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07-12-1994 (City Council) Agenda Packet WY LIE AGENDA j /fi N(( L JULY 12, 1994 7:00 P.M. MUNICIPAL COMPLEX CALL TO ORDER INVOCATION - Dave Eden, True-Vine Fellowship PLEDGE OF ALLEGIANCE CONSENT AGENDA 1 . Consider Approval of the Minutes of June 28, 1994 PUBLIC HEARINGS 2. Hold Public Hearing and Consider Approval of an Ordinance Changing the Zoning at 2601 South Hwy 78 from MF Multifamily to I Industrial 3. Hold Public Hearing and Consider Approval of a Replat of 10.2 Acres at 1355 FM-1378 4. Discuss and Consider Approval of a Preliminary Plat for the Nance Addition Located on Stone Road East of Quail Creek Blvd 5. Hold Public Hearing Regarding Proposed Annexation of 17 Tracts of Land Surrounded by the City of Wylie but not Located within City Limits ACTION ITEMS 6. Discuss and Consider Approval of an Ordinance Adopting a Maintenance Agreement with the Texas Department of Transportation 7. Discuss and Consider Award of Bid as Provided by Grant for Demolition/Removal of Mobile Home at Glenn Knoll 8. Discuss and Consider Approval of an Ordinance Adopting a Contract with Collin County for Tax Collection STAFF REPORTS CITIZEN PARTICIPATION WORKSESSION ITEMS 1 . Discuss Bylaws for Parks and Recreation Development Corporation ADJOURNMENT Posted this the 8th day of July, 1994 at 5:00 p.m. Mary ichols, City Secretary City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Russell Wyman DIRECTOR: Community Development DATE REFERENCE NO. SUBJECT 7/7/94 Zone change from Troy Miller pt 2601 S. Hwy. 78 from "MF to "I" SUMMARY OF SUBJECT: Discuss and consider approval of a request from Troy Miller for a zone change at 2601 S. Hwy. 78 from "MF" to "I" ALTERNATIVES: 1. Approve Zone Change 2. Deny Zone Change ACTION REQUESTED: Approve Zone change to Industrial Use REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: PERSQNNEL ❑ 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 .x BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY ANAGER MINUTES The Planning and Zoning Commission met in a Regular Business Meeting on July 5, 1994, at 6:30 p.m. in the Council Chambers of the Wylie Municipal Complex, located at 2000 Hwy. 78 North, Wylie, Texas 75098. A quorum was present and a notice was posted in the time and manner required by law. New Commission member Cecilia Wood was sworn in prior to this meeting. COMMISSION MEMBERS PRESENT: Chairman,Bart Peddicord;Vice Chairman, Cecilia Wood, Stuart Allison and John Crowe. ABSENT: Mike Hawkins, unexcused and Rich Eckman, excused. STAFF MEMBERS PRESENT: Building Official, Russell Wyman and Secretary, Kirsten Fresh. ACTION ITEMS ITEM NO. 1: Consider approval of the Minutes from June 20, 1994 Regular Business Meeting. A motion was made by Stuart Allison and seconded by John Crowe to approve the Minutes as submitted. Motion carried, all in favor(4 votes). ITEM NO. 2: Administer Oath of Office to new commission members. Cecilia Wood was sworn in prior to this meeting. PUBLIC HEARING ITEM NO. 3: Discuss and consider recommendation of a request from Richard Nance to plat 44 acres north of Stone Rd.,west of W.A. Allen, and east of Quail Creek Blvd. into sixty(60)lots. Russell Wyman advised the Board that Richard Nance would incorporate his own deed restrictions that would be more restrictive than the current zoning of SF-3. Richard Nance explained his deed restrictions,including one that would be a minimum of 2500 sqft. home on the two (2) acre lots. A question was asked about any lots being in the flood plane. Greg MacLean, the contracted Engineer from The Hogan Corporation, advised the Board that some of the land may fall in the flood plane but all building spaces are out of the flood plane. Another question the Board asked was if all easements had been obtained for the widening of W.A. Allen. Mr. MacLean explained that the proposed plat that they had a copy of did include a dedicated right-of-way for the widening of W.A. Allen. A motion was made by John Crowe and seconded by Stuart Allison to recommend to the City Council the request for plat of 44 acres north of Stone Rd., west of W.A. Allen, and east of Quail Creek Blvd. into sixty(60)lots. Motion passed, all in favor(4 votes). ITEM NO. 4: Discuss and consider recommendation of a request from Troy Miller for a zone change at 2601 S. Hwy 78 from"MF"to "I". Troy Miller, owner of Lone Star Auto Parts located at 2601 S. Hwy 78, spoke in favor of the zone change. He explained that with the widening of Hwy 78 half of his building would be taken out and he would not be able to rebuild his business with the current zoning of"MF". A motion was made by Stuart Allison and seconded by John Crowe to recommend to the City Council the request from Troy Miller for a zone change at 2601 S. Hwy 78 from "MF" to "I". Motion passed, all in favor(4 votes). • p. 2 ITEM NO.5: Discuss and consider recommendation of a request from Unity Partners(Don Kreymer)for a Replat of Lot 1 of the McMillen Farms Addition(10.2 acres) into nine(9) lots. The Board asked if easements had been obtained for the widening of FM 1378 and McMillen Rd. Russell Wyman explained that FM 1378 is a State maintained road and they would be responsible for obtaining right-of-way and that McMillen Rd. is County maintained and they would be responsible for obtaining their right-of-way. The Board asked about utilities being brought out. Mr.Wyman advised that Unity Partners needs to obtain an easement from the Jordan's, owners of lot 7 of McMillen Farms Addition,to bring the sewer line across to these lots. A motion was made by John Crowe and seconded by Cecilia Wood to recommend to City Council the request to replat Lot 1 of McMillen Farms Addition subject to the final plat. Motion passed, three(3) in favor and one(1) abstaining vote(Stuart Allison). ADJOURN: A motion was made by John Crowe and seconded by Cecilia Wood to adjourn. Motion carried, all in favor(4 votes). Chairman Peddicord adjourned the meeting. Respectfully Submitted: Bart Peddicord, Chairman Kirsten Fresh, Secretary • PUBLIC HEARING NOTICE The Planning and Zoning Commission will hold a Public Hearing on Tuesday, July 5, 1994 at 6:30 p.m. and the City Council will hold a public hearing on Tuesday, July 12, 1994 at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider approvall of a request from Troy Miller ( Lone Star Foreign Auto Parts) for a zone change at '2601 S. HWY. 78 from "MF" (Multi-Family) to "I" (Industrial) and further described as follows : Abstract No. 660, Tract 12 of the Richard D. Newman Survey As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below: RE: PZ/CC - T. Miller Return this form to: Russell Wyman, Building Official P.O.Box 428 Wylie, Texas 75098 ( ] I am in favor of the request for the reasons listed below ( ] I am opposed to the request for the reasons listed below 1. 2. 3. Signature Printed Name, Address 50. 0 Ac. , //jam/ A i/ .• ' John Z �� ; `c'>; ' Robert B. �� ` I A. L. Robinson Joslyn 10.5 Ac. Donald fit. _ /i i � Kreymer i 1erry 7.22 Ac. / • ct cl 1 00 I ildwell ` 1 MAx ? La1 . wftt ( 42 Ac. RO6CIt' J �• Independent Bonk " of Wylie t ',arm NRrr,I F a' ••I© 12.52 Ac. �� ►ircllCi.t 2�``{ • • J ' Z !.6! ►CMrCIND, ; ' : J iE11 / ICON 6\M 10�r 1O.Rl 1C _ • T11ON !O ( •. w.w / Ac AC l II ,, N MLLE* 3 0 SC lit AI . 6 S • , :-.P. n� w c " •601 011 N. )♦1 • �'t �'•� V9! AC _� 14 i•1.r1.1 1 \l KM?TER 1 I a am?trn 1 63 q aC ) 1'..---'''' In n� fir �-1 1. k—__.__ , _ vi f zi51 1 ..V___,/. ,_ % ) (_.--......... a" Road C.R. 72j , . . . CItY LIMITS c_..1._._' ( lAS 11. V S..(•Pro /-* 90( cl;,-5(..1.- 5/P 1q4 Page 1 of 2 (5/93) iCk CITY OF WYLIE P.O. BOX 428 Wylie, TX 75098 APPLICATION FOR ZONING CHANGE Case No. Filing Fee ,- -- Date Applicant TROY MILLER Phone No. Mailing Address: Work No. 2926 APPLE VALLEY GARLAND, TX. 75043 • LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional space is needed for description, the description may be put on a separate sheet and attached hereto.)1 SEE ATTACHED I hereby request that the above described property be changed from its present zoning Which is MULTI FAMLY District Classification to INDUSTRIAL District Classificationforthe following reasons: (attach separate sheet if necessary) + SEE ATTACHED There (are) (are not) deed restrictions pertaining to the intended use of the property. 2 Status of Applicant Owner X Tenant Prospective Purchaser • I have attached hereto as Exhibit "A" a plat showing the property which is the subject of this requested zoning change and have read the following concerning the importance of my submitting to the City a sufficient legal description. f Signed . l Page 2 of 2 Note: 1 The legal description is used to publish notice of the required hearing and in the preparation of the final ordinance granting the zoning change. The description must be sufficient so as to allow a qualified surveyor to take the description and locate and mark off the tract on the ground. Each applicant should protect himself by having a surveyor or his attorney approve his legal description. Failure to do so by the applicant may result in delay in passage of the final ordinance or the ordinance being declared invalid at some later date because of an insufficient legal description. Is2 If the applicant is someone other than the owner, written acknowledgement by the owner of the zoning request must also be submitted. REASONS FOR REQUESTING A ZONING CHANGE TO IMPROVE THE EFFICIENCY OF THE BUSINESS OVER ALL MAKE A SAFER AND CHALLENGING WORK ENVIRONMENT FOR OUR EMPLOYEE ALSO TO MAKE THE PLACE AS VISUALLY PLEASING TO LOOK AT AS POSSILBE TO DO THIS WE NEED A ZONING CHANGE SO WE CAN BUILD WITH THE MULTI FAMILY ZONING, I CAN'T DO THAT Situated in Collin County, Texas, and BEING a tract out of. the RICHARD D. NEWMAN SURVEY, ABSTRACT NO. 660 and being part of a 9.70 acre tract as described in a Deed from J. R. Beck et us to R. S. Williams, dated 10-20-1910, recorded in Volume 165, Page 430 of the Collin County Deed Records, and being part of a 17.062 acre tract. of land and being more particularly described as follows: BEGINNING at the Southwest corner of said 19.70 acre tract, said corner being the Southwest corner of said /7.062 acre tract; THENCE North 20 deg. 28 min. West with fence line and with the Southwest line of said 19.70 acre tract and said 17.062 acre tract, 562.60 feet to a stake for corner set in the Southeast ROW line of State Highway No. 78; THENCE North 52 deg. 16 min. East with the Southeast ROW line of State Highway No. 78. and the Northwest line of said.17.062 acre tract, 463.80 feet to a stake for corner; THENCE South '18. deg. 29 min. East acro;;s said 19.70 acre tract and across said 17.062 acre tract, 874.80 feet to stake for corner; THENCE North 87 deg. 36 min. lines of said 19.70 acre tract eand. saidst with t17.062ence i acre ne ntract,d � 447.the 90uth feet to the Place of Beginning and containing 7.062 acres of land. more or less; 66)1 0- OA. pX' SqC o� � • r - �� yS , , • \ • • : TE ::i• _ . __J._ �___�y1.--L.._1.........1..._L...1-._ J_...V._. __' __�i._ . .. _ .. '( `�• y --r• . • ♦ _..ram r.'�,\ �J�\\ __... , .r •�,` ... -' ♦ ♦' v ♦ ♦ rJ,• , % \ , ;7,'4. ` 6 ,F. £4.a z'u VaLm. �S¢.; s➢v Hf 1W,‘ k ii -� ` !,� y a ' ' Y .t z bs 8..M2 thM+ +_r }}EE $SF .V om V 'a-1-44R Y ° QyFfY r3."'...4.1 ,},b� ,-S ,? a� 4:o'.1.7, R...,Y.).;.7 - '. .. • i.. ' t S . H .' 78. ' , a a II III £ `F Y' J.:. ♦ '� .6 )/ SEX .�� 4 f, Yam ,i,' ,' y3 f^k < 4 20° 41.-1-, s S'' a r.l "1.� a '''ram i° �' ' , ., '' 4'''.4w +1""'j'''3 * —?' '''' '� e z S fc: " rjk .� C iE'J�:(, ,.,. rZ. : , . a.;7. ..i� ;• .ram s 4 7. 54 _ I. N52' 18' 4� �' N52° 18' 42"E 463. 80' \. S52° 19' 07"W 251 4� S57•' I ' 0 "yy 46° 36� 12, W / 23/0. 7 • / S5c'� 18 50 S PK NAIL SET ; •- •-t :; 1•,J 4. 49' 100• 50 —/ ' / S 19° 34 18' \ .\ S 18 26' 18 E - __, / 1 , 7 37.. 53' . , �j' - `'` 18 i ....::-"-' '::\ ii I rr \ ,,, O • O C.) V E '31 AC. REM. 6. 648 AC. REM. 4. 813 AC. N v' —1-7-0 ill1 I I r _ ; k o 1-- 0 \A c 5 �O v-s'G\G)r t 3 4o NOTIFIC ATION REPORT APPLICANT: ( M!�'P Y- APPLICATION FILE # Na & address ATTORNEY, AGENT: Name & address BLK. LOT SUBDIVISION PROPERTY OWNER NAME ADDRESS _ FOR AGAINST ENC. RET. Abr- Trcd- �loO — Sun l�l+ �v ►��5 Po e�ox (Go9G9 ' trviy . Tx "15o(t,,-rPoci &00 I 1 — l2olzno 20b1. 4so1 art i +nta 1 11 sc�o� • ' J 1 r A • 3 City of Wylie AGENDA COMMUNICATION SUBMITTED BY• Russell Wyman DIRECTOR• Community Development DATE REFERENCE NO. SUBJECT 7/7/94 Unity Partners 3 Replat of McMillen Farms, Lot 1 SUMMARY OF SUBJECT: Discuss and consider approval of Replat of McMillen Farms, Lot 1. Developer proposes to divide 10.2 acre lot into nine lots. ALTERNATIVES: 1. Approval of Replat 2. Deny Replat ACTION REQUESTED: Approve Replat REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL CIOVER/UNDER PROJECTIONS BY: OPERATIONS El 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 Cor1 ��'lg--_-_ DIRECTOR OF FINANCE X �Nffde�/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC )C BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CI MANAGER PUBLIC HEARING NOTICE The Planning and Zoning Commission will hold a public hearing on Tueday, July 5, 1994 at 6:30 p.m. and the City Council will hold a public hearing on Tuesday, July 12, 1994 at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider approvall of a request from Unity Partners, Inc. ( Don Kreymer, President ) for a replat of one lot ( 10.2 acres) at 1355 FM 1378 into nine ( 9 ) lots and further described as follows : Lot 1 of the Mcmillen Farms Addition As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below: RE: PZ/CC - D. Kreymer Return this form to: Russell Wyman, Building Official P.O.Box 428 Wylie, Texas 75098 ( 1 I am in favor of the request for the reasons listed below • [ ] I am opposed to the request for the reasons listed below 1. 2. 3. Signature Printed Name' Address —_-- _. ►cm _ rou —__._.. N o w WWI I FN AD 'o II �� I - — F.. e aR . :----.7- 112i 0 rr 2 43 s 7 T 3 I I L. ROB?RI 0 *INN 4 C 7 0 14140 AC 0 J 6 13 , 9 3 2 - ke Ranch Road • • 12 - (� 10 12 34 567 8 S'-f0II12I13 14 15116 17118 5 9 "_ oln 7flVe 6 a 5 6 5 6 4i©� .© 0 © . IIICID1 6 3O7 N 4 7 aQ 0_D,Qd� ' p�i 8 8 3 8 C. 31,� .Q:�� 4 0 2 g Q 2 9rci 2 :© �© c 10 3 h I 10 I IQ I 10 0 • � Q Kennedy Drive 11131 UsI►.1711112131411 • i I6171 e 19 O loc0 CONC C• INC • r' I•.13 11C I1 ORAIN • !!