09-12-1989 (City Council) Agenda Packet L1ATE POSTED 9-8-89
TThE POSTED 4:00 P.M.
AGENDA
REGULAR MEETING, CITY COUNCIL
CITY OF WYLIE, TEXAS
TUESDAY, SEPTEMBER 12 , 1989
7 :00 P. M. COUNCIL CHAMBERS
MUNICIPAL COMPLEX
2000 HWY 78 NORTH
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
1 1 - 37 Consider approval of the minutes of the
August 15th, 22nd and 29th Council meeting
2 - - - Status Report on the Wastewater Collection
System Improvements
CONSENT AGENDA
3 The following items are to be considered as one
item. The Council may move , by motion and second ,
to approve or reject all items contained within.
Any Council member may request that an item or items
be pulled from the Consent Agenda and considered
separately. If such a request is made, those items
will occur in numerical order immediately following
the vote on the Consent Agenda .
38 - 40 A. Tommy E. Hutson Permanent Utility Easement
- 0 . 0510 Acres
41 - 45 B. Sunbelt Savings - Temporary Construction
Easement
PUBLIC HEARINGS AND READING OF ORDINANCES AND RESOLUTIONS
4 - - - Conduct PUBLIC HEARING on the 1989-90 City of
Wylie Budgets - General Fund, Water/Sewer Fund,
Impact Fund , Lift Station Fund and Sanitation
Fund
5 46 - 47 Consider approval of an ordinance adopting the
1989-90 Budgets - General Fund, Water/Sewer
Fund, Impact Fund , Lift Station Fund and
Sanitation Fund
6 48 - 53 Consider approval of an ordinance setting the
1989 Tax Rate for the City of Wylie
7 - - - Conduct PUBLIC HEARING on the zoning request of
Mr . i"ielvin St . John to change zoning from SF 3
to Business One on Tract 5A (29 ) out of the
Atterberry Survey, Abstract No . 23 ( located on
the SE corner of Ballard St . and Stone Road)
8 54 - 55 Consider approval of the re-zoning of Tract 5A
(29 ) out of the Atterberry Survey, Abstract No.
23 to Business One (B-1) ( located on the SE
corner of Ballard St . and Stone Road)
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
9 56 -58 Consider approval of an Ordinance establishing
maximum lawful Prima Facie Speed Limits at
certain locations on Stone Road , South Ballard ,
Brown St . , Old Highway No. 78 and McCreary
Road , providing for the erection of signs ,
providing for the repeal of all ordinances in
conflict , except Ordinances designating School
Zones and Speed Limits therein for Brown Street
and Stone Road , providing a Severability
Clause; providing a Penalty of Fine not to
exceed the sum of Five Hundred Dollars
($500 .00) for each offense; and providing for
an Effective Date
PUBLIC HEARINGS AND READING OF ORDINANCES AND RESOLUTIONS (Cont . )
10 59 - 66 Consider approval of a Resolution and Agreement
supporting the Railroad Grade Crossing for
McCreary Road between the City of Wylie and the
St . Louis Southwestern Railway Company
11 67 - 69 Consider approval of a Resolution nominating
candidates for the Board of Directors for the
Central Appraisal District
12 70 - 71 Consider approval of a Resolution supporting
and encouraging the Texas Highway Commission to
approve the construction of State Highway 190
between IH 35 (E) and the Dallas North Tollway
13 72 Consider approval of a Resolution expressing
appreciation to the State Department of
Highways and Public Transportation for
construction of the right turn lane on State
Highway 78 and the FM 544/Kirby Street
Intersection
14 73 - 81 Consider approval of a Resolution and Agreement
supporting the Pipe Line License between the
City of Wylie and the Atchison , Topeka and
Santa Fe Railway Company
NEW BUSINESS
15 82 - 94 Consider authorization for city staff to
advertise for sealed, competitive bids for
annual contract for motor fuel
16 - - - Consider approval of and naming of the Court
Yard at the Municipal Complex
17 95 - 96 Consider approval of and the naming of a street
within the City Limits , was formerly designated
as C.R. 851 until it was annexed - suggested
name of MARSHALL LANE
APPROVAL OF PURCHASE/PAYMENT
18 - - - Consider approval of payment request to Shimek,
Jacobs , Finklea in the amount of $26 ,000 . for
past services rendered
19 97 - 103 Consider approval of payment request to Hunter
& Associates in the amount of $16 ,049 . 36 - in
connection with the Wastewater Collection
System Improvements
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
20 104 - 106 Consider approval of payment request to Lane &
Associates in the amount of $15,000 . for
appraisals of property in connection with the
Wastewater Collection System Improvements
21 107 - 113 Consider approval of the City of Wylie entering
into a Cooperative Purchasing Agreement with
the cities of Rockwall , Rowlett , and Sachse for
the purchase of police vehicles
GENERAL DISCUSSION
22 Citizen Participation
23 Council Discussion
24 Adjourn
CALLED CITY COUNCIL WORK SESSION
AND MEETING - MINUTES
AUGUST 15, 1989
The City of Wylie City Council met in a called work session
and meeting on Tuesday , August 15 , 1989 at 7 :00 P.M. in the
Council Conference Room. A quorum was present and notice of
the meeting had been posted in the time and manner required
by law. Those present were Mayor Chuck Trimble, Mayor Pro
Tem Bud Naish, Council Members Pat Stemple, Steve Wright,
Ortie Messenger , and Jim Swartz , City Manager Charles
Norwood, City Secretary Carolyn Jones and Assist . City
Engineer Ron Homeyer. Councilman Akin was absent
(vacation) .
Mayor Trimble called the meeting to order and Councilman
Messenger gave the invocation.
PRESENTATION BY SHIMEK, JACOBS, FINKLEA ON REGIONAL SEWER
SYSTEM: Mr . Carl Shimek and Mr . Ross Jacobs were present to
make the presentation. Mr . Shimek said the reason for
regional systems is due to the cost for smaller cities to
afford and operate treatment plants. Each year the
pollution requirements are revised and made a littler harder
to comply with. There are four cities involved , Murphy,
Wylie, Sachse and Rowlett . There is a total of 34,500
acres between these cities and and estimated population of
36,000 . If you plan for a period of about 20 years the
estimated population is 120 ,000 . The proposed treatment
plant would be in Rowlett, there would be a line up Muddy
Creek into Wylie and this would also pick up Murphy. The
first step is a four million gallon a day plant, run a line
to Sachse, take over the debt of the City of Wylie plant,
this would be approximately an Eleven Million Dollar project
with completion in 1993 . The 0 & M of the cities combined
into one plant would would amount to $706,000 . per year ,
take population for each city and project it for 1993 , plus
P & I would be equal to $1 .08 per gallon, the City of Wylie
is currently paying $1 . 51 per gallon.
Mayor Pro Tem Naish wanted to know if we would keep the old
plant when the new one is built . Mr . Shimek said keep it
right now as it has been rebuilt recently. This will not be
a big savings today but in the future it will be.
Councilman Messenger requested cost factors be figured to
year 2000/2010 instead of just through 1997 .
Mayor Pro Tem Naish asked Mr . Shimek' s personal opinion of
the regional plant vs our plant. Mr . Shimek said it would
be to your best interest to plan and go with the regional
plant.
Mayor Trimble said you have to get all parties involved and
committed to the plan . Mayor Trimble also said when you get
growth you have to handle the sewer and you have to be ready
before you get the growth.
Mr . Shimek stated the next step would be to decide if Wylie
wants to pursue the Regional concept then set up a meeting
with representatives from each City to begin plans.
VOLUNTEER DONATIONS ADDED TO WATER BILLS : City Manager
Charles Norwood said a copy of what another city has done in
receiving donations on their water bills was sent out to
each Council Member . Staff would like to set up the water
bills for Wylie to have a $1 .00 donation added to the bill
for a special park improvement fund. Mayor Pro Tem Naish
also stated if someone wanted to volunteer their time to
contact City Hall and give the phone number . It was
suggested to make up a sample water bill to hand out to
Council at the next meeting . Also put a write up in the
next quarterly news letter on the possible donations to the
park appearing on the water bills in the future. This is to
be an item on a future agenda as soon as it is possible.
REPORT ON ENGINEERING INVOICE FROM SHIMEK, JACOBS, FINKLEA:
City Manager Charles Norwood said he met with Mr. Jacobs a
few weeks ago and this was in reference to the bill in
excess of the contract amount . Mr. Jacobs said the firm is
willing to settle on $26,000 . instead of the full $51 ,000 .
Mr. Homeyer said the engineering for the force main from
Southfork Mobile Home Park to FM 1378 and the force main
from existing park lift station to Twin Lakes and pump back
to the treatment plant and abandon the park lift station
will be covered in the payment for $26 ,000 . Then the
engineering firm doing the job will not have to do any work
on this part of the project .
City Manager Charles Norwood said the point to decide is do
we feel we owe this or not .
Mayor Trimble said if this can be used and not have to be
done again by another firm, I feel we should act in good
faith and pay it.
City Manager Charles Norwood said he would suggest to go
ahead and approve the payment of $26 ,000 , but wait until we
sell the bonds for the construction project to pay the bill .
DISCUSSION ON THE 1989/90 BUDGET : City Manager Charles
Norwood said this budget , which is the four addition , was
discussed at the last meeting . The Council had tied the
budget down except for the police department and there was
still discussion on 12 hours shifts going to 8 hour shifts.
There was discussion of reducing their pay because they
would be working less hours . Also discussion on doing away
with warrant officer and moving the shift change to October
1. Staff is recommending to go with warrant officer on Oct .
1 and then change the 12 hours shifts to 8 hours shifts in
April . If you take the warrant officer out, we loose
$50,000 in revenues.
Mayor Pro Tem Naish said if you don' t have a warrant officer
you do not spend $34 ,000 so you only loose $16 ,000 in
revenues.
Mayor Trimble said to forget about the warrant officer and
tell us what it will cost to go to the 8 hour shifts . City
Manager Charles Norwood said it will take $65,000 for 8 hour
shift change to be effective Oct. 1 . This budget has it
effective April 1 .
Councilwoman Stemple wanted to know if we were going to
lower the officers pay. City Manager Charles Norwood said
he was not recommending a cut in pay.
Mayor Pro Tem Naish said to let each officer serve warrants
two hours per week. Chief Gilmore said you would not do any
good. It would take two hours just to locate the person.
You have to have one person stay with this type of work full
time.
City Manager Charles Norwood said he has a meeting tomorrow
night with the officers and they have heard we are cutting
their pay when they go to the 8 hour shift. The best thing
we can do is settle this tonight . Put the 8 hour shifts
into effect April 1 and not cut salaries. Give them from
now until April to make their adjustments. Keep the salary
4
same as it is today and go to 8 hours shift and then cut the
incentive plan in half .
Councilman Messenger said keep the incentive pay and cut the
merit pool . City Manager Charles Norwood said the merit and
incentive plan are to different plans, you should not cut
the merit pool .
City Manager Charles Norwood asked the Council to go with
the budget as it is, so we can meet with the officers
tomorrow night and have answers for them. Tell them their
pay will remain the same when they go to the 8 hours shifts
some time after January 1st and the incentive plan was
lowered, but it is still there.
Mayor Trimble recessed the work session and convened Council
into a called meeting.
APPROVAL OF PROFESSIONAL SERVICES FOR RIGHT-OF-WAY
ACQUISITIONS FOR WASTEWATER COLLECTION SYSTEM IMPROVEMENTS:
Mr . Homeyer stated he received proposals for right-of-way
from four firms. They are as follows :
Leon Hurse Company $13,400 .
Rocking B Land Company $16,450.
Evaluation Associates $51 ,800 .
Simmons/Althoff $63 ,000 .
Mr . Homeyer stated that he checked as many of the references
as possible of the two lowest proposals . Both of these
firms are highly recommended due to their past work
performances. Staff recommends Mr. Leon Hurse to perform
the services of right-of-way acquisition agent for the
Wastewater Collection System Improvements .
Councilman Swartz said he would like to see if Mr . Hurse
could acquire the right-of-way needed for the side walks we
have talked about . Mr . Homeyer said he could do this, but
it would be an additional fee.
Councilman Messenger made a motion to hire Leon Hurse
Company to acquire the right-of-way acquisitions needed for
the Wastewater Collection System Improvements. Seconded by
Councilman Swartz . The vote was as follows : Mayor Trimble
- in favor , Mayor Pro Tem Naish - in favor, Councilman
Swartz - in favor , Councilman Wright - in favor , Councilman
Messenger - in favor , and Councilwoman Stemple - in favor.
This motion carried with all in favor .
Mayor Trimble recessed the open meeting and convened Council
into Executive Session at 9 :50 P.M. under the authority of
Article 6252-17 V.A.C.S. , Section 2 paragraph "f" regarding
Real Estate.
Mayor Trimble reconvened Council into open session at 10 : 06
P.M. and there being no other matters of business, a motion
was to adjourn with all in favor.
Chuck Trimble, Mayor
ATTEST :
Carolyn Jones, City Secretary
CITY COUNCIL MEETING
MINUTES
AUGUST 22, 1989
The City of Wylie City Council met in regular session on
Tuesday, August 22, 1989 at 7: 00 P.M. in the Council
Chambers of the Municipal Complex . A quorum was present and
notice of the meeting had been posted in the time and manner
required by law. Those present were Mayor Pro Tem Bud
Naish, Council Members Ortie Messenger, Pat Stemple, Steve
Wright and Jim Swartz , City Manager Charles Norwood, City
Secretary Carolyn Jones, Finance Director James Johnson,
Assist. City Engineer Ron Homeyer, Code Enforcement Officer
Roy Faires, and Chief of Police James Gilmore. Mayor Chuck
Trimble and Councilman John Akin were absent.
Mayor Pro Tem Naish called the meeting to order and Chief
Gilmore gave the invocation and James Johnson led the Pledge
of Allegiance.
APPROVAL OF MINUTES FOR JULY 21ST AND 22ND AND AUGUST 1ST
AND 8TH COUNCIL MEETINGS: Councilman Messenger added the
following statement to the July 21st and 22nd minutes:
Councilman Messenger said he would like to see a basketball
court added , give citizens another recreational activity in
the park and work to be done by the City crews with little
expense. Councilman Messenger also added to the July 21st
and 22nd minutes to promote two of our patrolman to minimum
sergeants pay and hire two patrolman at minimum patrolman
pay, this would be good moral for the police department.
Councilman Messenger also asked if the Fire Department
Budget included any additional items . City Manager Charles
Norwood said no. Councilman Messenger said Fire Department
should get items that they requested.
Mayor Pro Tem Naish corrected the August 1st minutes to
reflect under the General Fund decreased account #03310 -
Parks - Chemicals by $3500 , instead of decrease by $500 .
Motion was made by Councilman Messenger to approve the
minutes of the July 21st and 22nd and August 1st and 8th
minutes as corrected above . Seconded by Councilman Wright.
The vote was as follows : Mayor Pro Tem Naish - in favor,
Councilman Swartz - in favor , Councilman Wright - in favor,
Councilman Messenger - in favor, and Councilwoman Stemple -
in favor. This motion carried with all in favor.
APPROVAL OF PROCLAMATION FOR "RED RIBBON WEEK & DRUG FREE
AMERICA" WEEK OF OCTOBER 22 - 29 , 1989: Mayor Pro Tem Naish
read the proclamation which explains that the government
wishes each entity to voice their concerns and support for
drug free America. Each person can do this by wearing a red
ribbon during this week. Motion was made by Councilwoman
Stemple to approve the proclamation for "Red Ribbon Week &
Drug Free America" week of October 22- 29, 1989 . Seconded
by Councilman Swartz . The vote was as follows : Mayor Pro
Tem Naish - in favor , Councilman Swartz - in favor ,
Councilman Wright - in favor, Councilman Messenger - in
favor , and Councilwoman Stemple - in favor .
APPROVAL OF PROCLAMATION FOR "NATIONAL CONSTITUTION WEEK"
WEEK OF SEPTEMBER 17 - 23 , 1989: City Manager Charles
Norwood asked the City Secretary to give a brief statement
on some of the activities that staff is proposing in the
event that Council approves this proclamation.
City Secretary Carolyn Jones stated this proclamation has
come from the government offices in Washington D. C. and is
requesting each entity to participate in some type of
1/
activities for this special occasion. This is the
Bicentennial of the United States Constitution, and there
will be activities (such as a Bells Across America ceremony
and a parade) during this week.
Councilman Swartz stated some of the people he has talked to
have been very receptive and we have called our
representatives and congressmen to be our Grand Marshals in
the parade on the 23rd of September . I think this is going
to be a very good parade and people are getting very
excited .
Motion was made by Councilman Swartz to approve the
proclamation for "National Constitution Week" week of
September 17 - 23 , 1989 . Seconded by Councilman Messenger .
The vote was as follows : Mayor Pro Tem Naish - in favor,
Councilman Swartz - in favor, Councilman Wright - in favor,
Councilman Messenger - in favor , and Councilwoman Stemple -
in favor . This motion carried with all in favor .
ACTIVITIES FOR NATIONAL CONSTITUTION WEEK : This item was
combined with the above item.
INDUSTRIAL WASTE PROGRAM QUARTERLY STATUS REPORT: Mr . Ron
Homeyer stated that staff is reporting to the Texas Water
Commission as they have requested . We have been monitoring
four businesses in Wylie, during the second quarter they
have had some violations, but no penalties have been
assessed to these businesses as of this date. Everyone is
working toward a goal of compliance of the ordinance and not
being fined at this time. Mr . Homeyer stated that each
business is aware that they are subject to a fine.
Councilman Messenger asked Mr . Homeyer if this ordinance was
on the books yet . Mayor Pro Tem Naish stated that the
ordinance we have needs to be changed . Mr . Homeyer said the
ordinance we passed in 1986 , it has a penalty up to $1,000 .
but we have some areas in the ordinance that needs to be
reviewed and amended.
Mr. Homeyer stated that staff is at a point with these four
businesses in our program to where we can apply the program
to five or six other business.
Councilman Wright wanted to know if the cost of the permit
covered the cost of the program. Mr. Homeyer said the $100 .
fee does not cover my time, other charges are being assessed
to the business.
APPROVAL OF GRAVITY FLOW LINE FOR SOUTHFORK MOBILE HOME PARK
AND PRESIDENTIAL ESTATES - PART OF THE WASTEWATER COLLECTION
SYSTEM IMPROVEMENTS: Mr . Roberts of Hunter & Assn. and Tom
Stang of Hunter & Assn. were present to show the different
routes for the gravity flow from Southfork Mobile Home Park
to Highway 78 . Mr . Roberts stated that their firm has the
contract and it does not matter which way the city decides
to go, the engineering cost will be the same. It would be
to the City' s best interest to go from FM 544 to Highway 78
and not back to Steel Road . There is a main line at Highway
78 and the cost to continue to Highway 78 rather than go
back up to Steel Road is very minimum. After the Council
has made their decision on the route to take with this
gravity flow line, then our firm will complete the plans and
send them to the Texas Water Commission for approval .
Mr . Stang stated there were several ways to take this
gravity flow line, one was to leave Southfork Mobile Home
Park and go through Presidential Estates, down FM 1378 and
up FM 544 to Highway 78 this would be built for full
development. Second was was to go from Southfork Mobile
Home to Presidential Estates and down FM 1378 and back up
c
FM544 to Highway but build only for partial development and
in the future run a line parallel to this one. The third
plan is to go from Southfork Mobile Home Park to
Presidential Estates, down FM 1378 and back up FM 544 to
Steel Road Industrial Park. If the Council goes with the
first plan, it would eliminate the lift station at FM 1378
and FM 544 . Mayor Pro Tem Naish wanted to know the cost of
operating a lift station. Mr. Homeyer said approximately
$17 ,000 for operating expense and $15 ,000 for maintenance.
Mayor Pro Tem Naish wanted to know what staff recommended.
Mr . Homeyer said to go with the gravity flow all the way to
Highway 78 and build for full development . City Manager
Charles Norwood said when never possible, you should stay
away from lift stations .
Councilman Wright wanted to know if the sewer line was large
enough and would it be built for the future. Mr. Homeyer
said this line size will be built for full development.
Councilman Wright said there were two thoughts, one to build
for now or build for future and save money in the long run .
Councilman Swartz said it is a proven fact that anything in
the future will cost you more than what you build today. By
saving a few dollars we will end up spending more in the
future to enlarge.
Motion was made by Councilman Messenger to approve Plan A
for the wastewater gravity flow line from Southfork Mobile
Home Park to Highway 78 and build for full development.
Seconded by Councilman Swartz . The vote was as follows :
Mayor Pro Tem Naish - in favor, Councilman Swartz - in
favor , Councilman Wright - in favor , Councilman Messenger -
in favor , and Councilwoman Stemple - in favor . This motion
carried with all in favor .
APPROVAL OF A RESOLUTION OPPOSING THE LOCATION OF THE
PROPOSED GARLAND SANITARY LANDFILL SITE: Mayor Pro Tem
Naish read the Resolution into the record for the opposition
to the proposed Garland Sanitary Landfill site. Councilman
Messenger said he had received a call from Sue Dillard of
Sachse and said they had formed a group and are fighting
this landfill site. Councilman Messenger said that from a
legal stand point , we have no say, but I am glad we are
getting involved .
Sue Dillard stated that we have been told by our attorneys
that if we had a city speak out against this landfill site,
it would be very helpful to our cause. We want to thank you
for taking interest and supporting us . We have something to
offer in return, a few months ago we did not know what to
do, but today we are organized and we have leadership and we
have working committees and attorneys. I have membership
forms and maps and T-shirts and we would appreciate your
support and everyone is welcome to join our cause.
Councilman Wright said all of us are behind this group and I
want to recognize Max Schied , who has also beeing working on
this project. I give you all of my personal support.
Councilwoman Stemple wanted to commend this group on their
work.
Motion was made by Councilman Wright to approve the
resolution opposing the proposed Garland Sanitary Landfill
site. Seconded by Councilman Messenger . The vote was as
follows : Mayor Pro Tem Naish - in favor , Councilman Swartz
- in favor , Councilman Wright - in favor, Councilman
Messenger - in favor , and Councilwoman Stemple - in favor .
This motion carried with all in favor.
APPROVAL OF AN ORDINANCE ESTABLISHING SPEED LIMITS ON A
SECTION OF MCCREARY RD. , STONE RD. , EAST BROWN AND S.
BALLARD STREETS: Staff has received this ordinance from
the City Attorney, but there are some problems with it.
