREHENSIVE PLAN PRESENTATION ITEM # 4 City of Wylie AGENDA COMMUNICATION Submitted By: Mary Nichols Director: City Secretary DATE NO. _ AGENDA ITEM 4/12/94 4 Presentation from Bart Peddicord Regarding Collin County Master/Comprehensive Plan '"° SUMMARY OF SUBJECT Mr. Peddicord,as Chairman of the Planning and Zoning Commission, has requested to speak before Council regarding the Collin County Comprehensive Plan. We do not know the specific details of Mr. Peddicord's presentation. ALTERNATIVES ACTION REQUESTED No official action is required although the agenda is worded to allow Council to give staff specific directions if desired, SUPPORTING DOCUMENTS REVIEWED BY: Memo ❑ Ordinance/Resolution ❑ City Manager ❑ Parks Director ❑ Budget ❑ Bid Tabs/Specs o Finance Director ❑ City Attorney o Map/Plan ❑ Wylie Code of Ord ❑ Police Chief Building Official ❑ Minutes ❑ Letter ❑ City Secretary y Public Works Supt. ❑ Other ❑ Fire Chief ❑ Engineer ❑ REVENUE SOURCES: EXPENDITURE ACCOUNTS: Revenue Source Expenditure Accounts Budgeted Fiscal Year: Personnel ❑ One-Time o Estimated Expenditure Operations ❑ Recurring o Over/Under Projections by: Capital ❑ APPROVER MISSIO 0 CITY C CIL a ger COLLIN COUNTY CHILD ADVOCACY PRESENTATION ITEM # 5 City of Wylie AGENDA COMMUNICATION Submitted By: Mary Nichols Director: City Secretary DATE NO. AGENDA ITEM 4/12/94 5 Presentation from Representatives of Collin County Child Advocacy Group - SUMMARY OF SUBJECT Representatives of this group had intended to appear at your last meeting but were unable due to a conflict in schedules. They will be outlining their program and soliciting community support from Wylie.. ALTERNATIVES ACTION REQUESTED No official action is required although the agenda is worded to allow Council to give staff specific directions if desired. SUPPORTING DOCUMENTS REVIEWED BY: Memo o Ordinance/Resolution ❑ City Manager ❑ Parks Director ❑ Budget o Bid Tabs/Specs o Finance Director o City Attorney ❑ Map/Plan ❑ Wylie Code of Ord o Police Chief Building Official ❑ Minutes a Letter ❑ City Secretary Public Works Supt. ❑ Other ❑ Fire Chief ❑ Engineer ❑ REVENUE SOURCES: EXPENDITURE ACCOUNTS: Revenue Source Expenditure Accounts Budgeted Fiscal Year: Personnel o One-Time o Estimated Expenditure Operations o Recurring ❑ Over/Under Projections by: Capital ❑ APPROVED F MISSION T I COUNC � �Y Mager RELIEF HOUSING PROGRAM ITEM # 6 City of Wylie AGENDA COMMUNICATION Submitted By: Mary Nichols Director: City Secretary DATE NO. AGENDA ITEM 4/12/94 6 Consider Applications for Funding Under Wylie Disaster Relief Housing Program - SUMMARY OF SUBJECT The Housing Advisory Board met last week and meets again on Thursday, April 7th to review the grant applications received under the terms of the Urgent Need Grant. This grant was awarded by the Texas Department of Housing and Community Affairs for Emergency Housing Assistance to tornado victims. We have only received 14 applications and not all of these applicants will be eligible for housing assistance. We do not yet know which applications will be ready for Council consideration on Tuesday night but are hopeful that Council will be able to award at least one or two. We are trying not to delay the process any more than necessary. Members of the Advisory Board are James Blakey (chair), Geline Dodd (vice-chair), Mary Nichols (secretary), Reta Allen and Don Yeager. We will forward their recommendations to you and members of the Board will be present Tuesday night to address the Council's questions. - ALTERNATIVES (1) Accept/Adopt Board's Recommendations for Approval or Denial (2) Accept Board's Recommendations with Changes by Council (3) Deny Board's Recommendations - ACl ION REQUESTED Staff will support the recommendations of the Board but suggest that Council consider each application individually and make individual motions on each. SUPPORTING DOCUMENTS REVIEWED BY: Memo o Ordinance/Resolution 0 City Manager ❑ Parks Director ❑ Budget o Bid Tabs/Specs o Finance Director ❑ City Attorney ❑ Map/Plan ❑ Wylie Code of Ord o Police Chief Building Official ❑ - Minutes Letter ❑ City Secretary ❑ Public Works Supt. ❑ Other i;;tZ. Fire Chief ❑ Engineer ❑ REVENUE SOURCES: EXPENDITURE ACCOUNTS: Revenue Source Expenditure Accounts Budgeted Fiscal Year: Personnel ❑ One-Time o Estimated Expenditure Operations o Recurring o Over/Under Projections by: Capital ❑ APPRO - S MISSIO 0 CITY COUN L MINUTES OF THE HOUSING ADVISORY BOARD (TEXAS DEPARTMENT OF HOUSING & COMMUNITY AFFAIRS URGENT NEED GRANT) March 31, 1994 CALL TO ORDER The meeting was called to order at 7:30 p.m. with the following members present: James Blakey, Geline Dodd, Reta Allen and Mary Nichols. Don Yeager was absent. Also present was David Lewis representing Government Service Agency, the firm hired by the City of Wylie to assist in the grant administration. ELECTION OF OFFICERS Upon motions duly made and seconded James Blakey was elected Chairman, Geline Dodd was elected Vice-Chairman, and Mary Nichols was elected Secretary. REVIEW OF DISASTER RELIEF PROGRAM GUIDELINES Mr. Lewis outlined the guidelines and ranking process that had been adopted by the City Council of the City of Wylie and accepted by the State. The Board discussed the grant limitations and requirements for consideration of applications. REVIEW OF APPLICATIONS The Board reviewed the following applications that had been submitted. Only one of the applications was completed with verification forms and supporting information. No official action was taken but preliminary assessments were made as follows: Applicant Preliminary Assessment Steve & Margaret Winters Not eligible - Moved outside City of Wylie Don and Gina Bean Potentially eligible for repairs to house Glen and Paula Elliott Need determination from State regarding eligibility as relocation or rehabilitation applicant or availability of combination Beverly Joan Maphet Not eligible - Damages sustained outside City of Wylie Wesley and Pam Scallia Possibly eligible - More information needed Lummie Wolfe Unable to determine if eligible until residence at time of tornado confirmed Frank & Doris Smith Possibly eligible for relocation - more verification needed Rogers/Robinson Same eligibility questions as Elliotts - need information from State Paul & Dawn Henry Possibly eligible - more verification & information needed David & Carolyn Tuttle Possibly eligible for small rehabilitation to door & windows Rod & Joyce Davis Ineligible - Damages sustained outside City of Wylie Susan Frederick Possible eligibility for reduction in mortgage under relocation guidelines Robbie Jeffrey Withdrew her application - did not want to reveal personal financial information RANKING PROCESS RESCHEDULED The Board agreed that sufficient information did not exist on any of the applications to proceed with the ranking process. Another meeting was scheduled for Thursday, April 7th at 7:00 p.m. pending the receipt of answers from the State, more information from the applicants, and completed verification forms. ADJOURNMENT The meeting adjourned at 10:30 p.m. APPROVED ATTEST t J _ ' CITY OF WYLIE, TEXAS REVISED DISASTER RELIEF PROGRAM GUIDELINES Sec. 1: PURPOSE A. The purpose of the rehabilitation program is to provide financial assistance to tornado victims in order to make repairs to their homes as a result of the damages caused by the tornado of May 9, 1993. B. The purpose of the relocation program is to provide financial assistance to homeowners whose homes sustained extensive damage from the May 9, 1993 tornado and to assist the homeowner with acquiring suitable and affordable replacement housing. C. This program shall be operated in accordance with all applicable rules and regulations of the City of Wylie and the Texas Department of Housing and Community Affairs. Sec. 2: DESIGNATED AUTHORITY TO ADMINISTER PROGRAM The City Manager shall be responsible for the overall administration of the disaster relief programs. The City Manager shall have the authority to delegate any duties in carrying out the components of the program (e.g., taking applications,verifying eligibility, preparing work write-ups and bidding documents, and conducting inspections). Sec. 3: RECIPIENT ELIGIBILITY & PROPERTY REQUIREMENTS A. To qualify for rehabilitation assistance, the applicant must be an individual or family who owns and occupies or intends to re-occupy a single family dwelling within the City of Wylie that was damaged by the tornado of May 9, 1993. B. To qualify for relocation assistance, the applicant must be an individual or family who owned a single family home that was damaged by the tornado of May 9, 1993 and (1) has not been able to obtain affordable housing since the tornado, (2) the applicant's home has been determined not feasible to rehabilitate because the dwelling is too deteriorated. The applicant must occupy or currently intend to re-occupy a single family dwelling unit within the City of Wylie. C. The applicant will be considered the owner if he or she: (1) Is the "owner of record" on the books at the County Court House; (2) Possesses a valid contract for deed which has been or may be filed for record with the County Clerk's office and which includes reasonable rights of redemption and quiet and peaceable possession of the property; or (3) Possesses a life estate which has been, or may be, filed for record at the County Clerk's office. D. The applicant must provide a release authorizing the City to demolish his or her current occupied dwelling if the dwelling has been condemned and declared unfit for habitation, and further release the City from all claims arising therefrom. Page 1of8 E. Since Community Development funds are intended to serve low and moderate income residents or hardship cases who have no other means of financing repair or improvements, such funds shall not be made available to any applicants who have substantial financial resources available. The Housing Advisory Committee will be responsible for determining whether applicants, in their opinion, have substantial financial resources. F. The owner must furnish evidence that the residence is insured with fire and casualty insurance in an amount sufficient to cover the fair market value of the dwelling after rehabilitation or the replacement dwelling, if applicable. G. If the property is located in a flood hazard area, flood insurance will be required to be in place at the time assistance is provided by the City. Flood insurance coverage must be effective for at least one year from the date grant assistance is provided to the applicant. H. The applicant must had been a resident of Wylie on May 9, 1993. I. All property taxes shall be paid on the property prior to the award of the grant, or the property owner must have qualified for and received the tax deferral as allowed under Section 33.06 of the Texas Property Tax Code. J. No member of the governing body of the City and no other official, employee or agent of the City who exercises policy or decision-making functions or responsibilities in connection with the planning and implementation of these diaster relief programs shall be eligible for rehabilitation assistance. Sec. 4: ELIGIBLE IMPROVEMENTS & EXPENSES A. Rehabilitation funds shall be used for those repairs and/or replacements which are necessary to bring the affected property to pre-tornado condition. All repair work will be done in compliance with HUD's Section 8 Housing Quality Standards and local building codes. B. Relocation funds shall be used to assist the tornado victims in the provision of affordable replacement housing (e.g., down payment, principal and interest subsidy, repairs). The City may pay, as part of the relocation payment, the cost of utility transfers and hook-ups, closing and settlement costs related to the purchase of the replacement dwelling, demolition and removal of the applicant's condemned dwelling. C. All improvements must be physically attached to the property and be permanent in nature. No personal property shall be acquired with grant funds. Landscaping improvements are not eligible improvements except where landscaping of the grounds is necessary for adequate drainage. D. Refrigerators, microwaves, and other appliances such as washing machines and dryers (excluding air conditioning/heating systems, hot water heaters, built-in kitchen stoves/ovens) are not eligible items under this program. Also, grant funds may not be used for garage door openers, security systems, swimming pools, fences, detached storage buildings, and television satellite dishes. E. Lead-based paint abatement shall be required in units built before 1978 where lead based paint was detected. The use of lead based paints is prohibited. F. All City building permits shall be obtained by the contractor at his/her expense and may be included as part of the bid. Page 2 of 8 • Sec. 5: MAXIMUM GRANT ASSISTANCE A. The maximum amount of grant assistance which may be provided to any applicant for rehabilitation assistance shall be $10,000.00, subject to the availability of funds. In the event 10,000.00 is not sufficient to complete the needed repairs, the rehabilitation assistance will not be approved unless (1) the applicant places the necessary funds in escrow with the City when the grant agreement is executed, or (2) used in conjunction with an approved home improvement loan from a financial institution. A letter of commitment from the financial institution must be in hand when the grant agreement is signed. Applicants shall have one hundred twenty (120) days to secure additional financing or the application will be rejected. B. The maximum amount of grant assistance which may be provided to any applicant for relocation assistance shall be $25,000.00, subject to the availability of funds. However, in the event the cost of acquiring a comparable and affordable replacement dwelling is less than the maximum grant allowed, then the relocation payment shall be the lesser amount. C. No applicant may receive more than one grant. D. The financial assistance will be in the form of a grant and will not be required to repaid. Sec. 6: GENERAL APPLICATION PROCEDURES A. Applications will be accepted during an advertised application period. Such application period will be advertised by public notice in the local newspaper and by posting notices in the city hall and in other prominent public places. Said application period will not be less than thirty (30) days. The City Secretary's office will be responsible for advertising the availability of the program and for accepting applications. B. Upon receipt of the applications for relocation assistance, applications will be screened for completeness and all information related to employment, income, assets and insurance settlements shall be verified in order to determine the applicant's eligibility. The City Secretary's office will be responsible for screening and determining the eligibility of each applicant. C. All applications of eligible applicants will then be forwarded to the Housing Advisory Committee for evaluation and ranking by the committee. D. Each completed and eligible application will then be rated by a Housing Advisory Committee according to a priority scoring system as hereinafter established. The Housing Advisory Committee will be responsible for scoring the applications and recommending the amount of funding for each applicant. The Housing Advisory Committee shall be appointed by the City Council from a list of names submitted by the Mayor. The Housing Advisory Committee shall consist of five (5) members appointed by the City Council. The Housing Advisory Committee shall be an ad hoc committee and will serve until the program is completed. It shall be the duty of the committee to rank each application and to make funding recommendations to the City Council. E. Upon receipt of the funding recommendations from the Housing Advisory Committee, the City Council shall approve, disapprove or modify such recommendations. The funding decisions of the City Council shall be final. F. All applicants selected for assistance shall then be counseled by the City Secretary, or her designated representative, regarding his or her housing needs and available options in finding suitable and affordable replacement housing or in determining eligible repairs. The City Secretary shall cause either a rehabilitation or relocation agreement, and demolition agreement if needed, to be executed with the applicant which outlines the responsibilities of the applicant and the City. Page 3 of 8 G. If needed, the City will contract for the clearance and demolition of the applicant's condemned dwelling and