•s !G 7 6 I 70 •G 1AM *11Nt Rsr0ot. a1.A01s C s1••NsoN 'I •00 Ac $00 •G • JAMCI Ptk.l 1 CC- / , r Pit Lit ?Oh?S Ac J CPA thlt RPRlsts _ } L 0 '11 IIr.v1 I,a L II 4s sC U o 00 .c ■f NNE IN •t vls 10 00 •c rfilly ://// . MOCHA(t NI 00011.1 9 •S •r ��'k as 1 \ � Page of 3 City of WYlie (5/93) APPLICATION AND FINAL PLAT CHECKLIST Date y/G/957 Name of Proposed Development i!e .43 , Name of Developer L,y) �� ,, Address .6171-,7 64 #1/12,- Phone 4/%2 - 99o/ Owner of Record A#09, j. , Address //.? £ 5- Za►.) , 0-y/, ss- Phone Vp Name of Land Planner CeUe SULi/ k g 1 Ai Surveyor/Engineer Address /3)2 ie,ts:kr Gui/dicOy Phone 5-4,Z-v�3s1 Total Acreage Current Zoning Xr Number of Lots/Units Signed The Final Plat shall generally conform to the Preliminary Plat, as approved by the City Council and shall be drawn to legibly show all data on a satisfactory scale, usually not smaller than one inch equals 100 feet. The Final Plat shall be submitted on a drawing which is 18" x 24". The following Final Plat Checklist is used to check compliance with the Wylie Subdivison Ordinance. The following checklist is intended only as a reminder and a guide for those requirements. Information Provided of Not Shown of Plat Aoolicable V 1. Title or name of development, written and graphic scale, north point, date of plat and key map. Page 2 of 3 2. Location of the development by City, County / and State. v 3. Location of development tied to a USGS monument, Texas highway monument or other approved benchmark. Y 4. Accurate boundary survey and property description with tract boundary lined indicated by heavy lines. elA"- 5. If no engineeringisprovided show contours of 5ft. intervals. 6. Accurate plat dimensions with all engineering 9 9 information necessary to reproduce plat on the ground. 7. Approved name and right-of-way PP width of each street, both within an adjacent to the development. 8. Locations, dimensions and purposes of any easements or other right-of-way. 9. Identification of each lot or site and block by letter and number and building lines. 14- 10. Record owners of contiguous parcel of unsubdivided land, names and lot patterns of contiguous subdivisions, approved Concept Plans reference recorded subdivision plats or adjoining platted land by record name and by deed record volume and page. 11. Boundary lines, dimensions and descriptions of open spaces to be dedicated for public use of the inhabitants of the development. 12. Certificate of dedication of all streets, alleys, parks and other public uses signed by the owner or owners (see wording). Page 3 of 3 ✓ 13. Designation of the entity responsible for the operation and maintenance of any commonly held property and a waiver releasing the City of such responsibility, a waiver releasing the City for damages in establishment or alteration of graded (see wording). 14. Statement of developer responsibility for storm drainage improvements (see wording). ✓ 15. Instrument of dedication or adoption signed by the owner or owners (see wording). ✓ 16. Space for signatures attesting approval of the plat (see wording). 17. Seal and signature of the surveyor and/or engineer responsible for surveying the development and/or the preparation of the plat (see wording). 18. Compliance with all special requirements developed in preliminary plat review. 19. Statements indicating that no building permits will be issued until all public improvements are accepted by the City (see wording). ✓ 20. Submit along with plat a calculation sheet indicating the area of each lot. 21. Attach copy of any proposed deed restrictions for proposed subdivision. Taken by: File No.: Date: Fee: /7 Receipt No.: NOTIFIC ATION REPORT • APPLICANT: t)(]yA �,f �Y1Ner/ L1A;�-\ Park )er-c , 1 e1G APPLICATION FILE # Name & a r address ATTORNEY, AGENT: Name & address BLK. LOT SUBDIVISION PROPERTY OWNER NAME 44 ADDRESS FOR AGAINST ENC. RET. Far 1M� ..� IIS K . Corric"'� oP L ..Orcl�rl K I i era . Save Ankov‘io P( 56% 1E510 xV 1 vunS 3vt AvIA-nvtin Tx 7P2910 • • City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Russell Wyman DIRECTOR: Community Development DATE. REFERENCE NO. SUBJECT 7/7/94 / Richard Nance 42.5 Acre Tract Preliminary Plat of Mill Creek Estates SUMMARY OF SUBJECT: Discuss and consider approval of 42.5 acre Preliminary Plat of Mill Creek Estates. ALTERNATIVES: 1. Approval of Preliminary Plat 2. Deny Preliminary Plat ACTION REQUESTED: Approve Preliminary Plat REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL CIOVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ $ CAPITAL ❑ RECURRING Cl 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 DID CTSOO�ik9 ARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE . t G/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 • CI MANAGER PUBLIC HEARING NOTICE The Planning and Zoning Commission will hold a public hearing on Tueday, July 5, 1994 at 6:30 p.m. and the City Council will hold a public hearing on Tuesday, July 12, 1994 at 7:00 p.m. In the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider approval) of a request from Richard Nance for a replat of 44 acres North of Stone Rd.. West of W. A. Allen, and East of Quail Creek Blvd. into sixty ( 60 ) lots and further described as follows : Abstrac No. 688 -4, Tracts 97 & 99 of the Francisco De La Pena Survey As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below: RE: PZ/CC - R. Nance Return this form to: Russell Wyman, Building Official P.O.Box 428 Wylie, Texas 75098 I 1 I am in favor of the request for the reasons listed below 1 I am opposed to the request for the reasons listed below • 1. 2. 3. Signature Printed Name Address . 1 , KINCSLEY ROAD w 4 )e Ls ties Thiel, and ttee's pod t the Land y described _ \ f DX M000 et it the 1 HEATHERM000 :eeorded id feels, Bald �.?GW000 1111.1 adFOREST EDGE ///ecerded in xis: • !lowing the UTUMN HILL a 1/2 inch SITE / of Linwood I / e !lowing the et ,td I 1/2 roe to the I ------ ,�Bonds (lest, A a et Rt6, line —+ s 13 minute- 1h iron tod_ lleving the I It to a 1/1 's) ir rf st the North Right olio being to 33 Minutes Z th RCN line decrees 20 • e 1/2 inch :h Right of ■f line of. !lowing the 6 felt to I he test ROW of Teltwood THIN OAKS !loving the et to a 1/2 ngetSo.Otl LOCATION MAP I'll Molloy • tOIM7 Or of lend. SCALE 1 ' IN 1000' TRACT 1 tient. DtfleR114f00 . •ct of land ailested in the ►concise° De La tine TMMRC! North 1/ d 44 MfolIRI MO .. tit. City .1 vim,. C.,iin C•vnty. Tsa... end lest lino of sell arswtwo.d er/.lau ale ef nv* . 110.DIt feeteI. a I/2 nt Tract 1 es cooed In. a Ithstltuts ltvet.•'s 0d•d Inch iron red fiend ter st the let the feel eon • a. rse.eded In telaale 32e7. P . e{e 01 the Land lie. et sreatweed Delve eel Me small Right of Weyleieel el Neatberwood . county, , fed being mere tertieulerty deeerlb.d Orly. ( e SO''Rew). seta area rod ►.lo, fa • curve I. the right which 'd. se ?alleys: Centers bests teeth CS degrees 14 wlwee.. 12 monde *eel, • radios .1 . I/2 inch free. red tov.J fir earner at the • d/Bate of 1041.0e feet; of the Quell Itejlew Istete. Ph... 1. se e...cdod le t11tSC11 s1.w, sill Bowe to tb. right. t'S of the Piet a de •f collie Covnt ght, te1lNing Ih 4 central rumple A* Huth degree. Int In the Perth fight Of tier floe el P. N. $44 (ta Of awleet..lit **tends and Oft horreod lOro ve tdieotgswv et 124.11 feet to ayl/2 Inch ten red else helot al th. eemthee•t ! • it' Irsw red fiend lee _ .4 tot the email Sall.., relates thus. I final that: g•eaegl - ti 1 eetr.. 1t .loot., se ds rapt follewlA lb. TRtstt Smith 1{ degree; 10 .d oily. 1a ••eves• toot .271list the !verb Rat Iles •[ f ud for trite a dlatva!• e toil feet to a d Alley a dfstanee of 11.00 lest to a 1/2 Intl lien 1/2 Inch Iron red found !•r corner. said !raw lea Fermat el the tn.'. at Ina beginning of a rows to the tight which beginning of • eery* to the left which ice •rc Ner. D•Sth Si degrees tth 1 Jeered 12 wlawl.* 00 ds last. a wall.,, 30 minutes It monde last. • radius dlatstlee of 174.00 feet; fort; 71115 R along said eerie Is the left follNwing the O sib RON Ilse t .aid terve to the fllhl. following the lest RON 11ae of slid R•sthereeed helve through a •entrsi mole of l dogrel 11 • through s central angle •t f0 dittos' 01 sleet es 00 *Ignites 21 secssde sod an etc dlsttl/tee of 0.111 feet Ic a 1/1 look irb t 21stanee of 12.10 feet to a 1/t Inch Iron red found red found fet career; + 1 leers• 11 minutes 00 'arenas test f*Ilewln tAs TN[NC1 Det1b /1 dal 0 minutes 01 seconds last following the laid IS' ellsy a distance a e f2t. a lest to aa theifl rest Iles of said Ilasth•rveed erlye s distant♦ of 10.10 feet is / 1/2 �n•1 ter rnrnsr at the Inn iron e! amid 11. 1111• Inch iron red found for earner, said ire. red bole, et the beginning soldy at a I. the Atli radius center.n. Nitre .00Werthf t. d•Iress /e i . of Nor 11n. of 1lelvyit ,t .. 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Emors8, .* ,ox.... 4' .IrW . .,IN ras 172 , "PI .• )0,,- iii,, 1/4.1), , , . y MX immor3 10 ..r•1IIUIIuIi \ , :r OXMp°1 es . , PORES? t .o.,.. i Cour t ncia,0441;, x -I I I I I I,� 3 .t Qytil an. aaa - aginc*o.> ma 0oa � �AM�� ; pi1r,p_:,,,Iti a d,. 0 • . , . .... . 1 ilorstitN4/A oz ./1 F,, , t Ali. it sr ._ .... .L ..... W / 7 CV "4 6 g 1 h. 9 I - Obit:III ,girh 8 . am EAST SR/AN Nu•ERT -_ KI PH if. - ,s x 11A I.J HMANN .I DO't(M.yIAI NS I..MS w• t]O K Al I 6'1I 401K L.••.0 r MNI IA»S - ••LTERA •7 9(..AC ALLEN l0K • I ' �RRY Butt[tl 1( f0 rt401N 7f K C 0 f RKI/ARCS .V A( oNE . A2 AC RAYHgp Ac 0i JVMI( .ZANC PEACH IX leN w- 1499 KC IAEOoolciw4p K '- Iru✓r• .. �� . .. rE AG*, NOTIFIC ATION REPORT APPLICANT: Crohol N\arc Name & address APPLICATION FILE .,- ATTORNEY, AGENT: Name & address BLK_.., LOT SUBDIVISION PROPERTY OWNER NAME D ADDRESS FOR AGAINST ENC. RET. 8 Quail #oI l ow 3p h i sl- Pei ks see above_ it q tI II ii �' II ID 11 Joe. Pearce (403 �'ore�t- EdSe v ly l,e II I I , II Klor1-I'irk Phci , see above 12 it , I1 ( 3 ►, t, u 14 " (( zt ate _ Ja 1 ee--) ► eu if sore 4 I 5 II 3Qahk4, Peaks ti fee. above-. dor. piark Piece T ll 11 II crPr Luh ono tki dr iI. 200 G ` side [ano T 7 o 12 0 11 821 Au-1-u rn n J ,i I it 13 • 80t I •u±u rvl F'l 1 F- 17 u ttiarc -1-4-eICrick WIo Qua 1 1 Creek, l i 1 18 it L.AFr\I i. �, ox I I I Co lotiein oii � 'Dr IIpS Tx €24r 2 it L. vi 50.9 'i I Creck II 3 II �awtc'/ W7 tQil G�eck. &arm NOTIFIC ATION REPORT APPLICANT: 12iG1itard ?►�GP . � Name & address APPLICATION FILE ATTORNEY, AGENT: y Name & address BLK. LOT SUBDIVISION PROPERTY OWNER NAME ADDRESS C 20 �u� are- FOR AGAINST ENC. RET. -4.arr Po aox 5 is TiblS ,.lr- - 509; It 21 iiI' 22 II II k 23 It II 11 24- II ii A LS 'Quail 4011ow t1/4101-4-lriparic. Phases I5 • E. 1nc1U&{'rial Blvd 14 L�rn��Pd 11( kin+neV Tx 7socoq it is si " 15 it 5R3nish Peaks Qarch 1 177 e. 15+11 .tree-{ b 13 '' filar-1�pr k Pl�se I DPP?tam) Tx �So 74 . �bQVP • '' 14 1. P IZ Aor�'ornvc, oxwodd (.,n. - Inc,�� klti lie -Isng9) Spanish Peaks Qanch _ 5ee above it 1C0 ii ,klor-Wh•ark. 12telaSe. r See wove D - 3 „ v It 4 ,, It 1i i' 5 I. 11 II it Co II Co I i o II I` A 11 II 1 NOTIFIC ATION REPORT APPLICANT: e\Cnzrd �aille. Name & address APPLICATION FILE ATTORNEY, AGENT: . Name & address BLK. LOT SUBDIVISION PROPERTY OWNER NAME ADDRESS FOR AGAINST ENC. RET. V G 4 Quad tto((ow (-5r..ral61 Cl ark soy Quci ( Creek 5 k.1e 1 r L. (1(�c Csli eP 3 ,1��l G ec k w ( 11 NP,51'v11 Sot cal Tii 1 CrP_ek 1nl Iie A g ov, Grove Fill Enk vt 1 ie 54 �i LE% Frwy. �vtk Datt , Tx 75240 o q o too 1 , P.ox wood ��d �,� t7 - wyt,n It Phi i _ �Ohh, 0v1 1°u o Fox woa4 it 20v,v1 ioc72. FoXWOCd letivlie `' t a-ie F2avtk klyl,e See ebove C • it II II li It CO It II II KII I1aIM e--)1(oVe �Co Fox wood- y e A Itb` TrB k i tom- z1-P tavt k l� 11= G obaVc. G88 ton _ fo x rr� ' bbls Jr Wylie 6813 I ICI OP-U Oh Goyto\ 1 Zo 1 vIe 4)S116 • Page 1 of 3 City of WYlie (5/93) APPLICATION AND FINAL PLAT CHECKLIST Date Name of Proposed Development MILL ( Zek c7rIPS Name of Developer ZIORD IR�C e. Address 9�� / PaDOw'/. 6zk Phone a/L( 441.0-3-0(g' • Owner of Record _.5M C- Address Phone Name of Land Planner Wee-M9fgelZ. 1./D 8SSOC/091-e_S Surveyor/Engineer A Address /a 11c pea. .rx,1 Phone 7i Total Acreage t14 Current Zoning SF Number of Lots/Units (0O Signed c ,r o�- The Final Plat shall generally conform to the Preliminary Plat, as approved by the City - Council and shall be drawn to legibly show all data on a satisfactory scale, usually not smaller than one inch equals 100 feet. The Final Plat shall be submitted on a drawing which is 18" x 24". The following Final Plat Checklist is used to check compliance with the Wylie Subdivison Ordinance. The following checklist is intended only as a reminder and a guide for those requirements. • Information Provided of Not Shown of Plat Applicable .• 1. Title or name of development, written and graphic scale, north point, date of plat and key map. • Page 2 of 3 2. Location of the development by City, County and State. 3. Location of development tied to a USGS monument, Texas highway monument or other approved benchmark. 4. Accurate boundary survey and property description with tract boundary lined indicated by heavy lines. 5. If no engineering is provided show contours of 5ft. intervals. 6. Accurate plat dimensions with all engineering information necessary to reproduce plat on the ground. 7. Approved name and right-of-way width of each street, both within an adjacent to the development. 8. Locations, dimensions and purposes of any easements or other right-of-way. 9. Identification of each lot or site and block by letter and number and building lines. 10. Record owners of contiguous parcel of unsubdivided land, names and lot patterns of • contiguous subdivisions, approved Concept Plans reference recorded subdivision plats or adjoining platted land by record name and by deed record volume and page. 11. Boundary lines, dimensions and descriptions of open spaces to be dedicated for public use of the inhabitants of the development. 12. Certificate of dedication of all streets, alleys, parks and other public uses signed by the owner or owners (see wording). Page 3 of 3 13. Designation of the entity responsible for the operation and maintenance of any commonly held property and a waiver releasing the City of such responsibility, a waiver releasing the City for damages in establishment or alteration of graded (see wording). 14. Statement of developer responsibility for storm drainage improvements (see wording). 15. Instrument of dedication or adoption signed by the owner or owners (see wording). 16. Space for signatures attesting approval of the plat (see wording). 17. Seal and signature of the surveyor and/or engineer responsible for surveying the development and/or the preparation of the plat (see wording). 18. Compliance with all special requirements developed in preliminary plat review. 19. Statements indicating that no building permits will be issued until all public improvements are accepted by the City (see wording). 20. Submit along with plat a calculation sheet indicating the area of each lot. 21. Attach copy of any proposed deed restrictions for proposed subdivision. Taken by: File No.: Date: Fee: Receipt No.: City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Legal DIRECTOR: Steven P. Deite DATE REFERENCE NO. SUBJECT 7/7/94 Public Hearings On Proposed Annexations SUMMARY OF SUBJECT: The City has taken preliminary steps toward annexation of seventeen tracts presently surrounded by the City but not within the City limits. One of the requirements of the annexation process is that two public hearings must be held at which interested persons can be heard on the issue of the proposed annexation. The hearing for this meeting is the first of the two required meetings. The Council will not be taking action but receiving public comments. The Council may ask questions of the persons being heard and/or staff as it deems appropriate. The second of the required public hearings will be held on July 19, 1994 prior to Council worksession of the same date. ALTERNATIVES: No alternatives are recommended. Holding the hearing is required before the properties can be annexed. ACTION REQUESTED: No action is requested as the matter is only a public hearing and no action can be taken at this time. 