Staff would request the Council to table this item until the
next regular meeting . Motion was made by Councilman Swartz
to table this item and place it on a future agenda .
Seconded by Councilwoman Stemple. The vote was as follows :
Mayor Pro Tem Naish - in favor , Councilman Swartz - in
favor, Councilman Wright - in favor, Councilman Messenger -
in favor , and Councilwoman Stemple - in favor. This motion
carried with all in favor to table.
APPROVAL OF AN ORDINANCE AMENDING ORD. NO 83-18 BY AMENDING
SECTION 3 .02 ANNUAL INSPECTION FEES, TO PROVIDE AN ANNUAL
INSPECTION FEE OF $10 .00 PER OCCUPIED MOBILE HOME PARK
SPACE; PROVIDING A REPEALING CLAUSE, PROVIDING A
SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE : Mr .
Roy Faires, Code Enforcement Officer , stated this ordinance
is the result of negotiations between Mr . James Johnson and
some of the mobile home park owners , which come from a
pending lawsuite. The original fee was for $20 .00 per
mobile home space and after negotiations, the fee was
lowered to $10 .00 per occupied mobile home space. Staff
recommends approval of this ordinance. Motion was made by
Councilman Swartz to approve the ordinance amending Ord. No.
83-18 . Seconded by Councilman Messenger .
Councilman Wright asked Mr . Faires if he feels like it will
help to have this on rental property. Mr . Faires said no,
the law will not allow this on rental property.
Mayor Pro Tem Naish called for a vote on the above motion.
The vote was as follows : Mayor Pro Tem Naish - in favor,
Councilman Swartz - in favor , Councilman Wright - in favor,
Councilman Messenger - in favor , and Councilwoman Stemple -
in favor. This motion carried with all in favor.
CITIZEN PARTICIPATION: There were no speakers at this time.
COUNCIL DISCUSSION: Councilman Messenger made note that WSA
has two of the ball fields fenced , feels the City should
acknowledge them. Also Councilman Messenger requested that
a letter be sent to Danny White for the autographed football
donated for the pancake supper . Councilman Messenger also
wanted to set up a work session on the priority list for the
1989/90 budget . Councilman Messenger wanted to know if the
staff received the figures from Shimek and Jacobs on the
regional treatment plant . City Manager Charles Norwood said
that Mr . Shimek has not completed the figures, but we should
have them next week.
Councilman Swartz stated a few months ago a council member' s
wife was having a garage sale and we had some problems about
signs. There are a lot of signs up everywhere and I thought
this was being taken care of , are we enforcing this . Chief
Gilmore said he had had no complaints. Mr . Faires said they
are getting permits but Chief and I have not had a chance to
talk about this. If we could do this and then come back to
Council . Councilman Swartz also stated that this was the
weekend Mrs . Norwood would be moving here.
City Manager Charles Norwood said one of the work sessions
council discussed water deposits being raised to $100 . and
reimbursing the citizen one half of the deposit at the end
of the first year if they had not been late and had been an
outstanding customer . Staff has informed me there is a
problem with getting this on our computer and the same
thing is true about the donation to the park fund . City
Manager Charles Norwood also stated he had a very productive
meeting with the other cities about the warrant officer . We
have scheduled another meeting in two weeks.
Mayor Pro Tem Naish stated that in the budget sessions
Council had asked for proposals on firms to check for water
losses. Mr . Homeyer said we have not gone out for
proposals, we are in the process of putting together a
program for checking for leaks.
Mayor Pro Tem Naish also asked Mr . Homeyer about the list of
property owners who will be involved on the wastewater
collection system that the Council could contact regarding
their easements . Mr. Homeyer said he has just received the
easements and has not had a chance to do the list, but it
will be ready next week.
There being no other matters of business for discussion, a
motion was made to adjourn with all in favor.
Bud Naish, Mayor Pro Tem
ATTEST :
Carolyn Jones , City Secretary
CITY COUNCIL MEETING
MINUTES
AUGUST 29, 1989
The City of Wylie City Council met in a called session on
Tuesday , August 29, 1989 in the Council Conference Room of
the Municipal Complex at 7 :00 P.M. A quorum was present
and notice of the meeting had been posted in the time and
manner required by law. Those present were Mayor Chuck
Trimble, Mayor Pro Tem Bud Naish, Council Members Ortie
Messenger , Pat Stemple, John Akin and Steve Wright (arrived
late due to work) , City Manager Charles Norwood, City
Secretary Carolyn Jones, Code Enforcement Officer Roy
Faires . Councilman Jim Swartz was absent due to illness .
APPROVAL OF A REPLAT FOR LOTS 1 , 2 , 3 , 4 , AND 5 OF BLOCK A
STONE GROVE PHASE I : Mr . Roy Faires stated this replat was
before Council once before and the City Attorney advised
that there should have been a public hearing before Planning
and Zoning Commission. The replat combines these five lots
into four lots . Planning and Zoning Commission had very
little discussion and recommends approval of the replat to
Council . Motion was made by Mayor Pro Tem Naish to approve
the replat for Lots 1 , 2 , 3 , 4, and 5 of Block A, Stone
Grove Phase I . Seconded by Councilman Akin. The vote was
as follows : Mayor Trimble - in favor, Mayor Pro Tem Naish -
in favor , Councilman Akin - in favor , Councilman Wright - in
favor , Councilman Messenger - in favor, and Councilwoman
Stemple - in favor. This motion carried with all in favor .
DISCUSSION OF PRIORITY LIST FOR MID YEAR BUDGET FOR 1989/90 :
Councilman Messenger wanted to put a basketball court on
this list as it will give another recreational item in the
park, it is needed and most of the work can be done by city
crews at very little expense. Also would like to see
another park employee at mid year if that is possible.
Councilman Akin wanted to know if there had been a cost
figure put to these items. Also we have in the past talked
about a summer activity program for the park and use
students from colleges to over see this project . The City
would fund part of this and the school fund part . This
never happened, the City tried to get it started a couple a
years ago, but the school would not go with us .
City Manager Charles Norwood said we had a joint summer
program with the schools from June through July and the
school headed up the program and used their teachers . I
would like to submit this program to Don Whitt.
Councilwoman Stemple said the City needs a Civic Center and
skating rink.
Mayor Pro Tem Naish stated that during the budget session,
we talked about the valves left in the yard at public works
and the need for a fence. Has anything been done on this
project . City Manager Charles Norwood said we have looked
at it, and need a fence and lean-to. Mayor Pro Tem Naish
also asked about the fax machine . City Manager Charles
Norwood said the funds are available to buy it or lease it.
Mayor Pro Tem Naish also wanted to know about the computer
soft ware and running out of space on our present programs.
City Manager Charles Norwood said we have a lot of hardware
and we have to settle with it, we can have someone come in
and look at our programs and see what we can do. City
Manager Charles Norwood said we are cutting over time in
half this year and I am proposing to cut over time by
$30 ,000 and move this into the Council Reserve. Staff can
come back to Council later in the year and request monies
for these major projects.
City Manager Charles Norwood also stated that the City can
help themselves with the Texas Water Commission by buying a
special 6" pump to bypass the lift station and pump directly
into the force main when we are experiencing problems, this
pump will cost approximately $15,000 . Also need to look at
putting in a telecom meter device in the police department
and it will let us know when there is a sign of a problem
prior to the problem getting out of hand. This cost is
approximately $5,000 . We can do this with some of the over
time money we are putting in the reserve account.
Mayor Pro Tem Naish wanted to know the savings in the budget
by not having the city attorney at the council meetings.
City Manager Charles Norwood stated that he has talked with
the City Attorney and he will only come to meetings when I
call and tell him we want him here, but I do not know at
this time what the savings will be.
Councilman Messenger wanted to get a report on the
delinquent tax collections from the Attorney, have an
executive session and discuss these collections and pending
cases .
Mayor Pro Tem Naish asked about the salary for the mechanic,
he did not want us to loose this person over the salary.
City Manager Charles Norwood said he could look at his
evaluation and maybe move his pay grade up if necessary.
Mayor Pro Tem Naish said there were several things under
Animal Control - one being the possibility of moving animal
control to police department or code, second is to rebuild
the animal shelter and third change the ordinance back to 7
days prior to taking them to Garland Humane Shelter . City
Manager Charles Norwood said animal control under public
works is not a good ideal , most cities our size have it
under police. In Wylie' s case, I feel we would have better
results to put it under code department.
Mayor Pro Tem Naish stated that Council also requested that
Reserve Officers work as bailiff for court. City Manager
Charles Norwood said he will talk with Chief Gilmore about
doing a survey and see if the reserves would be interested .
Mayor Pro Tem Naish wanted to know how the meetings with the
other cities regarding the warrant officer are going . City
Manager Charles Norwood said the second meeting is scheduled
for September 5th and the other cities were very interested
at the first meeting.
REPORT FROM SHIMEK, JACOBS AND FINKLEA ON THE FIGURES FROM
THE REGIONAL TREATMENT PLANT STUDY: City Manager Charles
Norwood said the information will not be available until
next week. This will be on the next agenda .
There being no other matters of business for discussion, a
motion was made to adjourn with all in favor .
Chuck Trimble, Mayor
ATTEST :
Carolyn Jones, City Secretary
PLANNING AND ZONING MEETING
AUGUST 21 , 1989
MINUTES
The F•l ann i ng and Zoning Commission of the City of Wylie met
in regular session on Monday, August 21 , 1989 in the Council
Chambers of the Municipal Complex . A quorum was present and
notice of the meeting had been posted in the time and manner
required by law. Members present were Chairman Brian
Chaney, Vice Chairman Bart Feddicord, Bobby Jennings, Jim
Ferguson and Cecelia Wood. Staff members present were Code
Enforcement Officer Roy Faires and Secretary Debbie
Fletcher.
CONSIDER APPROVAL OF MINUTES OF THE JULY 17TH MEETING. Vice
Chairman Bart Feddicord stated his name was misspelled.
Change "Fetticord" to "Feddicord" . Bobby Jennings said on
page two, third paragraph, eighth sentence "Bobby Jenninu
asked" should have been "Bobby Ski pwith asked" . Also on
page two, last paragraph, next to last line "motion was
seconded by Bobby Jennings" should read "motion was seconded
by Bobby Skipwi th" . Chairman Chaney asked for a motion on
this item. Mr. Feddicord made a motion to approve the
minutes as corrected. Jim Ferguson seconded the motion.
The motion carried with all in favor.
Mr. Fai r ec_ said Mr. Norwood had advised him that comet i me
i , mid-September the Planning and Zoning Commission would
have a Joint with the Ci t Councilbecause i--
- meeting _ . _. ttnci of _ ,�_
problem which occurred last time with the plat. Mr. Fair es
went on to say .hat we now have books on Local Government
Ccdes which con=.i. st of three volumes. He stated he would be
_!sing the bock; on ETJ for tonights meeting. Mr. Faires. also
said after- he has finished reviewing the books he will have
certain items he wool d need to discuss with the ci t
attorney which could possibly change some of our formats and
procedures which would enable the city to cut down on time
and the staff work involved. Specifically, the notification
process of certain applications which requires letters being
mailed to the citizens. Mr. Faires said in his opinion this
procedure can be eliminated, but he wants verification from
the city attorney.
DISCUSSION OF ETJ — MEANING" USE AND NEED. Chairman Chaney
opened the discussion by saying ETJ stands for Extra
Territorial Jurisdiction. It is a law given to us by the
state for our use. Historically, we have kept out sub-
divisions that do not meet our sub-division ordinances. ETJ
does not effect zoning, it strictly effects when someone
wants to taE::e a piece of property and divide it into two or
more lots. Mr. Chaney said future use of the ETJ will be up
to the Planning and Zoning Commission and City Council . Mr .
Chaney turned the discussion over to Mr . Faires for ETJ
requirements, facts and figures.
Mr . Faires said many years ago developers purchased property
on the outskirts of town which are under "county
regulations" which are inadequate. Cities got together
through the Texas Municipal League to find out what could be
done about this. Mr . Fai res went on to say that our lobby
at the Texas Municipal League went before legislature and
had this enabling law passed that would permit any city to
extend their sub-division regulations to their ETJ.
Legislature declared it a policy of the state to designate
certain areas as. Extra Territorial Jurisdiction of
municipalities to promote general health, safety and welfare
of persons residing in and adjacent to the municipalities-
Mr . Faires went on to discuss the e::tent of Extra
Territorial Jurisdiction which are as follows:
( 1 ) Within 1/2 mile of those boundaries in the case of
municipalities with fewer than 5, 000 inhabitants.
') Within 1 mile of those boundaries in the case of
muni-cipalities_. with 5, 000 - 24, 999 inhabitants. Wylie
is currently in this category.
(?) Within 2 miles of those boundaries in the case of
municipalities with 25, 000 - 49, 999 inhabitants.
(4) Within 3 1 /2 miles of those boundaries in the case of
municipalities with 50, 000 - 99, 999 inhabitants.
(5) Within 5 miles of those boundaries in the case of
municipalities with over 100, 000 inhabitants.
/.Z
Mr. Faires also said if we annex one mile in any direction
all we have done is extended our ETJ another mile beyond
that new city limit line. The Extra Territorial
Jurisdiction of a municipality may not be reduced unless the
governing body of a municipality gives its written consent
by ordinance or resolution. Mr. Faires stated that what
people are requesting is that we do not apply our ETJ to
their sub-division. Mr . Chaney added to release them out of
it. Mr. Faires said yes, to release them, but not others
surrounding them and that this would be a violation of
government codes. Mr . Chaney asked if what Mr . Faires was
saving was that you can release them to another city. Mr .
Faires said no, ;ou can reduce your ETJ by ordinance, but it
must be the whole area, not just that particular sub-
division.
Chairman Chaney brought up the fact that developers say it
is not economically feasible for them to devel op the
property at cost according to our regulations. Economics
is not a concern of this board. Mr. Chaney said our concern
is that it is. in the best interest of the citizens of Wylie.
Mr. Peddicord asked what can we do about the sub-division
within the one mile ETJ boundary when you do go to the two
mile boundary? Mr. Faires replied that all we can do is
refuse to annex them and give them the protection they
desire, until such time that those people spend the money
for upgrading which their developer should have spent. .
Mr . !=hane`/ asked about the substandard sub-division which I
do . ,_.t want to annex; . If they have sewer running past it ,
cah we allow them to attach it to the sewer without
--anr:=-:;i ng? Mr. Faires replied yes, there is a premium in the
fee schedule for that purpose.
In closing, Mr. Faires said he feels that we would be
digress in Our duties to our citizens, present , past and
future if we did not continue to exercise this particular
control for their protecti on as opposed to the enhancement
of the pocketbooks of certain developers. The Board members
thanked Mr. Faires_ for his presentation.
GENERAL DISCUSSION. Chairman Chaney stated at the next
meeting we have an item coming before us on zoning.
Specifically, cluster and strip zoning. Mr . Faires said in
the past we have zoned strips along major streets for light
commercial use. After discussing the land use map, the City
Council and Planning and Zoning Commission decided in the
interest of proper controls and growth, they were
interested in cluster zoning around major intersections and
to maintain the single family atmosphere along the roads.
3
Jim Ferguson asked if there was an ordinance stating that it
is limited to a certain area as far as acreage. Mr. Chaney
replied it is more a precedence to what we have been doing.
Ms. Wood asked if on these retail areas going in adjacent to
homes are the people aware of all the requirements, such as
alleys, off street loading and unloading' Mr . Faires said
they are made aware of it when they apply for permits.
Mr. Chaney clarified strip zoning by saving that Hwy. 78 is
a good e>:ample of strip zoning because that is how the area
was previously zoned. He also said cluster zoning is the
grouping, in clusters around major intersections of light
commercial business and then developing outward with single
family or whatever is best for the area. Mr . Faires said
strip zoning needs to be controlled properl •. and kept within
the B-1 category and anything beyond that would be outside
sales. We have been able to do this effectively by the
specific use permit process.
Mr . Ferguson said he would like to see as a topic of
discussion, landscape ordinances.
Mr. Peddicord asked about the status of the Emergent_ _•
Preparedness plan. Mr. Fai res said we have not received the
information.
Mr. Chaney stated that at the ne::t meeti no he would like to
have zoning - mean , use and need or: the agenda before
General Discussion. Mr. Chaney would al =_ like the land u ,-
map brought in +or this discussion. Mr . Fa1.r-t_ said U �f s s d }
e
would bring the mac to the net Fleeti no.
There being no turther business to discuss, a motion was
.Made to adjourn.
Brian Chaney, Chairman
Respectfully submitted,
Debbie Fletcher, Secretary
PLANNING AND ZONING MEETING
MINUTES
AUGUST 28, 1989
The Planning and Zoning Commission of the City of Wylie met
in regular session on Monday, August 28, 1989 in the Council
Chambers of the Municipal Complex . A quorum was present and
notice of the meeting had been posted in the time and manner
required by law. Members present were Chairman Brian
Chaney, Vice Chairman Bart Peddicord, Bob Skipwith and Bobby
Jennings. Staff members present were Code Enforcement
Officer Roy Faires and Secretary Debbie Fletcher . Jim
Ferguson and Cecelia Wood were absent.
CONSIDER APPROVAL_OF_MINUTES_OF_THE_ �
ai AUGUST_21�_1989_MEETING
Chairman Chaney said on page 4, next to last paragraph,
second line "zoning-mean, use and need" should be "zoning-
meaning, use and need" . Chairman Chaney asked for a motion
on this item. Vice Chairman Peddicord made a motion to
approve the minutes as corrected. Mr. Jennings seconded the
motion. The motion carried with all in favor'
CONDUCT_PUBLIC__HEARING_ON_THE_R�QUEST_FOR_REPLAT_OF_LOTS_1�
2�_3�_4�_AND_5�_BLK_A_STONE_GROVE_PHASE_I |REDUCING_THE-LOTS
FROM_FIVE__TO FOUR__LOCATED_OFF STONE_RD_� Mr ' Chanev said
nine letters were mailed out, one was returned and one was
in favor of rep1at .
Mr. Chaney stated this request has been before the Board
previously. He said the State requires any planned use
development, within the last five years of any replat° must
mail out letters of notification to all owners of the sub-
division.
Mr. Faires said this plat before the Board now has not
changed. The City Attorney stopped it at Council level
because of lack of notification. Mr. Faires said we have
now notified all the property owners of the sub-division
about the plat, as is required by law. The staffs previous
recommendation for approval of this plat remains the same
and we still strongly recommend it be approved.
Chairman Chaney opened the public hearing with a request for
the public to come forward if they would like to speak
either in favor or against the plat request . Mr . Chaney
closed the public hearing since nobody came forward to speak
on this item.
�
`
- '
'
� ��
CONSIDER APPROVAL OF RECOMMENDING TO CITY COUNCIL THE REPLAT
FOR LOTS 11 21 31_ 4,., AND 51 BLK A STONE GROVE PHASE I . Mr.
Chaney asked to hear from the Board. Mr. Skipwith said any
time you increase the lots, he is for it . Mr. Skipwith made
a motion for the Board to recommend to the City Council that
they approve this change of the platting of Lots 1 , 2, 3, 4,
and 5, Block A Stone Grove Phase I . Mr. Jenninas seconded
the motion. All were in favor.
CONDUCT PUBLIC HEARING ON RE-ZONING REQUEST FOR TRACT 291
ABSTRACT 23 ATTERBERRY SURVEY TO CHANGEZONING FROM_SINGLE
FAMILY 3 (SF3) TO BUSINESS ONE (B-1) LOCATED ON THE
SOUTHEAST CORNER OF S. BALLARD AND STONE ROAD. Chairman
Chaney asked Mr. Faires to give the Board some background on
this item. Mr. Fai ress said the area consisted of a two
block:: strip presently zoned SF3, also at the far western end
are duplexes for half a block:: . There are two half blocks of
SF3, there is a single corner lot for. retail , also
approximately 2 acres of retail on the southwest corner.
Mr. Fair-es said you can always expect some cluster zoning
around major intersections.
Mr. Chaney mentioned tlat the two acres of retail as.a=. a
Planned Unit Development . Mr . Fairer_ explained that
originally it was zoned for duplexes and had retail at the
end of the duplexes. Mr. Fa.ires then explained that we
changed the duplex to Planned Unit Development because of
the location.
J 1
Mr. Chaney r+=a.0 the results of tl`,i..-, fifn7. l outs alf tali. •=. rt-•-
onirig . He said 25 letter-'_- were mailed. 4 were returned
with 2 in favor and 2 against .
Mr. Fa:iree state the requested re-zoning area is two blocks
I.ono and there is a possibility of an unknown portion of the
land to be sold off almost immediately. Mr. Fairer said he
suggested it should have been sub-'divided prior to the
application, but the person applying wanted the whole strip .
then he would sub-divide the area.
Before opening the public neari ng Mr Chaney stated that
anytime
someone comes up for zoning or re-zoning. we have
the option to go with the land use plan, with our own idea,
with the developers idea, or with a combi nett on of the
options.
Chairman Chaney opened the public hearing by r --Lent.i no ail
washing to speak in favor of the re-zoning to come forward.
Being that nobody came forward in favor , Mr. r r..,_ant:9`::' asked
for those against the re-zoning to come forward and t._its`
their name, address a n d why., they a t'+'• i.=t Q c'.i i i=5 t t i;:L = i t t-:f�f.
Mr . Larry Gooch came forward to speak against the re-zoning.
Mr. Gooch lives at 203 Duncan Way and said he had verbal
approval to represent his neighbors, Johnny Neal Turner and
Anthony Boyd.
Mr. Gooch said his concerns regarding re-zoning the property
to Business One (B-1 ) is that it will decrease his property
value and make it more difficult in the future to sale. Mr.
Gooch pointed out that his property is Blk 3, Lot 4, Mr.
Bovd' s is B1 k: 3, Lot 5 and Mr. Turner' s is B1 k: 3, Lot o and
the requested re-zoning adjoins to their backyards. Mr .
Gooch stated his concerns over this interrupting the privacy
of his family life since they use their backyards
frequently. He continued by saying his other concerns were
an increase in noise pollution, light pollution as a result
of lights needed to light business areas, increased traffic
congestion at the intersections of Stone Road and Ballard.
Stone Road and Second Street, Ballard
alland and Pirate
i -atc Drive-i . e and
Second Street and Pirate Drive. Mr . Gooch said these
streets are already congested because of the schools and h,.,
allowing business development , these streets will be
congested at all hours of the day. Another concern of his
is if a convenience store is brought into the area the
school children would spend time loitering in the area on
their way to and from school .