lot; H. Upon selection of the replacement dwelling, the applicant must obtain written approval of the City before entering into any formal contractual arrangement to acquire the replacement dwelling. The Chief Building Official will also inspect the replacement dwelling and issue a certificate of occupancy upon his acceptance. I. Upon acceptance by the City, the City Secretary, with the approval of the City Manager, will cause the disbursement of funds to be made to the applicant. Sec. 7: PRIORITY RATING SYSTEM All eligible applicants will be rated on a scoring system in order to establish the priority of funds. This rating process has been designed to incorporate both the family and dwelling characteristics of an applicant in order to establish a system which gives the most needy persons higher priority over others. Scoring shall be based on the following factors: (1) Income (maximum 15 points): • If family income is below the median income limit for Wylie 15 pts. If family income is between 100% and 120% of median income limits 10 pts. If family income is above 120% of median income limits 5 pts. (2) Head of Household (maximum 15 points): If head of household is 62 years of age or older 15 pts. If head of household is female 15 pts. If the head of household is currently unemployed 15 pts. (3) Disability/Handicap Status (maximum 10 points): If any member of the household is fully disabled or handicapped 10 pts. If any member of the household is partially disabled or handicapped 5 pts. (4) Dependent Children (maximum 15 points): If household has any dependent children under the age of 6 3 pts./child If household has any dependent children between 6 and 12 2 pts./child If household has any dependent children over the age of 12 1 pt./child and still in school or college p (5) Insurance Settlement(maximum 25 points): If applicant was un-insured 25 pts. If applicant was under-insured and received an insufficient settlement to cover damages 15 pts. If applicant was fully or adequately insured 0 pts. Page 4 of 8 • (6) Unusual or Hardship Circumstances (maximum 20 points): If the applicant has some unusual or hardship circumstances which should be considered, the applicant may be eligible for up to: 15 pts. Housing costs (P.I.T.I.) exceed 30% of income 5 pts. Sec. 7: WORK WRITE-UPS & BIDDING A. After the applicants have been approved for rehabilitation assistance by the City Council, the Chief Building Official shall conduct a property inspection of the highest rated applicants to determine the specific items to be required or replaced in order to bring the structure to pre-tornado condition. All work done must meet HUD's Section 8 Existing Housing Quality Standards and/or the City building codes. This list of work items will constitute the work write-up for that structure. Work write-ups will only be required for the appropriate number of applicants to deplete the available funds. "Before" pictures shall be taken by the Chief Building Official to provide a photographic record of the structure and improvements needed. After completing the work write-ups for each of the highest rated applicants, the Chief Building Official shall then estimate the cost of the proposed work, including labor and material costs, for each structure. If the estimated cost is not expected to exceed $10,000.00, bids for such rehabilitation will be let. However, if the estimated cost exceeds the $10,000.00 maximum, bids will not be let unless the applicant agrees to pay for all costs above the $10,000.00. Regardless, grants for rehabilitation assistance will only be provided to the applicant for a maximum of $10,000.00 at the time of bid award. Applicants will be given the opportunity to accompany the Chief Building Official on the work. write-up inspection in order to discuss the proposed work items. When the work write-up has been completed and a cost estimate prepared, the Chief Building Official shall discuss the scope of work and the effect of the cost estimate with the applicant. If the applicant agrees with the scope of work and to his or her responsibility regarding any additional funding, the applicant shall then sign off on the final work write-up which shall be utilized in the bidding process. The Chief Building Official shall agree not to omit any work items that are necessary to bring the structure up to the minimum program standards as previously established herein. If the applicant does not agree to pay for the additional cost over the maximum grant amount of $10,000.00, then such application shall be deemed ineligible for grant assistance and shall be classified as not feasible to rehabilitate due to financial considerations. E. Upon completion of the work write-up(s), the Chief Building Official shall, on behalf of the applicants, solicit competitive bids from general contractors for the proposed rehabilitation work. The contractor submitting the lowest and most responsible bid for each project may be awarded the work through City Council action; provided, the contractor can meet the contractor requirements as hereinafter established. However, should the applicant desire to have a contractor different from the low bidder perform the work, the applicant shall be required to pay for the difference in the low bid and the bid of the contractor preferred by the applicant. F. Prior to bidding, notification will be given to the Texas Historical Commission for structures constructed prior to 1950 requesting the Commission to review the approved dwelling for any historical significance. Such notice shall be in writing and given by certified mail, 5-day return receipt requested. Pictures (at least two elevations and one streetscape), construction date, builder, brief history, a location map and the address of each dwelling shall be given to the Texas Historical Commission with the notification. No rehabilitation work will be started prior to clearance from the Texas Historical Commission or prior to the expiration of thirty (30) days from the receipt of such notice by the Texas Historical Commission. Page 5 of 8 Sec. 9: CONTRACTOR QUALIFICATIONS In order to be eligible to participate in the construction work financed under the rehabilitation program, contractors must meet the following minimum requirements: A. The contractor must not be a debarred, suspended, or ineligible contractor according to HUD's "Consolidated List of Debarred, Suspended, and Ineligible Contractors" and the U.S. General Services Administration's "Consolidated List of Debarred and Suspended Contractors". Verification of contractor eligibility shall be obtained from the Texas Department of Housing and Community Affairs prior to awarding any contract to the contractor. B. The contractor must certify that he or she will not discriminate against any protected group of persons under State and Federal law. C. Each contractor shall carry worker's compensation insurance, automobile liability insurance, and unemployment insurance as required by the State of Texas. Additionally, the contractor must carry general liability and property damage insurance for rehabilitation work done within the city in the amount of $300,000 and $100,000 respectively. This insurance must be applicable to construction work done in the City and must be in effect during the contracted period. Evidence of such insurance must be presented prior to the execution of the contract. D. The contractor must have submitted all contractor certifications prior to execution of any contracts. E. The contractor may be judged to be a non-responsible bidder if his or her past performance on other rehabilitation projects was marginal or not acceptable. F. The contractor shall be of good reputation, financially sound, and have adequate financial resources to carry out his or her work. G. The contractor shall have prior trade experience in home repairs, rehabilitation, or building. Such prior work experience must be verifiable by the Chief Building Official. Sec. 10: GRANT AWARD & CONTRACTING REHABILITATION WORK A. The Chief Building Official shall submit each eligible application, in its numerical order of ranking, along with the construction bids received for each structure to the City Council for their consideration. The City Council shall either award, modify, or reject the bid received from the lowest and most responsible bidder. B. If the City Council awards the bid, the Chief Building Official shall cause to have a grant agreement executed between the City and the applicant and a construction contract executed between the applicant homeowner(s) and the contractor awarded the bid. However, should the applicant desire to have a contractor different from the low bidder perform the work, the applicant shall be required to pay the difference in the low bid and the bid of the contractor preferred by the applicant. The applicant may not select a contractor that does not submit a bid on the work. Such grant agreements and construction contracts shall be executed on forms approved by the City Attorney. C. Each agreement executed with a contractor shall contain a completion date and provide for liquidated damages if the contractor fails to meet such completion date. D. In the event a change order is necessary as determined by the Chief Building Official, the Chief Building Official shall cause to have a change order executed between the City, homeowner, Page 6 of 8 and the contractor. However, in no event shall a change order or cumulative change orders be executed in an amount more than $1,000.00. Change orders above $1,000.00 shall require approval of the City Council Additionally, no change order shall cause the total grant amount to exceed$10,000.00 without City Council approval. Sec. 11: WORK INSPECTIONS & PAYMENTS FOR WORK A. The Chief Building Official will assist the homeowner in ensuring that all contracted work is completed prior to payment and that such work was performed in an acceptable manner. To accomplish this, the Chief Building Official will conduct interim inspections as necessary, a final inspection upon completion of all of the work, and a post-inspection within sixty (60) to ninety (90) days after completion. B. All electrical work will be inspected by the City's electrical inspector in accordance with the City's normal electrical inspection requirements. Electrical permits are required for all electrical work. All electrical work must be performed by an electrician approved and licensed in the City of Wylie. C. All plumbing work will be inspected by the City's plumbing inspector in accordance with the City's normal plumbing inspection requirements. Plumbing permits are required for all plumbing work. All plumbing work must be performed by a licensed master plumber approved to do work in the City. D. All heating and air conditioning work will be inspected by the City's mechanical inspector in accordance with the City's normal inspection requirements. Permits are required for all heating and air conditioning work. All heating and air conditioning work must be performed by a licensed mechanical contractor approved to do work in the City. E. All building work will be inspected by the City's building inspector in accordance with the City's normal building inspection requirements. Building permits are required for all applicable construction work. F. In addition to the inspections outlined above, the Chief Building Official shall conduct a final inspection of the structure upon completion of the rehabilitation work when notified to do so by the general contractor. The Chief Building Official shall also conduct any necessary interim inspections which may be required. After all work has been completed to the satisfaction of the City's Inspection Department and the homeowner has signed a release, the Chief Building Official shall issue a Certificate of Completion, provided he is also satisfied with the work and all the contracted work has been completed. G. When final inspection determines that the rehabilitation work is satisfactorily completed in accordance with the contract, the Chief Building Official shall obtain from the contractor an "All Bills Paid Affidavit" and a release of liens from all subcontractors and suppliers, copies of each warranty due the applicant for the work, and the contractor's request for payment. After receipt of these items, the Chief Building Official shall cause a request for funds to be ordered, and upon receipt of the funds, cause disbursement of the funds to the contractor. G. Sixty (60) to ninety (90) days after the final inspection has been made, the Chief Building Official shall conduct a post-inspection of the rehabilitated structure to ensure that all work is holding up and still satisfactory. If any problems are identified in this post inspection, the Chief Building Official shall then notify the contractor to come back and correct the same within a reasonable amount of time, such as two (2) weeks. Should the contractor fail to do so, the homeowner may take any necessary legal recourse and the contractor shall be barred from performing any more rehabilitation work in the City. Also, should the contractor be doing other Page 7 of 8 rehabilitation work under this program and fails to correct any warranty problems, no other payments shall be made to him or her until such problems have been corrected. Sec. 12: CONTRACTOR'S WARRANTY OF WORK All work performed by the rehabilitation contractor shall be guaranteed for a period of one (1) year from poor or faulty workmanship or materials. Such warranty shall be stipulated in the construction contract between the contractor and the homeowner. For a period of one (1) year, the homeowner may require the contractor to correct defects or problems arising from his or her work under this contract. Sec. 13: FILES & REPORTS The City Secretary shall maintain accurate files and records on each applicant and shall retain all pertinent documentation. Such files shall be open for public inspection in accordance with the Texas Open Records Act. Sec. 14: APPEALS & GRIEVANCES Each applicant or participant shall have the right to appeal any decision of or grievance against the City Secretary, Chief Building Official or other program staff personnel to the City Manager; provided such appeal is made within fifteen (15) days from when the decision has been rendered or the grievance occurred and/or became known to the applicant. If the applicant/participant is not satisfied with the decision of the City Manager, he or she may then appeal his or her grievance to the City Council provided such appeal is made within ten (10) days from the date of the decision of the City Manager. The decision of the City Council shall be final. Sec. 15: CITY NOT TO BE HELD LIABLE No member of the governing body nor any representative, official or employee of the City of Wylie who exercises any functions or responsibilities in connection with the administration and implementation of this program shall be held liable for the exercise thereof. This provision shall not exclude liability for any illegal acts. Sec. 16: CHANGES, WAIVERS, AND/OR CONFLICTS A. The City Council shall have the right to change, modify, waive or revoke all or any part of these guidelines by a majority vote of the Council. B. The City shall have the right to waive the Section 8 Existing Housing Quality Standard requirements or code violations providing such waiver will not diminish marketability of the property,when long-standing local acceptance is evident of topography or when the architecture of the structure makes compliance unfeasible. PASSED and APPROVED this day of , 1994 by the City Council of the City of Wylie, Texas. Attest Approved: City Secretary Mayor Page 8 of 8 DULY JUBILEE SOFTBALL TOURNAMENT ITEM City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Parks and Recreation Dept. DIRECTOR: Bill Nelson `"" DATE REFERENCE NO. SUBJECT 4/12/94 Wylie Chamber of Commerce - July Jubilee 7 Softball Tournament - July 16, 1994 SUMMARY OF SUBJECT: The Wylie Chamber of Commerce has requested to have a softball tournament during the July Jubilee Celebration. In as that this is a fund raiser for the Chamber of Commerce, the Parks and Recreation Board recommend that the $100 per field tournament fee be reduced to $50 per field. This item is being brought before the City Council as per the terms of the Athletic Field Policy. ALTERNATIVES: 1 .) Approve recommendation to lower field fee to $50 per field. _ 2.) Deny recommendation to lower field fee to $50 per field. 