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 X LETTER C.I.P. ORDINANCE/RESOLUTION ,X OTHER ( N (e) 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 POUCE 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 FROM: Steve Deiter SUBJECT : Public Hearings on Annexations DATE : July 7 , 1994 *******= ******** **************************************************************** In the process of annexing property into the City, the Council must conduct two public hearings on the proposed annexations. The first hearing on the annexation which is presently under way will be at the July 12, 1994 Council meeting. The statute provides that the hearings are for the purpose of "persons interested in the annexation are given an opportunity to be heard". I would suggest that virtually anyone could be interested in the proceedings and should not be denied an opportunity to be heard at the meeting. It is not necessary to convene a separate public hearing for each of the seventeen tract involved. I would suggest convening one public hearing and then taking comment on each separate tract individually. This could be accomplished by the Mayor's asking for any comments or participation on tract one, and then after receiving all for that tract, ask for any comments on Tract 2, and so on with each tract. After doing this for all tracts the public hearing would be closed. The Council will not be making a decision on the proposed annexation at this meeting. Another public hearing on July 19, 1994 is necessary as well as a separate meeting (August 9th) to consider annexing each tract by ordinance. At the August 9 meeting a decision to annex will be made for each of the tracts under consideration. I am providing under separate cover a listing of all of the Tracts with each tract being on a separate sheet, and each sheet containing information on location, ownership, and available utility services. I have also included with the individual sheets any written responses received from the owners. Although not available for delivery in the packet materials there will be a services plan where the City sets out its plan for providing services to the area. Each council member will have a copy of the service plan document at Tuesday's meeting. Each of the property owners, and if different from the owners the residents, have received a letter concerning the annexation along with a notice of hearings. Copies of the Notice and letter are attached to this memorandum for your reference. Should you require further information on this matter prior to the meeting please do not hesitate to contact me at your convenience. Thanks ie CITY OF WYLIE 2000 HWY. 78N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-8100• FAX 442-4302 June 27, 1994 Mr. Edward K. Dowden 725 W. Brown Street Wylie, Texas 75098 Re: Proposed Annexation of Property Located at 725 W. Brown Street Dear Mr. Dowden: The City is proposing to annex the above referenced property into the City. This letter is directed to you as either the owner and/or resident of the above referenced property. The reason that the property has been selected for annexation is that it is surrounded by the Wylie City Limits. In addition to your property the City is proposing to annex 16 other similarly situated tracts. The enclosed notice is for your informatio n e -` on your part. As indicated in the notice there will be two public h=: `, . • .Ay 12, 1994 and the second on July 19, 1994, concerning the proposed . a ou m attend and participate in either or both of the hearings, but you are not required to do so. The purpose of the hearings is to allow interested persons, such as you. an opportunity to address the City Council on the issue. Actual annexation, if approved by the City Council, will be accomplished by the Council's adoption of an annexation ordinance. The ordinance will not be adopted at either of the hearings but will be considered at the August 9, 1994 Council Meeting. The City is required by state law to provide municipal services to all properties annexed. A services plan for your property will be available in the City Secretary's office on and after July 8, 1994, during regular business hours. Thank you for your attention in this matter. 7- Sinceryiv /our S ven P. iter' ity Att ey ; NOTICE OF HEARING ON ANNEXATION PROCEEDINGS THE CITY OF WYLIE, TEXAS TO ALL PERSONS WHO ARE OR MAY BE CONCERNED; YOU ARE HEREBY NOTIFIED, OF THE FOLLOWING MATTERS: A. That the City of Wylie is proposing to annex into its corporate limits certain properties, lying with in its Extra Territorial Jurisdiction. B. That prior to annexation of the subject properties, in accordance with Chapter 43 of the Texas Local Government Code, the City will hold two public hearings concerning the proposed annexations, at which persons interested in the proposed annexations shall have the opportunity to appear and be heard on the matter. C. That the first of such hearings shall be conducted on the 12th day of July, 1994, at 7:00 p.m., in the City Council Chambers of the Wylie Municipal Complex located at 2000 N. Hwy 78, Wylie, Texas. D. That the second of such hearings shall be :Gni • - . t�i . •y of July, 1994 at 7:00 p.m. in the City Council Chambers of the WO_ i -�p om. x located at 2000 N. HWY 78, Wylie, Texas; unless more than 20 adult residents of the area . oposed for annexation file a written protest of the annexation with the City Secretary of the City of Wylie, within 10 days after the date of the publication of this notice, in which case the second hearing shall be at the same time and date but in and upon the area proposed for annexation; in the event of receipt of sufficient protest requiring hearings on the area proposed for annexation the hearing will first convene at the Council Chambers, at the Wylie Municipal Comptes, 2000 N Hwy 78, Wylie, Texas and upon convening announce the location of the on site hearing(s) and adjourn such hearing to the announced site(s). E. The areas and tracts of land identified for possible annexation are as follows: Given in accordance with Ordinance No. 94-17 passed by the Wylie City Council on the 14th day of June, 1994. James D. Swartz Mayor For additonal information and questions concerning these proceedings please call the Wylie City Attorney's office at 442-8100, or send written correspondence to City Attorney, Box 428, Wylie, Texas 75098. City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Legal DIRECTOR: Steven P. Deiter DATE REFERENCE NO. SUBJECT 7/7/94 G Maintenance Agreement For State Highways in City SUMMARY OF SUBJECT: The State has historically been responsible for maintenance of the State Highways located within the City. The present agreement defining the responsibilities of the City and the State regarding these roads is 16 years old and the State is requesting that a new Maintenance Agreement, updating the arrangement, be executed between the parties. The proposed agreement is substantially the same as the previous one. The State is requesting that the agreement be approved by adoption of an ordinance to that effect. If the Council approves of the agreement it needs to adopt the proposed ordinance. ALTERNATIVES: (1) Adopt Ordinance Approving Maintenance Agreement with Texas Department of Transportation, as presented. (2) Amend Maintenance Agreement, as deemed appropriate, and adopt ordinance approving amended agreement. (3) Decline to enter into agreement for maintenance of State Highways in City. ACTION REQUESTED: Alternative (1) Adoption of Ordinance approving Maintenance Agreement with Texas Department of Transportation. 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 X LETTER C.I.P. X ORDINANCE/RESOLUTION X OTHER (ct '-ee,M") 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 POUCE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER MEMORANDUM TO : Ci ty Counci 7 FROM: Steve De i t er IP- ~ � SUBJECT : Maintenan •e of State Highways in City ;DATE : July 6 , 19 ' 4 ********************************************************************************* The State has been responsible for the maintenance of all state highways located in the City. The last agreement defining the responsibilities between the City and the State was entered into on June 30, 1978. The state is now requesting that the City execute an updated agreement for maintenance of State Highways (SH) in the City. Attached for your review you will find a copy of the agreement which the State is proposing. I have also included a copy of the 1978 agreement. The proposed update is very similar to the 1978 agreement. I have reviewed the agreement and find nothing objectionable from a legal perspective. However, this is not to say that the agreement is acceptable from the Council's perspective. The provision which requires the City to prohibit angle parking on SHs was of some concern, in that Ballard is a SH, and the downtown area must have angle parking. I called the TxDOT Office to inquire on the matter and they advised that if the angle parking already existed the State is presumed to have consented to it. Their position is that written consent would be required for any new or additional angle parking. I also pointed out to them that the map attached to the agreement was inaccurate in that it still contained the "old FM 544 route" whereby FM 544 went North at its intersection with FM 1378, and then back east at Brown Street(now FM 3412), instead of going on due east from FM 1378 to intersect SH 78, as it does now. They advised that the map would be corrected when they received the originals. The state requires that the Agreement be authorized and approved by adoption of an ordinance to that effect. I have prepared such an ordinance for your review and consideration and included the same with these packet materials. The ordinance is based on the State's form but contains several modification as I found their version of the ordinance, as proposed, to be unacceptable. Please advise if you require further background or opinion on the matter prior to the Council meeting. Air Texas Department of Transportation P.O. BOX 3067•DALLAS, TEXAS 75221-3067•(214) 320-6100 JUN 2 8 1994 MUNICIPAL MAINTENANCE AGREEMENT CITY OF WYLIE Honorable John W. Akin Mayor, City of Wylie 2000 Highway 78 North P.O. Box 428 Wylie, TX 75098 Dear Mayor Akin: In order to have an up-to-date agreement covering maintenance of all highway routes within the city based on current policy of the State Highway Commission, we are submitting herewith for execution by the city three (3) copies of Standard Municipal Maintenance Ordinance and Standard Municipal Maintenance Agreement. After the forms have been signed and sealed by the city, please return all copies to this office for further handling. A fully executed copy will be furnished you at a later date for city files. To each copy of the Ordinance and Agreement are attached two (2) maps labeled Exhibit A and Exhibit B indicating the highway routes covered in the Agreement. Please return the maps with the signed copies of the Ordinance and Agreement. Yours ery truly, i . 1 � _ amen M. Huff P E. ti District Engineer Attachments MAM:j w An Equal Opportunity Employer dn� Form 1038 Rev.3/94 Previous versions are obsolete. DHT#122504 Municipal Maintenance Agreement STATE OF TEXAS * COUNTY OF TRAVIS * THIS AGREEMENT made this day of , 19 , by and between the State of Texas, hereinafter referred to as the "State", party of the first part, and the City of WYL I E , COLL IN County,Texas (population 8, 700 , 19 9 0 , Federal Census) acting by and through its duly authorized officers, hereinafter called the "City", party of the second part. WITNESSETH WHEREAS, the City has requested the State to assist in the maintenance of State Highway routes within such City; and WHEREAS, the Executive Director, acting for and in behalf of the Texas Transportation Commission,has made it known to the City that the State will assist the City in the maintenance, control, supervision and regulation of State Highway routes within such City,conditioned that the City will enter into agreements with the State for the purpose of determining the responsibilities of the parties thereto: AGREEMENT NOW,THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed, it is agreed as follows: Coverage 1. This agreement is intended to cover and provide for State participation in the maintenance of the following classification of State Highway routes within the City: A. Non-Controlled Access routes or portions thereof which are described and/or graphically shown as "State Maintained" routes in Exhibit"A", which is attached hereto and made a part hereof. B. All State Highway routes or portions thereof which have been designated by the Texas Transportation Commission as Controlled Access Highways and which are described and/or graphically shown in Exhibit`B", which is attached hereto and made a part hereof. 1 of 6 Form 1038 Rev.3/94 Previous versions are obsolete. 2. In the event that the present system of State Highway routes within the City is changed by cancellation, modified routing, new routes or change in the City's corporate limits, the State shall terminate maintenance and this agreement shall become null and void on that portion of the routes which are no longer routes of a State Highway;and the full effect and all conditions of this agreement shall apply to the changed routes or new routes of the State Highways within the City and shall be classified as "State Maintained"under paragraph 1 above,unless the execution of a new agreement on the changed portion of the routes is requested by either the City or the State. General Conditions 1. The City hereby agrees and does hereby authorize the State to maintain the State Highway routes covered by this agreement in the manner set out herein. 2. The City shall retain full responsibility for all items that affect property rights, life, health, etc., of property owners and dwellers adjacent to the State Highway routes and portions thereof. 3. This agreement shall supplement any special agreements between the State and the City for the maintenance and/or construction of the highways covered herein and this agreement shall supersede any existing Municipal Maintenance Agreements. 4. Traffic regulations, including speed limits, will be established after traffic and engineering surveys have been conducted. 5. The State will erect and maintain all traffic signs necessary to regulate, warn and guide traffic on highway routes in a safe and efficient manner. 