Mr , F=aires asked Mr . Gonr!-, if he was aware of the portion _+f
the zonino ordinance which requires a minimum of five to
._ y -..o( __ .. .a. tropert` between
them and any residential property. Mr . Gooch said he was
r F
mot,_+�._ aware of this ?�ci.fact. t�'9r . Fair es asked Mr. Gooch 1f h5.=
had any substantial proof , other that personal fears, of the
increase congestion. Gooch
7. r, M r. l� __ _ -, he +_:,] d
not , Mr. F ai.res pointed out that in cases like this, where
it is based _tr iotly on a persons personal fear rather th,yt
ssomet.hino substantial , the courts have overturned the
decision of the Board. Mr. Fairee said he feel. s that the
fear of traffic congestion and light pollution is not
s.ailiet.ilinp t.c: worry about because the privacy cf -i. tacen
would be required,
Me. Thane closed the public hearing since there were no
further questions on this item.
CONSIDER APPROVAL OF RECOMMENDING TO CITY COUNCIL THE RE-
ZONING OF TRACT 29, ABSTRACT 23, ATTERBERRY SURVEY FROM
SINGLE FAMILY 3 TO BUSINESS ONE. Mr. Chaney stated he feels
cluster zoning is a more orderly, efficient and appealing
manner of zoning than is strip zoning, and in the past the
Board has expressed the same opinion. Mr. Chaney proposed
to the Board that if we have retail along the eastern
portion of Lot 29, if that line was drawn straight across
Lot 5Fi, having that portion commercial use and leaving the
rest SF3 would match the cluster zoning of Lot :29, directly
south of the eastern border of Ballard St . and Lot 71 , which
is already zoned retail , and Lot 7, which is zoned Single
Family. Mr. Chaney said this would enable the neighborhood
to enter along Stone Rd. and it would give protection to the
homeowners of Lots 7 through I . Mr. Chaney continued by
saying this would not require a sub-division at this time 1f
we zoned it two different zoning categories, although in the
future if they want to sell property separately, then they
would have to sub-divide.
said the ordinance +or- B-1 allows for such
Mr'. Chaneyzoning
uses as plumbing, heating and air conditioning shops.„ radio.
TV Cr microwave towers-; limited warehouses and distribution,
including mini or convenience warehouses. Mr . Chaney said
if this is zoned B-1 , the property owners have a legal
option to use the land for any of the above mentioned
businesses- According to Mr . Chaney, the B-1 zoning is too
harsh and does not it. into the zoning of this area. Mr. .
Chaney said if the Board agrees then this would also protect
Mr . eioochf' =. concerns of havi no a bus:i ness. behind hi if and
would leave that to be sub-divided in the future for
homeowners.
ri Jennings stated he is in
ag'r"F?ertie.'nt with Mr . Chaney
because the B-1 zoning uses do not appear to fit with the
residential nei ohborhood.
Mr. F'ecddicor-d asked Mr. Faires how do we state to the
Council our recommendation for the re-zoning Mr . Fair: _.
paid he would recommend a line be E_>ctende+d directly North
from the Western ed_;e of Lot 7.
Bl k of Caldwell sub-
division to Stone Rd. the area to the West of that line
being " anted the 2-1 category, as requested, and the
.._.._
}'_1 ci.:. cll lt_r�_ remaining SF'7. Nr. Chaney said he was t .iaf !f'..,.n'_ _'l`
leaving the remainder of 5ik 5A SF3 and then the section
t pm 1 of 7 towards Ballard h , -gretail -
�! _... being 1.t!� since there i <�
already retail on Lots .._`' and 71 .. Mr .. Fair'ca- said if the
_ had
been
_. _ .. -._._. circumstances,
�lr_ni+E.'.t'"{':.,::, owner ,1.-rd L��~=':l pr ,;-_'bcdn;t_ . under tf"IC'�a.
he would probably withdraw.
r.
Mr. Skipwith said since he is requesting the entire Blk 5A
to be B-1 , how can we draw this up to be certain that the
Council does not interpret it to be the entire two blocks?
Mr. Faires said it is his understanding that development on
that corner, if he is granted B-1 zoning, would begin almost
immediately.
Mr. Skipwith said he is not sold on it for the area and
asked Chairman Chaney to read list of zoning for B-1 again.
Mr. Chaney read zoning for B-1 into the record. General
.,
_-Dp1gLiQtigD: The B-1 business district is
intended predominately for commercial activities of service
nature which have similar operating characteristics ( limited
outside or open storage) or traffic service requirements of
greater intensity that retail shopping and residential
environments. Use_RegglItig[ls: A building or premise shall
be used only for the following purposes.
1 . Use permitted in the "R" Retail District.
2. Gasoline service station or car care center.
3. Mortuary or funeral home.
4. Feed store.
5. Restaurant with drive-in service.
6. Secondhand, furniture, clothing store ( indoor ) '
7. Quick service food or beverage shop.
8' Car wash.
9' Auto glass, muffler and seat cover'
10. Automobile or motorcycle sales (indoor ) .
11 . Building material sales (indoor) .
12. Radio, appliance, TV and lawn equipment repair .
13. Furniture repair .
14. Cabinet shop.
15' Newspaper or commercial printing.
16. Plumbing, heating and air conditioner shops.
17. Radio, TV or Microwave tower.
18. Limited warehousing and distribution (including mini or
convenience warehouses) .
Mr. Chaney said those are the allowed uses and there are
specific uses which would have to come before the Board for
specific use permit.
Mr . Skipwith asked how many businesses could be put in that
area? Mr. Chaney replied it depends on the business. There
is ample room to put a business in, but they would be
limited on the type of business going in the area. Mr.
Faires sajd there is an indication for a convenience store
with gas lanes. Mr. Chaney said that is why he requested B-
1 zoning instead of retail and he is concerned that once
zoning is there anything on the list can go into the area.
° �
Mr. Chaney feels retail would fit with the cluster zoning in
that area because it would be a lighter use, have lighter
traffic and maintain the integrity of the neighborhood by
the remainder being SF3.
Mr. Skipwith asked what is included in retail use? Mr .
Chaney read the zoning for ^R" Retail District into the
record. GgE20al Pur����� ��d_D����i[lti��: The "R" Retail
District is intended for neighborhood shopping facilities
which provide limited business service and office facilities
predominately for the convenience of residents of the
community. Use Reoulptigpg: A building or premise shall be
used only for the following purposes:
1 . Banks or savings and loans.
2. Clinic, medical or dental .
3. Laboratory, medical or dental .
4. Office, general .
5. Optical shop.
6. Studio, art, music, drama, speech.
7' Letter or mimeograph shop.
8. Garden shop and plant sales (inside) .
9. Veterinarian office (no hospital ) .
10' Florist shop '
11 ' Antique shop (enclosed) '
12. Bakery or confection shop (retail ) '
13. Barber or beauty shop.
14. Book , camera or card shop.
15. Clothing and apparel store.
16. Cleaning and laundry pick up station.
17' Discount, variety or department store.
18. Drug store.
19. Drapery, needlework or weaving shop.
20' Supermarket.
21 ' Furniture and appliance.
22. Handicraft or hobby shop.
23. Key shop.
24. Laundry or dry cleaning (self service) '
25' Health studio.
26. Paint , wallpaper and hardware.
27. Personal service shop.
28. Photography studio'
29. Shoe repair '
30. Restaurant without drive-in service.
31 ' Tool rental (inside only) .
32. Auto parts and accessories (new) .
33. Medical appliances (fitting and sales) .
34' Bus pickup point '
35' Motion picture theatre (indoor ) .
36. Hotel or motel '
37. Public buildings including fire stations and library.
38. Private or business radio tower.
39. Water reservoirs, pumping plants and wells.
40. Telephone or utility business office.
41 . Telephone exchange, switching and transmitting
equipment.
42. Sewage pumping or lift station.
45. Church Synagogue or Rectory.
44. School , private or public.
45. Day nursery, or child care center.
46. Hospital .
47. Lodge or fraternal organization.
48. Nursing home or resident home for aged.
49. Electrical transmission lines and substation .
50. Health/Fitness centers.
51 . Public swimming pools ( indoor/outdoor).
52. Radio, TV, appliance shop..
57. Other general retail sales of Si mi 1 ar nature and
character provided that the business establishment is
subject to the following conditions;
a. That it be conducted wholly within an enclosed
building.
b. That required yards riot be used for display, sale
or storage of merchandise, or for the storage of
vehicles, equipment, conta.iners or waste material .
c: . Tha.t. all merchandise be sold at retail on the
premises.
notbe objectionable__t e because of odor
d. That such use FCJ+_ t_.•b fit_'+__ _l+Jnc�
excessive light smoi•::e dust , noise, vibration or
similar nuisance.
ti t_ . Chaney added that this was one G} t ._I e concerns
ns Mr . I.i(_t n!. 1
had, He said a different option is to deny the approved
change of zoning and leave it as. SF '.
Mr . F'eddi cord said we have started cluster zoning in the
area and that he is torn between i.;_.1. and� retail , but only ,-ln
that corner.
hr . F.aires. _.a3.d zoning is clearly a. legislative ti function: it
has the same force and effect as any other type of
legislative
enactment . Thus, ge{ier-_,.l s-+r'1'."'ii_3.ples oi'
st._Lutor-v construction appl '. when interpreting zoning
ordinances. T h is guiding star in t I e interpretation
r' the _ intent as derived��.:ed from
zoning ordinance d 1 r�i I'",C:E-:' I �' F 1 legislature' s.i'A;a �.� <a t It r c'' _ �
the entire E statutory text. One t.:in;t::'-_: ,o{for ei: maxim i=r,r
statutory interpretation used to isi `frne legislative intent
is that of rc -s i e e { i - C_ _ :, e1 _ . o - 1t _t i lwhich
means if •:-'CCU. put it down one place, ot l can' t have it an:,'
place else. In a oninl-i context, the rule means that the
t=):C.!r-es.:: mention of one use Ei'i;Cl U(jes by implication similar
matters not mentioned.
M Chaney id it i to the Board to allow B 1 or retail
r. aney said s up -
or to send that forward to the Council . Mr. Chaney then
asked about splitting it off at Lot 7, the lot line closest
to Ballard St'
Mr. Skipwith said he had no problem with that as long as we
assure it does stop there. Mr. Peddicord said the Board as
a group agrees with splitting it off '
Mr. Jennings and Mr . Peddicord asked if we can require an
alley to be put in there for separation? Mr ' Faires replied
yes, that would be part of the sub-division process if he
sells it off , but zoning can not require alleys.
Mr . Chaney asked if we can zone business up to where an
alley would be off of Lot 7 and then zone SF3 at the alley7
Mr . Faires said you can do it as long as you show your
intentions.
Mr. Peddicord asked is we could show out intent with
something to the Council about exactly what we are talkinc.
about?
Mr ' Chaney said we want zoning to go where an alley would
be.
M' . Faires replied that the wording he would suggest is
whatever commercial zoning you desire within 20 ft. of -a
line drawn due North of the Western most lot line of Lot 79
Pik 3 of Caldwell sub-division, the area West of that line,
which is 20 ft . West of that lot line, to be zoned to
whatever commercial zoning you give it in order to allow an
alley upon sub-division'
Chairman Chaney asked the Board if they would like to see
the whole area B-1 or retail ?
M,'' Skipwith said he would like to clarify that on retail
they could have a convenience store, but no gas pumps. Mr .
Chaney answered they could not in retail . Mr . Jennings
noted that this area could not withstand the traffic or
types of activities produced bv a gas station and because of
this it should stay retail .
Mr . 1haney said there is heavy congestion in that area when
school functions are going on. Mr. Faires agreed' Mr .
Chaney continued by saying there are crossing guards there
+or the school kids, but motorists coming in and out of a
DOS station is more hazardous than an enclosed parking area
for retail use.
Mr. Skipwith said another point in favor of re\ail of the
area over B-1 is the hours a convenience Elora is open'
Mr . Peddicord said being that the other two corners are
retail , he sees no reason to change the other corner to
anything except retail '
Mr . Chaney asked if someone would like to make a motion on
the re-zoning request' Mr. Peddicord advised the Board to
consider approval of recommending to the City Council re-
zoning to Business One. Mr. Chaney pointed out to the
Board, that if they deny the request, they can put forth
their recommendation.
Mr ' Faires suggested wording such as " I make a motion that
we deny the original request and substitute, therefore the
recommendation that beginning at a point 20 ft. West of the
Western most line of Lot 71 Blk 3 of Caldwell Addition, a
line being drawn directly due North to intersect with Stone
Rd. The area of Lot 5A5 West of that line to be zoned and
the remainder of Lot 5A to be zoned SF3.
Mr. Chaney said he is open for a motion on this item' Mr .
Peddicord made a motion as retail .
At this point, Mr. Chaney pointed out that the preword
motion by Mr' Faires due to difficulty with the Western
portion being retail and that the Eastern portion of the
noted line remain SF3. The reason for allowing the 20 ft .
is for a possible alleyway if and when this is sub-divided..
Mr. Jennings seconded the motion. The motion carried with
al ] in favor.
DISCUSSION_OF__ZONING�_MEANING�__PURPOSE_AND_DIFFERENT_TYPES
AND WHY. Chairman Chaney asked Mr. Faires to start this
discussion.
Mr. Faires said the Enabling Legislature says the governing
body of a municipality wishing to exercise their authority
relating to zoning regulations in the zoning district
boundaries shall establish procedures for adcpting and
enforcing regulations in boundaries in manner in which
parties and interests and citizens have an opportunity to be
heard before the 15th day before the date of the hearing.
Notice of the time and place must be published in an
official newspaper .
Mr . Faires said that a municipalitv having a Planning
Commission may use the Planning Commission for the Zoning
Commission. In Wvlie, Planning and Zoning is a combined
operation' Mr. Faires said Wylie^ s Charter, Article 9 says
the Planning and Zoninu Commission shall :
1 . Make and recommend to City Council a master plan to be
used as a guide in considering ordinances for the
orderly development of the city. The Commission shall
not less than every five years review and recommend to
City Council amendments to the master plan of the city.
2. Recommend to City Council proposed ordinances and
amendments to ordinance regarding:
a. Plumbing
b. Zoning
C. Environmental quality
3. Recommend and review all platting and sub-division
proposals and make recommendation to City Council for
appropriate action.
Mr. Faires said zoning is a permissive ordinance which
simply says you can do this, you can gply do this.
Mr . Faires said in 1985, for developmental purpose the city
tried to anticipate what would be the best use of the land
for future development . Mr. Chaney said an important too}
of zoning is using natural barriers such as creeks,
highways, railroads, flood plains, elevations and wooded
areas.
Mr. Faires gave a brief description of the different
zonings, which are listed in the Zoning Ordinance book.
Mr. Jennings asked / f we could discuss retaining walls at
one o+ the future meetings. In his sub-division there is a
problem with the retaining walls leaning towards and falling
onto the sidewalk . Mr . Jennings said that not only does
this look bad, but it is hazardous because of the children
playing in the area .
Mr ' Chaney said anV member of the Board can request an item
on the agenda for future meetings.
Mr . Faires said he would prefer Mr. Homeyer to be present
for the retaining wall discussion'
,
Mr. Chaney asked if there were any more questions and
thanked Mr. Faires for his presentation. Since there were
no further business to discuss, Mr. Chaney asked for a
motion to adjourn. Mr . Skipwith made the motion to adjourn.
Mr. Peddicord seconded the motion. The motion to adjourn
carried with all in favor .
---------------------------
Brian Chaney, Chairman
Respectfully submitted,
------------------------ __
Debbie Fletcher, Secretary
'
- �
PARK BOARD MEETING
MINUTES
AUGUST 3, 1989
The City of Wylie Park and Recreation Board met in regular
session Thursday, August 3rd, 1989 at 7 : 15 P. M. in the
Council Chambers of the Municipal Complex . Those present
were Chairman Jill Tomek, Vice Chairman Joanie Zeeb, Board
Members Cheri Albin and Mike Miller , Public Works
Superintendent Don White, and Secretary Lisa Keith. Board
Members Bill Burge, Bill Emsoff , and Bryan Glenn were
absent.
Chairman Tomek called the meeting to order .
OATH OF OFFICE TO MIKE MILLER : City Secretary Carolyn Jones
gave the oath of office to Mike Miller .
APPROVAL OF MINUTES OF JULY 6TH MEETING: Jill Tomek
corrected Page 2,, last paragraph, second to last sentence to
say - Chairman Tomek said we have the $3, 000 from W. S. A.
Omitting the words - money to give back to the City from the
Women ' s League and. A motion was made by Joanie Zeeb to
approve the minutes with the above stated correction.
Seconded by Cheri Albin. This motion was carried with all
in favor.
DISCUSSION OF CITIZENS AWARENESS COMMITTEE AND PROGRAM :
Roberta Stevens, Chairman Wylie High School P. T. A. , was
present at the meeting and volunteered to be a part of this
program.
Chairman Tomek stated she had spoken to Charles Norwood
about the importance of establishing this program to raise
money for the park system and to increase public awareness
of the existence of the park facilities . Chairman Tomek
said public awareness can be increased by having various
types of contests with an award system. The schools
involvement is very important in a public awareness program.
Roberta Stevens asked if any help was needed putting things
together, physical labor . Chairman% Tomek answered yes that
high school age children possibly could be used for
painting, weed eating, watering, adopt a highway, etc. It
would be great to involve this age group in the program.
444
Roberta Stevens said they used to have an arbor day project
which included buying a tree and going to the park and
planting it. Roberta Stevens asked if the park needs trees.
Chairman Tomek said yes flowering trees would add needed
color.
There was some discussion on the "Big W" of installing
annuals in the color bed that would come up every year,
rather than spending the kind of money it takes to change
out perennials three times per year. Cheri Albin asked if
anyone had approached Nortex Nursery for donations. Joanie
Zeeb said they donated fifty crepe myrtles to plant at the
Municipal Complex .
Chairman Tomek said a marquis on the highway would be a good
way to give thanks for donations. One that has changeable
lettering. Cheri Albin shared an idea of finding out if the
football sign on SH78 could be used. Chairman Tomek said a
marquis is very costly. Chairman Tomek asked Don White if
he could get prices on a marquis sign. We could post
messages to get the community spirit going. Cheri Albin
said not enough information is shared with the public.
Joanie Zeeb said the newspapers could be used since there
are now two and they are in competition with each other.
Jill Tomek had another idea for public awareness to put
questionaire and information inserts in with the water bill
mailings.
Roberta Stevens suggested having a "Fart: �.ay" to increase
public awareness . Jill Tomek said we should invite everyone
to the Park for a back to school get together type thing and
have little games . Nothing to raise money. I think
everyone is getting tired of being asked for money.
Don White, when asked, told Jill Tomek that there were no
barbecue grills at Community Park. Jill Tomek said we need
to add some to the master plan.
Roberta Stevens said the park is a good place for Boy Scout
and Girl Scout troops to meet.
Jill Tomek said that Charles Norwood suggested using radio
stations, and asked if anyone had any suggestions on what
stations to use. Roberta Stevens said 91 . 4 KCVI , which is a
christian station. Don White suggested the cable television
station. Mike Miller agreed to call the cable television
station and get some information on it.
Jill Tomek said that the public utility companies are
usually pretty willing to help. I think the city should,
on their stationary, put out a letter stating that the
playground has just been completed, let people know what we
have, invite them to the park, and also slip it in the
letter that we are accepting donations.
Mike Miller suggested having a softball tournament fund
raiser, but felt that this may cause a conflict with WSA.
Jill Tomek said the manager at McDonalds is a baseball
fanatic and said if we ever want to have a softball type
fund raiser that he would support it.
Jill Tomek said that we can get free soft drinks from the
soft drink companies. All we have to do is mention the
. brand name and that they were donated on the banners, etc. ,
and send them a letter of thank you.
Roberta Stevens asked if a copy of the Community Park master
plan could be put in the newspaper so everyone can see it.
There was some discussion of putting a reduced copy of the
plan in the newspaper.
Joanie Zeeb said she thought that the Park Board should put
Mike Miller in ,charge of the softball tournament. Mike
Miller said it' should be a co-ed tournament. Mr. Miller
also said that it is too hot this time of year for softball .
Don White said he thought a softball tournament in early
spring would be a good idea.
Don White said that the WSA agreement is suppose to be
redone this month. Jill Tomek said the $3, 000 revenue from
WSA should be in the account. Mr. White said yes, by the
end of the fiscal year .
There was some discussion of WSA having to go through the
Park Board on scheduling and that they are under the Park
Board. They do not have total control .
Roberta Stevens asked what the Park Boards vision is for the
park. Jill Tomek stated that we are now setting month by
month and yearly goals . The Community Park master plan is a
five year plan. Don White said the cities vision is for the
employment of a Parks & Recreation Director to help in
utilizing the activities of all entities involved with Parks
& Recreation with the Park Board being the key, setting the;
example and making recommendations 1 to City Council . Jill
Tomek said right now it' s real hard on the Park Board
Members. The Park Board has been planning arid organizing.
The Board really isn' t suppose to do this we are just
suppose to suggest and direct, and the Park Director is to
do the organizing.
1
r am' , . , 4"gar;
Don White and Roberta Stevens went over a list of things
that high school kids could do at the park in the month of
August.
After Roberta Stevens requested a copy of the Community Park
Master Plan Don White told her that she was welcome to stop
by the engineers office and request whatever she needed.
DISCUSSION OF PARK MASTER PLAN COST ESTIMATE: Jill Tomek
said that Charles Norwood informed her that the State is
going to send a representative from the parks and wildlife
department to tour the park and further discuss the master
plan. Mr. Norwood would like all the Park Board Members to
join in the meeting. However, the representative will be
here during the week on a regular work day, sometime between
August 12 thru 15. We are not sure which day he will be
here.
After reviewing the cost estimate from the Texas Parks &
Wildlife department there was some discussion of items
priced that already existed at the park and that the overall
cost would decrease because of this.
Don White explained how the City would meet 50% of funds,
and that we wi ' l set the specifications that will go out to
bidders.
Jill Tomek said she thought we had a pretty good chance of
getting this grant for the park. Chairman Tomek informed
new board members of the Highway Beautification grant. Don
White updated the Board on the status of the Highway
Beautification grant stating that the deal is not completed,
it is still in the making.