1 ACTION REQUESTED: 1 . Approve recommendation to lower field fee to $50 per field. ) PP j • REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: .u, S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ S CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER (Q. C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER . MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF • . DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER 0.e CITY OF VCTYLIM 200o HWY. 78N. - P.O. BOX 428 WYLIE, TEXAS 75098 (214)442-2236 • FAX 442-4302 Parks & Recreation Members Bill Nelson Softball Tournament Chamber of Commerce I am recommending that the usual $100.00 per field tournament fee be lowered to$50.00 per field in as that this is a fund raiser for the Chamber of Commerce. 1i4/ CHAMBER OF COMMERCE ��M111/ March 18 , 1994 Mr. Bill Nelson Community Services Director City of Wylie Box 428 Wylie, Tx. 75098 Dear. Mr. Nelson: The Wylie Chamber of Commerce respectfully requests the use of Cooper, Tibbals, Eldridge, and Rowell fields on Saturday, July 16 , 1994 , for their annual softball tournament held in conjunc- tion with the annual July Jubilee celebration. We appreciate your interest and participation in assisting the Chamber with this annual event. Sincerely, ,,�,�,, I )et1) Margaret Cook V/P Public Relations 108 West Marble • Wylie, Texas 75098 • 214/442-2804 • FAX 214/442-2804 Tax ATTORNEY SERVICES ITEM # g City of Wylie . AGENDA COMMUNICATION SUBMITTED BY: FINANCE DEPARTMENT DIRECTOR: BRADY SNELLGROVE DATE REFERENCE NO. SUBJECT 04/05/94 g Delinquent Tax Collection Contract SUMMARY OF SUBJECT: Section 6.30c of the State Property Tax Code allows a governing body to contract the collection of delinquent taxes with any competent attorney. The City of Wylie has a contract to do this with Sallinger, Nichols, Jackson, Kirk & Dillard. The law firm became a Texas Registered Limited Liability Partnership. This changed the name of the law firm to Nichols, Jackson, Kirk & Dillard, L.L.P. This necessitates the need for a new delinquent tax collection contract with a few changes with the law firm of Nichols, Jackson, Kirk & Dillard, L.L.P. ALTERNATIVES: • 1) Approve and accept the Delinquent Tax Collections Contract. 2) Table the request. 3) Ask staff for additional research into this item. ACTION REQUESTED: .. . Approve and accept the Delinquent Tax Collection Contract with the law firm of Nichols, Jackson, Kirk & Dillard. REVENUE SOURCES: EXPENDITURE ACCOUNTS: -- BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS 1.3 ONE-TIME CJ $ CAPITAL ❑ RECURRING OT ❑ ; . HER COMMENTS: . USER DEPARTMENT COMMENTS:..,. , SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES ' / ✓, ��LETTER C.I.P. ORDINANCE/RESOLUTION ✓ OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR,OF PARKS/REC.., CITY SECRETARY, `" 1 DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. _ FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER MEMORANDUM Date: April 6, 1994 To: Brady Snellgove, Finance Director From: Prudence Kling, Accounting Supervisor RE: Delinquent Tax Collection Contract The tax attorneys get 15% collection fees for delinquent taxes that are collected. This is provided by Section 6.30c of the State Property Tax Code. This 15% collection rate does not cost the City anything. The 15% is past on to the taxpayer when they pay their tax bill after July 1st of the current tax year. MEMORANDUM TO: Prudence Kling FROM: Steve Deiter SUBJECT: Delinquent Tax Collection Con .ct - Nichols, Jackson, et al DATE: April 30, 1993 I have reviewed the above referenced contract which you forwarded to me. Overall the contract appears to be in a from acceptable to the City's interests. I would however, make the -- following general comments. - Paragraph 2 requires the City to furnish "its entire delinquent tax roll" to the firm on or before July 1 of each year. I assume this is not a burden on your system, but do not know as I am unfamiliar with the system. I mention it for the reason the entire delinquent tax roll is an all inclusive phrase. -Paragraph 3 states that if the taxpayer pays following receipt of the first letter there is no collection charge to the City. This section seems to conflict with a portion of paragraph 10 that states they are entitled to their fee if they have taken any action on the account and the first letter is considered action. -Paragraph 6 gives the City the right to determine which accounts/properties/taxpayers should have actions filed against them. However, the agreement is structured so that sending the firm the initial data constitutes City's consent to institute an action on that account. Therefore if the City does not want to institute court action on a particular account it must initiate the action to inform the firm (in writing) to not take court action. -Paragraph 12 makes the agreement is terminable by either party with 30 days notice. However, the firm effectively has six months to go ahead and collect all accounts that have been forwarded to them prior to the time of the notice. I mention this because the practical effect of the provision is somewhat different than what a person would usually anticipate with a "terminable on 30 days notice" clause. I would also note that the agreement is one which probably should be considered and approved by the Council. I say this because the agreement does involve expenditure of significant amount of the City's funds and because it amounts to hiring of an attorney which under the Charter is an action reserved to Council. Thirdly, delinquent tax collection is an area in which at least one member of the Council has historically had a concern with and they would want to consider the matter themselves rather that be informed that Staff has taken the action. I would suggest that the agreement be placed on the agenda for the next Council meeting for consideration and approval (or rejection) by the Council. Should you or any of the recipients of copies of this document have any questions please advise. cc: Steve Norwood Brady Snellgrove • I • • NICHOLS, JACKSON, KIRK & DILLARD, L.L.P. LAWRENCE W.JACKSON ' Attorneys & Counselors at Law JOHN F.ROEHM III TIM KIRK 1800 Lincoln Plaza CHRISTINA A.MELTON ROBERT L.DILLARD III 500 North Akard ROBERT E.HAGER PETER G.SMITH Dallas,Micas 75201 JOHN PIERCE GRIFFIN ROBERT L.DILLARD,JR. DAVID M.BERMAN (214)954-3333 H.LOUIS NICHOLS BRUCE A.STOCKARD Facsimile(214)954-3334 OF COUNSEL March 8, 1993 Prudence Kling Finance Director, City of Wylie 2001 Highway 78 P.O. Box 428 Wylie, Texas 75098 Re: Tax Collection Contract Dear Prudence: - Our law firm has recently become a Texas Registered Limited Liability Partnership. This change has no effect on our business operations but will serve to relieve the firm's partners from personal liability for any malpractice committed by another partner or another partner's associate or paralegal, to the extent that malpractice insurance coverage is in effect. This new status also requires a name change. The name of the firm has changed to "Nichols, Jackson, Kirk & Dillard, L.L.P. " Our delinquent tax collection contract with the City should reflect this name change. In reviewing our contracts, however, it has come to my attention that the contract between the firm and the City has technically expired, although continued performance is construed to be a periodic renewal under the same terms. Nevertheless, I am enclosing a new collection contract which contains the same terms as the prior agreement. The changes are ,1) the firm's name has been revised; 2) paragraph 2 has been changed to provide that the City is to give the firm its delinquent tax roll, as opposed to all its delinquent tax statements; and, 3) the contract term of three years has been deleted to make the contract indefinite but terminable at will. Please review the proposed contract and provide me with any feedback which you or the City may have. If the agreement is acceptable, please submit the proposal to the appropriate persons for review. Should you have any questions regarding the foregoing, please do not hesitate to contact me. Thank you for your attention herein. Sincerely, NICHOLS, JACKSON, KIRK & DILLARD, L.L.P. By b G ll�tt' Da i M. Berman DB/mm DELINQUENT TAX COLLECTION CONTRACT STATE OF TEXAS § COUNTY OF COLLIN § THIS AGREEMENT is made and entered into by and between the CITY OF WYLIE, TEXAS, hereinafter referred to as the "City", and the law firm of NICHOLS, JACKSON, KIRK & DILLARD, L.L.P. , a Texas Limited Liability Partnership, hereinafter referred to as the "Firm" . 1. The City agrees to emplo n do s hereby employ the Firm to enforce by suit or otherwise the collection of all delinquent taxes, penalty and interest owing to the City, and to such other taxing units for which the City presently has responsibility by law or contract to make such collections on its behalf. Current year taxes that become delinquent at the time this contract is in force shall be subject to the terms of this agreement on the first day of July of the year in which such taxes become delinquent. If suit is brought for delinquent taxes and current year taxes are owed, current year taxes must be included. 2. The City agrees to furnish its entire delinquent tax roll to the Firm for all delinquent tax accounts on or before July 1 of Nw. each year in which this Contract is in effect. The City further agrees to provide updated delinquent tax information upon request by the Firm. Said delinquent tax roll shall contain the name and - 1 - address of the taxpayer, the amount of base taxes due from the taxpayer, the account number of the taxpayer, a description of the property upon which taxes were levied, and the appraised value of the property upon which taxes were assessed. 3 . Upon receipt of the delinquent tax roll by the Firm, the Firm agrees to initiate procedures for the collection of the amount due from each taxpayer. Within thirty (30) days from the Firm's receipt of the delinquent tax information, the Firm hereby agrees to send, by first class mail, a demand letter to each and every delinquent taxpayer requesting said taxpayer to remit the full amount due and owing to the City's tax office at no charge to the City. The Firm further agrees to send, by first class mail, a second demand letter to each delinquent taxpayer who failed to respond to the initial demand letter upon the expiration of thirty (30) days following the date of the mailing of the initial demand letter. The Firm further agrees to pay all postage costs for any mailings required hereunder. 4. The Firm further agrees to conduct investigations as to the address of taxpayers and the location of the property where such information may be incorrect on the delinquent tax roll. The Firm shall call to the attention of the appropriate tax official any errors, discrepancies, or inaccuracies in the information provided on the delinquent tax roll detected by the Firm. The Firm further agrees to provide the City with any advice or assistance in connection with updating the tax rolls. The City shall make available to the Firm information which the City may have with - 2 - regard to the name, identity, location of necessary parties and descriptions of property in connection with each delinquent tax account upon request by the Firm. 5. The Firm agrees to provide the City with progress or status reports of the Firm's tax collection efforts. The Firm shall advise the City of any case in which the Firm's investigation has revealed that the taxpayer cannot be found, the enforcement of the tax lien cannot be accomplished, or further attempts at tax collection would be futile. In such cases, the City shall advise the Firm as to the appropriate procedure to be followed. 6. Following transmittal of the second. demand letter as specified hereinabove, the Firm will commence procedures in anticipation of litigation. The City shall have discretion over which accounts suit shall be filed. The transmittal of the delinquent tax information to the Firm from the City shall constitute authorization to file suit following the mailing of the second demand letter. Upon notice, the City may at any time withdraw this authorization. 7. The Firm agrees to commence litigation, prosecute, and reduce to judgment the delinquent accounts. Each suit filed shall seek personal judgment against the individual taxpayer for all taxes, penalty and interest; foreclosure of any tax lien which may exist by operation of law; any and all costs incurred in prosecuting the suit; and, any collection costs and attorney's fees which the taxpayer may be obligated to pay. The Firm shall perform litigation responsibilities and assert the City's legal remedies - 3 - including appeals, preparation of any documents required, post- judgment activities, and any other actions necessary in order to collect the delinquent taxes. 8. The Firm will assume the representation of the City in pending lawsuits involving the collection of delinquent taxes and the enforcement of the tax lien including, but not limited to, bankruptcy litigation, interventions in suits filed on behalf of other taxing jurisdictions for the foreclosure of a tax lien on real property, and any other suit or litigation which may involve or relate to the collection of delinquent taxes. The Firm will inform the City of any counterclaims or cross-actions filed against the City or against any taxing unit for which taxes are collected by the City. ' 9 In addition to litigation, the Firm further agrees to provide taxpayer service. As such, the Firm agrees to respond to taxpayer inquiries and to advise the City of and make any recommendations concerning installment payment agreements and settlement agreements proposed by the taxpayer. In all demand letters and all communications with taxpayers, the Firm shall inform and instruct the taxpayer to remit its payment to the City's tax office. 10. As compensation for the services rendered hereunder by the Firm, the City hereby agrees to pay to the Firm fifteen percent (15%) of the total amount of all delinquent taxes, penalty and interest for the years covered by the delinquent tax statement and recovered by the Firm from the taxpayer or from forced sale. The ,_.ti - 4 Firm shall not be entitled to the aforesaid fifteen percent (15%) unless and until the Firm has taken some action in connection with recovering delinquent taxes. The transmittal of the first and initial demand letter, as described hereinabove, shall constitute sufficient action in order to entitle the Firm to the fee aforesaid. In no event shall the Firm be entitled to said fee unless and until the City's tax office actually collects the delinquent taxes, penalty and interest from the taxpayer or from the proceeds of a forced sale or foreclosure. Collection costs, if recovered in the amount of 15%, shall constitute the aforesaid fifteen percent fee. The compensation due to the Firm shall be payable on or before the end of the month in which the delinquent taxes, penalty and interest are collected or reasonably soon thereafter. In no event shall this contract be construed to limit or waive any contract, agreement or right to payment of the Firm for compensation for legal services rendered which services are not related to delinquent tax collection efforts. 11. Any settlement offer made to the Firm by any taxpayer in full satisfaction of tax liability shall promptly be relayed to the City's tax office for approval or rejection. The City shall have sole discretion over whether or not to settle for the amount proposed by the taxpayer. In any case in which the City chooses to settle, the Firm shall be entitled to fifteen percent (15%) of the amount agreed to in the settlement. In any case in which the fifteen percent (15%) collection fee is not authorized by law in whole or in part, or is not collected in whole or in part, the City - 5 - shall collect on behalf of the Firm and shall pay over to the Firm in accordance with the terms hereof any attorney's fees collected from the taxpayer or from a forced sale or foreclosure of property. In any suit or proceeding in which attorney's fees or collection fees are not collected, the Firm shall be entitled to a fee of fifteen percent (15%) of any taxes, penalty and interest collected. However, no settlements or compromises of taxes, penalty or interest shall be effected where prohibited by law. 12. This contract shall commence on the date of execution specified hereunder, and shall continue and remain in full force and effect unless and until terminated by mutual agreement of both parties; provided, however, that either party to this agreement shall have the right to and may terminate this agreement upon written notice of intent to terminate, given at least thirty (30) days prior to the date of termination. In the event that either party desires to terminate this agreement after any suit has been filed and before said suit has been reduced to judgment, the Firm shall have an additional six (6) months in which to reduce to judgment any suits previously filed and to complete work in progress. 