6. It is mutually agreed that, subject to approval by the State, any street lighting system may be installed by the City provided the City shall pay all cost of installation, maintenance and operation except in those installations specifically covered by separate agreements between the City and State. 7. It is understood and agreed that this agreement is for the purpose of defining the authority and responsibility of both parties for maintenance of highway routes through the City and shall in noway be considered to cover any present or past obligation either real or anticipated concerning such State Highway routes through the City. 8. The City shall prohibit the movement of loads over State Maintained streets which exceed the legal limits for either weight,length,height or width,as prescribed by State law for public highways outside corporate limits of cities,except those having proper permits from the State for such movements.The City shall also,by ordinance and enforcement,prescribe and enforce lower weight limits when mutually agreed by the City and the State that such restrictions are needed to avoid damage to the street and/or for traffic safety. 9. The City shall prevent future encroachments within the right of way of the highway routes and assist in removal of any present encroachments when requested by the State except where specifically authorized by separate agreement; and prohibit the planting of trees or shrubbery or the creation or construction of any other obstruction within the right of way without prior agreement with the State. 2 of 6 Form 1038 Rev.3/94 Previous versions are obsolete. 10. The City agrees that traffic control devices, such as signs, traffic signals and pavement markings, in respect to type of device, points of installation and necessity will be determined by traffic and engineering surveys.The City agrees that it will not install, maintain or permit the installation of any type of traffic control device which will affect or influence the utility of the State Highway routes unless approved in writing by the State. Traffic control devices installed prior to the date of this Agreement are hereby made subject to the terms of this Agreement and the City agrees to the removal of such devices which affect or influence the utility of the State Highway routes unless their continued use is approved in writing by the State. It is understood that approval for future installations of traffic control signals by the State or as a joint project with the City, will be indicated by signature of the plans. 11. The City agrees to assure the grantee's conformance, for proper construction and maintenance of access driveway facilities,in accordance with"Regulations for Access Driveways to State Highways" adopted by the Texas Department of Transportation or in accordance with other standards and specifications for the design, construction and maintenance details subject to approval by the Texas Department of Transportation. 12. It is understood that the use of unused right of way and areas beneath structures will be as determined by a separate agreement. 13. On those State Highway routes and portions thereof which are listed and/or graphically shown on Exhibit "A" as "City Maintained" routes, the City agrees to provide bridge inspection and inventory data to the State in accordance with National Bridge Inspection Standards. Non-Controlled Access Highways The following specific conditions and responsibilities shall be applicable to non-controlled access highways in addition to the"General Conditions"contained herein above.Routes of non-controlled access highways or portions thereof covered by this section are those listed and/or graphically shown in Exhibit"A". State's Responsibilities 1. Maintain the traveled surface and foundation beneath such traveled surface necessary for the proper support of same under vehicular loads encountered and maintain the shoulders. 2. Assist in mowing and litter pickup. 3. Assist in sweeping and otherwise cleaning the pavement. 4. Assist in snow and ice control. 5. Maintain drainage facilities within the limits of the right of way. 6. Install and maintain normal regulatory warning and guide signs and normal markings for directing highway traffic in a safe and efficient manner.This includes school safety devices,school crosswalks and crosswalks installed in conjunction with pedestrian signal heads.It does not include other pedestrian crosswalks. Any other traffic striping desired by the City may be placed and maintained by the City subject to the approval of the State. 3 of 6 Form 1038 Rev.3/94 Previous versions are obsolete. 7. Install, operate and maintain traffic signals in cities with less than 50,000 population. 8. Install all Federally-funded, off-system traffic signals and on-system traffic signals in cities greater than 50,000 population. City's Responsibilities 1. Prohibit angle parking,except upon written approval by the State after traffic and engineering surveys have been conducted to determine that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic. 2. Install and maintain all parking restriction signs, pedestrian crosswalks, parking stripes and special guide signs when agreed to by the State and traffic signals in cities with over 50,000 population. Signing and marking of intersecting city streets to State Highway routes will be the full responsibility of the City. 3. Require installations,repairs,removals or adjustments of publicly or privately owned utilities or services to be performed in accordance with Texas Department of Transportation specifications and subject to approval of the State. 4. Maintain highway drainage facilities outside the limits of the right of way. 5. Retain all functions and responsibilities for maintenance, control, supervision and regulation which are not specifically described as the responsibility of the State.The assistance by the State in maintenance of roadway ditches does not relieve the City of its responsibility for drainage of the highway facility within its corporate limits except where participation by the State other than above is specifically covered in a separate agreement between the City and the State. 6. Maintenance and operation of all Federally-funded, off-system traffic signals and on-system traffic signals in cities greater than 50,000 population. Controlled Access Highways The following specific conditions and responsibilities shall be applicable to controlled access highways in addition to the"General Conditions"contained herein above.Routes of controlled access highways or portions thereof covered by this section are those listed and/or graphically shown in Exhibit "B". State's Responsibilities 1. Maintain the traveled surface of the through lanes,ramps and frontage roads and foundations beneath such traveled surface necessary for the proper support of same under vehicular loads encountered. 2. Mow and clean up litter within the outermost curbs of the frontage roads or the entire right of way width where no frontage roads exist, and assist in performing these operations between the right of way line and the outermost curb or crown line of the frontage roads in undeveloped areas. 4 of 6 Form 1038 Rev.3/94 Previous versions are obsolete. 3. Sweep and otherwise clean the through lanes, ramps, separation structures or roadways and frontage roads. 4. Remove snow and control ice on the through lanes and ramps and assist in these operations as the availability of equipment and labor will allow on the frontage roads and separation structures or roadways. 5. Install and maintain all normal markings and signs on the main lanes and frontage roads necessary for the proper use of the facility and direction of traffic thereon. This includes school safety devices, school crosswalks and crosswalks installed on frontage roads in conjunction with pedestrian signal heads. It does not include other pedestrian crosswalks. 6. Install, operate and maintain traffic signals at ramps and frontage road intersections. 7. Maintain all drainage facilities within the limits of the right of way. City's Responsibilities 1. Restrict parking on frontage roads to parallel parking on one side only and prohibit all parking on main lanes and ramps and at such other places where such restriction is necessary for satisfactory operation of traffic,by passing and enforcing ordinances and taking other appropriate action in addition to full compliance with current laws on parking. 2. When considered necessary and desirable by both the City and the State, the City shall pass and enforce an ordinance providing for one-way traffic on the frontage roads except as may be otherwise agreed to by separate agreements with the State. 3. Secure or cause to be secured the approval of the State before any utility installation, repair, removal or adjustment is undertaken, crossing over or under the highway facility or entering the right of way. In the event of an emergency, it being evident that immediate action is necessary for protection of the public and to minimize property damage and loss of investment, the City, without the necessity of approval by the State, may at its own responsibility and risk make necessary emergency utility repairs, notifying the State of this action as soon as practical. 4. Pass necessary ordinances and retain its responsibility for enforcing the control of access to the freeway facility. Termination 1. It is understood and agreed between the parties hereto that all obligations of the State created herein to maintain the State Highway routes covered by this agreement shall terminate if and when they are no longer routes of State Highways;and further,that should either party fail to properly fulfill its obligations as herein outlined, the other party may terminate this agreement upon 30 days written notice. Said State assumption of maintenance shall be effective the date of execution of this agreement by the Texas Department of Transportation. 5 of 6 Form 1038 Rev.3/94 Previous versions are obsolete. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of WYT.T F on the day of , 19 , and the Texas Department of Transportation on the day of , 19 ATTEST: CITY OF WYL I E By (Title of Signing Official) THE STATE OF TEXAS APP} OVAL RECOMMENDED: Certified as being for the purpose and effect of activating and/or carrying out the orders, established policies,or wcrk programs heretofore approved and authorized by the Texas District En Transportation Commission under the authority n a T.T.A c District of Minute Order No. By Director,Construction and Maintenance NOTE: To be executed in triplicate and supported by Municipal Maintenance Ordinance and Certificate of City Secretary. 6 of 6 }` EXHIBIT "A" NON CONTROLLED ACCESS HIGHWAY • I. STATE MAINTAINED • A. STATE HIGHWAY 78: From the East City Limit to the Southwest City Limit (Base, surface, assist in sweeping, mowing, cleaning litter and in maintenance of roadway ditche B. FARM TO MARKET 1378: Froth North City Limit to the intersection of F.M. 54 (Base, surface, assist in sweeping, mowing, cleaning litter and in maintenance of roadway ditches) C. FARM TO MARKET 2514: From North City Limit to the intersection of F.M. 54 (Base, surface, assist in sweeping, mowing, cleaning litter and in maintenance of roadway ditches) D. FARM TO MARKET 544: From West City Limit to beginning of curb and gutter section (Base, surface, assist in sweeping, mowing, cleaning litter and in maintenance of roadway ditche E. • FARM TO MARKET 544: From beginning of curb and gutter section over Brown Street to Ballard Avenue, over Ballard Avenue to junction of S.H. 78 (Maintain base, surface and bridge classification structures only) - F. FARM TO MARKET 544: From junction of S.H. 78 to South City Limit (Base, surface, assist in sweeping, mowing, cleaning litter and in maintenance of roadway ditches) II. CITY MAINTAINED None • EXHIBIT "B" CONTROLLED ACCESS HIGHWAY I. STATE MAINTAINED None II. CITY MAINTAINED None I ! 1 1 -- - o Rl I . LL , 1 _ i ` — �— p f» U? Drop I ---1-7 !.i • • • �, • L1 ; r m I I INII :JrI 0 • ` • 4 o \ � � � _J p. I • 1„1 i may. • - "I • � ,; ., o Is'/ i 13 ,� • j r� 1 A f �. U :>� J_ i ' ire`,\ ._--- :'"x. N V•'�.li�ir''i r. 1� • r ____ .' - ::_-1 ,, - ly!r') i • • . • "4 �� —.i-��lu,,+ �%1 i�l�0i" ,mot 1 -- :r Z -__:__-1 itl:; 3 l •y;�. •. 4 /'l •ids lt •. 1` !'� • rn� SD 1 ,f'd !,;ir.' ± • , . ;,i!tl,y. �/\ Y D 9 1.,.i �•.. * • . • • fa -I _x X_ (U , �n ! r L4� yv • i }1 Fa s *a0.2�- lit' •a f - .. eel T CTY - i 17 / / rn (—_ • i - ? -'N r IA� I' ! y _y - ' _ i s'. \\ 1 • "'� '- 5►. - ( ,i'r i i•) d% '+• ` '`f • • �+ �j� v+ fTl • • ' 1 1 :I . - c r^ om.��1 i , 'T i \ \ti,,i. . „7-_,,,,. . , . . . . ,. ,,,_ ,.. 1.. .... .f 'i '',0( ' . N\`; , ,,,, ,,;...-.--:-..„..,-„, Jam , ' f )�� I 1 /�Ii�(i / - —■••— / 1 I',• is . • ' 0 '< \ \N;',.: ::Zra,..r*-,, ' •,. ' ...: 'i -'` ,)) > t -)),'1 1''i‘,\ _ 0_ 2. g 43 ---,:z:-___----,....,:e- - -- ---4--- .i° -- •''-6.j.ik ,1 .-. S3 774\ • - -N' 'i V\,\\''''‘ji -ji i(C:t\ ci --° iki''' \''N ''' s.._--7,.. .---11--"L'::::-----:1-:::---7.---_____----------: )411-':1:011Ilte e:-Ii.-e'• '1 • •.. ' 1. 'e,,,, 9t, ',,,, ---",„/* /1. ..-- LEGEND if ;;) i{ L /I7� 3...) �\�� - 5 EIO?IBIT 'xAxx { f1;- L. �/.-p. 7 N ) { NON CONTROLLED ACCESS HIGHWAYS `r !,;:::. I J'� 4r -, 0 '� 1 i : 1 :III '` ,� III,-r-j/ /J • STATE MAINTAINED (BASE, SURFACE, ASSIST IN 1�il;I: ! o 0 t // - SVs /r SWEEPING, MOWING, CLEANING i,i i i;(I r71 ', LITTER AND IN MAINTENANCE 1i OF ROADWAY DITCHES.) 7-' lii� : j < ', .% 41,9 STATE MAINTAINED (BASE, SURFACE, AND BRIDGE • 1 ;HI i (ID (�., 7 -.,, ' �;!;1,� ION "•1/�i1 =_iz' -' y". CLASSIFICATION STRUCTURES il` �� i _y'. ONLY) l�\`\�. ;1,•l ,�,2 < j< ., C \. ►m,\_� `= _i(i1j( g :ice\. , Q CITY MAINTAINED NONE , - t �N+ ; .�,� � 4,,,) r w Form 1038 (Revised 2/77) MUNICIPAL MAINTENANCE AGREEMENT STATE OF -TEXAS X 1 g COUNTY OF TRAVIS X THIS AGREEMENT made this !;'� }' day of (1'1,C'\.s.)\ , 19 73 , by and between the State of Texas , hereinafter referred to as the "State" , party of the first part, and the City of taTLIS CCn.LIH County, Texas (population 2,675 19 70 Federal Census) acting by and through its duly authorized officers, hereinafter called the "City", party of the second part. WITNESSETH WHEREAS, the City has requested the State to assist in the mainte- nance of State Highway routes within such city; and WHEREAS, the Engineer-Director, acting for and in behalf of the State Highway and Public Transportation Commission, has made it known to the City that the State will assist the City in the maintenance, control, supervision, and regulation of State Highway routes within such city, conditioned that the City will enter into agreements with the State for the purpose of determining the responsibilities of the parties thereto: AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual convenants and agreements of the parties hereto to be by them respect- ively kept and performed, it is agreed as follows : Coverage • 1. This agreement is intended to cover and provide for State partici- pation in the maintenance of the following classification of State Highway routes within the City: -1- • Form 1038 • . k 8 (Revised 2/77) • 1. A. Non-Controlled Access routes or portions thereof which are de- scribed and/or graphically shown as "State Maintained" routes in Exhibit "A" , which is attached hereto and made a part - hereof. B. All State Highway routes or portions thereof which have been designated by the State Highway and Public Transportation Com- mission as Controlled Access Highways and which are described and/or graphically shown in Exhibit "B" , which is attached hereto and made a part hereof. 