Chairman Tomek brought up discussion of the swimming pool
stating that it would have to be self supportive. We can't
put any financial burden on the city. Revenues from the
pool were discussed such as swimming lessons and
concessions. Jill Tomek said she thought a pool was an
excellent idea and that we have to get the school and city
working together. Maybe eventually the pool could be
enclosed and WISD could have a high school swim team.
Jill Tomek informed Don White that the city needs to send
G. T. E. a letter of thanks for digging the holes at the
playground in Community Park. Chairman Tomek was unsure of
exactly who the letter needed to the addressed to but that
Bud Naish had that information.
REPORT FROM DON WHITE ON JOBS COMPLETED OR STARTED IN PARKS
& RECREATION DEPARTMENT: A list of jobs completed in the
month of July was included in the packet and Don White
distributed a list of items to be done in the month of
August.
Don White and Roberta Stevens discussed what items to be
done, on the August list, could be done by high school
students.
Jill Tomek and Don White discussed moving the picnic tables
in Valentine Park to Community Park. But pour concrete pads
first. Or maybe move them to Kirby Park and take the old
ones that are at Kirby Park now and rebuild them next year.
. After reviewing the July list of work completed, Jill Tomek
stated that when she presented the park master plan to City
Council she was told by City Council that the park employee
was assigned to the parks only that the mowing of all city
properties ( right-of-ways, municipal complex, etc. ) was not
his responsibility. Don White informed Jill Tomek that if
this was true that City Council needed to inform Charles
Norwood, and that Mr. Norwood would instruct him of this
change. Don White said that the park employee is not the
only one who does work in the parks. Other city personnel
from the Public' Works Departments do work every month in the
parks. I am forced to use other people, one employee is not
enough. This list of jobs completed is for the entire Parks
& Recreation department not just the parks and not just what
the Parks Maintenance Foreman has done, but what several
people have done.
DISCUSSION OF SUB-DIVISION ORDINANCE - PARK LAND SECTION:
Chairman Tomek said she was really pleased to see this. She
said that she felt it would really help out in parks.
Chairman Tomek said that when new sub-divisions come in to
the city that the Park Board needs to be informed. Don
White said that the Park Board needs to push to see sub-
division plans before they are approved.
REPORT FROM DON WHITE ON APPROXIMATE COST OF ENTRANCE TO
VALENTINE PARK: Don White explained what all it would take
to construct an entrance to Valentine Park at the location
that Bill Emsoff had inquired about at the previous meeting.
Approximate cost would be $60, 000 to $100, 000 depending on;
the engineering design.
Don White said the only thing he could suggest'for Valentine
Park is to put in a playground. All it would ever be is a
neighborhood park for the kids in the general area to play
at. It might help in keeping some of the kids from playing
in the alleyways.
•
Jill Tomek said that it bothers her that kids have to cross
an alleyway to get to the park. If a playground was put in
kids would want to go to the park to play and we would be
asking them to cross an alleyway to get to it.
Don White said that was just a suggestion and that if the
Park Board had a plat of Valentine Park they could do a
master plan just like they did for Community Park.
CITIZEN PARTICIPATION: There being no citizens
participation the Chairman moved on to the next order of
business.
GENERAL DISCUSSION: Jill Tomek said she was worried about
the vandalism problem at the parks and that she was unaware
. of how bad the problem was until she became a member of the
Park Board. Cheri Albin said that we do have a real bad
problem and that the kids need to be addressed, children are
destructive. Roberta Stevens said that she wanted to start
a positive motivation program at the schools.
There being no other business or discussion the meeting
adjourned with all in favor.
Jill Tomek, Chairman
Respectfully Submitted,
Lisa Keith, Secretary
3/
LIBRARY BOARD MEETING
MINUTES
MAY 16, 1989
The Library Board of the City of Wylie met in regular session
on May 16, 1989 at 6: 307 p. m. in the workroom of the Rita and
Truett Smith Library, 800 Thomas, Wylie, Texas. A quorum was
present and notice of the meeting was posted in the time and
mannor required by law. Those present were Rita Smith,
Cathie Upshaw, Valerie Wiggins, Betty Stephens, and Carolyn
Janes, City Secretary.
The meeting was called to order by Betty Stephens at 6: 40
p. m. , in the absence of Robert Feltz, Chairman, and Carol
Barry, Vice-Chairman.
Valerie Wiggins was sworn in as a Library Board member by
Carolyn Jones, City Secretary.
SUMER READING CLUB REPORT. New City Manager, Charles
Norwood has stated that we not ask for community donations
for library staff or summer children' s leader for the Summer
Reading Club. It is permissible for local donations for
books, equipment, etc. , but not for personnel . This changes
the plans somewhat as we had hoped to have Beth Brewster
handling the major planning and execution of the program.
This would have enabled us to provide services for children
in other areas, such as Southfork: community, etc. that cannot
get to the library programs as easily as others. Staff is so
limited, even with volunteers helping, that the director
cannot be away from the building for these additional areas.
Cathie Upshaw will be available for planing and activities,
and we hope to use other volunteers. There are several
teenagers in a government program that should be here to help
in late June. C. Upshaw and the director will be providing
Tuesday and Thursday activities for two months, June and
July. Story Hour will continue at 10: i00 a. m. on Wednesday
and Thursday, taught by C. Upshaw and Valerie Wiggins. Kay
Daniel and the director will be taking information to
different schools, telling the students about the summer
reading club plans and activities.
GENERAL DISCUSSION.
a:) Complaint registered about book in the juvenile
section, Craven House Horrors. Board agreed to keep book
in the library, and notify parent that the book would not
be removed. Parent thought that the book would influence
children to get envolved in the occult. the pictures
3z
were "scary" , and "Santanic". The book by Hilary Milton,
is a Choose Your Own Adventure for ages 9-12. Board will
recommend that the book be placed in a section for older
readers.
Meeting adjourned.
Betty Stephens, Acting Chairperson
Respectfully submitted,
Rosanne Burgess, Library Director
33
LIBRARY BOARD MEETING
MINUTES
JUNE 20, 1989
The Library Board of the City of Wylie met in regular session
on June 20, 1989 at 6: 30 p.m. in the workroom of the Rita and
Truett Smith Library, 800 Thomas, Wylie, Texas. A quorum was
present and notice of the meeting was posted in the time and
manner required by law. Those present were Robert Fultz,
Rita Smith, Cathie Upshaw, Mary Jo Smith, Carol Barry,
Valerie Wiggins, and Library Director Rosanne Burgess.
The meeting was called to order by Robert Fultz, Board
Chairman.
REPORT QF THE SUMMER READING PROGRAM. Theme for 1989 is
Creature Features. A display of some of the currently
completed crafts were discussed. The children are being
divided into two groups by age, because there are more than
75 children at times. Stories and book talks, crafts, games
and activities, including films, keep them involved from 2
til 4 p. m. each Tuesday and Thursday. There have been over
215 registrations. The older age group is working on their
own newspaper. Every child is being encouraged to build on
their own individual talents, stressing that the library is a
fun place to read. These activities present quality
cognitive learning experiences.
COMPUTER UPDATE. The library personnel and teen-age
volunteers are working to obtain (if possible) another
computer for use in the workroom for data entry on our
materials, etc. As books are checked out, the information is
entered into the computer on a temporary label , and while the
book is out, the data record can be completed. Only the
currently circulating books and non-print are being entered,
for two reasons. One, the materials will show which ones
have been used recently, which will help us determine what
should remain on the shelves. Two, the library is able to
remain open and in full use while the computerization of the
material is completed. There are some computers at the
schools which we might be able to borrow, and Mr. Witt will
let us know.
GENERAL DISCLUSSION
a) Introduction of new Board Members, Jan Morgan and Barbara
Jennings.
b) Discussion of postponement of story time at Southfork
Community because of shortage of staff and volunteers at
this time.
34,
c) The Lay Representative for the library board will
be present at the NETLS regular system meeting, July 28,
1989 at Kilgore, Texas. John Pitstick, former City
Manager for
Wylie, will be presented an award for Citizen of the
Year.
d) June 24-27 will be the American Library Association
meeting this year in Dallas. Any Board Member wishing to
go to see the exhibits, etc. can be given a pass that the
Director received.
e) Discussion of presentation of tapes, movies, speakers,
handouts, etc. for a program presented by the "Girls
Clubs of America" . This program is designed to combat
teen-age pregnancy for girls 9-15 years old. Further
discussion will follow at the next board meeting when the
director has more information.
f) Discussion of pastdue books penalty and fines. We must
follow through on regaining these materials. There is
an ordinance in effect regarding late materials.
q) Policies and Procedures Manual is on the "back burner"
til the Summer Reading Program is finished.
h) Budgeting of large items such as the bike rack, cassette
copier, file cabinet, shelving mailing and printing are
not yet on the budget this year. These items are
projected to be in a five year plan.
i) The Director went to a meeting recently held by the Texas
Municipal League regarding present and future needs for
Collin County. Training for teenagers and transportation
were among some of the problems discussed.
j) Robert Fultz said good-bye to the Library Board.
k) Kay Daniel said a word of thanks to Carol Barry and
Robert Fultz for their untiring efforts in behalf of the
"Save the Library Day" last fall .
Meeting Adjourned
Robert Fultz, Chairman of the Board
Respectfully submitted,
Rosanne Burgess, Library Director
LIBRARY BOARD MEETING
MINUTES
JULY 18, 1989
The Library Board of the City of Wylie met in regular session
on June 20, 1989 at 6:30 p.m. in the workroom of the Rita and
Truett Smith Library, 800 Thomas, Wylie, Texas. A quorum was
present and notice of the meeting was posted in the time and
manner required by law. Those present were Rita Smith,
Cathie Upshaw, Mary Jo Smith, Valerie Wiggins, Barbara
Jennings, Library Director Rosanne Burgess, and Carolyn
Jones, City Secretary to administer the oath of office.
The Meeting was called to order by Rosanne Burgess, due to
the fact that the former Chairman and Vice-Chairman were no
longer on the Board.
ADMINISTER OATH OF OFFICE TO NEW BOARD MEMBERS AND
REAPPOINTED MEMBERS. City Secretary administered the oath
of office to Valerie Wiggins, Jan Morgan, Barbara Jennings,
and Cathie Upshaw.
ELECTION OF CHAIRMAN FQR THE BOARD. Mary Jo Smith by
acclamation.
ELECTION OF A VICE-CHAIRMAN FOR THE BOARD. Jan Morgan by
acclamation. Rosanne Burgess requested that we consider
approval of a Secretary for the Board Minutes, as she is
often making reports to the board, and involved in the
discussions. Valerie Wiggins volunteered to be Secretary.
Appointed by acclamation. Board members unable to attend
meetings should call Valerie Wiggins.
CONSIDER APPROVAL OF MINUTES FOR APRIL 181. 1989. The
minutes of the April 18th meeting were approved as written.
DISCUSS DUTIES AND RESPONSIBILITIES OF THE BOARD MEMBERS.
Mary Jo Smith was re-appointed by acclamation to continue in
her position as Lay Representative to NETLS. Rita Smith and
Karen Williams are alternates. The Library Director must
attend three of the four NETLS System meetings a year, and
the Lay Representative also attends. Any Library Board
member is welcome to attend the System meetings with them,
and learn more about the State-wide System of Libraries.
Cathie Upshaw explained some of the training meetings and
workshops that she attended this Spring, and suggested that
they are very helpful in understanding how to better serve
library patrons. Further discussion of duties and
responsibilities was tabled until the September meeting.
3'
QENEMLAIGU$I ON.
a) R. Burgess reported that the new City Manager, Charles
Norwood, is supportive of library boards and the future
needs of the library. He will be invited to the next
board meeting.
b) Budget workshop for the library and other departments
will be held Saturday at Lake Savoy.
c) Plans should be made in the fall for the Christmas Parade
Float or trailer entry.
d) We need to plan a fund raiser for the coming year.
e) August 22nd will be the volunteer orientation at the
library, with child care provided next door by Cathie
Upshaw .
f) Ronald McDonald is coming on August 3rd for a program
called "Reading is Cool " .
g) Discussion of library' s ability and availability to teach
adults to read through a literacy program.
h) Certificates of appreciation will be presented to the
summer volunteers at an August City Council Meeting.
Meeting Adjourned
Mary Jo Smith, Chairperson
Respectfully submitted,
Rosanne Burgess, Library Director
CITY OF WYLIE
PERMANENT UTILITY EASEMENT
STATE OF TEXAS
COUNTY OF COLLIN
KNOW ALL MEN BY THESE PRESENT THAT Tommy E. Hutson,
hereafter termed GRANTOR, whether one or several , of the
County of Collin, State of Texas , for and in consideration
of ten dollars ( $10. 00) and other good and valuable
consideration to GRANTOR in hand paid by the City of Wylie,
the receipt and sufficiency of which is hereby acknowledged
and confessed, have GRANTED and CONVEYED, and do by these
presents GRANT and CONVEY unto the City of Wylie the
following described tracts or parcels of land situated in
Collin County, Texas, for use as permanent utility easements
upon/or in which water mains, sanitary sewers, or storm
sewers may be constructed and being more particularly
described as follows :
BEING a strip of land for a permanent utility easement
generally 10. 00 feet in width located in the E. C. Davidson
Survey, Abstract NO. 267, Collin County, Texas, and being
over, under and across Lot 5, Block B of Creekbend
Industrial Park, conveyed to Tommy E. Hutson as recorded in
Volume 2262, Page 833 of the Deed Records of Collin County,
Texas, said permanent utility easement being east of and
adjacent to an existing 15. 00 foot sanitary sewer easement
and being generally 2. 50 feet west of and 7. 50 feet east of
a baseline being more particularly described as follows :
BEGINNING at an point in the south property line of said
Tommy E. Hutson tract, said point being 10. 40 feet South 61
degrees 14 minutes 58 seconds East from the intersection of
said south property line and the centerline of said existing
15. 00 foot sanitary sewer easement ;
THENCE North 12 degrees 48 minutes 39 seconds East, parallel
with said existing 15. 00 foot sanitary sewer easement, a
distance of 64. 86 feet to an angle point ;
THENCE North 4 degrees 34 minutes 11 seconds East, parallel
with said existing 15. 00 foot sanitary sewer easement, a
distance of 157. 45 feet to the most easterly property line
of said Tommy E. Hutson tract and containing 0. 0510 acres
( 2223. 1 square feet ) of land, more or less .
Also a temporary construction easement 30 feet in width
being east of , parallel with and immediately adjacent to the
above described permanent easement.
(EASEMENT EXHIBIT ATTACHED)
TO HAVE AND TO HOLD the above described permanent easement,
together with all and singular the rights and hereditaments
thereunto in anywise belonging unto the said City of Wylie,
its successors and assigns ;
and GRANTOR hereby binds himself , his successors , assigns,
and administrators to warrant and defend the rights and
title to said easements unto the said City of Wylie against
every person whomsoever lawfully claiming or to claim the
same or any part thereof .
31
Witness my hand, this the day of A. D. ,
1989. /
; : ,
Tommy,/E. Hutson
STATE OF TEXAS
COUNTY OF 45
BEFORE ME, the undersigned authority, a Notary Public in and
for said County and State, on this day personally appeared
li>irlmy known to me to be the person
whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same in the capacity
therein stated.
GIVEN under my hand and seal of office, this the !�
day of , 19 t37 .
Nry Public in and for the State of Texas
ACCEPTED FOR THE CITY OF WYLIE THIS the day of
, 19 .
CITY OF WYLIE
Chuck Trimble, Mayor
ATTESTED:
Carolyn Jones , City Secretary
Date
I
T TOMMY E. HUTSON
VOLUME 2262, PAGE 833
E.C. DAVIDSON SURVEY I
T _ I ABSTRACT 2$1 I I
/SCALE t I"= 30' I
) I--------.—
/ I_•
R
SCALE, ...At
I" = 200'
I 1
I I
14PTOMMY E. HUTSON
O L
um....___J
VOLUME 2262 , PAGE 833
00INT OF .•?40 E.C. DAVIDSON SURVEY
v.
CG NNIN0 e� ABSTRACT 267
ti`O'
0.0510 ACRES
61.66
-..m jore ;‘4 EXISTING 15'EASEMENT
;Si 1111111111111IIIIMMINIII ----
on
r: 10' PERMANENT UTILITY
EASEMENT
`�—'---_�` _ CITY OF WYLIE , TEXAS
PERMANENT EASEMENT EXHIBIT
TEMPORARY CONSTRUCTION DONALD P. KREYMER
EASEMENT SHIMEK,JACOBS&FINKLEA
CONSULTING ENGINEERS
JANUARY,1989
After Recording
Please Return to:
Haynes and Boone
3100 NCNB Plaza
901 Main Street
Dallas, Texas 75202
Attention: Susan S . Collins , Esq.
CITY OF WYLIE
TEMPORARY CONSTRUCTION EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS :
COUNTY OF COLLIN §
That SUNBELT SAVINGS, FSB, as Assignee from the Federal
Savings and Loan Insurance Corporation, in its capacity as
Receiver for Western Federal Savings and Loan Association
( "Grantor" ) , for and in consideration of the sum of Ten and
No/100 ($10 . 00) and other good and valuable consideration to
Grantor in hand paid by the CITY OF WYLIE, TEXAS ( "Grantee" ) ,
the receipt and sufficiency of which are hereby acknowledged,
has GRANTED, SOLD and CONVEYED and by these presents does
hereby GRANT, SELL and CONVEY unto Grantee a temporary
construction easement (the "Easement" ) , subject, however , to
the provisions set forth in this instrument, in, on, over,
across and under that certain tract of real property (the
"Property" ) more fully described on Exhibit "A" , attached
hereto and incorporated herein by this reference, solely for
the purpose of installing and constructing a sanitary sewer
force main (the "Sewer Main" ) under or near the Property;
provided, however , that such installation and construction
shall not have a material , adverse affect on the Property or
Grantor ' s use thereof .
Grantee expressly acknowledges and understands that it
accepts the Easement subject to the following conditions :
( i) Grantee shall repair any and all damage to the
Property caused by the construction or installation of the
Sewer Main and shall , upon completion of the Sewer Main, return
the Property to the condition which existed immediately prior
to such construction and installation;
( ii) Grantee shall defend (by counsel acceptable to
Grantor) , hold harmless and indemnify Grantor from and against
any and all costs , fees and expenses ( including, without
limitation, attorneys ' fees and court costs) for any losses ,
costs , claims , demands , damages , penalties or liabilities , of
whatever type or character , which Grantor , or Grantor ' s agents,
successors or assigns , sustains and which relate to , are
y/
* the earlier to occur of (i)
** or (ii) January 1, 1991
connected with, or arise out of Grantee' s use of the Easement
in, on, over , across or under the Property or the construction
or installation of the Sewer Main. Specifically, but without
limitation, in the event any workman' s, mechanic ' s or
materialmens ' liens are charged or filed against the Property,
Grantee shall defend (by counsel acceptable to Grantor) , hold
harmless and indemnify Grantor from and against any and all of
such workman' s, mechanic ' s or materialmens ' liens or claims; and
( iii) The Sewer Main shall be located and installed
underground, except as required by governmental authorities .
TO HAVE AND TO HOLD the Easement , together with all and
singular the rights and appurtenances thereto in anywise
belonging to Grantor unto Grantee, its successors and assigns,
until *such time as the Sewer Main construction and
installation, referenced in this instrument, have been
completed,** whereupon the Easement shall terminate
automatically, without further execution of any instrument, and
Grantor does hereby bind itself, its successors and assigns , to
WARRANT AND FOREVER DEFEND all and singular the Easement unto
Grantee, its successors and assigns, against every person
whomsoever lawfully claiming, or to claim, the same, or any
part thereof , by and through it but not otherwise subject to
the expiration of the Easement and subject to the conditions
set forth in this instrument, all as set forth above.
IN WITNESS WHEREOF, this Temporary Construction Easement
is executed to be effective as of , 1989 .
GRANTOR:
SUNBELT SAVINGS, FSB, a federal
savings bank
By: b
Na d
Ti
Grantee ' s GRANTEE:
Mailing Address :
CITY OF WYLIE, TEXAS
City of Wylie
By:
Name :
Title :
Attention:
- 2 -
STATE OF TEXAS §
COUNTY OF DALLAS §
Before me, a Notary Public, on this day personally
appeared John G. Russon , known to me to be the person and
officer whose name is subscribed to the foregoing instrument
and acknowledged to me that the same was the act of SUNBELT
SAVINGS, FSB, and that he has executed the same on behalf of
said corporation for the purposes and consideration therein
expressed, and in the capacity therein stated.
Given under my hand and seal of office this 21st day of
August , 1989 .
41
✓:, �^ KAREN S. BOYD Notary Public in and for
N t3ryH bhc,Sta:cDfTexas the State of Texas
`;`•. ! My Comm.Expires 5-2-92
My Commission Expires :
5/2/92
STATE OF TEXAS §
COUNTY OF COLLIN §
Before me, a Notary Public, on this day personally
appeared , known to me to be the person and
officer whose name is subscribed to the foregoing instrument
and acknowledged to me that the same was the act of CITY OF
WYLIE, TEXAS, and that he has executed the same on behalf of
said corporation for the purposes and consideration therein
expressed, and in the capacity therein stated.
Given under my hand and seal of office this day of
, 1989 .
Notary Public in and for
the State of Texas
(SEAL)
My Commission Expires :
- 3 -
y3
EXHIBIT "A"
Property Description
[To Be Attached]
1d/3744X
- 4 -
I/
y
r
N •
EXHIBIT "A"
I
, Being a 140 . 58 acre tract of land situated in the
William Patterson Survey Abstract No. 716 and the
Jo n Mitchell Survey Abstract No. 589 .
Io1N 1 of III(,1N►IIN(, 11 •
^_ - CMIttEN .asr — . — -- --- ---. . .. _. A.,. •J.
1\ 11 I
1•/' .
" 1Q_ Q
� _]i --
10/' / r r
M 0- ..-I, /
r' I•M ,
‘111.4sh......
AC / 11
11
W y ,` �`�
�S O_ t. ,b ,.I.r l 1•.•,,.n, 9 1
cr
... 1Y1.•1 11• I1
fit♦ ,tt..a0 140.50 ACRES `, fr. �, L .. Igo-
is »r P.