13. The terms, obligations and requirements of this contract shall be construed in accordance with the laws of the State of Texas. In consideration of the terms, covenants and mutual agreements hereinabove stated, the Firm hereby accepts the employment of the City and undertakes the performance of this contract as above stated. - 6 14 . This contract is executed on behalf of the City by the Mayor or other officer who is authorized to execute this instrument on behalf of the City of Wylie, Texas. WITNESS the signatures of all parties hereto in single or multiple originals on this the day of 1993, in Collin County, Texas. ATTEST: CITY OF WYLIE, TEXAS By SECRETARY MAYOR NICHOLS, JACKSON, KIRK, & DILLARD, L.L.P. By David M. Berman, Partner 1800 Lincoln Plaza 500 North Akard Dallas, Texas 75201 (214) 954-3333 (214) 954-3334 (Facsimile) - 7 - DISANNEXATION OF LAND ITEM # 9 City of Wylie AGENDA COMMUNICATION - SUBMITTED BY: L egl DIRECTOR: Steven P. Deiter DATE REFERENCE NO. SUBJECT 4/7/94 9 Disannexation of 8 Acres on Paul Wilson Road SUMMARY OF SUBJECT: - Robert Raber is the owner of an 8 acre tract located at 840 Paul Wilson Road (east side of road between Dog Drop Lane and Skyview). The property was annexed into the City in September of 1984 but the City has not provided sewer service (water is provided by Wylie NE WSC) to the area since the annexation. The owner has - filed a petition with the City requesting that the property be disannexed from the City for failure to provide services. All of the background notices and paperwork have been complied with and the matter is before the council to take action on the request of the petition. The disannexation would be accomplished by passage of an ordinance disannexing the property from the City. ALTERNATIVES: (1) Adopt ordinance providing for disannexation of the property from the City. - (2) Provide sanitary sewer service to the area. (3) Deny the petition for disannexation. ACTION REQUESTED: I - Staff recommendation is for_Council to-adopt ordinance:disannexing-the Raber property-from the City or provide:sanitary,.sewer services to the area. _ _, REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL CIOVER/UNDER PROJECTIONS BY: OPERATIONS El ONE-TIME ❑ • $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER • • MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR. POLICE CHIEF • CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL el% - CITY MANAGER MEMORANDUM TO : City Council FROM : Steve Deiter SUBJECT : Raber Disannexation DATE : Apri 7 6 , 1994 ********************************************************************************* Robert Raber appeared before the Council at its February 22, 1994 meeting and requested disannexation of his property as the City had not provided sewer services in the nine plus years following annexation of the property. (The property is located in the Wylie Northeast WSC territory and is served by the WSC). Although the annexation was on the request of his predecessor in title (voluntary annexation) the City still must provide the services within four and one-half years following the annexation. Since the services have not been provided the property owner can force the City to disannex the property or provide services, by the filing of a proper petition for disannexation with the City. The property for which the disannexation is being requested consists of approximately 8 acres and contains the Raber's personal residence. The total City taxes associated with the property for 1993 were $679.73. It is located on the East side of Paul Wilson Road and has a street address of 840 Paul Wilson Road. The location of the property is indicated by the highlighted portion on the map which is attached to the proposed ordinance of disannexation. The Council directed me to work with the property owner to draft the paperwork necessary to effect the requested disannexation. In accordance with the Council's directive I prepared the petition for disannexation, notices, affidavits, and other required documents and had the owner post notice of the Petition For Disannexation on the property and in the local newspaper, all as required by state law. ,.� The matter is now back before the Council for the Council to consider taking action on the petition for disannexation. A copy of the petition is attached for your review. If the Council desires to grant the disannexation it needs to adopt an ordinance to that effect. I have prepared such an ordinance and forward the same herewith for your consideration. All requisite notices, affidavits, and other documentation have been submitted (that is a valid petition has been filed). Consequently the Council has jurisdiction to grant the requested disannexation. If the Council denies the Petition for Disannexation the property owners can file an action in Collin County District Court to force the City to disannex the property. The only issues in the Court proceedings would be whether a valid petition was filed and whether services were provided. If these two issues are found to exist state law provides that the Court "shall" enter an order of disannexation. The alternative to granting the disannexation request is to provide sewer service to the property. However, I understand that the nearest line, in the Kensington Manner Subdivision, would not be adequate for additional flow. Therefore construction of significant of amounts of new line would be necessary. I would also note (as is always the case for disannexation for failure to provide services) that the property cannot be annexed within the five years following its disannexation. Furthermore, if it is "re-annexed" the time frame for implementing the service plan is reduced to one year instead of the four and one-half which is allowed the first time around. Should any of you have any questions or concerns on this matter please advise. cc: Steve Norwood STATE OF TEXAS § § SS: COUNTY OF COLLIN § PETITION FOR DISANNEXATION COMES NOW Robert Frederick Raber and Diana Paulette Raber and for their petition for disannexation from the City of Wylie allege and state as follows: 1. That the petitioners residence and address is 840 Paul Wilson Road, Wylie, Collin County, Texas 75098. 2. That these petitioners are qualified voters of the 27th Precinct in the City of Wylie, Collin County, Texas, whose voter registration numbers are indicated below under their respective signatures. 3. That these petitioners constitute all of the residents, qualified voters and property owners within the area hereinafter described. 4. That these petitioners request disannexation of the following described tracts of real estate, all being within that certain lot, tract or parcel of land situated in Collin County, Texas, being out of the Francisco de la Pina Survey, Abstract No. 688 and being part of a 46.539 acre tract of land conveyed to Don Massoud recorded in Volume 1378, page 800 Collin County Deed Records and being more particularly described as follows: TRACT 1: Commencing at an iron stake found for corner in the west line of said Francisco de la Pina Survey, Abstract No. 688, said point being in the intersection of two County Roads, said point also being the Southwest corner of a 47.751 acre tract conveyed to Arwood H. Stowe recorded in Volume 797, Page 704, Collin County, Texas Deed Records, THENCE N 0`27' W 1,236.65 feet along center of County road and the West line of said Francisco de la Pina survey to an iron stake set for Corner for the place of beginning; THENCE: N 00°27' W 150.62 feet along the center of County Road with the West line of said survey to an iron stake set for a corner. THENCE: N 89°18'28" E 584.70 feet to an iron stake set for corner. THENCE: S 00°27' E 147.49 feet to an iron stake set for corner. THENCE: S 89*18'28" W 584.70 feet to the place of beginning and containing 2.00 acres of land 1 i'RACT 2: Commencing at an iron stake found for corner in the west line of said Francisco de la Pina Survey, Abstract No. 688, said point being in the intersection of two County Roads, said point also being the Southwest corner of a 47.751 acre tract conveyed to Arwood H. Stowe recorded in Volume 797, Page 704, Collin County Deed Records, THENCE N 0 27' W 1,387.17 feet along center of County road and the West line of said Francisco de la Pina survey to an iron stake set for Corner for the place of beginning; THENCE: N 00°27' W 149.00 feet along the center of County Road with the West line of said survey to an iron stake set for a corner. THENCE: N 89°18'28" E 584.70 feet to an iron stake set for corner. THENCE: S 00°27' E 149.00 feet to an iron stake set for corner. THENCE: S 89°18'28" W 584.70 feet to the place of beginning and containing 2.00 acres of land TRACT 3: Commencing at an iron stake found for corner in the west line of said Francisco de la Pina Survey, Abstract No. 688, said point being in the intersection of two County Roads, said point also being the Southwest corner of a 47.751 acre tract conveyed to Arwood H. Stowe recorded in Volume 797, Page 704, Collin County Deed Records, THENCE N 0°27' W 1,536.17 feet along center of County road and the West line of said Francisco de la Pina survey to an iron stake set for Corner for the place of beginning; THENCE: N 00°27' W 149.00 feet along the center of County Road with the West line of said survey to an iron stake set for a corner. THENCE: N 89°18'28" E 584.70 feet to an iron stake set for corner. THENCE: S 00°27' E 149.00 feet to an iron stake set for corner. THENCE: S 89°18'28" W 584.70 feet to the place of beginning and containing 2.00 acres of land said tracts 1,2,and 3 being the same property conveyed to Robert Frederick Raber by virtue of Warranty Deed recorded in Volume 1918 page 836-40 of the Collin County Deed Records TRACT 4: Commencing at an iron stake found for corner in the west line of said Francisco de la Pina Survey, Abstract No. 688, said point being in the intersection of two County Roads, said point also being the Southwest corner of a 47.751 acre tract conveyed to Arwood H. _.w 2 Stowe recorded in Volume 797, Page 704, Collin County Deed Records, THENCE N 00°27' W 1,685.27 feet along center of County road and the West line of said Francisco de la Pina survey to an iron stake set for Corner for the place of beginning; THENCE: N 00°27' W 149.00 feet along the center of County Road with the West line of said survey to an iron stake set for a corner. THENCE: N 89°18'28" E 584.70 feet to an iron stake set for corner. THENCE: S 00°27' E 149.00 feet to an iron stake set for corner. THENCE: S 89°18'28" W 584.70 feet to the place of beginning and containing 2.00 acres of land the said tract 4 being the same property conveyed to Robert Frederick Raber by virtue of Warranty Deed recorded in Volume 1918 page 841-43 of the Collin County Deed Records herein collectively referred to as the subject tracts, from the City of Wylie, Texas(City),pursuant to Section 43.141 of the Texas Local Government Code (Code). 5. The Petitioners submit herewith, as Exhibit A, and incorporate herein by reference, a copy of the plat of the subject tract. 6. That the subject tract was annexed into the City on or about the 25th day of September, 1984, by Ordinance No. 84-58. 7. That the City has failed or refused to provide, or cause to be provided, sanitary sewer services to the subject tract in the period following such annexation, nor have actions to provide such services been commenced as of the date of this petition. 8. The tract is within the area served by Wylie Northeast WSC under its Certificate of Convenience and Necessity and receives water services from said WSC and by reason of such location the City is not required nor allowed to provide water services. 9. That by reason of the failure to provide the aforesaid municipal services the Petitioners have a right under the above referenced section of the Code to request disannexation and have the same granted by the Governing Body of the City. 10. That Petitioners have given all required notices and attach hereto as Exhibits B and C, respectively, the Affidavit concerning posting and the affidavit concerning publishing of said notices. 3 WHEREFORE, the petitioners respectfully request the governing body of the City of Wylie to disannex the subject area from the City according to law. Z(/ Ba Robert rederick Raber Voter Reg. No. 0336567 B iana Paulette Raber Voter Reg. No. 0300514 VERIFICATION The undersigned Robert Frederick Raber and Diana Paulette Raber, both being of lawful age and each being duly sworn, on their respective oaths allege and state as follows: That they are the Petitioners above named, that they have read and are personally familiar with the statements made in the above and foregoing Petition For Dicannexation and all state is e ein made are e and correct to the best of their knowledge and belief. 4/0/44a41,21-- obert Frederick Ra er P . Paulette Raber Subscribed and sworn to before me the undersigned Notary Public, this //76day of March, 1994. a � DENNIS........... ••••••••41101~111• 10- S. WILLIAMS Notary Public sQ *tat) Stye a!Tait (Seal) •►a +b a.a , a .g7 4 /A 11 •',..1,-.3., A . • :.,c' .:*..1 AI . , . 1.,4; viz,. ,a,''.:fi' t %.•.1.• :. 14. N A. 1-$5 • ,, _..t. • 1 I.,. ,,,,,,„ 1 2,/ • • • . ... co AC ' Toe•'.4$ ....I. •1 ' ' • "44 J.'f' • !!'; •. .11-:,. • • C i.1 •••,. t. : yl .•,..1,:j:J. 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I OFM i 4 1----1 If 11.1.(Tlj'A%6r141N.fIiiltf146:1,3i;b• 1207 j", , .:"..; - -,..•.'-',:; ...-, •-y ...0 -----..> •, od• 1 Arw .1 .. ' r Sis44'•Trg •1...,At LI l i•iti 4,A y.A.ssour) .• P.AI / ("JO -*I 1. :.....e..•.. IIIT • :.— '- *••-•----- • —1r,, : O C.AI.(Z V —eki3 r • ,. - •A . f .• _ . • . • 1 !.., tin& 4.itr ot4 4 i, i'' 2.13. ::-) 1 .AC. Q A .,: iii.. itii.•,, l• : tn,•3/4.,41 ,,, •• 1 ___11.1 I• . • lee e 1-, 114:•••• i . AC kil i J 1 • . !,. Lii.f ( . f a i!.44:4 ii.,z',..r- ,;.,!..i):.:,.•!;..4".... , :4: r :t0i, rr...+P.tifk•Ii•P '.10tri . I l' \ 1 ,•. 1 5 ../. . : 1/4 7, \....