2. The City shall retain full responsibility for the maintenance of those State Highway routes and portions thereof which are listed and/or graphically shown in Exhibit "A" and Exhibit "B" as "City Maintained" routes, except that the State is hereby authorized by the City to erect and maintain normal route markers and direction- al and destination signs thereon for direction of highway traffic. 3. In the event that the present system of State Highway routes with- in the City is changed by cancellation, modified routing, new routes , or change in the City' s corporate limits , the State shall terminate maintenance and this agreement shall become null and void on that portion of the routes which are no longer routes of a State Highway; and the full effect and all conditions of this agreement shall apply to the changed routes or new routes of the State Highways within the City and shall be classified as "State Maintained" under paragraph 1 above, unless the execution of a new agreement on the changed portion of the routes is requested by either the City of the State. GENERAL CONDITIONS 1. The City hereby agrees and does hereby authorize the State to maintain the State Highway routes covered by this agreement in the manner set out herein. 2. This agreement shall supplement any special agreements between the State and the City for the maintenance and/or construction of the highways covered herein and this agreement shall supersede any ex- isting Municipal Maintenance Agreements. 3. Traffic regulations including speed limits , will be established and fixed by agreement with the State after traffic and engineer- ing surveys have been conducted. 4. It is mutually agreed that , subject to approval by the State, any street lighting system may be installed by the City provide the City shall pay all cost of installation , maintenance and operation except in those installations specifically covered by separate agreements between the City and State. -2- Form 1038 (Revised 2/77) 5. It is understood and agreed that this agreement is for the purpose of defining the authority and responsibility of both parties for maintenance of highway routes through the City and shall in no way be considered to cover any present or past obligation either real or anticipated concerning such State Highway routes through the City. 6. The City shall prohibit the movement of loads over State maintain- ed streets which exceed the legal limits for either weight, length, height or width, as prescribed by State law for public highways outside corporate limits of cities , except those having proper permits from the State for such movements. The City shall also, by ordinance and enforcement, prescribe and enforce lower weight limits when mutually agreed by the City and the State that such restrictions are needed to avoid damage to the street and/or for traffic safety. 7. The City shall prevent future encroachments within the right of way of the highway routes and assist in removal of any present en- croachments when requested by the State except where specifically authorized by separate agreement; and prohibit the planting of trees or shrubbery or the creation or construction of any other obstruction within the right of way without prior agreement with the State. • 8. The City agrees that traffic control devices, such as signs , traf- fic signals and pavement markings , in respect to type of device, points of installation, and necessity will be fixed by agreement with the State after traffic and engineering surveys have been made. The City agrees that it will not install or maintain or permit the installation or maintenance of any type of traffic con- trol device which will affect or influence the utility of the State Highway routes without having obtained in writing the prior approval of the State. Traffic control devices installed prior to the date of this agreement are hereby made subject to the terms of this agreement and the City agrees to the removal of such devices which affect or influence the utility of the State Highway routes unless their continued use is approved in writing by the State. It is understood that future traffic control devices installed as a joint project by the City and State will be the subject of a separate agreement outlining the responsibilities for installation and maintenance. 9. The City agrees to assure the grantee' s conformance , for proper construction and maintenance of access driveway facilities, in ac- cordance with "Regulations for Access Driveways to State Highways" adopted by the State Department of Highways and Public Transporta- tion or in accordance with other standards and specifications for the design, construction and maintenance details subject to ap- proval by the State Department of Highways and Public Transporta- tion. -3- Form 1038 C (Revised 2-77) • 10. It is understood that the use of unused right of way and areas be- • neath structures will be as determined by a separate agreement. 11. On those State Highway routes and portions thereof which are list- ed and/or graphically shown on Exhibit "A" and Exhibit "B" as "City Maintained" routes , the City agrees to perform biennial in- spections of all bridges and bridge classified culverts not later than July 1 of each even numbered year, and to provide inspection and inventory data to the State; all in accordance with National Bridge Inspection Standards. NON-CONTROLLED ACCESS HIGHWAYS State' s Responsibilities 1. Maintain the pavement, base and its support and maintain the shoulders on those sections where there is no curb and gutter. 2. Install and maintain normal highway markings necessary for direct- ing highway traffic in a safe and efficient manner, which shall include normal route markers , directional and destination signs , city limit signs , school safety devices including school cross- walks (in cities under 15 ,000 population only) , center line, lane line and no-passing barrier line stripes , and such other pavement markings considered necessary for direction of traffic, except pe- destrian crosswalks. Any other traffic striping desired by the City may be placed and maintained by the City subject to the ap- proval of the State. 3. Assist the City in sweeping and otherwise cleaning the pavement, in mowing and cleaning of litter; and in maintenance of roadway ditches , on those sections of State Highway routes where and to the extent that such duties are delineated on Exhibit "A" . 4. Assist in snow and ice control as availability of labor and equip- ment will allow. City' s Responsibilities 1. Prohibit angle parking, except upon written approval by the State after traffic and engineering surveys have been conducted to de- termine that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic. • 2. Install and maintain all parking restriction signs , school safety devices including school crosswalks (in cities over 15 ,000 popula- tion only) , pedestrian crosswalks, parking stripes and special guide signs when agreed to by the State. Signing and marking of -4- • Form 1038 Ct (Revised 2-77) • intersecting city streets to State Highway routes will be the full responsibility of the City. 3. Require installations , repairs , removals or adjustments of public- ly or privately owned utilities or services to be performed in ac- cordance with State Department of Highways and Public Transporta- tion specifications and subject to approval of the State. 4. Retain all functions and responsibilities for maintenance, con- trol, supervision, and regulation which are not specifically de- scribed as the responsibility of the State. The assistance by the State in maintenance of roadway ditches does not relieve the City of its responsibility for drainage of the highway facility within its corporate limits except where participation by the State other than above is specifically covered in a separate agreement between the City and the State. • -5- Form 1038 (Revised 2-77) • CONTROLLED ACCESS HIGHWAYS The following specific conditions and responsibilities shall be appli- cable to controlled access highways in addition to the "General Condi- tions" contained herein above. Routes of controlled access highways or portions thereof covered by this section are those listed and/or graph- ically shown in Exhibit "B" . State' s Duties 1. Maintain the traveled surface of the through lahes , ramps and frontage roads and those things beneath such traveled surface nec- essary for the proper support of same under vehicular loads en- countered. 2. Mow and clean up litter within the outermost curbs of the frontage roads or the entire right of way width where no frontage roads ex- ist, and assist in performing these operations between the right of way line and the outermost curb or crown line of the frontage roads in undeveloped areas. 3. Sweep and otherwise clean the through lanes, ramps, separation structures or roadways , and frontage. roads. 4. Remove snow and control ice on the through lanes and ramps and as- sist in these operations as the availability of equipment and la- bor will allow on the frontage roads and separation structures or roadways. 5. Erect and maintain all normal markings and signs necessary for the proper use of the facility and direction of traffic thereon. 6. Maintain all drainage facilities within the limits of the right of way. City' s Duties 1. Restrict parking on frontage roads to parallel parking on one side only and prohibit all parking on main lanes and ramps and at such other places where such restriction is necessary for satisfactory operation of traffic, by passing and enforcing ordinances and tak- ing other appropriate action in addition to full compliance with current laws on parking. 2. When considered necessary and desirable by both the City and the State, the City shall pass and enforce an ordinance providing for one-way traffic on the frontage roads except as may be otherwise agreed to by separate agreements with the State. • -5 a- Form 1038 • (Revised 2-77) ri 3. Secure or cause to be secured the approval of the State before any utility installation, repair, removal or adjustment is undertaken, crossing over Qx under the highway facility or entering the right of way. In the event of an emergency, it being evident that imme- diate action is necessary for protection of the public and to min- imize property damage and loss of investment, the City, without the necessity of approval by the State, may at its own responsibi- lity and risk make necessary emergency utility repairs, notifying the State of this action as soon as practicable. 4. Pass necessary ordinances and retain its responsibility for en- forcing the control of access to the Freeway facility. • • -5b- • Form 1038 (Revised 2-77) Termination 1. It is understood and agreed between the parties hereto that all obligation of the State created herein to maintain the State High- way routes covered by this agreement shall terminate if and when they are no longer routes of State Highways; and further, that should either party fail to properly fulfill its obligations as herein outlined, the other party may terminate this agreement upon thirty days written notice. Said State assumption of maintenance shall be effective the date of ex- ecution of this agreement by the State Department of Highways and Pub- lic Transportation. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, thL1 City of tralx on the ;/,.L- day of c'N-'--1 , 19 73 , and the State Department of Highways and Public Transportation on the ;3,-, day of c.)C'i e- , 19 is . ATTEST: CITY OF WYLIE �! rn, ,`^T,_+.�'� �� `-4 BY / f ; \ . \�'.t ;>L F_ 1^,^t'�_ ,�'�. 1�. / ' CITY SmCZt .Y MAYOR (Title of Signing Official) APPROVAL RECOMMENDED: STATE OF TEXAS Certified as being executed for . the purpose and effect of acti- District Engineer, District 18 vating and/or carrying out the orders , established policies, or work programs heretofore ap- n proved and authorized by the j �pt�.:_T p' NL..,.;�-�•._ State Department of Highways Engineer of Maintenance and Public Transportation. BY R • - n "7 ,n.- ..v, r, Ch of Engineer of Maintenance Operations Note : To be executed in triplicate and supported by Municipal Mainte- nance Ordinance and Certificate of City Secretary. -6- EXHIBIT "A" • NON CONTROLLED ACCESS•HIGHWAY �( - - - r 1 I. STATE MAINTAINED A. 'STATE HIGHWAY 78: From the East City Limit to the Southwest City Limit (Base, surface, assist in sweeping, mowing, cleaning litter and in maintenance of roadway ditch, B. FARM TO MARKET 1378: Froth North City Limit to the intersection of F.M. .5- (Base, surface, assist in sweeping, mowing, cleanir. litter and in maintenance of roadway ditches) C. FARM TO MARKET 2514: From North City Limit to the intersection of F.M. 5- (Base, surface, assist in sweeping, mowing, cleaniD litter and in maintenance of roadway ditches). D. FARM TO MARKET 544: From West City Limit to beginning of curb and gutte: - - - section (Base, surface, assist in sweeping, mewing. cleaning litter and in maintenance of roadway ditch E. FARM TO MARKET 544: From beginning of curb and gutter section over Brow: Street to Ballard Avenue, over Ballard Avenue to junction of S.H. 78 (Maintain base, surface and bridge .classification structures only) - F. FARM TO MARKET 544: From junction of S.H. 78 to South City Limit (Base, surface, assist in sweeping, mowing, cleaning litter and in maintenance of roadway ditches) II. CITY MAINTAINED None • EXHIBIT "B" CONTROLLED ACCESS HIGHWAY I. STATE MAINTAINED None II. CITY MAINTAINED None . ;. j. ! , , 1 I Li._____ "' ''' - • LCO p • : r— • •• r r— � 1 • ,1 1 I Dz _: •• I I I cnh N.. . !l �' i ! ` 1► C� t�o m ? v �; 1 • • I 2 .(LC"‘ , • o• • • a 1 I \ •O s V ss I __ N ,` rr,• tam �\> f Tf. � N •� - -T -•t" • �..i • . • I � � �1 ,will• 2 1 �� : 'r, i•:: J 0/ N 1 • 1 • t �'i ds . 1 § i> • - . /'� fw ......:'� ? •• i /' 1 ---,--N, ) \ � y � y '--F ?i,' ,' ...:. f • _.E h—__' 1I f r+ r 1h11.4 t .i Cb !It K'. c rr 1.r'ry . ---• 1 �r�' c r7 J .. - �1 \. .!-`,;� • //_sue'' .,t • \- I D .e. v> • 4- * • •_ _ - • 2 3_(WY lc) -.,EL 4.,.-.? —I -x X" (L1 T ! /./ , .`i,tf - , •far._'- * 0.2-,• ' "< %\ g • , 4 r---- - — — — —"• -,..,. _ _ • � CP del ?. ?.l' �`�` - / 1 IV ,'t • . . I .:4 I-• • I ••.% :i • ' . I• I I rs. 7.1 . .' a:rtiP6 "Zi I i 1 i ..."i, 4,,. ...>: f _ " . ° .....‘ A Cfi rrl . I-2-, ,-1. i \\.,.v .1.. ___z_ i.4, .....--------- „......„.„......____„, /� *•."■• •• • �• • ? k-J I 6_ 1 .0 :, ��' ,•'(r.(r.I JI 7 /�'-- t \ ,iii,' i .. i •;,) liii ; ,, !., ..... -=- 1 ...................