\ r 6o6/I1 W.a,l...,11. •.. •1. I•'_i
vat.low,N. r.I �_
I VOl.]I••,PC. 1It
•
1 r3' Mt ACHES % .,
1
..V1011.1•11 11.M12 Ill---_
X. 1N 4161 110011 hM.1 I I.r
�� AI NI 110011 1N1YLL•411 .0_
01 IC
....111._.:C) 6•11 42•11,20.4400014•••••••111 .31'
343 4. MVY/I• 01.110•.11• 44
X, 0'i
O�
• .• -
S wp
•
3"
i
3 �O IE -
M 1
$ 110. 1t'00' W $/02./' r.i
/
,
._-.-- -_ 13L1:1'1.,1
APPROPRIATION ORDINANCE NO.
AN ORDINANCE ADOPTING A BUDGET FOR THE
ENSUING FISCAL YEAR BEGINNING OCTOBER 1,
1989 , AND ENDING SEPTEMBER 30 , 1990 , IN
ACCORDANCE WITH THE CHARTER OF THE CITY OF
WYLIE, APPROPRIATING THE VARIOUS AMOUNTS
THEREOF, AND REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT THEREWITH;
PROVIDING FOR A PUBLIC HEARING; PROVIDING FOR
PUBLICATION OF THIS ORDINANCE AND FOR AN
EFFECTIVE DATE THEREOF:
WHEREAS, the City Manager of the City of Wylie has
submitted to the City Council a proposed budget of
the revenues of said City and the
expenditures/expenses of conducting the affairs
thereof and providing a financial plan for fiscal
year 1989-90 and which said proposed budget has
been compiled from detailed information obtained
from the several departments , divisions , and
offices of the City; and,
WHEREAS, the City Council has received said City Manager ' s
proposed budget , a copy of which proposed budget
and all supporting schedules have been filed with
the City Secretary of the City of Wylie .
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1 That the proposed budget of the revenue of the
City of Wylie and the expenses of conducting the
affairs thereof , providing a complete financial
plan for the ensuing fiscal year beginning October
1 , 1989 and ending September 30 , 1990 , as
submitted to the City Council by the City Manager
of said City, be and the same is in all things
adopted and approved as the budget of all current
expenditures/expenses as well as fixed charges
against said City for the fiscal year beginning
October 1, 1989 and ending September 30 , 1990 .
SECTION 2 That the sum of $2,441 ,275 is hereby appropriated
out of the General Fund for the payment of
operation expenditures and capital outlay of the
City Government as established in the approved
budget Document.
SECTION 3 That the sum of $508 ,725 is hereby appropriated
out of the General Obligation Debt Service ( I & S)
Fund for the purpose of paying the principal and
interest due on General Obligation Bonds and
capital lease purchases as they mature and
creating a sinking fund therefor .
SECTION 4 That the sum of $1,435 ,250 is hereby appropriated
out of the water and sewer revenues for the
purpose of paying operating expenses and capital
outlay for the operation thereof as established in
the approved Budget Document .
SECTION 5 That the sum of $344 ,750 is hereby appropriated
out of the Water and Sewer Revenue Debt Fund ( I &
S) for the purpose of paying interest and
principal requirements on water and sewer revenue
bonds .
yG
SECTION 6 That the sum of $275 ,000 is hereby appropriated
out of the Sanitation Operating Fund for the
purpose of paying operating expenses and capital
outlay for the operation thereof as established in
the approved Budget Document .
SECTION 7 That the sum of $50 ,000 is hereby appropriated out
of the Utility Impact Fund for operating expenses
and other purposes as established in the approved
Budget Document .
SECTION 8 That the sum of $18 ,000 is appropriated out of
remaining 1988 Certificates of Obligation Bond
Fund for capital improvements , engineering , legal
and related costs for improvements to the Wylie
Landfill (Landfill Fund) .
SECTION 9 That the sum of $10 ,000 is hereby appropriated out
of the Utility Lift Station Fund for the purposes
of paying operating expenses and other purposes as
established in the approved Budget Document .
SECTION 10That the sum of $33, 150 is hereby appropriated out
of the available (1986 G.O. Equipment Notes Issue)
funds from the Public Safety Equipment Fund and
$22 ,200 is hereby appropriated out of Public
Property Contractual Obligations Escrow Fund (1988
G.O. Equipment Notes Issue) for the purpose of
utilizing the funds for principal and interest
payments for the respective issues .
SECTION 11That specific authority is hereby given to the
City Manager to transfer appropriations budgeted
from on account classification or activity to
another within any individual department or
activity; and, to transfer appropriations from
designated appropriations to any individual
department or activity as provided in the City
Charter .
SECTION 12That ordinances or parts of ordinances in conflict
herewith are hereby repealed .
SECTION 13That this ordinance shall be and remain in full
force and effect from and after its final passage
and publication as here in provided .
SECTION 14That a public meeting be held before the City
Council as a Committee as a whole , on September
12 , 1989 , and that due notice of said public
hearing was published one time in a newspaper
having general circulation in the City of Wylie;
this ordinance shall be published in a newspaper
having general circulation in the City of Wylie.
This ordinance to become effective upon its passage and
approval September 12 , 1989 , and publication hereof .
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, ON THE 12TH DAY OF SEPTEMBER, 1989 .
Chuck Trimble, Mayor
ATTEST :
Carolyn Jones, City Secretary
y7
ORDINANCE NO.
AN ORDINANCE FIXING THE TAX RATE AND LEVY IN AND FOR THE
CITY OF WYLIE, TEXAS FOR THE YEAR 1989 , UPON ALL TAXABLE
PROPERTY IN SAID CITY OF WYLIE, TEXAS, FOR THE PURPOSE OF
PAYING THE CURRENT EXPENSES OF SAID CITY OF THE FISCAL YEAR
ENDING SEPTEMBER 30 , 1990 AND THE FURTHER PURPOSE OF
CREATING A SINKING FUND TO RETIRE AND THE PRINCIPAL AND
INTEREST OF THE BONDED INDEBTEDNESS OF SAID CITY: PROVIDING
FOR A LIEN ON ALL REAL AND PERSONAL PROPERTY TO SECURE
PAYMENT OF TAXES DUE THEREON: PROVIDING THAT IN THE EVENT
ANY PROVISIONS OF THIS ORDINANCE BE HELD UNCONSTITUTIONAL
AND THAT SUCH HOLDING SHALL NOT AFFECT THE REMAINING
PROVISIONS HEREOF: REPEALING ALL ORDINANCES AND PARTS
THEREOF IN CONFLICT HEREWITH AND PROVIDING FOR PUBLICATION:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1 There is hereby levied for the fiscal year 1989
upon all real property situated within the
corporate limits of said City of Wylie, Texas, and
upon all personal property which was owned within
the corporate limits of said City of Wylie, Texas ,
on the first day of January, A.D. , 1989 , except so
much thereof as may be exempt by the Constitution
of the State of Texas , a total tax of Fifty-five
and one-half cents ( .5550) , on each One Hundred
($100 .00 ) Dollars of assessed valuation on all of
said property which said total tax here now levied
as aforesaid is respectively as follows :
SECTION 2 An ad valorem tax of and at the rate of Thirty-six
and eleven hundredths cents (0 . 39629 ) on each One
Hundred Dollars ($100 .00) of assessed valuation of
said taxable property is hereby levied for the
year 1989 , for the general city purposes and to
pay the current operating expenses of said City of
Wylie, Texas, for the fiscal year ending September
30 , 1990 , which tax , when collected shall be
appropriated to and for the credit of the General
Fund of said City of Wylie , Texas .
SECTION 3 An ad valorem tax of and at the rate of Fifteen
and fourteen hundredths cents (0 .15871 ) on each
One Hundred ($100 .00) of assessed valuation of
said taxable property is hereby levied for the
year of 1989 , for the purpose of creating an
Interest and Sinking Fund with which to pay the
interest and retire the principal of the valid
bonded indebtedness , capital lease payments , and
related fees of the City of Wylie, Texas , now
outstanding , and such tax when collected shall be
appropriated and deposited in and to the credit of
the Interest and Sinking Fund of the City of
Wylie, Texas for the fiscal year ending September
30 , 1990 .
SECTION 4 The City of Wylie shall have a lien on all taxable
property located in the City of Wylie to secure
the payment of taxes , penalty interest , and all
costs of collection , assessed , and levied hereby.
4,,
SECTION 5 Taxes are payable in Wylie, Texas at the Office of
the Tax-Assessor Collector , Finance Department ,
Municipal Complex, 2000 Hwy 78 North (P.O. Box
428) . The City shall have available all the
rights and remedies provided by law for the
enforcement of the collection of taxes levied
under this ordinance.
SECTION 6 That the tax roll presented to the City Council ,
together with any supplements thereto, be and same
are hereby accepted . (See Attachment A - 1989
Certified Tax Roll , Attachment B - 1989 Property
Tax Rates)
SECTION 7 In the event any provision of this Ordinance shall
be held unconstitutional and invalid by a court of
competent jurisdiction , the same shall not affect
the remaining provisions thereof .
SECTION 8 All Ordinances and part thereof in conflict with
any of the provisions of this Ordinance are hereby
expressively repealed .
SECTION 9 The caption of this ordinance to be published on
time in a newspaper having general circulation in
the City of Wylie, Texas , and to become effective
immediately upon its passage and publication .
PASSED AND APPROVED, AND ORDERED PUBLISHED BY THE CITY
COUNCIL OF THE CITY OF WYLIE, TEXAS, THIS THE 12TH DAY OF
SEPTEMBER, 1989 .
Chuck Trimble, Mayor
ATTEST:
Carolyn Jones, City Secretary
lif
ATTACHMENT A
•
CENTRAL APPRAISAL DISTRICT •
OF
COLLIN COUNTY
1201 W. 15th Street, Room 136
Plano, Maas 75075
214/423-8802
214/542-0306 July 20, 1989
Mr. Charles Norwood, City Manager
City of Wylie
P. O. Box 428
Wylie, Texas 75098
Re: 1989 Appraisal Rolls
Dear Mr. Norwood,
The 1989 Appraisal Rolls have been completed and approved by the Appraisal Review
Board. The data transfer tapes have been processed and should be delivered to your
tax assessor-collector on Monday, July 24, 1989.
The total certified taxable value for the City of Wylie is $305,872,622.
This total includes new property added for 1989:
New Construction $ 15,483,746
New Personal Property $ 928,151
Annexation $ 3,257,847
Total New Property $ 19,669,744
If you should have any questions concerning this information, please contact us. Thank
you for your support and confidence.
Sincerely,
immie C. Honea
Chief Appraiser
JCH/dlw
CENTRAL APPRAISAL DISTRICT
OF
COLLIN COUNTY
1201 W. 15th Street, Room 136
Plano, Maas 75075
214/423-8802
214/542-0306
STATE OF TEXAS X
X PROPERTY TAX CODE, SECTION 26.01(a)
COUNTY OF COLLIN X
CERTIFICATION OF APPRAISAL ROLL FOR City of Wylie
I, Jimmie C. Honea, Chief Appraiser for the Central Appraisal District of Collin
County solemnly swear that the attached is that portion of the approved Appraisal Roll
of the Central Appraisal District of Collin County which lists property taxable
by City of Wylie and constitutes the appraisal roll for City of Wylie in the amount of
$305,872,622.
July 20, 1989 -� (l►o�
Signature of Chief ppraiser
Approval of the appraisal records by the Central Appraisal District of
Collin County Appraisal Review Board occurred on the 13th day of
July, 1989.
ATTACHMENT B .�--•
1989 PROPERTY TAX RATES IN THE CITY OF WYLIE
This notice concerns 1989 property tax rates for City of Wylie. It presents information
about three tax rates. Last year's tax rate is the actual rate the taxing unit used to
determine property taxes last year. This year's effective tax rate would impose the
same total taxes as last year if you compare properties taxed in both years. Compare
it to the tax rate the taxing unit proposes for this year. This year's rollback tax rate
is the highest tax rate the taxing unit can set before taxpayers can start tax rollback
procedures. In each case these rates are found by dividing the total amount of taxes
by the tax base (the total value of taxable property) with adjustments as required by
state law. The rates are given per $100 of property value.
Last year's tax rate:
Last year's operating taxes $ 1,027,941
+ Last year's debt taxes $ 474,415
Last year's total taxes $ 1,502,356
•
• . Divided by last year's tax base $ 293,142,666
Last year's total tax rate $ 0.512500 /100
•
This year's effective tax rate:
Last year's adjusted taxes $ 1,498,680
<after subtracting taxes on lost property
and taxes to correct appraisal roll errors)
•/. Divided by this year's adjusted tax base $ 286,202,908
(after subtracting taxes on new property)
This year's effective tax rate $ 0.523642 /100
• x 1.03
1 = Maximum rate unless unit publishes
notices and holds hearings $ 0.539352 /100
This year's rollback tax rate:
Last year's adjusted operating taxes $ 1 055 948
(after subtracting taxes on lost property ' '
and taxes to corrrect appraisal roll errors
and adding taxes lost in court suits)
•/. Divided by this year's adjusted tax base $ 286,202,908
(after subtracting taxes on new property)
= This year's effective operating rate $ 0.36895 /100
x 1.08
= This year's maximum operating rate $ 0.39847 /100
+ This year's debt rate $ 0.15871 /100
= This year's rollback rate $ 0.55718 /100
cot
SCHEDULE A: Unencumbered Fund Balances
The following balances will probably be left in the unit's property tax accounts at the
end of the fiscal year. These balances are not encumbered by a corresponding debt
obligation.
Type of Property Tax Fund Balance
General Fund. M be 0 $ 20,200
General Fund I do S $ 6,890
SCHEDULE B: 1989 DEBT SERVICE
The unit plans to pay the following amounts for long-term debts that are secured by
property taxes. These amounts will be paid from property tax revenues (or additional
sales tax revenues, if applicable).
Principal
Description Contract Payment Interest Other Amounts Total
of Debt to be Paid to be Paid to be Paid Payment
1980 Cert. of Ob $ 15,000 $ 3,825 $ 315 $ 19,140
1988 Cert. of Ob $ 30,000 $ 110,065 $ 810 $ 140,875
1989 Cert. of Ob $ 15,000 $ 17,100 $ 360 $ 32,460
1986 Gen Ob Bonds $ 50,000 $ 135,385 $ 925 $ 186,310
1986 General Obligation
(Equip Notes/Pub. Safety) $ 30,000 $ 3,150 $ 380 $ 33,530
1988 General Obligation
(Equipment Notes) $ 75,000 $ 21,025 $ 385 $ 96,410
TOTALS $ 215,000 $ 290,550
$ 3,175 $ 508,725
Total required for 1989 debt service $ 508,725
- Amount (if any) paid from funds listed in
Schedule A $ 0
- Excess collections last year $ 23,270
= Total to be paid from taxes in 1988 $ 485,455
+ Amount added in anticipation that the unit will
collect only 100% of its taxes in 1989 $ 0
= Total Debt Service Levy $ 485,455
This notice contains a summary of actual effective and rollback tax rate calculations.
Yo can inspect a copy of the full calculations at the City of Wylie; 2000 Highway
78 N rth, W lie, Texas 7 a.98.
.
t L. //Lf. GJJt/_-t_, . 11 --,
Prudence Kling, ax Ass ssor/Collector
City of Wylie
if :,�
V
APPLICATION
TO
❑ Board of Adjustment and Appeals (Building) ORDINANCE 83-15
III Board of Adjustment and Appeals (Zoning) ORDINANCE 81-5
III Planning and Zoning Commission ORDINANCE 81-5
NAME 14L 1-✓ ,,,, 5 . DAA)
ADDRESS .5 • r-� w.-- 1341-i- I Ft, D 11)-k-..,
SUBDIVISION A )i a--K /31,::-f2a c,,„ ,t,
BASIS OF APPLICATION:
IJ Interpretation
II Special exception for use or development
liiiiVariance
Rezoning
Exception to Building Code
EXPLANATION: s/z3
Jao ti-es 1.-- 2-0 z.."- A /
-! Tc..J v f9- c..1 -a c-e.., r-
i2c Tom.,
1
1
SIGNITURE of APPLICANT y/ fr
•
. r
DATE . 7— Crl
,
Must be accompanied by filing fee of $ 7- S , v
•
Received: 44--
Date: - 7-- iC
CODE EN 0F.L................
OFFICER — •
y
I
I
14
WM
• ..__ _,
10
••O.
•3 '• • ••' '•••.•
._•• • Q . •
J.
9
•• •. •
. • �• i .' . 1
• et 16A � �
•• • r •% e•
Qas ••a
•
• i
•' J 28 28 i0 I
II. ' 8 I 4
.'• a)4••ti,r 5 6 29 8 7 E
• 29 29 10 K
7 — - -
_
•
15' T.P. d ; . ESi
ROAD E . STO
30 - -
29
5 A I I 10 9 8
28 3 I /
27 / i
•
- • •�.
• ID
tin/ 0
• •
•
•
•• ••
•
6 5 4 3 2 I ••
• A •
•
12
••�� .•• 13 14 15
• •
•. .
S .
• •
DUNCAN •• •'• WAY . •s�,
•
I I I r ` 't''• I I i I rLrt-�
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING MAXIMUM
LAWFUL PRIMA FACIE SPEED LIMITS AT CERTAIN LOCATIONS ON STONE ROAD,
SOUTH BALLARD AVENUE, BROWN STREET, OLD HIGHWAY NO. 78, AND McCREARY
ROAD; PROVIDING FOR THE ERECTION OF SIGNS; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES IN CONFLICT, EXCEPT ORDINANCES DESIGNATING SCHOOL ZONES
AND SPEED LIMITS THEREIN FOR BROWN STREET AND STONE STREET; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE
SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, upon the basis of an engineering traffic investigation, the City Council
of the City of Wylie has determined that the maximum lawful prima facie speed limit
on the streets named hereafter and in the locations described should be established at
a level that is reasonable and safe under the conditions found to exist thereat taking
into consideration the width and condition of the street and other circumstances, as
well as the usual traffic thereon; and
WHEREAS, the City Council has determined a maximum lawful prima facie speed
limit at such locations and desires to give notice thereof by the posting of appropriate
signs; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS:
SECTION 1.
Except for the school zones and speed limits therein established by Ordinances
No. 89-9 and 87-60 for East Brown Street and Stone Street, respectively, the following
prima facie maximum speed limits are determined and declared to be reasonable and
safe for the street or highway or parts thereof named, and no person shall drive or
operate any motor vehicle upon any such street or highway or part thereof in excess
of such speed limits, and the operation of any motor vehicle at any speed in excess of
such speed limits shall be prima facie evidence that such speed is unreasonable and
imprudent and is unlawful. Such prima facie maximum speed limits are as follows:
56
STREET EXTENT SPEED (mph)
Stone Road Beginning at a point which lies
1,170 feet West of the centerline
of Stonehenge Drive, said point
being the point at which F.M. 544
E. departs from Stone Road, and
extending East a total distance of
2,690 feet to the most Easterly
City Limit of Wylie, said point being
the East line of the City of Wylie
Rush Creek Lift Station property 40
S. Ballard Avenue Beginning at the South right-of-way
line of Stone Road (F.M. 544 E.) and
extending 2,090 feet South to the
South right-of-way line of the existing
alleyway South of Stoneybrook Drive
(148.4 feet South of the South right-
of-way of Stoneybrook Drive) 30
S. Ballard Avenue Beginning at the South right-of way
line of an existing alleyway, South
of Stoneybrook Drive (148.4 feet
South of the South right-of-way line
of Stoneybrook Drive) and extending
South a distance of 2,400 feet to the
South line of Twin Lakes Subdivision
(135 feet South of the South right-of
way line of Martin Drive) 40
Brown Street Beginning at the East right-of-way of
State Highway No. 78 and extending
East a distance of 4,220 feet to the
East line of Eastridge Addition (482.95
feet East of the East right-of-way line
of W.A. Allen Boulevard) 35
Brown Street Beginning at the East line of Eastridge
Addition (482.95 feet East of the East
right-of-way line of W.A. Allen Boulevard)
and extending East a distance of 5,060
feet to the point where Old Highway No.
78 departs from Brown Street 45
Old Highway No. 78 Beginning at the point where Old Highway
No. 78 departs from Brown Street and
extending Northeast a distance of 2,650
feet to the South right-of-way line of
State Highway No. 78 45
McCreary Road Beginning at the North right-of-way
line of F.M. Highway No. 544 and
extending North a distance of 8,570
feet to the Northern most City Limits,
said point being the North property line
of the Southfork Mobile Home Park and
the right-of-way line of McMillen Road 45
SECTION 2.
The speed limits designated herein shall not be effective unless and until
appropriate signs are erected in accordance with the Uniform Manual on Traffic Control
Devices promulgated by the State Department of Highways and Public Transportation,
and the City Manager or designee is hereby authorized and directed to cause such signs
to be erected.
SECTION 3.
Except for the school zones and twenty (20) miles per hour speed limit established
in Ordinance No. 89-9 for East Brown Street and in Ordinance No. 87-60 for Stone
Street, any and all ordinances or parts of ordinances of the City of Wylie, Texas, in
conflict with the provisions of this ordinance are hereby repealed.
SECTION 4.
Should any paragraph, sentence, clause or phrase of this ordinance be declared
invalid or unconstitutional for any reason, the remaining portions of this ordinance shall
remain in full force and effect, and are declared to be severable.
SECTION 5.
Any person, firm or corporation violating any provision of this ordinance shall
be guilty of a misdemeanor, and upon conviction in the Municipal Court of the City of
Wylie, Texas, shall be subject to a fine not to exceed the sum of Five Hundred Dollars
($500.00) for each offense.
SECTION 6.
This ordinance shall take effect immediately from and after its passage and the
publication of its caption as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Wylie, Texas, on the
day of , 1989.
APPROVED:
MAYOR
ATTEST:
CITY SECRETARY
A ROVED AS TO FOR r
1 � Ni
CITY ATTORNEY
RLD/sb
8/24/89 S
RESOLUTION NO. 89-9-12-89-1
RESOLUTION FOR THE CITY OF WYLIE, TEXAS
SUPPORTING THE RAILROAD GRADE CROSSING
AGREEMENT FOR McCREARY ROAD BETWEEN THE
CITY OF WYLIE AND THE ST. LOUIS
SOUTHWESTERN RAILWAY COMPANY:
WHEREAS, The City Council agrees that it is in the best
interest of all of the citizens of Wylie to
provide a railroad grade crossing for McCreary
Road in order to provide access to the Northwest
portions of Wylie and,
WHEREAS, The City Council agrees that the funding for this
railroad grade crossing will come from the Collin
County 1983 Bond funds ;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS :
SECTION 1 RAILROAD GRADE CROSSING AGREEMENT
The agreement between the St. Louis Southwestern
Railway Company and the City of Wylie, Texas
covering land at Wylie, Collin County, Texas , for
right of way purposes for a public road designated
as McCreary Road, TCC-583. 27 is hereby authorized.