\ -... , AFFIDAVIT STATE OF TEXAS § § ss: COUNTY OF COLLIN § The undersigned Robert Frederick Raber, of lawful age on being first duly sworn, on his oath alleges and states as follows: 1. That he is one of the voters who signed the Petition for Disannexation from the City of Wylie, Texas concerning the following described real estate, to wit: All being within that certain lot, tract or parcel of land situated in Collin County, Texas, being out of the Francisco de la Pina Survey, Abstract No. 688 and being part of a 46.539 acre tract of land conveyed to Don Massoud recorded in Volume 1378, page 800 Collin County Deed Records and being more particularly described as follows: TRACT 1: Commencing at an iron stake found for corner in the west line of said Francisco de la Pina Survey, Abstract No. 688, said point being in the intersection of two County Roads, said point also being the Southwest corner of a 47.751 acre tract conveyed to Arwood H. Stowe recorded in Volume 797, Page 704, Collin County, Texas Deed Records, THENCE N 0 27' W 1,236.65 feet along center of County road and the West line of said Francisco de la Pina survey to an iron stake set for Corner for the place of beginning; THENCE: N 00°27' W 150.62 feet along the center of County Road with the West line of said survey to an iron stake set for a corner. THENCE: N 89°18'28" E 584.70 feet to an iron stake set for corner. THENCE: S 00°27' E 147.49 feet to an iron stake set for corner. THENCE: S 89°18'28" W 584.70 feet to the place of beginning and containing 2.00 acres of land TRACT 2: Commencing at an iron stake found for corner in the west line of said Francisco de la Pina Survey, Abstract No. 688, said point being in the intersection of two County Roads, said point also being the Southwest corner of a 47.751 acre tract conveyed to Arwood H. 1 Stowe recorded in Volume 797, Page 704, Collin County Deed Records, THENCE N 0 27' W 1,387.17 feet along center of County road and the West line of said Francisco de la Pina survey to an iron stake set for Corner for the place of beginning; THENCE: N 00°27' W 149.00 feet along the center of County Road with the West line of said survey to an iron stake set for a corner. THENCE: N 89618'28" E 584.70 feet to an iron stake set for corner. THENCE: S 00°27' E 149.00 feet to an iron stake set for corner. THENCE: S 89°18'28" W 584.70 feet to the place of beginning and containing 2.00 acres of land TRACT 3: Commencing at an iron stake found for corner in the west line of said Francisco de la Pina Survey, Abstract No. 688, said point being in the intersection of two County Roads, said point also being the Southwest corner of a 47.751 acre tract conveyed to Arwood H. Stowe recorded in Volume 797, Page 704, Collin County Deed Records, THENCE N 0 27' W 1,536.17 feet along center of County road and the West line of said Francisco de la Pina survey to an iron stake set for Corner for the place of beginning; THENCE: N 00°27' W 149.00 feet along the center of County Road with the West line of said survey to an iron stake set for a corner. THENCE: N 89°18'28" E 584.70 feet to an iron stake set for corner. THENCE: S 00°27' E 149.00 feet to an iron stake set for corner. THENCE: S 89618'28" W 584.70 feet to the place of beginning and containing 2.00 acres of land said tracts 1,2,and 3 being the same property conveyed to Robert Frederick Raber by virtue of Warranty Deed recorded in Volume 1918 page 836-40 of the Collin County Deed Records TRACT 4: Being all that certain lot, tract or parcel of land situated in Collin County, Texas, being out of the Francisco de la Pina Survey, Abstract No. 688 and being part of a 46.539 acre tract of land conveyed to Don Massoud recorded in Volume 1378, page 800 Collin County Deed Records and being more particularly described as follows: Commencing at an iron stake found for corner in the west line of said Francisco de la Pina Survey, Abstract No. 688, said point being in the intersection of two County Roads, said point also being the Southwest corner of a 47.751 acre tract conveyed to Arwood H. Stowe recorded in Volume 797, Page 704, Collin County Deed Records, thence N 00 27' W 1,685.27 feet along center of County road and the West line of said Francisco de la Pina survey to an iron stake set for Corner for the place of beginning; 2 THENCE: N 00°27' W 149.00 feet along the center of County Road with the West line of said survey to an iron stake set for a corner. THENCE: N 89°18'28" E 584.70 feet to an iron stake set for corner. THENCE: S 00°27' E 149.00 feet to an iron stake set for corner. THENCE: S 89°18'28" W 584.70 feet to the place of beginning and containing 2.00 acres of land the said tract 4 being the same property conveyed to Robert Frederick Raber by virtue of Warranty Deed recorded in Volume 1918 page 841-43 of the Collin County Deed Records said tracts being herein referred to as the subject area. 2. That before circulation of the Petition for Disannexation this affiant po a copy of the Petition in three public places in, on and around the subject area, to wit: Ao 7 I / q8, / T9 404 3. This affiant personally caused the same to be posted for a period of ten consecutive days commencing on the a st day of February, 1994 and ending on the day of March, 1994, inclusive. 4. That this affidavit is given pursuant to Section 43.141 of the Texas Local Government Code and may be attached to any Petition filed pursuant to said section in relation to the disannexation of the subject area. FURTHER AFFIANT SAYETH NOT. By R Fr erick Raber SUBSCRIBED AND SWORN to before me the undersigned Notary Public this day of March, 1994. DENNIS S. WIWAMS 1-01201e) /VILLA:444o _ Kr.�;, ��+� of Teas Notary Public (Seal) =.,«r, thy Coawu.da EMI=M97 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, DISANNEXING LOTS 197, 198, 199, 200, AND 206 OF THE FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688, COLLIN COUNTY, TEXAS, GENERALLY LOCATED AT 840 PAUL WILSON ROAD; AND CONTRACTING THE CORPORATE BOUNDARIES OF THE CITY OF WYLIE ACCORDINGLY, REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on the request of the then owner of the property the City annexed the property hereinafter described on or about the 25th day of September, 1984, by virtue of Ordinance No 84-58, which was duly passed and adopted on said date; and, WHEREAS, the subject property has remained in the city from and after its annexation thereto, but the City has failed to provide municipal sewer services to the subject property in the nine and one half years following its annexation and such property continues to be without such service as of this date; and, WHEREAS, the owners of the subject property have filed a valid petition with the City Secretary requesting disannexation of the subject property from the City on the basis of the City's having failed to provide the services as aforesaid; and, WHEREAS, whereas all requisites relative to consideration and granting of such request appear to have been complied with by the owners, specifically including without limitation publication of notice of such petition on the subject property and in the official City Newspaper, wm all as required by Section 43.141 of the Texas Local Government Code (LGC);and, NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That the subject property as described and designated on the detailed description and plat map attached hereto as Exhibits A and B, respectively, and fully incorporated herein by reference, should be and the same hereby is disannexed from the corporate limits of the City of Wylie, and the City's boundaries are contracted accordingly. SECTION II Should any paragraph, sentence, sub-division, 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 or parts as declared to be invalid, illegal, or unconstitutional. SECTION III 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 IV That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or consistency, the above referenced Ordinance No. 84-58 and the territory annexed thereby shall be unaffected by the provisions hereof except as to the subject property herein described. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 12th day of April, 1994. By John W. Akin Mayor ATTEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney `EXHIBIT A' That certain lot, tract or parcel of land situated in Collin County, Texas, being out of the Francisco de la Pina Survey, Abstract No. 688 and being part of a 46.539 acre tract of land conveyed to Don Massoud recorded in Volume 1378, page 800 Collin County Deed Records and being more particularly described as follows: TRACT 1: Commencing at an iron stake found for corner in the west line of said Francisco de la Pina Survey, Abstract No. 688, said point being in the intersection of two County Roads, said point also being the Southwest corner of a 47.751 acre tract conveyed to Arwood H. Stowe recorded in Volume 797, Page 704, Collin County, Texas Deed Records, THENCE N 0°27' W 1,236.65 feet along center of County road and the West line of said Francisco de la Pina survey to an iron stake set for Corner for the place of beginning; THENCE: N 00°27' W 150.62 feet along the center of County Road with the West line of said survey to an iron stake set for a corner. THENCE: N 89°18'28" E 584.70 feet to an iron stake set for corner. THENCE: S 00 0 27' E 147.49 feet to an iron stake set for corner. THENCE: S 89°18'28" W 584.70 feet to the place of beginning and containing 2.00 acres of land • TRACT 2: Commencing at an iron stake found for corner in the west line of said Francisco de la Pina Survey, Abstract No. 688, said point being in the intersection of two County Roads, said point also being the Southwest corner of a 47.751 acre tract conveyed to Arwood H. Stowe recorded in Volume 797, Page 704, Collin County Deed Records, THENCE N 0°27' W 1,387.17 feet along center of County road and the West line of said Francisco de la Pina survey to an iron stake set for Corner for the place of beginning; THENCE: N 00 0 27' W 149.00 feet along the center of County Road with the West line of said survey to an iron stake set for a corner. THENCE: N 89°18'28" E 584.70 feet to an iron stake set for corner. THENCE: S 00 0 27' E 149.00 feet to an iron stake set for corner. THENCE: S 89°18'28" W 584.70 feet to the place of beginning and containing 2.00 acres of land TRACT 3: Commencing at an iron stake found for corner in the west line of said Francisco de la Pina Survey, Abstract No. 688, said point being in the intersection of two County Roads, said point also being the Southwest corner of a 47.751 acre tract conveyed to Arwood H. Stowe recorded in Volume 797, Page 704, Coffin County Deed Records, THENCE N 0°27' W 1,536.17 feet along center of County road and the West line of said Francisco de la Pina survey to an iron stake set for Corner for the place of beginning; 0 THENCE: N 00 27' W 149.00 feet along the center of County Road with the West line of said survey to an iron stake set for a corner. THENCE: N 890 18'28" E 584.70 feet to an iron stake set for corner. THENCE: S 00 0 27' E 149.00 feet to an iron stake set for corner. THENCE: S 89°18'28" W 584.70 feet to the place of beginning and containing 2.00 acres of land said tracts 1,2,and 3 being the same property conveyed to Robert Frederick Raber by virtue of Warranty Deed recorded in Volume 1918 page 836-40 of the Collin County Deed Records TRACT 4: Being all that certain lot, tract or parcel of land situated in Collin County, Texas, being out of the Francisco de la Pina Survey, Abstract No. 688 and being part of a 46.539 acre tract of land conveyed to Don Massoud recorded in Volume 1378, page 800 Collin County Deed Records and being more particularly described as follows: Commencing at an iron stake found for corner in the west line of said Francisco de la Pina Survey, Abstract No. 688, said point being in the intersection of two County Roads, said point also being the Southwest corner of a 47.751 acre tract conveyed to Arwood H. Stowe recorded in Volume 797, Page 704, Collin County Deed Records, thence N 00°27' W 1,685.27 feet along center of County road and the West line of said Francisco de la Pina survey to an iron stake set for Corner for the place of beginning; THENCE: N 00°27' W 149.00 feet along the center of County Road with the West line of said survey to an iron stake set for a corner. THENCE: N 89°18'28" E 584.70 feet to an iron stake set for corner. THENCE: S 00 0 27' E 149.00 feet to an iron stake set for corner. THENCE: S 89°18'28" W 584.70 feet to the place of beginning and containing 2.00 acres of land the said tract 4 being the same property conveyed to Robert Frederick Raber by virtue of Warranty Deed recorded in Volume 1918 page 841-43 of the Collin County Deed Records 2 • •71."?...7111I1 3 IS • I L...,, • ..,ifj : Sft 3 ...,13 i-i II ?II •IA i "•.; Ai •:ic -,. , - ' 4.74' • %%.• .• :. / ';c, L.-414411144 ; ". ..r ,. -,.. . 1••$S. • , ,, , 1. . . . • ;' . -• 4,4,-. , 2,, . „. .., .• . , ,..Ac ..... y.....„ .. .,.. !..... .. •, . ........, ,„ . .:: A../: ..... • • A 'li - i. •A I: i \ ) . .• !, i.I • ?is,. 1 5 V ., . „,.. 4. •, . ,. g ./-• /.. b 6.111" 45• kl. ..4 --0 .. lik,......en --.‘•.. ..v *El .....t- q,-,-; , Fri 41: P . • !"'N i el A 'Lialscia sKYVIE • msAti .4 t I t' l' l '''. :elf TERRACE i c LA•1...o. • 1 6 —...! .-,:•:,• v„,„ r:IliE ADDN. 1 !••4 •sr,:;•...'t t' ,:.1.f l',, 41.A• )1. e/C217 t.::1% .—___-_ . - .• . 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J ' r •• -4Art t: 1..o.f ,•.4,7,:1, pa:4•;..2.',, ,tr4...:1;..•,.i,:.,•;...14, :irl)114,41•MAUkiliiqi-P•k••-fkdi -a \ 1 ( .• r•, 7, 3 , • ' , f 1 i , , , t , DISANNEXATION OF LAND ITEM # 10 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Legal DIRECTOR: Steven P Deiter DATE REFERENCE NO. SUBJECT 31 4/7/94 10 Disannexation of 41--Acre Tract on Pleasant Valley Road SUMMARY OF SUBJECT: • The tract for which disannexation has been requested lies on both sides of Pleasant Valley Road and has a street address of 6210 and 6304 Pleasant Valley Road. A portion of the property, approximately 5 acres, lies in _ Dallas County. The property was annexed into the City in March of 1986. No sanitary sewer services have been provided in the eight years since annexation. The area receives water service from Eastfork WSC. The owners of the property Larry Morgan and Bobby Ellis are requesting that the property be disannexed for failure to provide services. All of the background notices and paperwork have been complied with and the matter is before the council to take action on the request of the petition. The disannexation would be accomplished by passage of an ordinance disannexing the property from the City. ALTERNATIVES: (1) Adopt ordinance providing for disannexation of the property from the City. (2) Provide sanitary sewer service to the area. { (3) Deny the petition for disannexation. ACTION REQUESTED: Staff recommen_dation-is.for Council to adopt ordinance disannexing the Morgan and Ellis property from the City or provide sanitary sewer—services to the area. __ REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: — OPERATIONS ❑ ONE-TIME ❑ • $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER • MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF • CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER MEMORANDUM TO : City Council �A Nip FROM: Steve Defter '' SUBJECT : Morgan - E7 is Disannexation DATE : April 6 1994 ********************************************************************************* Larry Morgan and Bobby Ellis appeared before the Council at its February 22, 1994 meeting and requested disannexation of their properties as the City had not provided sewer services in the eight years following annexation of the property. (The property is located in the Eastfork WSC territory and is served by them). The annexation was on the request of Larry Morgan who owned the entire tract at the time. Although its not an issue he states that he was induced into requesting the annexation (see attached letter from former City Manager Gus Pappas). Regardless of whether the annexation was voluntary, induced, or involuntary the City still must provide the services within four and one-half years following the annexation. Since the services have not been provided the property owner can force the City to disannex the property or provide services, by the filing of a proper petition for disannexation with the City. The property for which the disannexation is being requested consists of approximately 41 acres and contains the personal residence of both Morgan and Ellis. The property is located south of town on Pleasant Valley Road and lies partially in Dallas and partially within Collin County. The street address for the property is 6210 Pleasant Valley Road (Morgan) and 6304 Pleasant Valley Road(Ellis). The location of the property is indicated by the highlighted portion on the map which is attached to the proposed ordinance of disannexation. The Council directed me to work with the property owners to draft the paperwork necessary to effect the requested disannexation. In accordance with the Council's directive I prepared the petition for disannexation, notices, affidavits, and other required documents and had the owner post notice of the Petition For Disannexation on the property and in the local newspaper, all as required by state law. The Council might also recall that these same owners had made a similar request to the City in December of 1992 but the request was never followed up on. The matter is now back before the Council for the Council to consider taking action on the petition for disannexation. A copy of the petition is attached for your review. If the Council desires to grant the disannexation it needs to adopt an ordinance to that effect. I have prepared such an ordinance and forward the same herewith for your consideration. All requisite notices, affidavits, and other documentation have been submitted (that is a valid petition has been filed). Consequently the Council has jurisdiction to grant the requested disannexation. If the Council denies the Petition for Disannexation the property owners can file an action in Collin County District Court to force the City to disannex the property. The only issues in the Court proceedings would be whether a valid petition was filed and whether services were provided. If these two issues are found to exist state law provides that the Court "shall" enter an order of disannexation. The alternative to granting the disannexation request is to provide sewer service to the property. I believe the nearest line would be the one located in the Twin Lakes subdivision would be located approximately three fourths of a mile to the North. Therefore construction of significant of amounts of new line would be necessary with little potential for payback in the near future. I would also note (as is always the case for disannexation for failure to provide services) that the property cannot be annexed within the five years following its disannexation. Furthermore, if it is "re-annexed" the time frame for implementing the service plan is reduced to one year instead of the four and one-half which is allowed the first time around. Should any of you have any questions or concerns on this matter please advise. cc: Steve Norwood yite CITY OE' WYLIE 114 N. BALLARD ST. - P.O. BOX 428 WYLIE, TEXAS 75098 (214) 442-2236 October 9 , 1985 Mr . Larry Morgan 6210 Pleasant Valley Road Wylie , Texas 75098 Dear Mr . Morgan : Our records indicate that you are the owner of a tract of land consisting of 10 . 