• , , e'\ 1 1 './1(/'//ji) ''•.' !!i\rf:I ---.7 -rt Z ,,,i). a . )1 \-k a tili / r. fil.1 as '-'-- 0--- ° g k,, -------:-.._.-=—::-..s... —— ____A , .....„,.. ._ ... _......,• ..„. ....,__, \\ \ , . .,,, . ,?„,..,2 \ . ;, „k\\\‘', ki t(.1.:.__ ;c; a 1, .\ "------------M-",14:'.*;:`,f,a,: •• -1 i .; ,9-:"_i ,///J,- - ,,..,, :i ;''''c, J ! >< �'(fi' /`, \ fit, r LEGEND f'/ ;/ �� EXHIBIT ItAt• _ ? N -- wi NON CONTROLLED ACCESS HIGHWAYS 1. -k. 0 STATE MALNTAINED (BASE SURFACE ASSIST IN �C , 'fl ! I ! o = � '`'`'' • ' 1;1 .,I ' • SWEEPING, MOWING, CLEANING I. 1 I i' ' rn�,, LITTER AND LN MAIN i ENANCE 1 I1 11! < c N��.: ,_; / OF ROADWAY DITCHES.) ,, I • �4. t !1111 , A 'S STATE.-MAINTAINED (BASE, SURFACE, AND BRIDGE - ''j!I ` `0 - "1,/ ='.�''. CLASSIFICATION STRUCTURES I • i.\\ I' •'' '"32==:` • ONLY) �` �1(1)(:,.4,-;.�i. y �� `l� (,�: �.it�� 0 CITY MAINTAINED NONE 1 I -\ . \',( 7- I;ZEVI'tED 1►- 1-91 Mwys aDDE�) At (VT .._J -�„` \moo �+• of Wyiie i ■■ City VVyiie J J AGENDA CUnnMUN!CA I iON Submitted By: _Mary Nichols Director: City Secretary DATE Nv . AGENDA ITEM .. 7/12/94 I ! Award of Bid for Demolition/Removal of Mobile Home at Glenn 7 i Knoll Mobile Home Park III II SUMMARY OF SUBJECT �I d II Under the terms of the grant we received from the Texas Department of Housing and Community Affairs for disaster relief, $20,000 was provided for demolition and removal of damaged structures. We have taken bids for the removal of a mobile home at Glenn Knoll. The owners of the mobile home, the Scallias, are storm victims that are eligible for assistance under the terms of the grant. We are recommending award of the bid for removal to Melvin St. John for $990. Several bids were solicited and only two were removed. K. C. Swayze bid $2400. ALTERNATIVES (1) Award the Bid to Melvin St. John as recommended (2) Reject all Bids and Re-solicit (3) Table the Request ACTION REQUESTED Aw ard Biel to MeiVm..St. .J.ohri .the .amount.of $990.00 SUPPORTING DOCUMENTS REVIEWED BY: Memo o Ordinance/Resolution a City Manager a Parks Director 0 Budget o Bid Tabs/Specs o Finance Director a City Attorney a Map/Plan Wylie Code of Ord a Police Chief Building Official a Minutes a Letter a City Secretary o Public Works Supt. a Other o_ _ Fire Chief a Engineer a REVENUE SOURCES: EXPENDITURE ACCOUNTS: Revenue Source_Urgent Need Grant_ Expenditure Accounts Budgeted Fiscal Year: Personnel a One-Time a Estimated Expenditure__$990 Operations a Recurring a Over/Under Projections by:_ Capital a APPROVED U ISSIO O CITY CIL JUL- 1-94 FRI 13 : 10 GOV•T SERVICE AGENCY 2143421896 P. 02 t K\Mrli GOVERNMENTAL SERVICE AGENCY, INC. GSA * * , f L 7 July 1, 1994 Mr. Steve Norwood City Manager City of Wylie P. O. Box 428 Wylie,Texas 75098-0428 Dear Mr.Norwood: I have received verbal approval for the recommendations regarding my letter of June 16, 1994 to Mr.Jeff Vistein,Texas Department of Housing and Community Affairs. (Copy of letter is attached.) Additionally,I have also solicited for and received two bids for the demolition and removal of the damaged mobile home owned by Wesley and Pam Scallia located at 101 Glenn Knoll. I received two bids of the three demolition contractors solicited. The two bids received were as follows: K.C. Swayze Excavating,Inc.,Wylie,Texas $2,400 Melvin St.John,Wylie Mobile Homes,Wylie,Texas $990 I request that you place the award of the demolition work on the next council agenda. My recommendation is to award the bid to Melvin St. John, Wylie Mobile Homes for the demolition of the mobile home,since his firm is the apparent low bidder. Please notify me of the council's approval. I am currently seeking bids from contractors to perform work on the Glenn Elliot residence located at 409 N.Ballard. Upon receipt of such bids I will also request council approval. Please call me if you have any questions. Sincerely, GOVERNMENTAL SERVICE AGENCY,INC. cun (G L,,4S David K. Lewis President 9500 Forest Lane, Suite 408 Dallas, Texas 75243 (214)342-1892 Fax(214)342-1896 JUL- 1-94 FRI 13 : 11 GOV'T SERVICE NGENCY 2143421896 F• G+3 v. L v MA.1eiC GOVERNMENTAL SERVICE AGENCY. INC. .,N } 7 ! I(. R Al June 16, 1994 Mr,Jeff Vistein Texas Community Development Program Texas Department of Housing and Community Affairs P. O. Box 13491 Austin,Texas 78711-3941 Dear Mr.Vistein: The City of Wylie has completed an analysis of the following applications for your review and approval. Please note, that in determining the amount of financial assistance being recommended for each applicant we have used the most favorable value (actual cost versus replacement cost) to the applicant. In determining the comparative value for the damaged mobile homes,the NADA Book for Manufactured Homes was used. Frank and Doris Smith(123 Glen Knoll) Amount financed $19,000.00 Compative Value $27,632.16 Down Payment $2,000.00 Payoff $17,559.15 Set-up Cost 0.00 Equity $10,073.01 Total Cost 21,000.00 Set-up cost 0.00 Insurance Payoff $17,559.15 Total Loss $10,073.01 Equity Loss $3,440.85 Recommendation: Award up to$10,000 grant for relocation and rehabilitation assistance. This grant will be used to reduce the mortgage in order to lower the payments and for some improvements to their current replacement dwelling they had in their previous dwelling(heat sensors, security lighting,back porch deck and steps,ceiling fans,skirting, outside receptacles,roof turbines,etc. Wesley and Pam Scallia(101 Glen Knoll) Amount financed $24,005.52 Comparative Value $26,847.56 Down Payment $300.00 Payoff $17,762.29 Set-up Cost $1,000.00 Equity $9,085.27 Total Cost $25,305.52 Set-up $1,000.00 Insurance Payoff $17,762.29 Total Loss $10,085.27 Equity Loss $7,543.23 Recommendation: Award $10,000 relocation assistance grant. Also, city will need to contract for removal of the damaged mobile home from the lot under a bid basis by a private demolition contractor. 9500 Forest Lane, Suite 408 Dallas, Texas 75243 (214)342-1892 Fax (214) 342-1896 JUL- 1-94 FRI 13 : 11 GLV T SERVICE AGENCY 2143421896 F. 04 Paul and Dawn Henry(133 Glen Knoll) Amount financed $26,703.00 Comparative Value $27,384.48 Down Payment $3,000.00 Payoff $21,493.54 Set-up Cost $1,000.00 Equity $5,890.94 Total Cost $30,703.00 Set-up $1,000.00 Insurance Payoff $21,493.54 Total Loss $6,890.94 Equity Loss $9,209.46 Recommendation: Award$10,000 relocation assistance grant. This grant would be used to reduce the mortgage of the replacement dwelling acquired by the applicant or for the acquisition of another replacement dwelling which is more affordable. u an Frederick(134 Glen Knoll) Amount financed $14,900.00 Comparative Value $21,262.40 Down Payment $1,000.00 Payoff $15,900.00 Set-up Cost $0.00 Equity $5,362.40 Total Cost $15,900.00 Set-up $0.00 Insurance Payoff $13,500.00 Total Loss $5,362.40 Equity Loss $2,400.00 Recommendation: Award$5,000 relocation assistance grant. This grant would be used to reduce the mortgage of the replacement dwelling acquired by the applicant. )3srnice Rogers/Carolyn Robinson.(210 Keefer) The closest replacement cost for this dwelling ranged from$44,900 to$48,500 as listed in the most current Realtors Multiple Listing Service for Wylie. Ms. Rogers and Robinson have incurred a loan in excess of$25,000 to help finance their replacement dwelling. However, several more items are needed in order to complete their home. The applicants will incur additional cost for these improvements. Recommendation: Award$25,000 relocation assistance grant to reduce their loan balance. The applicants did not have a house payment prior to the tornado. Glenn and Paula_.Elliot(409 N.Ballard) The Elliot's need work to complete the rebuilding of their house. Recommendation: Award up to$10,000 grant for rehabilitation plus up to$4,513.44 for delinquent house payments to cover one year. During the time the Elliots were rebuilding, they incurred double house payments. As a result of their financial capacity, the Elliots were unable to make both payments. The Elliots have legal liability for this debt. However,in talking with the holder of this mortgage,she has indicated she will work with the City and the Elliots in whatever way is needed in order to get the loan current. Do and Gina B�(507 N. Ballard) The Bean's withdrew their application. JUL— 1-94 FRI 13 : 12 GOVoT SERVICE AGENCY 2143421896 P. 05 We anxiously await your approval on these applications so that we can proceed with dealing with other applications for assistance. Please call me if you have any questions. Sincerely, GOVERNMENTAL SERVICE AGENCY, INC. I i David K. Lewis President JUL- 1-94 FRI 13 : 12 GOV'T SERVICE AGENCY 2143421896 R. 06 V 2144424010 RUSHIN TRUSS CO PO2 1- SERVICII omen - WYLIE MOt4 HOMES 7dg;414 4 4 214/442 7501 Sox :h 1 R W t 1E, ItxAS (t)4i n Vaife 11679 • ---___ J I of� u - Date --.4-9 culr,,„„.r -_ . Ad„,... _ _ , lot f7M��; sate ZIo . id efi gi.1 tor Mq$I -_ .. When Ms4l itt ... ,__Q " �. r.f f`� ^�i .-- ..�. .+. AMKli1/N/� .�� !WOW otilimma Ntl_ _ . ..1 till AM i MAld cARSatITY 1 T , • _... - 1 , WYUE MQ9ILE liOM -• _. -- . WY61 509a - .. .�— Miln7pe .. Milr.�Ca' . ».. ... Per Kin TOTAL 0)410M4 ft S i:t I•Alt 11ECElt'1 MATEfIAL rho:gyve daoefibed win 10S been rPceivcd and inter'laving TEC SERVICE--_ 03010t,d the wn.k +ifnn, the mellerial Tutuist4W berth the _jjkit wrnk and tap tnotfligi have tkpll found to tan v+d.foctory. TAX ...eeilc,r x- -. . - ... — - • rvs own TOTAL �Uf3M 4�iJ M+pt TPJI.R�suw>M• o OAIUIINAL JUL- 1-94 FRI 13 : 13 GOV,T SERVICE AGENCY 2143421896 P. 07 JUN-16-94 THU 13; 11 K. C. SWAYZE EXCAVATING FAX NO, 2144424179 F', U2 K. C. SWAYZE EXCAVATING, INC. P. 0, BOX 1750 WYLIE, TEXAS 75090 (214) 442-4076 (214) 442-4+179 FAX BID PROPOSAL SUBMITTED TO: GOVERNMENTAL SERVICE AGENCY _ PROJECT: DEMOLITION & REMOVAL OF DOUBLE WIDE MOBILE HOME LOCATION: 101 GLEN KNOLL - WYLIE, TIC MENTION: DAVID LEWIS SCOPE OF WORK DEMO & REMOVE FROM PROPERTY DOUBLE WIDE MOBILE HOME LOCATED AT 101 GLEN KNOLL, IAYDI�;, K; - ALL DEBRIS TO BE DISPOSED OF IN A LEGAL MANNER; LEAVE SITE CLEAN AND NEAT IN APPEARANCE; PRICE INCLUDES ALL LABOR, EQUIPMENT, PERMITS, FREIGHT, AND DUMP FEES NECESSARY TO COMPLETE PROJECT; A CERTIFICATE OF INSURANCE WILL BE PROVIDED. TOTAL PRICE: $ 2,400.00 EXCLUSIONS: TOTAL BASE BID: ALTERNATES ADD: ALTERNATES DEDUCT: JOB TOTAL: $ 2.1400.00 • COPII1ENTS: • ... S 4510'33" McMILLEN ROAD ( CO. RD. 298 ) 21.10' . 1. P. int N 89°30'53' E 1552.66' i I. P. , r_ 168._541 11_16 _1 r 7 168.66' T 168.72' _ r 168.78' T- 168.941 -_ i_ 168.91' T 168.97' 20_2.651 CrZ:7) 1-- U.E. 1 1 50' BUILDING LINE t IL-20' DA, U.E. :o o o in in Li 05 I A' (4 I 1 90 I i t- t b 1 k- i 1 & in 1 i f z a a\ co N %.0 1 PI V) 4 ,;4 4 ci ei ci ci 1 C'S 11 CU NC°11.5.1 411) 2 1 CO 1 I CD co n j CD CO a j 67:S) CO a j CD co cu CD ao, 1 CD co cu CD 0 z 1: 1.1000 ACRES x 1.1000 ACRES 1.1000 ACRES x 1.1000 ACRES x 1.1000 ACRES x 1.1000 ACRES x 1.1000 ACRES x -111 •tx a I1... ce _.. cc i— I cc 1.1000 ACRES x 1.4116 ACRES l 1-- ) o o o o 0 o o 0 go CO z z z I z O CD 0 5' D.L U.E.--ft-...._ r._14' D.& U.E. in CD ___ 714' D.t. U.E. --... .—14' D.L U.E.Z I 14' D L U E I I..._ 19' D.L U.E. ----."- [...._14' D.L U.E. 1-4,--14' D.L U.E. --0,- 1.01---14' D.L U.E. i V) 168.54 I 168.60' 1 1 168.66' I 168.72' 168.78' I_ 168.84' _1 168.91' -- I 168.97' _ - 216.99' 60 I. P. S 89°28'46" W 1567.01' , \--- ) ., 55' • N 0 T Es D. & U.E. Drainage and utility easement 45.etelAs) / I i PRELIMINARYAM PLAT yo-infktl. _..... mcmoLLEN Es=_ A\TFR SERVICES PLAN FOR PROPERTIES IDENTIFIED FOR POSSIBLE ANNEXATION .TULY 1 9 9 4 SERVICES PLAN FOR PROPERTIES PROPOSED FOR ANNEXATION The following constitutes the "Services Plan" (as required by §43.056 of the Texas Local Government Code) pertaining to the properties identified for possible annexation by City of Wylie Ordinance No. 94-17. The plan applies collectively to all seventeen of the properties proposed for annexation unless otherwise indicated. The City anticipates full provision of all municipal services to the annexed areas within the allowed time of four and one-half years following the annexation. PART I. SERVICES TO BE PROVIDED BY OCTOBER 8, 1994 A. General The following services will be provided to all of the annexed properties within 60 days following the effective date of the annexation: 1) Police Protection; 2) Fire Protection; 3) Solid Waste Collection; 4) Maintenance of Water and Waste Water Facilities (except those facilities which are within the service area of another water or waste water facility); 5) Maintenance of Roads and Streets (including road and street lighting and excluding State Roads);' 6) Maintenance of Parks, Playgrounds, and Swimming Pools;' 7) Maintenance of Any Other Publicly owned facility, building, or service; ' 1 Applies only if the indicated improvements are presently in existence in the annexed areas. B. Detail Of Services To Be Provided 1. POLICE PROTECTION The City of Wylie, Texas, and its Police Department will provide police protection to the newly annexed areas at the same or similar level of service now being provided to other areas of the City of Wylie, Texas, with similar topography, land use and population within the newly annexed area. 1 2. FIRE PROTECTION AND AMBULANCE SERVICE The City of Wylie, Texas, and its Fire Department will provide fire protection and ambulance service to the newly annexed tract at the same or similar level of service now being provided to other areas of the City of Wylie, Texas, with similar topography, land use and population within the City. Further, the City of Wylie Fire Department and Ambulance Service will respond to all dispatched calls and requests for service or assistance within the newly annexed area. 3. SOLID WASTE COLLECTION At the present time the City of Wylie, Texas, is using a designated, specific contractor for collection of solid waste and refuse within the city limits of the City of Wylie, Texas. Such contract for solid waste collection is with Browning-Ferris Industries (BFI). Upon payment of any required deposits and the agreement to pay lawful service fees and charges, solid waste collection will be provided to citizens in the newly annexed area to the extent that the City's contractor has access to the area to be serviced. 4. MAINTENANCE OF WATER AND WASTE WATER FACILITIES Any and all water or waste water facilities owned or maintained by the City of Wylie, Texas, at the time of the proposed annexation shall continue to be maintained by the City of Wylie, Texas. Any and all water or waste water facilities which may be acquired subsequent to the annexation of the proposed area shall be maintained by the City of Wylie, Texas, to the extent of its ownership. The now existing water line mains at their existing locations shall be available for point of use extension based upon the City's standard water extension policies now existing or as may be amended. The City Council of the City of Wylie, Texas, believes that septic systems can adequately accommodate the raw sewage in the area proposed to be annexed, until such time as the properties hook onto the City's waste water system. 