SECTION 2 FUNDING
The' City of Wylie accepts the cost estimate of
$132, 718 by the St. Louis Southwestern Railway
Company as being reasonable and authorize Collin
County to expend said amount of funds out of the
1983 Collin County Bond funds .
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS ON THIS THE 12TH DAY OF SEPTEMBER, 1989.
Chuck Trimble, Mayor
ATTEST:
Carolyn Jones, City Secretary
6v BE
0T014 T St.Louis Souti ,jestem
ROUTE
Railway Company
Southern Pacific Building•One Market Plaza•San Francisco,California 94105
G.L.MURDOCK
CHIEF ENGINEER
IN REPLY PLEASE REFER TO
September 2, 1988
E-0814/323-2 (WYL )
T-PB-WYL-88-8
r -
Mr. Ron Homeyer, P.E. � 2FT, nc`J7 1
Assistant City Engineer I ; ,- ' 1
City of Wylie I �
i 61988 •1
P. O. Box 428 `t � � .I1 ;, I
Wylie , TX 75098 i
Dear Mr. Homeyer: 1 _�
This is in reference to the proposed McCreary Road
crossing, TCC-583 .27, in the City of Wylie.
Attached are duplicate counterparts of proposed agree-
ment covering this project. Please arrange for execution on
behalf of the City and return both counterparts to this office
for our similar handling. You should also attach a certified
copy of resolution passed by the City Council authorizing execu-
tion and acceptance of the document.
Also attached for your information is copy of detailed
estimate in the amount of $132 ,718 covering proposed work.
Should you have any questions, please do not hesitate to contact
Mr. Jumper of my office at 415/541-1570.
Yours very truly,
/ /`/ l s(%A-1%
:(-
Attach.
a Southern Pacific subsidiary
0
PAGE 1 OF S MCREARY DATA
MCREARYI REP
DETAIL OF ESTIMATE C.S. F-30
GI10 MO YR HHP 07/06/::
-- — F-30 IIFILE II E-0814/323-2(WYL)
STATION WYLIE ABJECT PROPOSED GRADE CROSSING OF MCCREARY ROAD TCC-583.27 DIVN PINE BLUFF
DRAWING 86-9801 DATED 6-17-86
-EIN DESCRIPTION Ur QUANTITY LABOR MATERIAL 0TH-COST N-CASH TOTAL EIN TOTAL CASH
RECOLLECTIBLE --
622 CROSS TIES 7X9X9 EA 37.000
INSTALL CROSS TIES 0 740 0 0 740 740
TRAVEL TIME & TRAFFIC DEL � 67.000 281 0 143 47 424 377
ENGINEERING LT
55 0 28 9 83 74
ADDITIVE 91.5X (CITY/IND) LT 1.000 24 0 12 4 36 32
1.000 0 0 330 0 330 330
NTL-ADD 8 1 FRE-SPT 1.000
MIL-ADD 61 FFRE 0 0 594 50 459
4 0
1.000 0 0 4
CONTINGENCIES 0
1.000 0 0 59
171 12 171 159
{TOTAL EIN 622
360 740 787 131 1::7 1756
624 NEW RAIL - SSW NT 5.
LDS 304 0 2534 0 0 2534 2534
PLANT WE IL EA 2.000 0 89 0 0
89 89
INSTALL LD
TF 117.000 307 0 156 52 463 411
TRAVEL TIME & TRAFFIC DEL LT 1.000 b0 0
ENGINEERING LT 1.000 33 4 14 49 81
26 0 1
ADDITIVE 91.5% (CITY/IND) 35
L 000 360 0 0 360 0 36p
MTL-ADD 8 X FRE-SPT 1.000
MTL-ADD 61 FFRE 0 0 21.000 0 09209 209 0
CONTINGENCIES 1.000 0 0 0 394 27 157 0 39494 367
367
{TOTAL EIN 624
393 2623 1320 302 4336 4034
629 FIELD WELDS EA 2.000
TRAVEL TIME & TRAFFIC DEL LT 1.000 222 138 1132 37 4 436
ENGINEERING 43 0 22 7 65 58
ADDITIVE 91.5% (CITY/IN)D) LT 1.000 19 0 9 3
28 250
MTL-ADD 8 X FRE-SPT 1.000 0 0 211 0 211 260
MIL-ADD 6% FFRE 1.000 0 0 11 11 11
1.000 0 0 0
�INGE1'(GIES 8 0 8 8
1.000 0 0 84 6 84 78
'TOTAL EIN 629
284 138 507 b4 929 865
633 BALLAST NT 67.000
INSTALL BALLAST 0 351 0 0 351 351
TRAVEL TIME & TRAFFIC DEL LT 1.000 245 0 125 8 370 329
LT 1.000 48 0 24 8
=EKING LT 1.000 21 0 72 28
10 3 313
ADDITIVE 91.51 (CITY/IND) 1.000 0 0 288 0 288 288
MIL-ADD
8 X FRE-SPT 1.000 0 0
28 28 28 0
f-I
RAF/rb — VI — 8/17/88 — 73810/323-2
APPROVED AS TO FORM BY GENERAL COUNSEL
MARCH 15, 1973 C.S.7362
STREET OR HIGHWAY EASEMENT
airs hnirnturr, made this day of . 19 , by and between.
ST. LOUIS SOUTHWESTERN RAILWAY COMPANY,
a Missouri corporation, herein called "Railroad", and
CITY OF WYLIE, a municipal corporation of
the State of Texas, 108 South Jackson, Wylie, Texas 75089,herein called "grantee
1. That Railroad hereby grants to Grantee the right to construct, reconstruct, maintain and use a street or highwa:,.
hereinafter termed "highway", upon and across the real property described on the attached Exhibit "A".
2. The rights herein granted are expressly limited vertically and shall not extend beyond a plane parallel with and
twenty (20) feet above the roadway surface of the highway as originally constructed, except that lighting fixtures and sim -
lar highway appurtenances may extend above said plane, provided that any such facilities will be removed or rearranges
within thirty (30) days after notification from Railroad that such facilities interfere with Railroad's intended use of the
space above said plane.
3. This grant is subject and subordinate to the prior right of Railroad, its successors and assigns, to use all the pro-
perty described in the performance of its duty as a common carrier, and there is reserved unto Railroad. its successors ace:
assigns, the right to construct, reconstruct, maintain. use and remove existing and future transportation, communication.
power and pipeline facilities in, upon, over, under, across or along said property. In the event Railroad trackage facilitie>
are removed from said property. Railroad shall not be obligated to make any change in the grade of said highway. nu:-
shall such removal affect Railroad's title to the underlying property.
This grant is subject to all licenses, leases. easements. restrictions. conditions, covenants. encumbrances. liens and
claims of title which may affect said property, and the word "grant" shall not be construed as a covenant against thr
existence thereof.
4. The rights herein granted shall lapse and become void if the construction or reconstruction of said highway is no:
commenced within two (2) years from the date first herein written.
5. This grant shall not be construed as conveying or otherwise vesting in Grantee the right to install or to authorize
the installation of any ditches, pipes, drains, sewer or underground structures, or the facilities of any telegraph, telephone
or electric power lines in. upon, over, under. across or along said property, except as necessary for maintenance of said
highway.
6. Grantee shall obtain any necessary governmental authority to construct, reconstruct. maintain and use said highway
Any contractor performing .vork on the property herein described shall execute Railroad's standard form of contractor'-
agreement prior to commencing any work on Railroad's premises.
7. Except as herein otherwise provided, Grantee shall bear the entire expense of constructing, reconstructing and main-
taining said highway. The crossing of said highway over any tracks of Railroad shall be constructed and maintained at the
grade of said tracks now or hereafter existing. After the construction or reconstruction of said highway has been completed
Railroad shall maintain the surface of that portion of said highway between lines two t'?) feet outside the rails of each tract.
located thereon. Should Railroad abandon tracks leading to said highway. Railroad may abandon its rails. ties and appurte-
nant materials and leave same in place. In such event. Railroad shall not be liable for maintenance of the portion of sale
highway specified above.
8. As part consideration herefor. Grantee agrees to pay Railroad an amount equal to all assessments levied by an.,
lawful body against the property of Railroad to defray any part of the expense incurred in connection with the construct;en
or reconstruction of said highway commenced within two (2) years from the date first herein written.
9. Should Grantee at any time abandon the use of said property or any part thereof. or fail to use the same for sai,
purpose for a continuous period of one ii) year, the rights granted shall cease to the extent of the use so abandoned ar
discontinued, and Railroad shall at once have the right. in addition to but not in qualification of the rights hereina)'eve re-
served, to resume exclusive possession of said property or the part thereof the use of which is so discontinued or abandoned
Upon termination of the rights hereby granted, Grantee agrees to remove said highway, including the paving. from sal,.
property of Railroad. to restore said property as nearly as practicable to the same state and condition in which it exisa
prior to construction of said highway. and to bear the expense thereof. Should Grantee in such event fail. neglect or reE!-,
to so remove said highway and restore said property. such removal and restoration may be performed by Railroad at 'h�
expense of r;rantee, which expense Grantee agrees to pay to Railroad upon demand.
10. This indenture shall inure to the benefit of and be binding upon the successors and assigns of the parties beret,.,.
11. Sections 12 to 17 inclusive on the attached insert are hereby made parts of this
indenture.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate as of the day and
year first herein written.
ST. LOUIS SOUTHWESTERN RAILWAY COMPANY CITY OF WYLIE
By By
(Title) Mayor
Attest By
Assistant Secretary Clerk
I, t
INSERT
McCREARY ROAD, CROSSING TCC-583.27
CITY OF WYLIE, TEXAS
12 . Railroad shall furnish the necessary labor, materials, tools
and equipment and shall perform the following work:
(a) install two flashing light grade crossing signals augmented
with automatic gate arms together with necessary actuating
and operating circuits hereinafter collectively referred to
as "signals" at said highway. Said signals shall be located
approximately as shown on the print of Railroad' s Drawing
86-9801 , sheet 1 of 1 , dated June 17 , 1986 , attached and
made a part hereof. Installation of and all materials for
said signals shall be in accordance with Railroad' s usual
standards;
(b) prepare track including relay of rail and ties; and
(c) install treated timber planking through the crossing area.
Grantee agrees to reimburse Railroad for one hundred percent
( 100% ) of the cost and expense incurred by Railroad in furnishing
materials and performing the work specified in this Section 12 .
13 . Following execution of this instrument, Railroad will order
the delivery of all materials required to perform the work
contemplated herein and shall submit to Grantee a bill for eighty
percent (80%) of Grantee ' s share of the estimated cost of materials to
be furnished by Railroad. As soon as the crossing signals and/or
crossing surface have been placed in operation, Railroad shall submit
to Grantee bills for eighty percent (80%) of Grantee ' s share of the
estimated cost of applicable labor furnished by Railroad. Following
completion of audit, Railroad shall submit to Grantee a final bill for
the actual total cost of work performed by Railroad less the progress
payments made by Grantee hereunder. Grantee shall pay all such bills
promptly . In the event progress payments made by Grantee exceed the
audited total final cost, the difference shall be promptly refunded to
Grantee by Railroad.
14 . City as a part of the project agrees to close and barricade
the existing private road crossing located at Engineer' s Station
5470+75.
15 . The work to be performed by Railroad hereunder shall be
commenced as soon as labor and materials are available following
execution of this instrument and shall be completed within one (1 )
year thereafter.
16 . After installation of said signals has been completed,
Railroad shall maintain same so long as they remain in place. If
federal funds, or any other governmental funds for maintenance become
available, Railroad shall be reimbursed to the extent of such
availability.
G 3
17 . The parties intend that the promises and obligations of this
indenture shall constitute covenants running with the land so as to
bind and benefit their respective successors and assigns.
EXHIBIT "A"
BEING a tract of land situated partly in the City of Murphy and partly in
theCity of Wylie, all in the County of Collin, State of Texas, being portions of
Moses Sparks Survey, Abstract No. 849 and James W. Maxwell Survey, Abstract No.
582 and being more particularly described as follows:
BEGINNING at an iron rod marking the intersection of the line common to
said Moses Sparks Survey and James W. Survey, with the northerly line of land
(100 feet wide) of St. Louis Southwestern Railway Company;
THENCE South 84°08'00" East along said northerly line being parallel with
and distant 50.00 feet northerly, measured at right angles, from the original
located center line of said Company's main track (Fort Worth Branch) , 73.00 feet
to a point for corner of herein described tract;
THENCE South 05°52'00" West crossing said center line of track, 100.00
feet to a point for corner of herein described tract in the southerly line of
said Company's land;
THENCE North 84°08'00" West along said southerly line being parallel with
and distant 50.00 feet southerly, measured at right angles, from said center
line of main track passing said common survey line of the Moses Sparks Survey
and James W. Maxwell Survey at 66.00 feet and continuing for a total distance of
88.00 feet to a point for corner of herein described tract;
THENCE North 05°52'00" East, 100.00 feet to a point for corner of herein
described tract in said northerly line;
THENCE South 84°08'00" East along said northerly line, 15.00 feet to the
POINT OF BEGINNING, containing an area of 0.202 of an acre, more or less.
1 of 1
(Ps
i
1 ' ;ITIII
I
50 _-_ — 50
I a
r1-4---33' 1-I5'►f111 22 c�
ct
(11 I _o
JAMES W. MAXWELL SURVEY I 1 E 1 •
•1 I \
I �, I MOSES SPARKS SURVEY
Abst. No. 582 I o 1 c
I �+ n I p 1 Abst. No. 849
} o I Q I n
! I ti 1 0 1 m L
I
J 1 Ce I
/ I I .
I Ii :I:;• ': ': f•{• y :ii„ r•. 40'x.42'1 9 22' x 30° RC P culvert by the City -7"."'
�•:;i :•t TCC 583.27
Proposed flasher light 8 gate— ;:: :;:;a: •: E S 5473459
in
o •"'{• 4 Y• Proposed 9 x 271 timber crossing
�-- To Fort Worth a 1 Ot "I•' ' : :.
_t•••••)•" :•: � x, N To Mt. Pleasant --0-•
NIS
' 0 .% :� Proposed flasher light gate I44441/
I I q :C•: :t:; :: ; - --- 70' x 18" RCP culvert by the City
6" Petroleum products pipeline _ in
__ + _ zt:;;Z:':;:�;: :;./: ... '; ;;44%.;;•: ;: :1-
American Liberty Pipeline Co. I 1 .: .:l:. : 66 - - --- - -- - - - _ _ _ _ __ ._ _
I >- 1
. , I I
i Q I
I W 1
p� 1 1 c
U i VI
I 1 0 I c_ o
I*\ I 2 I > 0
r I 1 a .
I0 c• I
•
LL ; ? G 1 L• �7L , e>✓ 3 St. Louis Southwestern
I u I i . Railway Company
I I 1 Engineering Department
i ITI D I Dolioe, Texoa
I L • CD
n WYLIE, TEXAS
r t
3 'r' Proposed extension of
o T LL McCREARY. ROAD
LEGEND I �� O SCALE I" • 50'
1 U J -1,-
re) t4L grr. .. snEE* - -uRAwh WI $M% ,.«Ecn[D B•
1.111.11111111111111.- (Red) To be installed by Railway I i I
f- , (p R0uTE Ho TCC M. 6e3.27 DRAWIRlq.. Se-eeol
ra Proposed easement I I
,�.•,�� 1 i U o4TE 8-IT-ee SHE E T NO t Of I
Railway property I
1
REYiSE� 1p E,iE (RAWER
1 1 I 1
DAVID A \ & ASSOC AT-S I \C,
August 25, 1989 f
i
The Honorable Chuck Trimble
Mayor, City of Wylie
P. O. Box 428
Wylie, Texas 75098
Dear Mayor Trimble:
On September 26 a delegation from Collin and Dallas Counties
will ask the Highway Commission to approve the seven mile stretch
of SH 190 between the Dallas North Tollway and IH 35 (E) .
As you know, The Commission has previously approved SH 190
from SH 78 to the Tollway.
Since your Community will enjoy indirect benefits from the
SH 190 Freeway, would you join with the Cities and Counties along
the 21 mile corridor in encouraging the Commission to look upon
the request favorably?
A draft, generic resolution is attached for your use as
appropriate.
Thank you, and call if you want more information.
Sincerely,
Davd Griffin
Attachment
DAG/vcy
RESOLUTION NO.
A RESOLUTION OF THE CITY OF WYLIE, TEXAS
ENCOURAGING THE TEXAS HIGHWAY COMMISSION
TO APPROVE THE CONSTRUCTION OF STATE
HIGHWAY 190 BETWEEN IH 35 (E) AND THE
DALLAS NORTH TOLLWAY
WHEREAS, the City of Wylie supports the complete
development of SH 190 from SH78 to IH 35 (E) ; and
WHEREAS, the Texas Highway Commission has on previous
occasions in 1985 and 1987 approved the
construction of SH 190 from SH 78 to the Dallas
North Tollway; and
WHEREAS, the Citizens of Wylie will enjoy great economic
and mobility benefits when SH 190 is completed to
IH 35 (E)
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS,
SECTION 1 That the Highway Commission is encouraged to
approve construction and the Dallas North Tollway.
PASSED AND APPROVED ON THIS THE DAY OF
, 1989 .
Chuck Trimble, Mayor
ATTEST :
Carolyn Jones , City Secretary
/I
RESOLUTION NO.
RESOLUTION FOR THE CITY OF WYLIE, TEXAS
EXPRESSING THEIR APPRECIATION TO THE
STATE DEPARTMENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION FOR CONSTRUCTING RIGHT
TURN LANES ON STATE HIGHWAY NO. 78 AT
THE F. M. 544 / KIRBY STREET
INTERSECTION:
WHEREAS, The City Council agrees that the intersection of
State Highway No. 78 with F. M. 544 / Kirby Street
is experiencing heavy traffic conditions ; and,
WHEREAS, The City Council agrees that the heavy traffic
conditions at the intersection of State Highway
No. 78 with F. M. 544 / Kirby Street has resulted
in numerous traffic accidents ; and,
WHEREAS, The City Council agrees that the construction of
the right turn lanes at the intersection of State
Highway No. 78 with F. M. 544 / Kirby Street has
reduced the traffic congestion and increased the
safety of the intersection;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
The State Department of Highways and Public
Transportation is hereby awarded the City' s
sincerest appreciation for constructing the right
turn lanes on State Highway No. 78 at the F. M 544
/ Kirby Street intersection in order to relieve
the traffic congestion and improve the safety of
the intersection.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS ON THIS THE 12TH DAY OF SEPTEMBER, 1989.
Chuck Trimble, Mayor
ATTEST:
Carolyn Jones , City Secretary
7Aso
RESOLUTION NO.
RESOLUTION FOR THE CITY OF WYLIE, TEXAS
SUPPORTING THE PIPE LINE LICENSE
AGREEMENT BETWEEN THE CITY OF WYLIE AND
THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY:
WHEREAS, The City Council agrees that all of the citizens
of Wylie wish to improve the City' s wastewater
collection system in order to comply with the
current Texas Water Commission Enforcement Order ;
and,
WHEREAS, The City Council agrees that in order to increase
the capacity of the City' s main collector line
which transports the citizens wastewater from the
majority of the City to the wastewater treatment
plant, a new line must be constructed across the
Atchison, Topeka and Santa Fe Railway Company' s
Texas Division, Paris Subdivision Facility ;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS :
SECTION 1 : PIPELINE LICENSE AGREEMENT
The pipeline license agreement between the
Atchison, Topeka and Santa Fe Railway Company and
the City of Wylie, Texas for the construction of a
15. 30 inch sewage pipe line at MP 74 + 4964. 0,
Wylie, Texas is hereby authorized.
SECTION 2: FUNDING
The City of Wylie accepts the license fee in the
amount of $400. 00 as reasonable and does hereby
authorize the payment of the same.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS ON THIS THE 12TH DAY OF SEPTEMBER, 1989.
Chuck Trimble, Mayor
ATTEST:
Carolyn Jones, City Secretary
3
10dIr
4111b-
taumilimmir
NORTH TEXAS MUNICIPAL WATER DISTRICT
P.O.DRAWER C
WYLIE,TEXAS 75098 REGIONAL SERVICE THROUGH UNITY
PHONE NO.442-5405
August 15, 1989
Mr. Charles Norwood, City Manager
City of Wylie
P.O. Box 428
Wylie, Texas 75098
RE: Wylie Sewer Improvements
Santa Fe Pipe Line License
Dear Mr. Norwood:
Due to NTMWD ' s past involvement with the sanitary sewer
improvement program, the NTMWD had proceeded with the procuring
of the required license for the pipe line crossing of the
Atchison, Topeka and Santa Fe Railway Company . By letter dated
January 6, 1989, Santa Fe had transmitted the necessary pipe
line license for our execution.
NTMWD has not executed this agreement . Because our involvement
with this project has terminated , it is our understanding through
discussions with Santa Fe that this license must be executed
by the City of Wylie. In discussions between Mr. Jack Dick
of Santa Fe and Joe Stankiewicz of the NTMWD Engineering Staff
on July 24, 1989, it is permissable to modify the agreement
in order that it be executed by the City of Wylie.
Attached is the pipe line license. All previous references
to the North Texas Municipal Water District have been changed
to the City of Wylie. Santa Fe requires that the license be
executed by the City Manager and attested by the City Clerk .
When returning the original executed document , please include
a copy of the minutes reflecting the resolution passed by the
City Council authorizing this action.
If you have any questions , please call this office at (214)
442-5405.
Sincerely ,
CARL W. RIEHN
Executive Director
CWR:JMS :dgd
cc : Jim Parks , NTMWD
Jack Dick, Santa Fe
Santa Fe
The Atchison, Topeka and Santa Fe Railway Company
920 S.E. Quincy St.
P.O. Box 1738
Topeka, Kansas 66628 January 6, 1989
3JD881
WeliiliXTVAVAMMOILXWArigiaglaMM City of Wylie
XXFAXZxXD 3irExx P.O. Box 428
xxaympcxxxxxxvsna Wylie, Texas 75098
Gentlemen:
Referring to your request to construct a 15.30-inch sewage pipe line
across Santa Fe's right of way at MP 74+4964.0, Wylie, Texas.