10 acres out of the Guadalupe de los Santos Survey , Abstract 1100 . The City of Wylie is engaged in the planning and engineering of water and sewer extension in your area and we would like to offer you the opportunity to be part of those plans . It is the policy of the City , established by the City Council , to provide services only that property which is within the corporate limits of ti,e City . For that reason , we would like you to consider valuntarily annexing your property into Wylie . For your convenience , we are enclosing a petition for annexation . If it is your desire to become a part of the City of Wylie , just sign this petition and return it to this office along with a legal description of the property . If you have any questions regarding this action , please do not hesitate to call this office . I look forward to discussing the matter with you in greater detail . us H . Pa , s City Mana er GHP : bl encl (2) STATE OF TEXAS § § SS: COUNTY OF COLLIN § PETITION FOR DISANNEXATION COMES NOW Larry D. Morgan and Gaila L. Morgan and for their petition for disannexation from the City of Wylie allege and state as follows: 1. That the petitioners residence and address is 6210 Pleasant Valley Road, Wylie, Collin County, Texas 75098. 2. That these petitioners are qualified voters of the 56th Precinct in the City of Wylie, Collin County, Texas, whose voter registration numbers are indicated below under their respective signatures. 3. That petitioners attach hereto as Exhibit A, and incorporate herein by reference a document entitled "Petition for Disannexation for Failure to Provide Services" which contains the signatures of other qualified voters in the subject area which requests disannexation; and the persons who signed such petition, together with these petitioners constitute a majority of the qualified voters of the subject area, as hereinafter described. 4. That these petitioners request disannexation of the following described tracts of real estate, to wit: All that certain lot, tract, or parcel of land lying and being situated in the Dallas and Collin Counties, in the State of Texas, to wit: Being a part of a 83.7 acre tract out of the Guadalupe De Los Santos survey, Abstract No. 1364 in Dallas County and Abstract No. 1100 in Collin County, Texas, conveyed to Beatrice Burch by R.C. Stone and wife, Dora Ann Stone, by deed recorded in Volume 878, Page 463, Collin County and Volume 2175, Page 160 Dallas County Deed Records, said tract more fully described as follows: BEGINNING at the most Northerly corner of the said 83.7 acre tract in the center of Pleasant Valley Road; 1 THENCE S 45°42' W along fence and the Southwest line of the 83.7 acre tract a distance of 945.50 feet to corner, the same being the county line between Collin and Dallas Counties; THENCE S 71°44' E a distance of 1,048.95 feet to corner; THENCE N 45°42' E a distance of 458.16 feet to corner in center of Pleasant Valley Road and NW line of the 83.7 acre tract, the same being also line between Collin and Dallas Counties, Texas and the NW line of said Survey, a distance of 931.00 feet to the PLACE OF THE BEGINNING and containing a total of 15.00 acres of land. AND; Situated in Collin County, Texas and being about 2 miles south of town of Wylie and being out of the William Sutton Survey, Abstract No. 1275 and a part of a 59 acre tract located in Collin and Dallas County, Texas deeded to Carl P.K. Nall and wife, by Elzie A. Smith as recorded in Vol. 5108, page 314, Deed Records, Dallas County, Texas; and recorded in Vol 557, Page 93, Deed Records of Collin County, Texas and being more particularly described as follows: BEGINNING at a point in the Southwest line of said William Sutton survey, and the center of Pleasant Valley Road said point North 44°03' West a distance of 373.51 feet from the most westerly corner of a 10 acres tract conveyed by Carl P. Nall et ux Thomas A. Collins and wife, by Deed dated April 28, 1964; THENCE North 44°03' West with said Southwest line of William Sutton Survey a distance of 223.50 feet to a point for corner in said Pleasant Valley Road; THENCE North 45°57' East a distance of 842.41 feet to a point for corner; • THENCE North 86°29'09" East a distance of 344.86 feet to a point for corner; THENCE South 45°57' West a distance of 1,104.12 feet to the place of beginning. A total of - 5.035 acres, more or less. BEGINNING at a point in the Southwest line of said William Sutton Survey and the center of Pleasant Valley Road, said point being 385.81 feet S 44°03' E from the most southerly corner of a 19 acre tract conveyed by Carl P. Nall et ux to George W. Pendergrass et al by deed dated March 7, 1962; THENCE N 45°57' E, 451.39 feet to a point for corner in the south line of said George W. Pendergrass tract; THENCE N 86°29'09" E along the south line of George W. Pendergrass tract a distance of 514.49 feet to a point for corner; 2 THENCE S 45°57' W, 842.41 feet to a point for corner in the Southwest line of said William Sutton survey and the center of Pleasant Valley Road; THENCE N 44° 03' W along the southwest line of said survey and center of Pleasant Valley Road a distance of 334.39 feet to the place of beginning and containing 4.965 acres of land, more or less. AND BEING all that certain lot, tract, or parcel of land situated in Collin County, Texas being out of the William Sutton Survey Abstract No. 1275, and being a part of a 9.00 acre tract of land conveyed to William B. Johnson, et ux recorded in Volume 710, Page 648 of the Deed Records of Collin County, Texas, and being more particularly described as follows: COMMENCING at a point in the center of Pleasant Valley Road, said point being the West corner of said Johnson 9.00 acre tract, said point also being N 44 03' W 373.51 feet from the most Westerly corner of the Thomas A. Collins 10 acre tract recorded by deed dated April 28, 1964; THENCE N 45°57' E 400.00 feet to the Place of Beginning; THENCE N 45° 57' E 704.12 feet along fence line to an iron stake for corner; THENCE N 86°29'09" E 354.08 feet along fence line to an iron stake for corner; THENCE N 79°23'36" E 100.45 feet along fence line to an iron stake for corner; THENCE S 22°12' E 55.13 feet along fence line to an iron stake for corner; THENCE S 48°28' W 915.38 feet along fence line to an iron stake for corner; THENCE N 66°25'21" W 320.59 feet to the Place of Beginning and containing 6.00 acres of land. (being the same property as that conveyed to Larry D. Morgan by virtue of deed dated and recorded in Collin County Land records office at Volume Page(s) and Dallas County Deed Records at Volume Page(s) ) herein collectively referred to as the SUBJECT TRACTS, from the City of Wylie, Texas(City), pursuant to Section 43.141 of the Texas Local Government Code (Code). 5. The Petitioners submit herewith, as Exhibit B, and incorporate herein by reference, a copy of the plat of the subject tract. 3 6. That the subject tract was annexed into the City on or about the 25th day of March, 1986, by Ordinance No. 86-29. 7. That the City has failed or refused to provide, or cause to be provided, sanitary sewer services to the subject tract in the period following such annexation, nor have actions to provide such services been commenced as of the date of this petition. 8. The tract is within the area served by Eastfork WSC under its Certificate of Convenience and Necessity and receives water services from said WSC and by reason of such location the City is not required nor allowed to provide water services. 9. That by reason of the failure to provide the aforesaid municipal services the Petitioners have a right under the above referenced section of the Code to request disannexation and have the same granted by the Governing Body of the City. 10. That Petitioners have given all required notices and attach hereto as Exhibits C and D, respectively, the Affidavit concerning posting and the affidavit concerning publishing of said notices. WHEREFORE, the petitioners respectfully request the governing body of the City of Wylie to disannex the subject area from the City according to law. D. rgan oter g. No. 267988 •4110 ail. L. Morgan Voter Reg. No. 268053 4 VERIFICATION The undersigned Larry D. Morgan and Gaila L. Morgan, both being of lawful age and each being duly sworn, on their respective oaths allege and state as follows: That they are the Petitioners above named, that they have read and are personally familiar with the statements made in the above and foregoing Petition For Disannexation and all statements therein made are true and correct to the best of their knowledge and belief. 6d1.4 rgan Gaila L. Morg Subscribed and sworn to before me the undersigned Notary Public, this e • . of .ttraire\_ 1994. lo"`fit STEM P.OSTER fin'COMMISSION WIRES �� May 14,1927 (Seal) i 5 PETITION FOR DISANNEXATION FOR FAILURE TO PROVIDE SERVICES TO THE SECRETARY OF THE CITY OF WYLIE, TEXAS: Pursuant to Section 43.141, Local Government Code, the undersigned qualified voters of the tract of land described in Exhibit "A" and as shown on Exhibit "B" hereby petition the governing body of the City of Wylieto disannex said area for failure to provide the services specified by Section 43.056, Local Government Code. Signature Address Voters Reg. # i Am G�// � -�- rel./4 0-0 G RIR/ D -g . - ��? _ oa /0 �a 0 6.2i0 �lA j )7 V G 3ay�. ',�,,., V , 031Z37/ AFFIDAVIT STATE OF TEXAS § § ss: COUNTY OF COLLIN § The undersigned Larry D. Morgan, of lawful age on being first duly sworn, on his oath alleges and states as follows: 1. That he is one of the voters who signed the Petition for Disannexation from the City of Wylie, Texas concerning the following described real estate, to wit: All that certain lot, tract, or parcel of land lying and being situated in the Dallas and Collin Counties, in the State of Texas, to wit: Being a part of a 83.7 acre tract out of the Guadalupe De Los Santos survey, Abstract No. 1364 in Dallas County and Abstract No. 1100 in Collin County, Texas, conveyed to Beatrice Burch by R.C. Stone and wife, Dora Ann Stone, by deed recorded in Volume 878, Page 463, Collin County and Volume 2175, Page 160 Dallas County Deed Records, said tract more fully described as follows: BEGINNING at the most Northerly corner of the said 83.7 acre tract in the center of Pleasant Valley Road; THENCE S 45°42' W along fence and the Southwest line of the 83.7 acre tract a distance of 945.50 feet to corner, the same being the county line between Collin and Dallas Counties; THENCE S 71°44' E a distance of 1,048.95 feet to corner; THENCE N 45°42' E a distance of 458.16 feet to corner in center of Pleasant Valley Road and NW line of the 83.7 acre tract, the same being also line between Collin and Dallas Counties, Texas and the NW line of said Survey, a distance of 931.00 feet to the PLACE OF THE BEGINNING and containing a total of 15.00 acres of land. AND; Situated in Collin County, Texas and being about 2 miles south of town of Wylie and being out of the William Sutton Survey, Abstract No. 1275 and a part of a 59 acre tract located in Collin and Dallas County, Texas deeded to Carl P.K. Nall and wife, by Elzie A. Smith as recorded in Vol. 5108, page 314, Deed Records, Dallas County, Texas; and recorded in Vol 557, Page 93, Deed Records of Collin County, Texas and being more particularly described as follows: 1 BEGINNING at a point in the Southwest line of said William Sutton survey, and the center of Pleasant Valley Road said point North 44°03' West a distance of 373.51 feet from the most westerly corner of a 10 acres tract conveyed by Carl P. Nall et ux Thomas A. Collins and wife, by Deed dated April 28, 1964; THENCE North 44°03' West with said Southwest line of William Sutton Survey a distance of 223.50 feet to a point for corner in said Pleasant Valley Road; THENCE North 45°57' East a distance of 842.41 feet to a point for corner; THENCE North 86°29'09" East a distance of 344.86 feet to a point for corner; THENCE South 45°57' West a distance of 1,104.12 feet to the place of beginning. A total of 5.035 acres, more or less. BEGINNING at a point in the Southwest line of said William Sutton Survey and the center of Pleasant Valley Road, said point being 385.81 feet S 44°03' E from the most southerly corner of a 19 acre tract conveyed by Carl P. Nall et ux to George W. Pendergrass et al by deed dated March 7, 1962; THENCE N 45°57' E, 451.39 feet to a point for corner in the south line of said George W. Pendergrass tract; _ THENCE N 86°29'09" E along the south line of George W. Pendergrass tract a distance of 514.49 feet to a point for corner; THENCE S 45°57' W, 842.41 feet to a point for corner in the Southwest line of said William Sutton survey and the center of Pleasant Valley Road; THENCE N 44° 03' W along the southwest line of said survey and center of Pleasant Valley Road a distance of 334.39 feet to the place of beginning and containing 4.965 acres of land, more or less. AND BEING all that certain lot, tract, or parcel of land situated in Collin County, Texas being out of the William Sutton Survey Abstract No. 1275, and being a part of a 9.00 acre tract of land conveyed to William B. Johnson, et ux recorded in Volume 710, Page 648 of the Deed Records of Collin County, Texas, and being more particularly described as follows: COMMENCING at a point in the center of Pleasant Valley Road, said point being the West corner of said Johnson 9.00 acre tract, said point also being N 44 03' W 373.51 feet from the most Westerly corner of the Thomas A. Collins 10 acre tract recorded by deed dated April 28, 1964; 2 THENCE N 45°57' E 400.00 feet to the Place of Beginning; THENCE N 45 0 57' E 704.12 feet along fence line to an iron stake for corner; THENCE N 86°29'09" E 354.08 feet along fence line to an iron stake for corner; THENCE N 79°23'36" E 100.45 feet along fence line to an iron stake for corner; THENCE S 22°12' E 55.13 feet along fence line to an iron stake for corner; THENCE S 48°28' W 915.38 feet along fence line to an iron stake for corner; THENCE N 66°25'21" W 320.59 feet to the Place of Beginning and containing 6.00 acres of land. (being the same property as that conveyed to Larry D. Morgan by virtue of deed dated and recorded in Collin County Land records office at Volume Page(s) and Dallas County Deed Records at Volume Page(s) ) herein collectively referred to as the SUBJECT AREA. 2. That before circulation of the Petition for Disannexation this affiant posted a copy of the Petition in thrqe public places in, on and around the subject area, to wit: N e4._ for16i�e,{;. CA POOOLA,LLA 3. This affiant personally caused th 'same to be posted fc a period of ten consecutive days commencing on the day of March, 1994 and ending on the Q.6 day of March, 1994, inclusive. 4. That this affidavit is given pursuant to Section 43.141 of the Texas Local Government Code and may be attached to any Petition filed pursuant to said section in relation to the clisannexation of the subject area. FURTHER AFFIANT SAYETH NOT. D. )aoiOrgan SUBSCRIBED AND SWORN to before me the und- i as:. No . ' .� t'' '' y of March,_1994. / / / y� STEM P.DETER J�� A/r'i'v� • ?