5. MAINTENANCE OF ROADS AND STREETS Any and all roads, streets or alleyways which have been dedicated to the City of Wylie, Texas, or which are owned by the City of Wylie, Texas, shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in areas with similar topography, land use and population density. Any and all lighting of roads, streets and alleyways which may be positioned in a right-of-way, roadway or utility company easement shall be maintained by the applicable utility company servicing the City of Wylie, Texas, pursuant to the rules, regulations and fees of such utility. 2 6. MAINTENANCE OF PARKS, PLAYGROUNDS AND SWIMMING POOLS The City is not aware of the existence of any parks, playgrounds or public swimming pools now located in the area proposed for annexation. In the event any such parks, playgrounds or swimming pools do exist and are public facilities, the City of Wylie, Texas, will maintain such areas to the same extent and degree that it maintains parks, playgrounds and swimming pools and other similar areas of the City now incorporated in the City of Wylie, Texas. 7. MAINTENANCE OF ANY PUBLICLY OWNED FACILITY. BUILDING OR MUNICIPAL SERVICE The City Council of the City of Wylie, Texas, is not aware of the existence of any publicly owned facility, building or other municipal service now located in the area proposed for annexation. In the event any such publicly owned facility, building or municipal service does exist and are public facilities, the City of Wylie, Texas, will maintain such areas to the same extent and degree that it maintains publicly owned facilities, buildings or municipal services of the City now incorporated in the City of Wylie, Texas. PART II. SERVICES TO BE PROVIDED WITHIN FOUR AND ONE-HALF YEARS (Construction To Commence Within Two and One-Half Years) A. POLICE PROTECTION, FIRE PROTECTION & SOLID WASTE COLLECTION The City Council of the City of Wylie, Texas, finds and determines it to be unnecessary to acquire or construct any capital improvement within 2' years of the effective date of the annexation of the particular annexed area for the purposes of providing police protection, fire protection or solid waste collection. The City Council finds and determines that it has at the present time adequate facilities to provide the same type, kind and level of protection and service which is presently being administered to other areas already incorporated in the City of Wylie, Texas, with the same or similar topography, land use and population density. B. WATER AND WASTE WATER FACILITIES All extensions and hook ups will be pursuant to the City's standard water and waste water extension policies as the same currently exist or are hereafter amended. Please note City Ordinance 90-9 (copy attached) which requires the property owner to pay for cost of extending 3 service when existing service is within 500 feet of the subject property. Tracts 1 and 2 (1305 and 1102 S. Ballard): There is an existing 12" water line across Ballard on West side which the owners of these tracts could tie into. There is an existing sewer line on the south side of Stoneybrook, approximately 450 feet to the North which could be accessed. An alternate waste water tie on would be in the unplatted Southplace Subdivision as and when the same is developed and placed on City system, this subdivision is adjacent to the subject properties immediately to the East. In either case the cost of tying on to the City's existing water and waste water lines would be the responsibility of the owners under the City's policy, as created by Ordinance 90-9, to have the owner pay for all required extensions where existing line is within 500 feet of property. TRACT 3 (1012 E. Brown): There is an existing 8" waterline across Brown Street to the North (approximately 20 feet) which the owner of this tract could tie into. There is an existing 12" sewer line approximately 50 feet to the East which could be accessed. The cost of tying on to the City's existing water and waste water lines would be the responsibility of the owners under the City's policy, as created by Ordinance 90-9, to have the owner pay for all required extensions where existing line is within 500 feet of property. TRACT 4 (930 E. Brown): There is an existing 2" waterline across Brown Street to the North (approximately 20 feet) which the owner of this tract could tie into. There is an existing 15" sewer line approximately 150 feet to the East which could be accessed. The cost of tying on to the City's existing water and waste water lines would be the responsibility of the owners under the City's policy, as created by Ordinance 90-9, to have the owner pay for all required extensions where existing line is within 500 feet of property. TRACTS 5 and 6 (712 and 702 Lynda Lane): Both tracts lie within the jurisdiction of Wylie Northeast Water Supply Corporation and should be receiving water service from the said WSC. The WSC jurisdiction and right to serve the properties would continue following annexation, unless and until the City would receive authority to expand its Certificate of Convenience and Necessity to include these areas. The City does not presently anticipate any such expansion. The nearest waste water line is located on the East side of Eubanks approximately 550 4 feet south of Tract V and 300 feet South of Tract VI. The City proposed to have the cost of extending the line to each of the properties shared equal between the parties. The basis of the proposal being that the City's extension policy, as established in Ordinance 90-9 is for the owner to pay for the cost of extension if the existing line is within 500 feet. In this instance the line is within 500 feet of Tract VI and therefore would be extended to the property by the owner, at which time the line would then be within 500 feet of Tract V who would only have responsibility to pay for a small extension. Therfore it is more equitable for the tracts to share in the cost of the extension. TRACTS 7 and 8 (331 Hooper Rd.): There is an existing 8" water line approximately 200 feet from the NW corner of the Tracts which the owners of the tracts could tie into. There is an existing 8" sewer line approximately 30 feet to the West across Hooper Road which could be accessed. The cost of tying on to the City's existing water and waste water lines would be the responsibility of the owners under the City's policy, as created by Ordinance 90-9, to have the owner pay for all required extensions where existing line is within 500 feet of property. TRACT 9 (1250 W. Brown): There is an existing 8" water line on the south side of Brown Street (same side property is located on) as well as a 12" line on the north side of Brown Street, thus the City does not need to do anything further to provide water service to the property. The nearest waste waster line is approximately 1,200 feet to the East in the Westgate Subdivision. For various reasons the City does not deem it practical to access this line. Consequently is will be necessary to construct a waste water line to service the area. The City anticipates construction of a line along Brown Street which would run to the southwest to connect into existing main in the NE quadrant of the intersection of FM 1378 and FM 544. The City anticipates commencing construction of this line during the spring and summer months of 1996 and completion in not more than two years thereafter. The construction could begin sooner if the property on the north side of Brown Street is begins development. The property owner could then access this line at their expense. TRACT 10 (725 W. Brown): There are presently 6" and 8" water lines available, as well as an 8" waste water line, in Westgate Subdivision which is adjacent to the property. The City does not need to do anything further to provide water and waste water service to this property. All expenses of tying on to the water and waste water utilities would be borne by owner. 5 TRACTS 11 and 12 (1320 and 1310 W. Brown) There is presently an 8" water line on the South side (same side as subject tract) of Brown Street which could serve the properties. The City does not need to do anything further to provide water service. The cost of hook up would be on the owners. The nearest waste water line is approximately 2,300 feet east in the Westgate Subdivision. For various reasons the City does not deem it practical to access this line. Consequently is will be necessary to construct a waste water line to service the area. The City anticipates construction of a line along Brown Street which would run to the southwest to connect into existing main in the NE quadrant of the intersection of FM 1378 and FM 544. The City anticipates commencing construction of this line during the spring and summer months of 1996 and completion in not more than two years thereafter. The construction could begin sooner if the property on the north side of Brown Street is begins development. The property owner could then access this line at their expense TRACTS 13 and 14 (lying south of but not adjacent to 1300-1500 Blk of W. Brown): These properties would be served by the 8" water line running on the south side of Brown Street. Tract 14 (TU Electric) borders Brown Street therefore the City would have no further responsibility in provision of water service. Tract 13 lies approximately 600 feet south of W. Brown Street and would require extension of the line south from Brown Street. The City would be responsible for one-sixth of the cost of the extension, including any easement costs. The nearest waste water line is approximately 2,200 feet east in the Westgate Subdivision. For various reasons the City does not deem it practical to access this line. Consequently is will be necessary to construct a waste water line to service the area. The City anticipates construction of a line along Brown Street which would run to the southwest to connect into existing main in the NE quadrant of the intersection of FM 1378 and FM 544. The City anticipates commencing construction of this line during the spring and summer months of 1996 and completion in not more than two years thereafter. The construction could begin sooner if the property on the north side of Brown Street is begins development. The property owner could then access this line at their expense 6 TRACT 15 (2700 Block of W. FM 544): There is presently existing an 8" water line and an 8" waste water line at the west property line and therefor the City needs to do nothing further to provide water and waste water service to the property. The expense of tying on would be the responsibility of the owner. TRACT 16 (2722 W. FM 544): An 8" water line is located on the south side (same side as property) of FM 544, approximately 150 feet to the west. There is an 8" waste water line 200 feet to the west. Since the existing lines are within 500 feet of the property the City has no further responsibility to extend the lines. TRACT 17 (2710 W. FM 544): The property would receive water service from a 12" stub out located adjacent to the east property line. Waste water service would be provided from an 8" line along west side of Hooper Road (same side as property) adjacent to the east. The City would have no further responsibility to extend either of these utility services and tie on would be at owners expense. C. ROADS AND STREETS Within 2' years from the date of the annexation of the proposed area, the City of Wylie, Texas, with a cooperative effort of the City's designated utility company, will undertake to provide the same degree of road and street lighting as is provided in areas of similar topography, land use and population density within the present corporate limits of the City of Wylie, Texas. Maintenance of properly dedicated roads and streets will be consistent with the maintenance provided by the City to other roads and streets in areas of similar topography, land use and sub- development of the annexed property, the developers will be required pursuant to the ordinances of the City of Wylie, Texas, to provide internal and peripheral streets and to construct those streets in accordance with the specifications required by the City of Wylie, Texas, for a properly dedicated street. D. MAINTENANCE OF PARKS. PLAYGROUNDS. AND SWIMMING POOLS, AND THE MAINTENANCE OF ANY OTHER PUBLICLY OWNED FACILITY. BUILDING OR SERVICE To the extent that it becomes necessary because of development demands, population growth, and a bona fide need, the City Council of the City of Wylie, Texas, will undertake to provide any such facility which it deems necessary to adequately provide for the health and safety 7 of the citizens of the newly incorporated area based upon the standard considerations of topography, land use and population density. PART III. MODIFICATIONS, ADOPTION AND FINDINGS The above and foregoing plan is a proposal on the part of the City of Wylie concerning provision of City services to the areas to be annexed. The plan is subject to change, pending information received at public hearing. The final version of the Services Plan will be approved and adopted as part of any annexing ordinances that are passed. It is the City's intention that this plan fully comply with all requirements of §43.056 of the Local Government Code. The City anticipates that the plan will be finally structured in a fashion so as to allow the City Council, incident to approval of the Services Plan, to make the following findings: 1.That this proposed Service Plan will not provide any fewer services, and it will not provide a lower level of service in the area proposed to be annexed than were in existence in the proposed area at the time immediately preceding the annexation process. 