Enclosed, in duplicate, is Santa Fe's standard license agreement
covering your proposed installation as identified by Exhibit No. 1-09471.
This agreement should be executed by the President or a Vice-President of your
firm and the original counterpart (stamped "Santa Fe Original") returned to
the undersigned, together with remittance of the $400.00 consideration
specified therein. You may retain the duplicate counterpart for your records.
When you have executed and returned this license, it will be
satisfactory to make the installation; however, you should contact Santa Fe's
Contract Representative in our Division Manager's Office at Fort Worth, Texas,
telephone (817) 878-1435, at least 48 hours in advance of your anticipated
construction in order that they may provide any flagging protection that may
be necessary. It will also be necessary that your construction crew or
contractor have in its possession an executed copy of the enclosed agreement
or satisfactory evidence from our Division Manager or his representative that
they have permission to be on our right of way to make the installation.
Please note that the specifications indicate a casing wall thickness
of 0.406 inches.
If you have any questions concerning this matter, please contact
Jack Dick, telephone (913) 357-2228.
Yours truly,
avL
A. W. Rees
General Manager
0127V/2228/5898a/6
A Santa Fe Southern Pacific Company
SANTA FE ORIGINAL 33D881
PIPE LINE LICENSE
THIS LICENSE, Made this 7th day of December , 1988 ,
between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Delaware
corporation (hereinafter called "Licensor") , party of the first part, and
VaidADMAMITAkWisikRAII§ingiTXXXX c; ty of Wy1 i e
A Municipal Corporation of the State of TPxas
Thereinafter, whether one or more, called 'Licensee") , party of tne second
part.
WITNESSETH, That the parties hereto for the consideration hereinafter
expressed covenant and agree as follows:
1. Subject to the terms and conditions hereinafter set forth,
Licensor licenses Licensee to construct and maintain one
( 1) pipe line , 15.30
inches in diameter (hereinafter, whether one or more pipe lines, called tne
"PIPE LINE") , across or along the right of way of Licensor at or near the
station of Wylie, Collin County, Texas
the exact location of the PIPE LINE being more particularly shown oy aold line
upon the print hereto attached, No. 1-09471 , dated
November 30, 1988 , marked "Exhibit A" and made a part hereof.
2. Licensee shall use the PIPE LINE solely for carrying _
sewage
and shall not use it to carry any other commodity or for any other purpose
whatsoever.
(a) Licensee covenants that it will not handle or transport
through the pipeline on Licensor' s property "hazardous waste" or "hazardous
substances", as "hazardous waste" and "hazardous substances" may now or in the
future be defined by any federal, state, or local governmental agency or
body. In the event the Pipe Line is now or in the future used in handling, or
transporting of "hazardous waste" or "hazardous substances", Licensee agrees
fully to comply with all applicable federal, state, and local laws, rules,
regulations, orders, decisions and ordinances (hereinafter referred to as
"Standards") concerning "hazardous waste" and "hazardous substances".
Licensee further agrees periodically to furnish Licensor with proof,
satisfactory to Licensor, that Licensee is in such compliance. Should
Licensee not comply fully with the above-stated obligations of this Section,
notwithstanding anything contained in any other provision hereof, Licensor
may, at its option, terminate this License by serving five (5) days' notice of
termination upon Licensee; but any waiver by Licensor of any breach of
Licensee's obligations shall not constitute a waiver of the right to terminate
this License for any subsequent breach which may occur, or to enforce any
other provision of this License. Upon termination, Licensee snail remove the
pipe line and restore Licensor's property as herein elsewhere provided.
3-4-85-1658/210V
1
(b) Notwithstanding anything contained in the liability section
hereof, in case of a breach of the obligations contained in this Section, or
any of them, regardless of the negligence or alleged negligence of Licensor,
Licensee agrees to assume liability for and to save and hold harmless Licensor
from and against all injuries to any person and damage to property, including
without limitation, employes and property of Licensor and Licensee and ail
related expenses, including without limitation attorneys' fees, investigators'
fees and litigation expenses, resulting in whole or in part from Licensee's
failure to comply with any Standard issued by any governmental authority
concerning "hazardous substances" and/or "hazardous waste". Licensee, at its
cost, shall assume the defense of all claims, suits or actions brought for
damages, and fines or penalties hereunder, regardless of whether they are
asserted against Licensor or Licensee. Licensee also agrees to reimburse
Licensor for all costs of any kind incurred as a result of the Licensee' s
failure to comply with this Section, including, but not limited to, fines,
penalties, clean-up and disposal costs, and legal costs incurred as a result
of Licensee's handling, transporting, or disposing of "hazardous waste" or
"hazardous substances" on the property of Licensor.
(c) It is understood and agreed that a Licensee who does not
now, or in the future, generate, handle, transport, treat, store or dispose of
on Licensor's property "hazardous waste" or "hazardous substances" within the
meaning of the Section, is not subject to tne provisions of Section i (o)
hereof.
3. Licensee shall pay Licensor as compensation for this license the
sum of Four Hundred and NO/100 Dollars ($400.00)
4. Licensee shall, at its own cost and subject to the supervision
and control of Licensor' s chief engineer, locate, construct and maintain tne
PIPE LINE in such a manner and of such material that it will not at any time
be a source of danger to or interference with the present or future tracks,
roadbed and property of Licensor, or the safe operation of its railroad. in
cases where the Licensee is permitted under paragraph 2 hereof to use the PIPE
LINE for oil, gas, petroleum products, or other flammable or niyhiy volatile
substances under pressure, the PIPE LINE shall be constructed, installed and
thereafter maintained in conformity with the plans and specifications snown on
print hereto attached in such cases, marked Exhibit B and made a part Hereof.
If at any time Licensee shall, in the judgment of Licensor, fail to perform
properly its obligations under this paragraph, Licensor may, at its option,
itself perform such work as it deems necessary for tne safe operation of its
railroad, and in such event Licensee agrees to pay, within fifteen (15) days
after bill shall have been rendered therefor, the cost so incurred by
Licensor, but failure on the part of Licensor to perform the obligations of
Licensee shall not release Licensee from liaoility hereunder for loss or
damage occasioned thereby.
5. Licensee shall reimburse Licensor for any expense incurred oy
Licensor for false work to support Licensor' s tracks and for flagman to
orotect its traffic during installation of the PIPE LINE and for any and ail
other expense incurred by Licensor on account of the PIPE LINE.
- 2 -
3-4-85/1658/210V
1
6. Licensee shall at all times indemnify and save harmless Licensor
against and pay in full all loss, damage, or expense that Licensor may
sustain, incur or become liable for, resulting in any manner from the
construction, maintenance, use, state of repair, or presence of tne PIPE LINE,
including any such loss, damage or expense arising out of (a) loss of or
damage to property, (b) injury to or death of persons, (c) mechanics' or otner
liens of any character, or (d) taxes or assessments of any kind.
7. If at any time Licensee shall fail or refuse to comply with or
carry out any of the covenants herein contained Licensor may at its election
forthwith revoke this license.
8. This license is given by Licensor and accepted by Licensee upon
the express condition that the same may oe terminated at any time oy either
party upon ten (10) days' notice in writing to be served upon the other party,
stating therein the date that such termination snail take place, and that upon
the termination of this license in this or any other manner herein provided,
Licensee, upon demand of Licensor, shall abandon the use of the PIPE LINE and
remove the same and restore the right of way and tracks of Licensor to the
same condition in which they were prior to the placing of the PIPE LINE
thereunder. In case Licensee shall fail to restore Licensor's premises as
aforesaid within ten (10) days after the effective date of termination,
Licensor may proceed with such work at the expense of Licensee. No
termination hereof shall release Licensee from any liability or ooligation
hereunder, whether of indemnity or otherwise, resulting from any acts,
omissions or events happening prior to the date the PIPE LINE is removed and
the right of way and track of Licensor restored as above provided.
9. In the case of the eviction of Licensee oy anyone owning or
obtaining title to the premises on which the PIPE LINE is located, or tne sale
or abandonment by Licensor of said premises, Licensor shall not oe liable to
Licensee for any damage of any nature whatsoever or to refund any payment made
by Licensee to Licensor hereunder, except the proportionate part of any
recurring rental charge which may have been paid hereunder in advance.
10. Any notice hereunder to be given by Licensor to Licensee snail
be deemed to be properly served if it be deposited in the United States Mail,
postage prepaid, addressed to Licensee at X'KXXXX XXXX P. O. Box 428
Wylie, Texas
Any notice to be given hereunder by Licensee to Licensor shall oe deemed
to be properly served if the same be deposited in the United States Mail,
postage prepaid, addressed to Licensor' s General Manager at P. 0. Box i738,
920 S. E. Quincy Street, Topeka, Kansas 66628.
11. In the event that two or more parties execute this instrument as
Licensee, all the covenants and agreements of Licensee in this license snail
be the joint and several covenants and agreements of such parties.
- 3 -
3-4-85-1658/210V
If
12. All the covenants and provisions of this instrument shall be
binding upon and inure to the benefit of the successors, legal representatives
and assigns of the parties to the same extent and effect as the same are
binding upon and inure to the benefit of the parties hereto, but no assignment
hereof by Licensee, its successors, legal representatives or assigns, or any
subsequent assignee, shall be binding upon Licensor witnout tne written
consent of Licensor in each instance.
13. Notwithstanding any other provisions of this license, Licensee
shall comply with all statutes, ordinances, rules, regulations, orders and
decisions (hereinafter referred to as "Standards") , issued by any federal,
state or local governmental body or agency established thereby (nereinafter
referred to as "Authority") , relating to Licensee's use of Licensor's property
hereunder. In its use of the premises, Licensee shall at all times oe in full
compliance with all Standards, present or future, set by any Authority,
including, but not limited to, Standards concerning air quality, water
quality, noise, hazardous substances and hazardous waste. In the event
Licensee fails to be in full compliance with Standards set by any Authority,
Licensor may, after giving reasonable notice of the failure to Licensee, and
Licensee, within thirty (30) days of such notice, fails either to correct sucn
non-compliance or to give written notice to the Licensor of its intent to
contest the allegation of non-compliance before the Authority establishing tne
Standard or in any other proper forum, take whatever action is necessary to
protect the premises and Licensor' s railroad and other adjacent property.
Licensee shall reimburse the Licensor for all costs (including but not limited
to, consulting, engineering, clean-up and disposal costs, and legal costs)
incurred by the Licensor in complying with such Standards, and also sucn costs
incurred by the Licensor in abating a violation of such Standards, protecting
against a threatened violation of such Standards, defending any claim of
violation of such Standards in any proceeding before any Authority or court,
and paying any fines or penalties imposed for such violations. Licensee snail
assume liability for and shall save and hold harmless the Licensor from any
claim of a violation of such Standards regardless of the nature thereof or tne
Authority or person asserting such claim, which results from Licensee' s use of
Licensor's premises, whether such claim arises in whole or in part from the
negligence or alleged negligence of the Licensor or otherwise. Licensee, at
its cost, shall assume the defense of all such claims regardless of whether
they are asserted against Licensee or Licensor.
14. Upon written notice from Licensor, Licensee agrees to assume tne
defense of any lawsuit, administrative action or other proceeding orougnt
against Licensor by any public body, individual, partnership, corporation, or
other legal entity, relating to any matter covered oy this License for whicn
Licensee has an obligation to assume liability for and/or to save and Hold
harmless the Licensor. Licensee shall pay all the costs incident to such
defense, including, but not limited to, attorneys' fees, investigators' fees,
litigation expenses, settlement payments, and amounts paid in satisfaction of
judgments. Any and all lawsuits or administrative actions brougnt or
threatened on any theory of relief available at law, in equity or under the
rules of any administrative agency shall be covered by tnis section,
including, but not limited to, the theories of intentional misconduct,
negligence, breach of statute or ordinance, or upon any theory created by
statute or ordinance, state or federal.
- 4 -
3-4-85-1658/210V
IN WITNESS WHEREOF, the parties have executed this agreement in
duplicate the day and year first above written.
THE ATCHISON, TOPEKA AND SANTA FE AILWAY COMPANY
By
Its Assistant General Manager
City CZf Wylie
MIEEDErancEMPIXIMMAXISIXIIMOLN
By
Its RIEMOIXtX City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM,
General Attorney - Kansas
- 5 -
3-4-85-1658/210V/5314a/2228/6
O
C. E FILE NO. ao 1- 4#0- D.T0ff7
EXHIBIT 'A"
ATTACHED TO CONTRACT BETWEEN
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
g ANDlagMiteat g
CITY OF WYLIE
/4<fl'algi :i
TOPEKA, KANSAS __y�._�✓E 9_ _ __
SCALE: 1 IN.TO /De FT. CHIEF ENGINEER Q
.7EX.9s DIV. DESCRIPTION APPROVED `
�i9.e/.S SUBDIV. 7f i
DATE: A✓oi'E".-45.e.e .30) /51P • 0 O
V- .29 / N
/'7i9? /3 4,
o. 0
0
is
eN
is N
/ y
try 4, h V o.
.I~ r7.Qi v 7.e vC.c _ 54D r 0 •
D
/ e/.✓ L-.'/E_ _ - v /
/ 70 >
70 / ..-42i9.e/S
2,9c'.yi9 .. C7
s7A. 39.SG /Flo e
/7i 7¢7' O960 "
DESCRIPTION OF PIPELINE
PIPELINE SHOWN BOLD
CARRIER CASING CARRIER CASING
PIPE PIPE PIPE PIPE
"� -
SIZE: /S.30 -2¢ LENGTH ON R/W: .4J3 ' /23'
CONTENTS: SEWAGE WORKING PRESSURE: G-eAr,,-),
PIPE MATERIAL: ✓c STEEL BURY: BASE/RAL TO TOP OF CASING /G
SPECIFICATION / GRADE saw- 36- ce. a BURY: NATURAL GROUND 3"l�/,./
WALL THICKNESS: o. ,`37- o. fah- BURY: ROADWAY DITCHES 7.
COATING: - - CATHODIC PROTECTION ^'/�
VENTS: NUMBER d�' SIZE - HEIGHT OF VENT ABOVE GROUND -
NOTE: CASING TO BE JACKED OR DRY BORED ONLY
,9 r wyLi6
LOLL/A/ CO!MI,' 7:46:Xd75' C.E. DRAWING NO. 1 — 0707/
DIV. DWG NO. DIV. FILE NO. C7 ¢ 'F3 G. M. FILE NO.
--e.e s-✓
CITY OF WYLIE
INVITATION TO BID
RETURN BID TO:
PURCHASING AGENT, CITY OF WYLIE
2000 HWY 78 N .
P.O. BOX 428
WYLIE, TEXAS 75098
The enclosed INVITATION TO BID and accompanying SPECIFICATIONS
AND BID SHEET (S) are for your convenience in bidding the enclosed
reterencea products and/or services for the City of Wylie .
Sealed bids shall be received no later than :
2 : 00 P .M. , WEDNESDAY, OCTOBER 4, 1989
MARK ENVELOPE: "BID NO. 89-05 ; MOTOR FUEL"
The City appreciates your time and effort in preparing a bid .
Please note that all bids must be received at the designated
location by the deadline shown. Bids received after deadline
will be returned unopened and shall be considered void and
unacceptable. Bids received by the deadline will be publicly
opened at that time .
Awards should be made approximately two weeks after bid opening
date. To obtain results , or if you have any questions , please
contact the Purchasing Agent for the City of Wylie, 442-2236 ,
Ext. 204 .
INSTRUCTIONS/TERMS OF CONTRACT
BID NO. 89-05
Sealed bids will be received for
MOTOR FUEL
TO PROVIDE for an annual contract commencing on November 1 , 1989 ,
and continuing for a twelve month period, with an option to renew
the awarded contract for an additional twelve month period at the
discretion of the City.
Each bid shall be placed in a separate sealed envelope , manually
signed in ink by a person having the authority to bind the firm
in a contract and marked clearly on the outside as outlined .
IT IS UNDERSTOOD that the City reserves the right to accept or
reject any and/or all bids for any or all products and/or
services covered in this bid request and to waive informalities
or defects in bids or to accept such bids as it shall deem to be
in the City' s best interest .
ALTERING BIDS : Bids cannot be altered or amended after
submission deadline. Any interlineation, alteration, or erasure
made before opening time must be initialed by the signer of the
bid , guaranteeing authenticity.
WITHDRAWAL OF BID: A bid may not be withdrawn or canceled by the
bidder for a period of ninety (90) days following the date
designated for the receipt of bids , and bidder so agrees upon
submittal of their bid .
SALES TAX: The city is by statute exempt from the State Sales
Tax and Federal Excise Tax; therefore, the bid price shall not
include taxes .
BID AWARD: The City reserves the right to award bid as unit
price or lump sum as it deems to be in the best interest of the
City.
CONTRACT: This bid , when properly accepted by the City, shall
constitute a contract equally binding between the successful
bidder and the City of wylie . No different or additional terms
will become part of this contract with the exception of a Change
Order .
CHANGE ORDERS: No oral statement of any person shall modify or
utherwise change, or affect the term, conditions or
specifications stated in the resulting contract . All change
orders to the contract will be made in writing by the Purchasing
Agent .
3
IF DURING the life of the contract , the successful bidder ' s net
prices to other customers for fuel awarded herein are reduced
below the contracted price, it is understood and agreed that the
benefits of such reduction shall be extended to the City of
Wylie.
DELIVERY CHARGES: All delivery and freight charges (FOB storage
sites) shall be included in the bid price.
TRANSPORTATION REQUIREMENTS: Bidder shall comply with all State
transportation requirements for hauling as stated in Article 911b
V.T.C.S. The City shall not be held responsible fur any
noncompliance to this Statute. Bidder shall submit a copy of
their insurance coverage with this bid .
DELIVERY TIME: Bids shall show number of days required to place
fuel at the City' s designated location. Failure to state
delivery time may cause bid to be rejected. Successful bidder
shall notify the Purchasing Agent immediately if delivery
schedule cannot be met . If delay is foreseen, successful bidder
shall give written notice to the Purchasing Agent . The City has
the right to extend delivery time if reason appears valid .
Successful bidder must keep the Purchasing Agent advised at all
times of the status of the order .
CONFLICT OF INTEREST: No public official shall have interest in
this contract , in accordance with Vernon' s Texas Codes Annotated ,
Local Government Code Title 5 , Subtitled C, Chapter 171 .
EXCEPTION/SUBSTITUTIONS: All bids meeting the intent of this
invitation to bid will be considered for award . Bidders taking
exception to the specifications, or offering substitutions , shall
state these exceptions in the section provided or by attachment
as part of the bid. The absence of such a list shall indicate
that the bidder has not taken exceptions and shall hold the
bidder responsible to perform in strict accordance with the
specifications of the invitation . The City reserves the right to
accept any and/or all/none of the exceptions (s) substitution (s)
deemed to be in the best interest of the City.
DESCRIPTIONS: Any reference to model and/or make/manufacturer
used in bid specifications is descriptive, not restrictive. It
is used to indicate the type and quality desired. Bids on fuel
of like quality will be considered .
ADDENDA: Any interpretations , corrections or changes to this
Invitation For Bid and Specifications will be made by addenda .
Sole issuing authority of addenda shall be vested in the
Purchasing Agent . Addenda will be mailed to all who are known to
have received a copy of this Invitation to Bid. Bidders shall
acknowledge receipt of all addenda .
/74/
BID MUST COMPLY with all federal , state, county and local laws
concerning these types of fuel . All successful bidder ' s delivery
vehicles must meet or exceed applicable EPA and OSHA standards
and regulations .
DESIGN, STRENGTH , QUALITY of materials and workmanship must
conform to the highest standards of manufacturing and engineering
practice.
MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A
prospective bidder must affirmatively demonstrate bidder' s
responsibility. A prospective bidder must meet the following
requirements :
1 . have adequate financial resources , or the ability to
obtain such resources as required;
2 . be able to comply with the required or proposed
delivery schedule;
3 . have a satisfactory record of performance;
4 . have a satisfactory record of integrity and ethics;
5 . be otherwise qualified and eligible to receive an
award .
The City may request representation and other information
sufficient to determine bidder' s ability to meet these minimum
standards listed above.
REFERENCES: The City requests bidder to supply, with this bid , a
list of at least three (3) references where like services/fuel
have been supplied by their firm. Include name of firm, address ,
telephone number and name of representative.
BIDDER SHALL PROVIDE with the bid response, all documentation
required. Failure to provide this information may result in
rejection of bid .
SUCCESSFUL BIDDER SHALL defend, indemnify and save harmless the
City of Wylie and all its officers, agents and employees from all
suits , actions , or other claims of any character , name and
description brought for or on account of any injuries or damages
received or sustained by any person, persons , or property on
account of any negligent act or fault of the successful bidder,
or of any agent , employee, subcontractor or supplier in the
execution of, or performance under, any contract which may result
from bid award . Successful bidder shall pay any judgment with
cost which may be obtained against the City growing out of such
injury or damages .
TERMINATION OF CONTRACT: This contract shall remain in effect
until contract expires, delivery/completion and acceptance of
products and/or service ordered or terminated by either party
with a thirty (30) days written notice prior to any cancellation .
The successful bidder must state therein the reasons for such
cancellation. The City of Wylie reserves the right to award
canceled contract to next lowest and best bidder as it deems to
be in the best interest of the City.
TERMINATION FOR DEFAULT: The City reserves the right to enforce
the performance of this contract in any manner prescribed by law
or deemed to be in the best interest of the City in the event of
breach or default of this contract. The City reserves the right
to terminate the contract immediately in the event the
successful bidder fails to: 1) meet delivery or completion
schedules , or 2) otherwise perform in accordance with these
specification. Breach of contract or default authorizes the City
to award to another bidder , purchase elsewhere and charge the
full increase in cost and handling to the defaulting successful
bidder .
RIGHT TO PURCHASE ELSEWHERE: The City will not actively solicit
bids , proposals , quotations or otherwise test the market solely
for the purpose of seeking alternative sources ; however , the City
reserves the right to purchase elsewhere any and/or all items
covered by this contract if available from another source at a
price lower than the contract price or if contract term(s) are
not met .
TESTING: Testing may be performed at the request of the City, by
an agent so designated, without expense to the City. Test
samples may be analyzed at any time during the contract period to
assure products furnished are in full compliance with
specifications .