= My COMISSION ers Now b _.. (Seal) r ,r .?s May 14,1997 ' 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, DISANNEXING APPROXIMATELY 41 TOTAL ACRES LYING IN COLLIN AND DALLAS COUNTIES AND LOCATED IN THE GUADALUPE DE LOS SANTOS SURVEY, ABSTRACT NO. 1364 (DALLAS COUNTY) AND ABSTRACT NO. 1100 (COLLIN COUNTY) AND ALSO LOCATED IN THE WILLIAM SUTTON SURVEY, ABSTRACT NO. 1275, IN COLLIN COUNTY, TEXAS, GENERALLY LOCATED AT 6210 AND 6304 PLEASANT VALLEY ROAD; AND CONTRACTING THE CORPORATE BOUNDARIES OF THE CITY OF WYLIE ACCORDINGLY, REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on the request of the then owner of the property the City annexed the property hereinafter described on or about the 25th day of March, 1986, by virtue of Ordinance No 86- 29, which was duly passed and adopted on said date; and, WHEREAS, the subject property has remained in the city from and after its annexation thereto, but the City has failed to provide municipal sewer services to the subject property in the eight years following its annexation and such property continues to be without such service as of this date; and, WHEREAS, the owners of the subject property have filed a valid petition with the City Secretary requesting disannexation of the subject property from the City on the basis of the City's having failed to provide the services as aforesaid; and, WHEREAS, whereas all requisites relative to consideration and granting of such request appear to have been complied with by the owners, specifically including without limitation publication of notice of such petition on the subject property and in the official City Newspaper, all as required by Section 43.141 of the Texas Local Government Code (LGC);and, NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That the subject property as described and designated on the detailed description and map attached hereto as Exhibits A and B, respectively, and fully incorporated herein by reference, should be and the same hereby is disannexed from the corporate limits of the City of Wylie, and the City's boundaries are contracted accordingly. SECTION II Should any paragraph, sentence, sub-division, 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 or parts as declared to be invalid, illegal, or unconstitutional. SECTION III 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 IV That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or consistency, the above referenced Ordinance No. 86-29 and the territory annexed thereby shall be unaffected by the provisions hereof except as to the subject property herein described. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 12th day of April, 1994. By John W. Akin Mayor ATTEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney `EXHIBIT A' All that certain lot, tract, or parcel of land lying and being situated in the Dallas and Collin Counties, in the State of Texas, to wit: Being a part of a 83.7 acre tract out of the Guadalupe De Los Santos survey, Abstract No. 1364 in Dallas County and Abstract No. 1100 in Collin County, Texas, conveyed to Beatrice Burch by R.C. Stone and wife, Dora Ann Stone, by deed recorded in Volume 878, Page 463, Collin County and Volume 2175, Page 160 Dallas County Deed Records, said tract more fully described as follows: BEGINNING at the most Northerly corner of the said 83.7 acre tract in the center of Pleasant Valley Road; THENCE S 45°42' W along fence and the Southwest line of the 83.7 acre tract a distance of 945.50 feet to corner, the same being the county line between Collin and Dallas Counties; THENCE S 71°44' E a distance of 1,048.95 feet to corner; THENCE N 45°42' E a distance of 458.16 feet to corner in center of Pleasant Valley Road and NW line of the 83.7 acre tract, the same being also line between Collin and Dallas Counties, Texas and the NW line of said Survey, a distance of 931.00 feet to the PLACE OF THE BEGINNING and containing a total of 15.00 acres of land. AND; Situated in Collin County, Texas and being about 2 miles south of town of Wylie and being out of the William Sutton Survey, Abstract No. 1275 and a part of a 59 acre tract located in Collin and Dallas County, Texas deeded to Carl P.K. Nall and wife, by Elzie A. Smith as recorded in Vol. 5108, page 314, Deed Records, Dallas County, Texas; and recorded in Vol 557, Page 93, Deed Records of Collin County, Texas and being more particularly described as follows: BEGINNING at a point in the Southwest line of said William Sutton survey, and the center of Pleasant Valley Road said point North 44 03' West a distance of 373.51 feet from the most westerly corner of a 10 acres tract conveyed by Carl P. Nall et ux Thomas A. Collins and wife, by Deed dated April 28, 1964; THENCE North 4403' West with said Southwest line of William Sutton Survey a distance of 223.50 feet to a point for corner in said Pleasant Valley Road; THENCE North 45°57' East a distance of 842.41 feet to a point for corner; 1 THENCE North 86°29'09" Fast a distance of 344.86 feet to a point for corner; THENCE South 45 0 57' West a distance of 1,104.12 feet to the place of beginning. A total of 5.035 acres, more or less. BEGINNING at a point in the Southwest line of said William Sutton Survey and the center of Pleasant Valley Road, said point being 385.81 feet S 44 03' E from the most southerly corner of a 19 acre tract conveyed by Carl P. Nall et ux to George W. Pendergrass et al by deed dated March 7, 1962; THENCE N 45°57' E, 451.39 feet to a point for corner in the south line of said George W. Pendergrass tract; THENCE N 86°29'09" E along the south line of George W. Pendergrass tract a distance of 514.49 feet to a point for corner; THENCE S 45 0 57' W, 842.41 feet to a point for corner in the Southwest line of said William Sutton survey and the center of Pleasant Valley Road; THENCE N 440 03' W along the southwest line of said survey and center of Pleasant Valley Road a distance of 334.39 feet to the place of beginning and containing 4.965 acres of land, more or less. AND BEING all that certain lot, tract, or parcel of land situated in Collin County, Texas being out of the William Sutton Survey Abstract No. 1275, and being a part of a 9.00 acre tract of land conveyed to William B. Johnson, et ux recorded in Volume 710, Page 648 of the Deed Records of Collin County, Texas, and being more particularly described as follows: COMMENCING at a point in the center of Pleasant Valley Road, said point being the West corner of said Johnson 9.00 acre tract, said point also being N 44"03' W 373.51 feet from the most Westerly corner of the Thomas A. Collins 10 acre tract recorded by deed dated April 28, 1964; THENCE N 45°57' E 400.00 feet to the Place of Beginning; THENCE N 45 0 57' E 704.12 feet along fence line to an iron stake for corner; THENCE N 86°29'09" E 354.08 feet along fence line to an iron stake for corner; THENCE N 79°23'36" E 100.45 feet along fence line to an iron stake for corner; THENCE S 22 e 12' E 55.13 feet along fence line to an iron stake for corner; 2 THENCE S 48°28' W 915.38 feet along fence line to an iron stake for corner; THENCE N 66°25'21" W 320.59 feet to the Place of Beginning and containing 6.00 acres of land. (being the same property as that conveyed to Larry D. Morgan by virtue of deed dated and recorded in Collin County Land records office at Volume Page(s) and Dallas County Deed Records at Volume Page(s) ) herein collectively referred to as the SUBJECT TRACTS, 3 2 3 4 b z o 3 INDSOgDRj / 5,ANN DR '� Q rKENNEOY Di— / . m I il _ w m "I ,<c I I z DEVONSHIRE GATEWAY BEN i `� " co. ' o WYNOHAI$ CALL*.• ... CT REGRET ON KATHY IN I I W, ,, I NICKELVILLE IN O VICKIIN / _ I 1 I LL; SHEPPARD W BROWN ST RUSTIC IR —I z I • RUSTIC TR I-- — 1-•. 13412 RUSTI S 1! OLD KNOII I DONNA DR j I Li b' g Jff yRONN ST c C.R.IJ� S / E BROWN ST ,� i / �faSON`E o Si ' O �. j I. WINDCO CIR .._._.—:_� C.R.u. 4q I J / o 4? 3 a a' MAWS m ., z:i v E 2. YOflKSHIflECIA m �' 3. PICADILLY CIR 1 f 3 <; OAK z ' ST w. LANW000DR g b'1 1 �� ANDERSOpVILIEIN =aEL1101ST ? o PINFRIOGE ::: "`1 4. PARLIAMENT .r / I R' 3 0 'ASTERS AVE' z' S••. 5. FAIRVIEW CIR �I d A s oBROWNIOWN RD FLEMING Si u + " VIOOOHOUOW Cr PUSHGIEEEK �+ Y. 6. EASTRIDGE CT II ti c' b"' "') r SILVERLEAFC� " lUflERSi �► ODOR <' r 7. EAST OAKST '�_ , I INDUSTRIAL CT LLO AY 11 ,' '{• CEDAR RIDGE Oq y\r b"1 b. SURREY CIR �L.— .- --I <COLLET = FOKWOOOIN 9. CARRIAGE LN_ cWi ¢ DR; , ST h �i F OPTHEATHFRWpp $MIINGW � 0 10. FEATHER CT 10UCNSIpN 1--....... I BUSINESS'a 4 �. '� iz, O •- �' NIILTOPCIR fy0 Wa' 1IAM� @ ' ! �'o'!' 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BANK I o BEAVER t'� Regional l Hospital � MEADOWLARK i I I AD 431 - ' TUDO • �t K petal ELM 1 :I G.R. O ' . • 1 c.R.ael AD ' o� I 801MAN I I 3 / ,,yl` WE S AKEICT SPARROW RD C.R.121 I C / I •G I I I. 021 COLLINCOUNTY r ' 44, �lii j ' '�� I } DALLAS COUNTY .. ' '_ �"...._. ... :.'. • :. _ 6 t T� • '�i y� !ice i 0 ' v Li i f'41.p la �. \ J1 i�� JAMEE LEEk I �.L"'I.. RRETT D ROy / ';AU( \ TRE1411T LN I • I QgYWo°0Do0 IN • >> I 4e • COT10HW0 0 ` I 2 I• .� 1' FOXW00%LN i % �\ CINO � ,f / �,•�'0.94 ��P�� L 1 f 3,. /%01111111 UNRISE O ION g � I +f/ 'P ,rP�� q $ 1. JASON ST\'�� \� • HAM JENO 'h c°� gy 2. KATHRYN ST ARAM qLN ' I °y o `i 3. LIONEL ST "11(iihfAli D1iSACHSE RD °9yl T 1. MADELEINE ST �Npq�9s a S, NICHOLAS ST I IERW00D' 1 `,, ° •9 . ' i, PAT[ R . ? Iil ��wroD 1►i CHANGE ORDER FOR DUAL CONSTRUCTION ISM # 1 1 City of Wylie AGENDA COMMUNICATION - SUBMITTED BY: Community Development DIRECTOR: Russell Wyman DATE REFERENCE NO. SUBJECT 4/7/94 Final payment request for Dual Construction on NTMWD gravity sewer project and the First Street sewer project. SUMMARY OF SUBJECT: Change Order No. 1 for the NTMWD gravity' sewer project and the First Street sewer project. Includes the deletion of the water main portion of the project and the addition of service laterals on the First Street sewer portion. ALTERNATIVES: No alternatives are recommended. • ACTION REQUESTED: Accept request for Change Order No. 1 and execute documents REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL CIOVER/UNDER PROJECTIONS BY: OPERATIONS CI ONE-TIME CI • $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: • SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER • MINUTES LEGAL — REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC X BUILDING OFFICIAL WORKS • APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER CHANGE ORDER No. One (1) PROJECT: Gravity Sewer Main Across NTMWD Plant DATE OF ISSUANCE: March 29, 1994 Site and 8" Sanitary Sewer Main and 8" Water Main Improvements OWNER: City of Wylie OWNER'S Project No. P.O. Box 428 Wylie,Texas 75098 ENGINEER: The Hogan Corporation 12900 Preston Road Suite 620 Dallas,Texas 75230 CONTRACTOR: Dual Construction,Inc. ENGINEER'S Project No. 002-19.42 P.O. Box 867 Texarkana,Texas 75504 Description: ATTACHMENT'A' Purpose of Change Order: Change of Project Scope Attachments:(List documents supporting change) ATTACHMENT'A' CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time S357,429.00 120 days or date Previous Change Order No. * to No. * . Net change from previous Change Orders days Contract Price Prior to this Change Order Contract Time Prior to this Change Order S357,429.00 120 days or date Net Increase(decrease)of this Change Order Net Increase(decrease)of this Change Order S 56,192.00 (decrease) 0 days Contract Price with all approved Change Orders Contract Time with all approved Change Orders S301,237.00 120 days or date RECOMMENDED: APPROVE D• Jr APO"I r) , By: " ` „ By: 01- j4hI/jj lr Gregory Lean,P.E. Steveood, City Manager. ►.niels The Hogan orporation City of Wylie ual Cons. tion, Inc. 3 2� c/�f 7 Date: /3// '`� Date: Date: / / Change Order No. 1 Attachment 'A' - DEDUCTIONS: 8"Water Main in Alanis St. Description Quantity Unit Unit Price Total Price 8" Water Main 2300 LF 19.70 $45,310.00 8" Gate Valve 2 EA 160.00 320.00 Fire Hydrant 4 EA 1,900.00 7,600.00 Stone Embedment 108 CY 22.00 2,376.00 Granular Embedment 110 CY 10.00 1,100.00 6" Gravel Drive 1 LS 800.00 800.00 Asphalt Replacement 1 LS 2,200.00 2,200.00 Connect to Existing System 2 EA 2,300.00 4,600.00 Construction Staking 1 LS 1,800.00 1,800.00 Testing 1 LS 500.00 500.00 TOTAL $66,606.00 ADDITIONS: 8" Sewer Main in Alley Between First St. and Ballard St. Description Quantity Unit Unit Price Total Price 4" Cleanout lateral tees 19 EA 225.00 $4,275.00 4" Service lines (in excess of 18") 260 LF 20.15 5,239.00 Concrete Encasement of Sewer 1 LS 900.00 900.00 TOTAL $10,414.00 NET CHANGE IN CONTRACT PRICE: - $56,192.00 FINAL PAYMENT FOR DUAL CONSTRUCTION ITEM # 11A City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Community Development DIRECTOR: Russell Wyman DATE REFERENCE NO. SUBJECT 4/7/94 I A Final Payment Request for Dual Construction on NTMWD gravity sewer project and First Street sewer project SUMMARY OF SUBJECT: Recommendation for approval of final payment to Dual Construction for the construction of the NTMWD gravity sewer project and the First Street sewer project. Recommend acceptance of project. ALTERNATIVES: No alternatives are recommended. • ACTION REQUESTED: Approve the final pay request. Execute documents and accept completion of project. REVENUE SOURCES: EXPENDITURE ACCOUNTS: NTMWD Gravity Sewer First Street sewer BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ 88,231.35 PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS CI ONE-TIME CI • $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: `" SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES x LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC X BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER THE HOOAN CORPORATION Engineers • Planners • Consultants April 7, 1994 • Honorable Mayor and Council Members City of Wylie 2000 Hwy 78 Wylie, TX 75098 RE: 12" Gravity Sewer Across NTMWD, and First St. Sewer Improvements • Dear Mayor and Council Members: _ On March 30, 1994, the final walk-thru on the above referenced project was performed. Present were: Mr. Jack Jones, City of Wylie Mr. Ray Cory, City of Wylie Mr. Jerry Daniels, Dual Construction Mr. Gregory MacLean, The Hogan Corporation Mr. Dan Neal, NTMWD On the final walk-thru, an observation was made of the visible portion of the project and the project was discussed in general. Items of concern identified by City Staff had already been addressed at the time of the walk-thru. Mr. Neal, with NTMWD, provided a list of additional items that needed to be addressed before final acceptance. During the walk-thru no additional items were identified as needing attention. At this time, all items needing attention have been resolved by the contractor to the satisfaction of City Staff, NTMWD, The Hogan Corporation, and the contractor. Therefore, The Hogan Corporation has no hesitancy in recommending the final acceptance of the project. Should you agree with our recommendation, please authorize the final payment as requested in Progress Estimate No. 3. Please sign all six (6) documents, retain two (2) for your records, forward two (2) to The Hogan Corporation, and foreword two (2) along with final payment to Dual Construction, Inc. • Member,Consulting Engineers Council of Texes 12900 Preston Road et LBJ, Suite 620 Member,American Consulting Engineers Council North Dallas Bank Tower Dallas,Texes 75230 TFL:(2141392.4600 FAX:(214)490-7163 pg. 2 We sincerely appreciate the opportunity to perform these services for you. Please contact this office should you have any questions or require additional information. Sincerely, The Hogan Cor oration Grego S. MacLean, P.E. Project Manager DUAL CONSTRUCTION, INC. P.O. BOX 867 TEXARKANA,TEXAS-ARKANSAS 75534 .f PHCNE 903-7°2-1130 b FAX 903.792-4359 4� PROGRESS ESTIMATE PREPARED BY HOGAN CONSULTANTS, INC. EST. NO. 3 & FINAL OILER: CITY OF WYLIE, TEXAS NOTICE TO PROCEED: 10-11-93 SHEET: 1 OF 2 PROJECT: 6RAITY, SEWER, & WATER MAINS CCNTROCTION TIME. 120 DAYS DATE: 4-5-94 . .. ALL01tED 120 FROM: 1-31-94 CONTRACTOR DUAL CONSTRUCTION, INC: USED: 120 TO: 3-31-94 ADDRESS: P.R. BOX 867 REMAININ 0 TEXARKANA, TEXAS 75504 PAYMENTS PREVIOUSL AUTHORIZED_ EST. AMOUNT OF CONTRACT AWARDED: 5357,429.00 #1 $84702.70 CHANGE ORDERS: #2 $134278.70 11 $56,192,00 (DECREASE) #3 #2 $4 #3 #5 #4 #6 #5 $7 #5 #8 TOTAL t iA .ORDERS: $56,192.40 . #9 TOTAL. ADJUSTED CONTRACT: $301,237.00 TOTAL PAYMENTS-PREV. . AUTHORIZED: $218,971.40 t+Hi+H***44+*****4414444****11-1-144******441-144-14*4444.14144-14114444444-11414-14.444-1114**-H-Hiftlifi444-Hirff PROJECT CONTRACT. .TOTAL '„ COMPLETED.AM +TT COMPLETED AMOUNT THIS THIS TO TO ITEM DESCRIPTION EST OTY.UNIT PRICE CONTRACT PERIOD PERIOD - DATE DATE f***fii E**4****F1f-*16**I I I i s li-3fi**+*+fL1-H-*-4*i*fi-i1)*4-****** 1<***f-****#*i- {***1i*4I-#;-F1F i*{**-ki4 1 12 INCH PVC OPEN CUT LF 2100 $56.00 $117600.00 635• $35560.00 2076 $116256.00 2 12 INCH PVC LF- 315 $305.00 $96075.00 0 $0.00 339 $103395.00 3 4 FOOT DROP M/HQLES 4A ' 2 $3000.00 $6000.00 2 t6000.00 2 $6000.00 4 4 FOOT STD MFHCLE FRAMES EA 6 $2000.00 $12480.00 .3 $6240.00 6 $12480.00 5 4 FOOT M/Hi]1 EA. 1 $2200,00 $2200.00 1. $2200.00 .1 $2200.00 6 TRENCH SAFETY LF 2415 $2.00 $4830.00 635 $1270.00 2415 $4830.00 7 EMBEDMENT CY- 319 $22,00 $7018.00 96 ' 52112.00 319 $7018.00 S REPAIR M/HOLES .EA. 1 1,500.00 $500.00 I $500.00 - 1 $500.00 9 CONNECT M/HOLES EA 2 ' $330..00 $660.00 2 $660.00 2 $660.00 10 STAKIP LS . 1 $2400.00 $2400.00 0 $0.00 1 $2400,00 11 ASPHALT REPAIRS SY . 