2. That the rural nature of the area is characteristically different from other more highly developed areas within the corporate limits of the City of Wylie, Texas. Consequently, because of the differing characteristics of topography, land utilization and population density, the service levels which may ultimately be provided in the newly annexed area may differ somewhat from services provided other areas of the City of Wylie, Texas. These differences are specifically dictated because of differing characteristics of the property and the City of Wylie, Texas, will undertake to perform consistent with this contract so as to provide this newly annexed area with the same type, kind and quality of service presently enjoyed by the citizens of the City of Wylie, Texas, who reside in areas of similar topography, land utilization and population. Submitted and filed with the City Secretary this 11th day of July, 1994, at 3:ov . ock p.m. .,�� ////, By 8 INDEX TO TRACTS PROPOSED FOR ANNEXATION TRACT 1: S. Ballard St. North of Fire Station; Abst. 23, Tr. 32, 0.50 a. Owner: Roy L. Taylor and Elizabeth M. Taylor, 1305 S. Ballard, Wylie TX 75098 Water: 12" line west side of Ballard 75 ft. Sewer: 8" line on south side of Stoneybrook 450 ft. Street Address: 1305 S. Ballard TRACT 2: S. Ballard St. North of Fire Station; Abst. 23, Tr. 33, 0.50 a. Owner: Ernesto Almodovar, Box 1115, Wylie, TX 75098 Water: 12" line west of Ballard 75 ft. Sewer: 8" line on south side of Stoneybrook 350 ft. Street Address: 1102 S. Ballard TRACT 3: SW Corner of Brown and W.A. Alien (Eubanks); Abst. 688-5, Tr. 115, 1.995 a. Owner: Michael Gerard Byboth& Brenda Kay Byboth, 1012 E. Brown, Wylie TX 75098 Water: 8" line 20 ft. the North Sewer: 12" 50 ft. east Street Address: 1012 E. Brown TRACT 4: E. Brown Next to Shiloh Baptist Church; Abst. 688-4, Tr. 107, 1.115 a. Owner: Eduardo De La Puente, P.O. Box 1060, Wylie TX 75098 Water: 2" line on north side of Brown 10 ft. to north Sewer: 15 " line 150 ft. to east Street Address: 930 E. Brown (i) TRACT 5: Eubanks N. of St. Louis Southwestern RR; Abst. 688-2, Tr, 71, 2.08 a. Owner: Lorene Virginia Hade-Freeman, 3065 Cameo Ln, Farmers Branch, TX 75234 Water: 12" line on east side of Eubanks 600 ft. south Sewer: 12" line on Eubanks 550 ft south Street Address: 712 Lynda Lane TRACT 6: Eubanks N. of St. Louis Southwestern RR; Abst. 688-2, Tract 73, 1.699 a. Owner: James E. Holt and Barbara G. Holt, 103 Moonlight Dr, Plano, TX 75094 Water: 12" line on east side of Eubanks 300 ft. south Sewer: 12" line on Eubanks 300 ft. south Street Address: 702 Lynda Lane TRACT 7: Hooper Rd. So. of Hooper Business Park; Abst. 703, Tr. 10. 1.717 a. Owner: Edgar L. Dement, 1000 Wilson Rd., Wylie, Texas 75098 Water: 8" line east side of Hooper Rd at northwest corner Sewer: 8" line west side of Hooper Rd. Street Address: unknown TRACT 8: Hooper Rd. So. of Hooper Business Park; Abst. 703, Tr. 2 and 3, 5.367 a. Owner: Janelle Rothenberger, 331 Hooper Rd., Wylie, TX 75098 Water: 8" line east side of Hooper Rd 200 ft. northwest Sewer: 8" line west side of Hooper Rd. Street Address: 331 Hooper Rd. (ii) TRACT 9 W. Brown at Nortex Nursery, Abst 266, Tr. 18, 1.0 a. Owner: William F. Young, 1250 W. Brown, Wylie, TX 75098 Water: 8" line south side of Brown adjacent to north and 12" line on east side Sewer: 8" line 1,200 ft. east in Westgate subdivision Street Address: 1250 W. Brown TRACT 10: SW Corner of Brown and Carriage House, Abst. 266, Tr. 5, 1.052 a. Owner:Edward K. Dowden, 725 W. Brown, Wylie TX 75098 Water: 6" and 8" lines in adjacent Westgate Subdivision Sewer: 8" line available in adjacent Westgate Subdivision Street Address: 725 W. Brown TRACT 11: W. Brown W. of Nortex Nursery, Abst. 266, Tr. 13, 17, and 20, 1.3 a. Owner: Peggy Pollaehn, 1320 W. Brown, Wylie TX 75098 Water: 8" line on south side of Brown adjacent to north side of property Sewer: 8" line 2,300 ft. east in Westgate Subdivision Street Address: 1320 W. Brown TRACT 12: W. Brown W. of Nortex Nursery, Abst. 266, Tr. 7, .78 a. Owner: J.R. Eaves, 1310 W. Brown, Wylie TX 75098 Water: 8" line on south side of Brown adjacent to north side of property Sewer: 8" line 2,000 east in Westgate Subdivision Street Address: 1310 W. Brown (iii) TRACT 13: S. of W. Brown and W. of Nortex Nursery, Abst. 266, Tr. 15, 1.071 a. Owner: Con-Dor Pipeline Co., Inc., Box 1267, Ponca City, OK 74603 Water: 8" line on south side of Brown 600 ft. north Sewer: 8" line 2,200 ft. east in Westgate Subdivision Street Address: Not on a street - lies south of 1400 Block of W. Brown TRACT 14: S. of W. Brown and W. of Nortex Nursery, Abst. 266, Tr. 6, 5.599 a. Owner: TU Electric, 2001 Bryan Tower, Suite 2035, Dallas TX 75201 Water: 8" line on south side of Brown adjacent to north side of property Sewer: 8" line 2,000 east in Westgage Subdivision Street Address: Runs SW from approx 1300 Brown to point south of 1500 Brown TRACT 15: FM 544 N. of Steel Industrial Park; Abst. 835, Tr. 7, 3.06 a. Owner: Patsy Sue Flanagan, 1090 FM 546, Princeton TX 75407 Water: 8" line on south side of FM 544 adjacent to the west Sewer: 8" line on west property line Street Address: 2700 Block of W. FM 544 TRACT 16: FM 544 W. of Hooper Business Park; Abst. 835, Tr. 8 and 10, 7.96 a. Owner: Billy F. Davis, 105 Tanglewood Ct., Wylie TX 75098 Water: 8" line on south side of FM 544 150 ft. to the west Sewer: 8" line 200 ft. to the west Street Address: 2722 W. FM 544 (iv) TRACT 17: SW Corner of FM 544 and Hooper Rd.,; Abst 835, Tr. 12, 5.42 a. Owner: William A. Henry 2710 W. FM 544, Wylie, TX 75098 Water: 12" stub out adjacent to east, on south side of FM 544 Sewer: 8 " Sewer on Hooper Rd. adjacent to east Street Address: 2710 W FM 544 (v) City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Finance Department DIRECTOR: Brady Snellgrove DATE REFERENCE NO. SUBJECT 7/12/94 dr Transfer of Tax Billing and Collections SUMMARY OF SUBJECT: The staff is recommending that the City Council designate and authorize the Tax Assessor Collector of Collin County to assess and collect taxes for the City of Wylie. The County will perform all the duties relating to the assessment and collection of taxes for $0.75 per parcel. Based on -an estimate of 5,200 parcels, the cost to the City would be approximately $3,900 a year. The savings in postage and tax software support costs will be approximately $4,700. ALTERNATIVES: 1 .) Accept the Staff's recommendation. 2.) Reject the recommendation. ACTION REQUESTED: 1 .) Staff recommendation is for Council to adopt ordinance authorizing the County Tax Assessor to assess and collect taxes for the City. REVENUE SOURCES: EXPENDITURE ACCOUNTS: (;Pnrral Ft Inri Fiscal Year 1994/1995 BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ $3,900 PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS iS1 ONE-TIME El $ CAPITAL ❑ RECURRING 10 OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: )C 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 ACTING CITY MANAGER KENNETH L. MAUN, CPA Tax Assessor Collector Collin County 1434 N. Central Expwy. , Ste. 116 P.O. Box 8006 McKinney, TX 75070-8006 (214) 547-5020 METRO 424-1460 May 5, 1994 Mr. John AkAti, Mayor City of W,,' ie P.O. Bo .' 428 Wylie, X 75098 De, Mr. Akin: I , as Tax Assessor Collector of Collin County, want to save you, and the City of Wylie, from $75 , 000 . 00 to $150, 000 . 00 per year, starting immediately. At a time when budgets are impossible and the taxpayers are feeling pain, I am astonished that I am able to offer a way to reduce your on-going expenses . I had no idea that your tax collection expenses were so high. A consolidation of tax payments will also assist many taxpayers who are overwhelmed by the number of bills they are receiving. The fee for me to be your Tax Assessor Collector would be approximately $4 ,067 .25 per year. Your current cost of property tax collection services will range from a possible low of $75, 000 . 00 to our estimate approximating $150,575 .72 . A copy of our estimate of your costs is attached. The County Commissioners have requested that I collect $0 . 75 per parcel each year for property tax collection services . That means that where you had 5,423 current parcels for 1993, the annual fee would be $4 ,067 .25 5,423 x $0 . 75 . This fee would also include collection services for all delinquent accounts . The fee each year is based solely on the number of current accounts, even though services are performed on the delinquent accounts as well . Mr. John Akin May 5 , 1994 Page 2 of 3 In many taxing entities, $0 . 75 is close to the postage costs for annual tax collection. There are at least three mailings; original, delinquent, and May statements (which allow pass-thru of delinquent attorney costs) . There are also mailings for changes of address , ownership, mortgage companies, duplicate statements, etc . Except for your banking relationship, which you must have for the operation of the entity; almost all other costs and difficulties of dealing with questions unique to tax and collections are eliminated. The county has the usual personnel costs, fringe benefits , space, equipment, computer systems, education, travel, telephone and other costs . These costs are already incurred for the operation of this office. These costs would no longer be necessary at an entity. The county tax office acquired a new property tax collection system in 1992 . This system (ProTech of Houston) was selected after we had reviewed all of the active tax collection systems in the state. We believe that it is one of the best available for our size, and we have now proven it and are very comfortable that we can offer reliable, accurate service. Naturally, the Tax Assessor Collector and staff are available to assist on all questions about assessing, collecting and thenecessary administrative filings . We have a property tax staff' of nine, not including accounting personnel, and are open 42 hours per week, 52 weeks per year to serve you and your taxpayers . The Texas Property Tax Code (Sec 6 . 22 (c) , copy enclosed) states that the governing body, by official action may require the county to assess and collect taxes for the unit. This basically says that if your city council passes a ordinance requiring the county to collect the entity taxes, I must do so. This does not give me a choice. I am required by law to do so. The same section also allows your city council to revoke the requirement at any time they may so desire in the same manner. Mr. John Akin May 5 , 1994 Page 3 of 3 The Texas Property Tax Code (Sec 6 . 27 (b) , copy enclosed) allows a reasonable fee, not to exceed actual costs . The County Commissioners have requested that I collect a fee of $0 . 75 per parcel . The incremental costs of collection will definitely not exceed $0 .75 per parcel . The county delinquent attorney is the same one who serves the city. We try to provide complete service to him, as he represents us . This same service would include all suits , judgements, bankruptcies, problems, and inquiries on your tax information. As we consider the attorney as assisting us in tax collections, we definitely work to cooperate and assist in every way. This office is currently providing collection services to Collin County, Collin County Community College District, Community ISD, Melissa ISD, and a number of cities . Several other entities have requested that we provide them with information this year. A sample ordinance is enclosed which was designed for action by a city. I would like to transfer monies representing taxes collected on a daily basis during the high collection periods , and on a weekly basis during the remainder of the year unless large amounts have been received. A sample of some reports that are sent to each entity are enclosed. I will be glad to answer any further questions that you may have, and to help in any way possible. Since ely, Kenneth L. aun, PA Tax Assessor Col ector cc: List Attached enclosures TAXCOLCW § 6.22. Assessor and Collector for Other Taxing Units (a) The assessor and collector for a taxing unit other than a county or a home-rule city are determined by the law creating or authorizing creation of the unit. (b) The assessor and collector for a home-rule city are determined by the city's charter and ordinances. (c) The governing body of a taxing unit authorized to have its own assessor and collector by official action in the manner required by law for official action by the body may require the county to assess and collect the taxes the unit imposes in the county in the manner in which the county assesses and collects its taxes. The governing body of the unit may revoke the requirement at any time by the same official action. Acts 1979, 66th Leg., p. 2227, ch. 841, § 1, eff. Jan. 1, 1982. § 6.23. Duties of Assessor and Collector (a) The county assessor-collector shall assess and collect taxes on property in the county for the county. He shall also assess and collect taxes on property for another taxing unit if: (1) the law creating or authorizing creation of the unit requires it to use the county assessor-collector for the taxes the linit imposes in the county; (2) the law creating or authorizing creation of the unit does not mention who assesses and collects its taxes and the unit imposes taxes in the county; (3) the governing body of the unit requires the county to assess and collect its taxes as provided by Subsection (c) of Section 6.22 of this code; or (4) required by an intergovernmental contract (b) The assessor and collector for a taxing unit other than a county shall assess, collect, or assess and collect taxes, as applicable, for the unit. He shall also assess, collect, or assess and collect taxes, as applicable, for another unit if: (1) required by or pursuant to the law creating or authorizing creation of the other unit; or (2) required by an intergovernmental contract. Acts 1979, 66th Leg., p. 2227, ch. 841, § 1, eff. Jan. 1, 1982. Amended -by Acts 1981, 67th Leg., 1st C.S., p. 125, ch. 13, § 22, eff. Jan. 1, 1982; Acts 1983, 68th Leg., p. 4819, ch. 851, § 2, eff. Aug. 29, 1983. § 6.27. Compensation for Assessment and Collection (a) Repealed by Acts 1983, 68th Leg., p. 4829, ch. 851, § 28, eff. Aug. 29, 1983. (b) The county assessor-collector is entitled to a reasonable fee, which may not exceed the actual costs incurred, for assessing and collecting taxes for a taxing unit pursuant to Subdivisions (1) through (3) of Subsection (a) of Section 6.23 of this code. (c) The assessor or collector for a taxing unit other than a county is entitled to reasonable compensation, which may not exceed the actual costs incurred, for assessing or collecting taxes for a taxing unit pursuant to Subsection (b) of Section 6.23 of this code. • Acts 1979, 66th Leg., p. 2230, ch. 841, § 1, eff. Jan. 1, 1982. Amended by Acts 1981, 67th Leg., 1st C.S., p. 123, ch. 13, § 26, eff. Jan. 1, 1982; Acts 1983, 68th Leg., p. 4829, ch. 851, § 28, eff. Aug. 29, 1983. LOCAL ADMINISTRATION § 6.30 Ch. 6 § 6.30. Attorneys Representing Taxing Units (a) The county attorney or, if there is no county attorney, the district attorney shall represent the county to enforce the collection of delinquent taxes if the commissioners court does not contract with a private attorney as provided by Subsection (c) of this section. (b) The governing body of a taxing unit other than a county may determine who represents the unit to enforce the collection of delinquent taxes. If a taxing unit collects taxes for another taxing unit, the attorney representing the unit to enforce the collection of delinquent taxes may represent the other unit with consent of its governing body. (c) The governing body of a taxing unit may contract with any competent attorney to represent the unit to enforce the collection of delinquent taxes. The attorney's compensation is set in the contract, but the total amount of compensation provided may not exceed 20 percent of the amount of delin- quent tax, penalty, and interest collected. (d) Repealed by Acts 1983, 68th Leg., p. 4829, ch. 851, § 28, eff. Aug. 29, 1983. (e) A contract with an attorney that does not conform to the requirements of this section is void. Acts 1979, 66th Les., p. 2231, ch. 841, § 1, eff. Jan. 1, 1982. Amended by Acts 1981, 67th Leg., 1st C.S., p. 126, ch. 13, § 28, eff. Jan. 1, 1982; Acts 1983, 68th Leg., p. 4829, ch. 851, §§ 4, 28, eff. Aug. 29, 1983.