450 $22.00 . $9500.00 450 $9900.00 450 $9900.00 12 TESTING LS I $550,00 $550.00 I $550.00 1 $550.00 TOTAL PACKAGE A $260213.00 564992.00 $266189.00 • PACKAGE B 1 8 INCH PVC OPEN CUT LF 1180 $18.00 $21240.00 0 $0.00 1180 $21240.00 2 4 FOOT PJHOLE FRAME EA 2 $1500.00 $3000.00 0 $0.00 2 $3000.00 3 MOMENT CY 112 $20.00 $2240.00 0 $0.00 112 $2240.00 4 CONNECT WHOLE EA 1 $330.00 $330.00 0 $0.00 1 $330.00 5 STAKING LS 1 $2200.00 $2200.00 0 $0.00 1 $2200.00 6 BARB WIRE FENCE LF 100 $8,00 $800.00 100 $800.00 100 $9900.00 7 STD CLEANOUT EA 1 $300.00 $300.00 0 $0.00 1 $300.00 8 TESTING LS. 1 $500.00 $500.00 1 $500.00 1 1500.00 TOTAL PACKAGE B SEWER $30610.00 $1300.00 $30610.00 1 8 INCH DI OPEN CUT LF 2300 $19,70 $45310.00 0 $0.00 $0.00 2 8 INCH GATE VALVE EA 2 $160.00 $320.00 0 $0.00 $0.00 3 FIRE HYD. EA 4 $1900,00 $7600.00 0 $0.00 $0.00 4 STONE EMBEDMENT CY 108 $22.00 $2376.00 0 $0.00 $0.00 5 GRANULAR EMBEDMENT CY 110 $10.00 $1100.00 .0 ' $0.00 $0.00 6 6 INCH GRAVEL DRIVE LS 1 $800.00 $800.00 0 $0.00 $0.00 7 ASPAHLT REPLACE LS 1 $2200.00 $2200.00 0 $0.00 $0.00 1- 8 CONNECT WATER MAIN EA 2 $2300.00 $4600.00 0 . $0.00 $0.00 9 STAKING . LS 1 $1800.00 $1800.00 0 $0.00 30,00 10 TESTING i5 , : 1 .$500.00. $500.00 0 $0.00 $0.00 TOTAL PACKAGE B WATER (DELETED) $66606.00 $0.00 $0.00a TOTAL CONTRACT 4357429.00 CHANGE ORDER NO. 1 1 4 IN CLEAR OUT 1t.Eb EA 19 $225..00 . . $4275.00 19 $4275.00 19 $4275.00 2 4 IN SERVICE IN EXCESS LF . 260 • $20.15 $5239.00 : 260 $52.39.00 260 $5239.00 . 3 CONCRETE ENCASE SEWER LS • 1 $900.00 $900.00 . 1 $900.00 1 $900.00 TOTAL CHANGE ORDER NO. 1 $10414.00 $10414.00 $10414.00 REVISED CONTRACT TOTAL $301237.00 WORK PERFORMED $76706.00 $307213.00 MATERIALS ON HAND $0.00 $0.00 TOTAL WORK PLUS MATERIALS $76706.00 $307213.00 µ PLUS RETAINAGE HELD $11525.35 $0.00 NET TOTAL: $88231.35 $307213.00 LESS PWVIOU.S PAYMENTS $218981.65 AMOUNT PAYABLE THIS ESTI- RITE $88231.35 *#4I-4#4-lt3 ilri44fF }******}***44****4*uJ IIUI44-*H-fl14-14*fjrix-ci-Lf i i#11-F 4-;IIIIIIIx****+*t+*ifH REVIEWED BY: HOGAN CONSULTANTS, INC. BY:6� DATE 7 "/ APPROVED BY OWNER: .. BY: _ DATE 7) t 7 ?'1' --v (--(-_-) TOTAL P. 02 AWARD CONTRCT FOR SEWER LINE ITEM # 12 • City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Community Development DIRECTOR: Russell Wyman DATE REFERENCE NO. SUBJECT 4/7/94 I Z Holland Hitch and First Street Sewer Line Improvements tSUMMARY OF SUBJECT: Recommendation fj rr award of contract for construction of Holland Hitch sewer and First Street 56" main improvements project. Sealed bids were received on Friday, April 8, 1994. .1 ALTERNATIVES: No alternatives are recommended. I I I,.. IACTION REQUESTED: Accept bid proposal of successful bidder and authorize the Hogan Corporation to proceed with the preparation of contract documents for execution. I REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS El ONE-TIME ❑ • $ CAPITAL Cl RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER • MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF • CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC X BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER MASTER PLAN FOR OLDE CITY PARK ITEM # 13 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Parks and Recreation Dept. DIRECTOR: Bill Nelson • DATE REFERENCE NO. SUBJECT 4/12/94 Olde City Park Master Plan !3 SUMMARY OF SUBJECT: The Parks and Recreation Board has approved the Master Plan and we are recommending that the City Council approve the Master Plan for Olde City Park. As part of this approved plan, it is understood that if a caboose cannot be obtained, a substituted item may be installed. (Ex.: farm equipment that reflects Wylie's farming history/heritage) ALTERNATIVES: 1 :) Approve Master Plan as recommended. 2.) Modify Master Plan as recommended. 3.) Deny Master Plan as recommended. • ACTION REQUESTED: 1 .) Approve Master Plan as recommended. REVENUE SOURCES: EXPENDITURE ACCOUNTS: - BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL ElOVER/UNDER PROJECTIONS BY: OPERATIONS El ONE-TIME El • $ CAPITAL ❑ RECURRING El OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS ' APPROVED FOR SUBMISSION TO CITY COUNCIL CITY ANAGER VI414; CITY OP' WYLIE! 2000 HWY. 78N. -P.O. BOX 428 WYLIE, TEXAS 75098 (214)442-2236 • FAX 442-4302 Parks & Recreation Members Bill Nelson ' / Okie City Park; Park Priorities/Master plan In as that the plan for Olde City Park has not been formally approved we will need to discuss and consider this item. Pertaining to this plan is the possibility of purchasing an adjacent I - 2 lots for enlarging the size of Olde City Park. The estimated costs would be $30,000.00 (I lot) to $60,(XX).(X) (2 lots). (see enclosed plan). Another item we have touched on but need to expand on is that of Park Priorities/Master I'Ian. We need to come up with at least a general list of priorities as to near and long term projects/goals. Please find the enclosed Comprehensive Plan Study pertaining to Parks & • Recreation that has been done for the City of Wylie. If you have any questions/comments, please contact me at 442-4700 (work) or 442-4245 (home) preferably before Monday's meeting. Tax REFUND ITEM # 14 City of Wylie AGENDA COMMUNICATION FINANCE DEPARTMENT BRADY SNELLGROVE SUBMITTED BY: DIRECTOR: DATE REFERENCE NO. SUBJECT 04/05/94 14 Tax Refund-Overpayment of Taxes SUMMARY OF SUBJECT: Section 31.11 of the State Property Tax Code requires refunds in excess of $500.00 to be approved by the governing body. Commonwealth Title paid the taxes on R2273-015-0090-1 for Michael and Kay Batten. He was refinancing his home. Banc Plus Mortgage also sent in money for Michael Batten within check #450455 for $15,978.09 (This is the old mortgage company). The taxpayer, Michael Batten, has requested the refund of $543.44 since Banc Plus Mortgage no longer holds the mortgage on his property. ` I ALTERNATIVES: • 1) Refund the overpayment. 2) Table the request. 3) Ask staff for additional research into this item. • • ACTION REQUESTED: Refund overpayment of$543.44 to Michael & Kay Batten. REVENUE SOURCES: EXPENDITURE ACCOUNTS: ` BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS 0 . ,. . ONE-TIME ❑ $ — CAPITAL ❑ RECURRING 0 OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES — . LETTER C.I.P. ORDINANCE/RESOLUTION ✓ OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. II; ETAR .. ✓ DIRECTOR OF FINANCE DIR. OF PLANNING/ENG: LICIBRARYSECR DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. BUILDING OFFICIAL FIRE CHIEF DIRECTOR OF PUBLIC WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL -------- 1; 0,7' CITY MANAGER • TAX STATEMENT/RECEIPT FORM BECOMES RECEIPT WHEN VALIDATED'' RETURN ALL COPIES WITH REMITTANCE FOR PROPER CREDIT (J 10.- ,. 100%RATIO TAXES ARE DUE OCT. 1st AND BECOME DELINQUENT FEB 1St G yT,_;gyp 9 r.: 1993 STMT./RECEIPT NO93014365 MKT-PROD.-LAND TAX CEILING OVER 65 MORT.CO. 10 CITY OF WYLIE LAND PRODUCTIVITY I LAND-OTHER R1-2273-0:L 5•-0090-1. n City of Wylie 16.,000 HOMESITE LAND NEWF'ORT HARBOR t41 , BLOCK 1.5., P.O. BOX 428 69, 5811 HOMESITE IMPR LOT 9 Wylie, Texas 75098 IMPR-OTHER OTHER PJ5 5811 TOTAL-ASSESSED , TAXING UNIT EXEMPTIONS(SEE REVERSE SIDE FOR CODES) TAXABLE TAX RATE ORIGINAL TAX CITY OF WYLIE 85,581 .63500 543.4 • �a TAMES,RE i LESS I-)O�SCOUNT OR PWS I+) TOTAL TAXES DUE PAID�N PENALTY INTEREST I 1278:118 �C -uTan �l�a 7i BATTEN MICHAEL E & KAY D eb +-07% 38.04 581. .4 151.0 SCHOONER BAY DR a r +09% 48.91 592.3 WYLIE TX 75098 pr -11% 59.78 603.2 ay +13% 70.65 614..0 L : I un :1.5": 81 . 52 624.9 ' ��' 1 � � : , ,, i w u:I. •-:33••. :L94.01. 737..4 Lt j t 7 T Aug +34% 200.25 743.6 • Se 35'. 206.51 749.9 IvMC=.T: ,=,GE CC'. GOrY FORM BECOMES RECEIPT WHEN VALIDATED ,.ft RETURN ALL COPIES WITH REMITTANCE FOR PROPER CREDIT 100°,RATIO TAXES ARE DUE OCT 1st AND BECOME DELINQUENT FEB 1st SEMI RECEIPT NO MKT—PROD. LAND TAX CEILING OVER 65 LAND PRODUCTIVITY ; MOAT.CO LAND—OTHER I- i HOMESITE LAND r - I-. I ;I CI:., 1 HOMESITE IMPR 567 8 9 7 , i IMPR—OTHER OTHER 3A O 11 , TAL—ASSESSED I TAXING UNIT E N!G IOSEE REVERSE SI R / CODES) TAXABLE I TAX RATE ORIGINAL TAX O`�0SS0 V p't " P o PDSI, r�� X SHAE S, ,DSCOONI OR S \Z Pc NA}Y INTEREST l TOTAL TAXES DUE i /O / n L /,2�d/f 3 ;:r t ri .1 ,, -__ c� ,.. . rl • c.�rl�'}4.F- ,1 �r..i a Chi)° DATE DESCRIPTION AMOUNT C a R-aaT-43 -015— crci 0-1 ,Z3456788Fol. -- _ - - f tn Q451.1. 1� "" �7 — -re „etvo- �'tzztz w COMMONWEALTH LAND TITLE INSURANCE COMPANY DETACH AND RETAIN THIS STATEMENT THE ATTACHED CHECK IS PAYMENT OF ITEMS f FS!RIRED BELOW. Commonwealth Land Title Company of Dallas IF NOT CORRECT PI EASE NOTIFY US PROMPTLY NO RECEIPT DESIRED. TX B 568 WYLIE CITY OF DALLAS/FT WORTH DIVISION P 0 BOX 428 TRANSAM::RICA REAL ESTATE TAX SERVICE 12/10/93 PAGE 1 WYLIE TX 75098 CV-95 TAXER PAY LISTING INSTALLMENT 1 OF 1 1993 LENDER/PARCEL SEQUENCE PARCEL NUMBER BILL # LENDER/BR LOAN ID CONTRACT M INSTALLMENT AMT R115900501001 8384 000 10597476 760 0228418 001 321 . 16 R116200002301 8384 000 10818772 760 0339982 001 256.43 R117900100201 8384 000 10601278 760 0245645 001 423 .89 R117900200301 8384 000 10479263 764 0006150 001 446.63 R117900201001 8384 000 10479950 760 0232108 001 430.86 R118100001201 8384 000 10479924 764 0018529 001 591 .60 R118605102501 8384 000 10479667 764 0010229 001 577. 19 R127500101081 S 8384 000 10479889 764 0018517 002 209.36 R127500101001 S 8384 000 10479889 764 0018517 001 186.96 R128200100901 A 8384 000 10466949 764 0003940 001 566.72 R128200201001 �� 4,C) J 8384 000 10479894 764 0017031 001 345.48 R128900201201 q 1'b 8384 000 10597446 760 0218610 001 r 481 . 16 R129200202701 4- 1 8384 000 10466257 760 0316503 001 486.68 R129200302101 S1 8384 000 10818316 764 0033146 001 557.66 R132000202001 8384 000 10735232 760 0115780 001 365.48 R132200100801 8384 000 10479142 764 0005445 001 376.32 R150200501201 8384 000 10479983 764 0019005 001 443.00 i150200802001 8384 000 10738581 760 0169527 001 377.83 R150400600601 8384 000 10479249 764 0006340 001 473.60 R187800504901 8384 000 10466877 764 0003258 001 518.09 R190100501801 8384 000 10479819 764 0014469 001 536.01 R190100600301 8384 000 10818291 764 0031399 001 525.35 R190100701101 8384 000 10810402 764 0020701 001 581 .57 R205200F01001 8384 000 10818166 764 0023093 001 777.28 R210000500101 8384 000 10479121 764 0004629 001 500.11 R213000901081 8384 000 10818266 764 0031398 001 12.70 R213001200801 8384 000 10479221 764 0005971 001 303.73 R215101401201 8384 000 10818112 764 0024274 001 561 .39 R227301400801 8384 000 10466217 760 0317444 001 549.11 R227301500301 8384 000 10713832 760 0281992 001 551 .68 R227301500401 8384 000 10812366 760 0297547 001 603.33 R227301500501 8384 000 10416810 760 0294050 001 533.38 R227301500901 8384 000 10717487 760 0293127 001 543.44 R227301501201 8384 000 10818337 760 0289006 001 449.09 R227301501301 8384 000 10416795 760 0295464 001 513.82 LENDER TOTAL 35 15,978.09 Tax REFUND ITEM # 15 City of Wylie AGENDA COMMUNICATION • FINANCE DEPARTMENT BRADY SNELLGROVE SUBMITTED BY: DIRECTOR: DATE REFERENCE NO. SUBJECT 04/05/94 �} Tax Refund-Overpayment of Taxes SUMMARY OF SUBJECT: — Section 31.11 of the State Property Tax Code requires refunds in excess of $500.00 to be approved by the governing body. Republic Title of Texas paid the taxes on R2273-014-0230-1 for James Scott Arnold on December 17, 1993. Fleet Mortgage also paid taxes for James Arnold on December 31, 1993 with check number 118255 for $21,551.86. This overpayment of taxes should be refunded to Fleet Mortgage Company. • • ALTERNATIVES: 1) Refund the overpayment. 2) Table the request. 3) Ask staff for additional research into this item. ACTION REQUESTED: Refund overpayment of $554.41 to Fleet Mortgage Company. REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ' ESTIMATED EXPENDITURE: S • PERSONNEL 0OVER/UNDER PROJECTIONS BY'.' • OPERATIONS ONE-TIME. 0 . . . - . S . , • CAPITAL 0 RECURRING 0 OTHER COMMENTS: USER DEPARTMENT COMMENTS: • SUPPORTING DOCUMENTS: f . ,_- BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION ✓ OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY - DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. - FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER • • TAX STATEMENT/RECEIPT FORM BECOMES RECEIPT WHEN VALIDATED RETURN ALL COPIES WITH REMITTANCE FOR PROPER CREDIT 100%RATIO TAXES ARE DUE OCT. 1st AND BECOME DELINQUENT FEB 1st 9304-ni;: 5 STMT NO% ( �'�-"T- MKT-PROD.-LAND TAX CEILING OVER 65 MORT.CO. l80 ;5.� � .- CITY OF WY LIE i LAND PRODUCTIVITY LAND-OTHER ;-2273-014-•O2. 0•-':1. City of Wylie 16.,000!HOMESITE LAND "4E/'�WF'OFtT HARBOR #41 ., .1.:(I...00K 1' „ q" - 71 y 308 HOMESITE IMPR -.OT 23 Wv l i c-., Texas 75098 IMPR-OTHER OTHER 87,300 TOTAL-ASSESSED TAXING UNIT EXEMPTIONS(SEE REVERSE SIDE FOR CODES) TAXABLE TAX RATE ORIGINAL TAX pi TAXES AFE LESS(-I DIScAUNT OA PLUS 1+1 TOTAL TAXES DUE PAI M �ENAITV IMTEPES( F-1261.655 rick— an 1.4 ARNOLD JAMES SCOTT Feb -077 38.81 593.2: 1522 ANCHORX U�, 75098 I�lpr 11% -60.99 605.4i 3: WY1_.IE TX May 13'; 72.07 626.4 Tian 15"„ 83.. 16 E37.5: • •33% :1.97..92. 75:•_`.,3 Loan no 196888-7 Aug 34% 204.30 758.7 Sep 35% 210.67 765.0! j / / / 1 Custodial Disbursement Acco_ u Fleet Mortgage Corp. FMC^A^ccouunt No. 01 ...LLL FIRSTAR BANK MILWAUKEE,N.A. 1 18255 '.O. BOX 800 MILWAUKEE,WISCONSIN 53201 MILWAUKEE,WISCONSIN 111 12/31 1 g 93 0750 00( ' PAY 1I . LJ I 1,1 I I 1_ ,:,1 I1:. ,.Ii,. ' ,..1 DOLLARS PAY THIS AMOUN TO THE ORDER OF Wylie City Tax Collector $ 21,551.86 PO BOX 42$ VOID IF NOT CA" ED WITHIN AYS Wylie TX 75098 H•-ZED SIGNATURE 1I' LLa25511' 1:0 7 50000 2 21: 111150Liu142211' PLEASE DETACH BEFORE DEPOSITING 118255 N--- ACCOUNT NO. NAME AND DESCRIPTION AMOUNT CODE 050 partial replacement ck# 542315/810855 21,551.86 91 dated 12/10/93 $21,641.86 1993 full year tax payments 5621:LK:KO:SH FLEET MORTGAGE CORP. CHECK 8041-6(REV.1/93) P.O. BOX 800 AMOUNT , 21,551.86 111501.422 MILWAUKEE,WISCONSIN 53201 FORM BECOMES RECEIPT WHEN VALIDATED 0RETURN ALL COPIES WITH REMITTANCE FOR PROPER CREDIT 100%RATIO TAXES ARE DUE OCT. 1st AND BECOME DELINQUENT FEB 1st STMT/RECEIPT NO ' .:‘( MKT-PROD.-LAND I TAX CEILING OVER 65 MORT.CO '' CITY (.1 V I L .''E LAND PRODUCTIVITY LAND-OTHER 7 _ .. i i O- :` C.i. r...' 12. I.E - P.D. .. I.. r t, _r 0C ,HOMESITE LAND •4�t F C.r' 1 Fii',:'.r..I-I i �F y i L..L)L:I‹ ill., ' ' 1 El HOMESITE IMPR ! 1�I:v`Si.i'.: I. F.'X.l'.'n /a<Y S'} .. 3 - IMPR-OTHER OTHER �8!92 r 1'� O�j ~•4•�<�.'TOTAL-ASSESSED TAXING UNIT OPTIONS(SEE R SIDE FOR CODES ORIGINAL TAX - 1 TAXABLE TAX RATE .{i. I i t \ Li L. N J r•-. , f N N GI '`os ... s.7.R S z atT U - TOTAL THE§' IDUF, L w SSr tr a�: ClT 9 ‘ DTI „ 1 _ 1 ri' I I ��. .. {,^Z lJ .. 3 DCc(7i-irr -••i.1 . 0. .-:.' ' 615..4r• 07 L I�i1 .7 CO It.I•r, .:., 1 <, 6 > Y, 1 1.`"�._, (7 ', r, • ,t"• N lr.. ; 1 i ,.6- !:!. 1 -- . . : " .. 93R"0842 IN; 15.2E ANCHOR DRIVE CHECK # : 20017 23/14 NEWPORT HARBOR #1 WYLIE DATE: Dec 10, 1993 SELLER: - JAMES SCOTT ARNOLD PURCHASER: JOHN DAVID WEATHERLY AND SALLY RUTH WEATHERLY PAYEE: WYLIE CITY TAX COLLECTOR AMOUNT: 554. 41 YOUR INVOICE/LOAN NO. /TAX ACCOUNT NO. R227301402301 3020017 REPUBLIC TITLE OF TEXAS,INC. FEE $ 37 . 71 * * ** " " TAX CERTIFICATE *** ** * PAGE 1 OF 2 TRW REDI PROPERTY DATA 690 E . LAMAR BLVD . - SUITE 130 ARLINGTON , TEXAS 76011 ( 817 ) 261- 8190 FAX( 817 ) 265- 6387 TRC GUST REPUBLIC- TITLE OF TEXAS . INC BRANCH IN INDEPENDENCE GF# 93R08421 CLOSER 2 ORDER TYPE T SUBTYPE R DATE 11/10/93 CAD# R-2273-014-0230- 1 SWY CWY GCN DESC NEWPORT HARBOR #1 , BLOCK 14 , LOT 23 SITUS 1522 ANCHOR DR CWY - MAIL 1522 ANCHOR DR WYLIE TX 07509-8000 ASSESSED OWNER ( S ) 1993 ASSESSED VALUES ARNOLD JAMES SCOTT LAND 16 ,000 IMPROVEMENT 71 , 308 TOTAL VALUE 87 , 308 TAX ENTITY INFORMATION COLLIN COUNTY 194 / -1)Cz PAYMENTS AS OF 11/03/93 - 210 S . MCDONALD MCKINNEY , TX 75069 1993 TAX RATE 0 . 3585500 PHONE 214-424- 1460 W/0/E 313 . 04 YEAR 93 XEMPTIONS : NONE TAX 313 . 04 DUE 313 . 04 PAYOFF 313 . 04 11/93 313 . 04 1Z/93 - CITY OF WYLIE PAYMENTS AS OF 10/17/93 P . 0 . BOX 428 WYLIE , TX 75098 1993 TAX RATE 0 . 6350000 PHONE 214-442-2236 )P' W/O/E 554 . 41 - YEAR 93 / XEMPTIONS : NONE TAX 554 . 41 DUE ,554 . 41 PAYOFF 554 . 41 11/93 554 . 41 12/93 ISD - WYLIE PAYMENTS AS OF 11/03/93 P . 0 . BOX 490 WYLIE , TX 75098IPP ild)----- 1993 TAX RATE 1 . 5500000 "" PHONE 214-442- 7008 W/O/E 1 , 353 . 27 YEAR 93 EXEMPTIONS : HOMESTEAD TAX 1 ,275 . 77 DUE 1 ,275 . 77 PAYOFF 1 ,275 . 77 11/93 1 ,275 . 77 12/93 SUMMARY OF CURRENT YEAR * SUMMARY OF TAXES DUE TAX YEAR BASE TAX * PAYOFF 11/93 PAYOFF 12/93 COLLIN COUNTY 1993 313 . 04 * 313 . 04 313 . 04 " CITY OF WYLIE 1993 554 . 41 * 554 . 41 554 . 41 ISD - WYLIE 1993 1 ,275 . 77 * 1 ,275 . 77 1 ,275 . 77 TOTAL TAX 2 , 143 . 22 * 2 , 143 . 22 2 , 143 . 22