In the event the test analysis shows fuel does not meet
specifications, successful bidder shall be liable for all charges
necessary to pump out all unsuitable or contaminated fuel and
replace with acceptable fuel in the quantity necessary to bring
affected tank (s) up to the prior level . Successful bidder shall
also be responsible for any damages to equipment or vehicles
caused by unsuitable or contaminated fuel .
PATENTS COPYRIGHTS: The successful bidder agrees to protect the
City from claims involving infringements of patents and/or
copyrights.
PURCHASE ORDER: A purchase order (s) shall be generated by the
City to the successful bidder. The purchase order number must
appear on all itemized invoices and packing slips . The City of
Wylie will not be held responsible for any orders
placed/delivered without a valid current purchase order number .
PACKING SLIPS or other suitable shipping documents shall
accompany each shipment and shall show: (a) name and address of
successful bidder, (b) name and address of receiving department
and/or delivery location , (c) City of Wylie Purchase Order
number, and (d) descriptive information as to the fuel delivered ,
including product code, item number , quantity, number of
containers , etc.
PAYMENT will be made upon receipt and acceptance by the City of
all fuel ordered and receipt of a valid invoice, in accordance
with the STate of Texas Prompt Payment Act , Article 601f V.T.C.S .
FUEL supplied under this contract shall be subject to the City' s
approval . Fuel not meeting specifications shall be picked up and
replaced by the successful bidder within one (1) week after
notification at no expense to the City. If fuel is not picked up
within one (1) week after notification, the fuel will become a
donation to the City for disposition .
SAMPLES: When requested, samples shall be furnished free of
expense to the City.
WARRANTY: Successful bidder shall warrant that all fuel shall
conform to the proposed specifications and/or all warranties as
stated in the Uniform Commercial Code and be free from all
defects in material , workmanship and title.
REMEDIES: The successful bidder and the City agree that both
parties have all rights, duties , and remedies available as stated
in the Uniform Commercial Code .
VENUE: This agreement will be governed and construed according
to the laws of the STate of Texas . This agreement is performable
in Collin County, Texas.
ASSIGNMENT : The successful bidder shall not sell , assign ,
transfer or convey this contract, in whole or in part, without
the prior written consent of the City.
SILENCE OF SPECIFICATION: The apparent silence of these
specifications as to any detail or to the apparent omission from
it of a detailed description concerning any point , shall be
regarded as meaning that only the best commercial practices are
to prevail. All interpretations of these specifications shall be
made on the basis of this statement .
INSURANCE: Before commencing work, the successful bidder shall
be required, at his own expense , to furnish the Purchasing Agent
within ten (10) days of notification of award with evidence
showing the following insurance coverage to be in force
throughout the term of the contract .
(a) Worker ' s Compensation in accordance with State
Territorial Worker ' s Compensation Laws; and Employers'
Liability Insurance;
(b) Public liability and property damage insurance
including independent contractor' s liability, covering,
but not limited to, the liability assumed in the
indemnification provisions (as specified in this Bid)
fully insuring contractor ' s and/or subcontractor ' s
liability for injury to, or death of, city employees
and third parties , extended to include personal injury
liability coverage, and for damage to property of third
parties , with a minimum combined coverage for each
occurrence of $500,000 .00 .
(c) Comprehensive automobile and truck liability insurance
to include coverage of owned , hire, and non-owned
vehicles with minimum limits of $300 ,000 each
occurrence for bodily injury and $100 ,000 each
occurrence for property damage. Such insurarce is to
include coverage for loading and unloading hazards .
Each insurance policy to be furnished by successful bidder shall
include, by endorsement to the policy, a statement that a notice
shall be given to the City by certified mail thirty (30) days
prior to cancellation or upon any material change in coverage.
ANY QUESTIONS concerning this Invitation To Bid and
Specifications should be directed to the Purchasing Agent, 442-
2236 , ext . 204 .
'I
BID NO. 89-05
SPECIFICATIONS AND BID SHEETS
MOTOR FUEL
GENERAL: It is the intent of the following specification to
describe motor fuel requirements for the City of Wylie.
APPROXIMATE USAGE: It is anticipated that the City will order
approximately 28,000 gallons of premium unleaded gasoline, 6,000
gallons of diesel fuel and 10 ,000 gallons of regular and/or
"unleaded plus" gasoline during the contract period. Approximate
usage does not constitute an order , but only implies the probable
quantity the City will use. Fuel will be ordered on an as neeoed
basis .
The standard delivery quantities are 8 ,000 gallons per order .
This does not constitute an order but only implies the probable
delivery quantity the City will order per load . The City
reserves the right to order on an as needed basis .
FUELS: All motor fuels delivered under this contract will be
high quality volatile hydrocarbon fuels free from any foreign
substances or water , or any alcohol additives or extenders which
may damage City vehicles/equipment or contaminate storage tanks .
All fuels sold under this contract shall be of the same quality
or better than that which is available to the general public
through retail outlets .
The following products are included in this bid :
1 . Premium unleaded gasoline
Minimum octane rating - 92
2 . Regular unleaded gasoline
Minimum octane rating - 89
3. #2 Diesel
Minimum cetane no . - 45
Maximum sulpnur - 0 . 3
4 . Regular leaded gasoline
Minimum octane rating - 89
TEMPERATURE ADJUSTMENT: The successful bidder shall make
compensation for change in temperature of gasoline at loading
point at the time the gasoline was unloaded into the transport
and must show the correction and adjustment made in gallonag,_
delivered to the City using 60%F as the normal temperature
reading. The bidder shall state in his bid the method for making
such adjustment for temperature.
DELIVERY TIMES: Delivery time is an important consideration in
the evaluation of the lowest and best bid. Bidder shall state
number of days required to place fuel at City ' s designated
location after receipt of order (ARO) in the space provided .
Deliveries may be made, Monday through Friday, between the hours
of 8: 00 a .m. and 5 : 00 p.m.
DELIVERY RESPONSE: All normal deliveries must be made within 24
hours from time order is placed. In the event successful bidder
cannot deliver fuel within specified time, the City reserves the
right to purchase the item(s) from other sources .
SUBCONTRACTORS: If the successful bidder requires the services
of other persons or companies (subcontractors) in the performance
of the contract , the successful bidder will assure that all
subcontractors have the required insurance coverage. The
successful bidder agrees that any claim or demands will be
settled by the successful bidder and agrees to be responsible for
settlement with subcontractors .
TAXES: The City of Wylie is a tax exempt government entity and,
as such, will pay only the applicable State Fuel Tax on purchases
of gasoline. Diesel , purchased for off-road use , is exempted
from the fuel tax . For bid evaluation purposes, do not include
fuel taxes in the bid price.
DISCOUNTS: Normal payment terms are Net 30 . Any discounts
available to the City for early payment should be noted.
Discounts may be considered in determining low bid .
MATERIAL SAFETY DATA SHEETS: Upon award successful bidder shall
supply the City a copy of all applicable Material Safety Data
Sheets for the products bid .
TYPICAL ANALYSIS SHEET (S) : Bid must be accompanied by an
identifiable typical analysis sheet (for each product bid) based
on actual test results showing the properties of the products
proposed under this bid . The typical analysis sheets must
identify the brand name of the gasoline and/or diesel proposed .
BIDDING PRICE: Bid prices shall be quoted as plus (+) or minus
(-) the Oil Price Information Service (OPIS) Index Pad 3 Survey
of the average gasoline and distillate reseller prices for
Dallas/Fort Worth, Texas .
41?e7
The first OPIS report published each week will provide the
formula for appropriate motor fuels delivered during that week.
Successful bidder agrees to furnish the City a copy of the first
issue each week of said report with each invoice.
Initial pricing shall be based on the average net OPIS Index PAD
3 report (Dallas/Fort Worth) dated August 28 , 1989 .
The plus or minus (+ or -) factor bid (mark-up or mark-down)
shall remain firm and fixed for the entire contract period .
PREFERENTIAL REQUIREMENT: The City of Wylie, as a governmental
agency of the State of Texas , may not award a contract for
general construction, improvements , services or public works
projects or purchases of supplies , materials , or equipment to a
nonresident bidder unless the nonresident ' s bid is lower than the
lowest bid submitted by a responsible Texas resident bidder by
the same amount that a Texas resident bidder would be required to
underbid a nonresident bidder to obtain a comparable contract in
the state in which the nonresident ' s principal place of business
is located (Article 601g V .T.C.S . ) . Bidder shall make answer to
the following questions by encircling the appropriate response or
completing the blank provided :
1 . Is your principal place of business in the State of
Texas?
yes no
2 . If the answer to question 1 is "yes" , no further
information is necessary; if "no" , please indicate:
(a) in which state your principal place of business is
located:
(b) if that state favors resident bidders (bidders in
your state) by some dollar increment or
percentage:
yes no
(c) if "yes" , what is that dollar increment or
percentage?
r
BID SHEET (S)
State minimum number of gallons for transport loads to the City
of Wylie if any:
gallons
DFW OPIS +MARK-UP TOTAL
AVERAGE OR SELLING
TYPE FUEL NET PRICE -MARK-DOWN PRICE
(using ( indicate WITHOUT
8-28-89 + or- ) STATE TAX
OPIS)
PREMIUM UNLEADED $ /GAL ± $ /GAL =$ GAL
REGULAR UNLEADED $ /GAL ± $ /GAL =$ GAL
#2 DIESEL $ /GAL ± $ /GAL =$ GAL
REGULAR (LEADED) $ /GAL± $ /GAL =$ GAL
DELIVERY RESPONSE TIME AFTER RECEIPT OF ORDER:
METHOD FOR TEMPERATURE ADJUSTMENT:
HAVE REQUESTED ANALYSIS SHEETS BEEN INCLUDED WITH THIS BID
RESPONSE: YES NO
BIDDER DOES ( ) DOES NOT ( ) MEET ALL SPECIFICATIONS
EXCEPTIONS:
FIRM/BIDDER:
BY:
Signatures Title
ADDRESS:
PHONE:
•
BID AFFIDAVIT
The undersigned certifies that the bid prices contained in this
bid have been carefully reviewed and are submitted as correct and
final . Bidder further certifies and agrees to furnish any and/or
all fuel upon which prices are extended at the price offered , and
upon the conditions contained in the specifications of the
Invitation To Bid . (Period of acceptance will be ninety (90)
calendar days unless otherwise indicated by bidder .)
STATE OF COUNTY OF
BEFORE ME, the undersigned authority, a Notary Public in and for
the State of , on this day personally appeared
, who after being by me duly
(name)
sworn , did depose and say:
"I , am a duly
(name)
authorized officer of/agent for
(name of firm)
and have been duly authorized to execute the foregoing on behalf
of the said
(name of firm)
I hereby certify that the foregoing bid has not been prepared in
collusion with any other bidder or other person or persons
engaged in the same line of business prior to the official
opening of this bid. Further, I certify that the bidder is not
now, nor has been for the past six (6) months , directly or
indirectly concerned in any pool or agreement or combination , to
control the price of services/fuel bid on , or to influence any
person or persons to bid or not to bid thereon . "
Name and address of bidder :
Telephone #
by: Title:
(print name)
Signature:
SUBSCRIBED AND SWORN to before me by the above-name
on this the
day of 19
Notary Public in and for
the State of
13
BID FORM
BID NO.
THE FOLLOWING INFORMATION MUST BE PROVIDED IN ORDER FOR YOUR
BID TO BE CONSIDERED.
1 . Article IX Section 5 Personal Financial Interest of the
City Charter states in part that "no officer of
employee of the City shall have a financial interest ,
direct or indirect, in any contract with the city, nor
shall be financially interested, directly or
indirectly, in the sale to the city of any land,
materials, supplies or service. "
�. Is the bidder or any person having a direct or indirect
financial interest in the bidder, an officer or
employee of the City?
If yes, please identify the person or persons and the
exact nature of the interest .
Is the bidder or any officer or manager of the bidder
related to a Manager of any City department, any
employee of the City Purchasing Department, City
Manager, or any member of the City Council?
If yes, please identify the relationship between the
bidder and the City.
Signature Title
Company Name
Address
MEMORANDUM
TO : Charles Norwood, City Manager
FROM : Ron Homeyer , P. E. , Staff Engineer
DATE: August 15, 1989
RE: The Naming of a City street
On June 30, 1989 I was requested by the Public Works
Department to recommend to the City Council a name to
designate a currently unnamed City street.
The street in question is located north of F. M. 544
approximately 300 feet west of Regency Drive. The street
was formerly designated as C. R. 851 until the City annexed
the property around the roadway. I am attaching a map which
has the street in question hi - lighted for your review.
Upon receiving the request from Public Works to name the
street I prepared a letter advising of the current situation
and dilemma and mailed it to all of the property owners
whose property is adjacent to the roadway. In this letter I
advised them that I would recommend that the roadway be
named MARSHALL LANE unless I was advised by them of any
objections or alternate suggestions .
To date I have received two verbal responses to my letter,
both of which were favorable.
Therefore, I recommend that an ordinance be prepared in
order for this item to be presented to the City Council for
approval for the naming of the former C. R. 851 MARSHALL
LANE.
ilV/./ /
•
Me OM
mgalPras.id•
�. -- . / ! my •- Loke..42anch Esta
• , Y
Eta'tes /
. / .
• tc‘°° ry,
re ,
_ .
id..(' ,iii,://- -v tvii APPAZY
i ••.......
e.,.., J. . . .
.,
....
....
- /,,./,//,/,,, .44. r Ara„ //
r //,/, ..„„,,,,. 4,,,, ..,, s/ ,/-
/ rer
44 44./r /441/$'
/ 41011.11M, 11.1••••
r `r
4
r . i tA .
,Adi,
t S i X
M.
' ii
_ # 1
•p-----••--.
.-ram � .S'
I Frer g 4.6 0/ A: viler+ / reA lerIP k.,.:74.-..,Aroftr /
404 ...., , ,,,,... „,: ._ . .....afi _ iiwpAi priA
Ye
- 1,Ail, . - • 71"1.115 - 1._ _ , Ig., ie,... . ...e . . .. .,
.•1711744 . 1 : ii•I p rtp,..... _ ,,..,.., .. „ V ger /-
St 0 .Me, .
pir". .,,,_ . ! -- v.'...Jr., 47= \ g I
-I4$41,0 44"AA$
001
., .,__.
rr
���==-R`egency eusiness Park � r�� �r/,w/.////,,/,/
/////,,//,,//
_:, ,.____:-.. : .
I� �� ,c� rows„ _ X/,
- vit 2eVic. : .
. 60 -- .
,/ ,,,v, 74
1 ' 4-/
...01or
/ 4,,,,, , ,
, .
, / -7 / ,
, 7 „,_ A
44 le 1 / e .
V-A*'47,0 1,' .... Ter -, - '
i ,y , .,r 7
MEMORANDUM
TO : Charles Norwood, City Manager
FROM : Ron Homeyer, P. E. , Staff Engineer
DATE: September 6, 1989
RE : WWCS Improvements : Southfork MHP Extension
Payment Request, Hunter Associates, Inc.
Hunter Associates , Inc. has submitted the attached invoices
in the amount of $6, 449. 38 and $9, 600. 00 for services
indicated. The total contract amount for these services is
indicated by the attached contract & invoice summary. The
services described in this invoice have been performed
during the time period described , therefore, I recommend
that Hunter Associates , Inc. be paid $ 16, 049. 38 as
requested.
41
Pay This INVOICE
HUNTER ASSOC I ATES, I NC . Page 1 of 1
' ENG 1 NEERS/PLANNERS/SURVEYORS
OM LLA., wsr I N Invoice No. 22153
214-398-9171 512-454-8719
Date Aug. 31, 1989
To: City of Wylie
P.O. Box 428 Your Job No.
Wylie, Texas 75098
Our Job No. D 8 9 012
C\C 38-TWS
For professional and technical services as required for the design
of a sanitary sewer trunk main to be constructed in the Muddy Creek
drainage basin. The trunk main will commence at a stub-out to the
existing lift station located along S .H. 78 and extend northerly
to service South Fork Mobile Home Park and Presidential Estates.
This work includes the preparation of a preliminary design report,
right-of-way descriptions, construction plans and specifications,
and construction management. The technical services were supplied
during the payroll period as indicated and are part of the Basic
Services as defined in the Contract For Professional Services
executed on July 25, 1989 by Charles Norwood, City Manager.
PAY PERIOD DESCRIPTION
8-18-89 Preliminary Design Report $2, 400 x 100%= $ 2, 400 . 00
Right-Of-Way and Easement
Description Preparation $9, 600 x 75%= $ 7,200 . 00
TOTAL $ 9 , 600 . 00
TOTAL AMOUNT DUE THIS INVOICE $ 9, 600 .00
Please Return Enclosed Copy With Remittance To:
HUNTER ASSOCIATES, INC.
8140 WALNUT HILL LANE
SUITE 500
DALLAS, TEXAS 75231-4350 Total Thi- Invoice $ 9, 600 . 00
4 f
•
Pay This INVOICE
IN
UNTER ASSOC I ATES, I NC . Page 1 of 1
ENGINEERS/PLANNERS/SURVEYORS
°ALLA., AUs*I N Invoice No. 22153
Date Aug. 31, 1989
To: City of Wylie
P.O. Box 428 Your Job No.
Wylie, Texas 75098
Our Job No. D89012
C\C 3 8-TW S
For professional and technical services as required for the design
of a sanitary sewer trunk main to be constructed in .the Muddy Creek
drainage basin. The trunk main will commence at a stub-out to the
existing lift station located along S.H. 78 and extend northerly
to service South Fork Mobile Home Park and Presidential Estates .
This work includes the preparation of a preliminary design report,
right-of-way descriptions, construction plans and specifications,
and construction manag :ment. The technical services were supplied
during the payroll period as indicated and are part cf the Basic
Services as defined in the Contract For Professional Services
executed on July 25, 1989 by Charles Norwood, City Manager.
• PAY PERIOD DESCRIPT-ON
8-18-89 Preliminary Design Report $2 , 400 x 00%= $ 2, 400 . 00
Right-Of-Way and Easement
Description Preparation $9, 600 x 75%= $ 7, 200 . 00
TOTAL $ 9, 600 . 00
TOTAL AMOUNT DUE THIS INVOICE $ 9 , 600 . 00
Please Return Enclosed Copy With Remittance To:
HUNTER ASSOCIATES, INC.
8140 WALNUT HILL LANE
SUITE 500
DALLAS, TEXAS 75231-4350 Total This Invoice $ 9, 600 . 0C
1
tj‘
}1t , n t r _ { V )
` O
8140 Walh,_- Hill Lane, Stu to 500
Da ; as , Texas 75231
( 214 ) 369-9171
Date: C8/31 /89
City of Wylie
_ , Box 428 C/C Number :
Wylie , TX 75098
Attn : Char is= Norwood
t - fi A t: c-:c• �_ r, t
-CA7E- -,DOE NCB- - INV. NO- -AMOUNT -
Pre i •_ _s Unpaid Bi
Total 0 . 00
t Month B i I . nqs :
C8: 3 ' . 8. 1820 ;_ 22193 9 , 600 , 00
0 -1 r._} n8901 tr: 22156 6 , 449 , 3S
Total 16 . 049 , 38
PREVIOUS DUE 0 , 00
CURRENT ? ' LI_ ING'S + 16 , 049 , 36
TOTAL C_C;=Er- T DUE = 16 , 049 . 38
EASE REMIT AMOUNT r .E. `_ : HUNTER ASSOCIATES,
8140 WA; Lfl HILL LANE , SUITE 500
r-A11 AE:, TE AS 75291
Please disregard if p_avma- - has teen made ,
/ao
HUNTER ASSOCIATES CONTRACT & INVOICE SUMMARY
Invoice Date Survey Preliminary ROW & Esmt Final Construction
Number Services Design Description Design Administration
22153 8-31-89 $2400.00 $7200.00
22156 8-31-89 $6449.38
TOTALS $6449.38 $2400.00 $7200.00 $0.00 $0. 00
CONTRACT AMOUNTS $12000.00 $2400. 00 $9600. 00 $28000.00 $7200.00
/0/
g — 5—, — 7
---I • i ' e -
Pay This INVOICE
HUNTER ASSOC I ATES, I NC . Page 1 of 1 ptlt 0
ENGINEERS/PLANNERS/SURVEYORS '
aLL^s
214-388-8171 u,n Invoice No. 2 215 6
512-454-8718
Date Aug. 31, 1989
To: City of Wylie
P.O. Box 428 Your Job No.
Wylie, Texas 75098
Our Job No. D8 9 012 S
Attn: Charles Norwood
C\C 38-TWS
For technical and professional services as required for field
topographic surveying for the design of a sanitary sewer trunk main
to be constructed in the Muddy Creek drainage basin. The trunk
main will commence at a stub-out to the existing lift station
located at S.H. 78 and extend northerly to service South Fork
Mobile Home Park and Presidential Estates . This work includes the
construction layout staking. The technical services were supplied
during the payroll period as indicated and are part of the
Additional Services as defined in the Contract for Professional
Services executed on July 25, 1989 by Charles Norwood, City
Manager.
CONTRACT LABOR
PAY PERIOD DESCRIPTION MATERIAL COST
8-18-89 Field Surveying $ 4, 800 . 00
Survey Mileage 359 .50
Direct Cost $ 5, 159 . 50
Overhead 1, 289 . 88
Total $ 6, 449 . 38
TOTAL AMOUNT DUE THIS INVOICE . $ 6,449 . 38
Please Return Enclosed Copy With Remittance To:
HUNTER ASSOCIATES, INC.
8140 WALNUT HILL LANE
SUITE 500
DALLAS, TEXAS 75231-4350 Total This Invoice $ 6,4 4 9 .3 8
•
•
r .
r1 .r, . Pal nil INVOICE
•
• HUNTER ASSOCIATES, I NC . Page 1 of 1
- ' ENG I PEERS/PLANNERS/SURVEYORS
aW►+ AUST IN Invoice No. 22156
2,4.340.S 7+ 3u-45.-17.1•
Date Aug. 31, 1989
To: City of Wylie
P.O. Box 428 Your Job No.
Wylie, Texas 75098
Our Job No. D8 9 012 S
Attn: Charles Norwood
CSC 38-TWS
For technical and professional services as required for field
topographic surveying for the design of a sanitary sewer trunk main
to be constructed in the Muddy Creek drainage basin. The trunk
main will commence at a stub-out to the existing lift station
located at S.H. 78 and extend northerly to service South Fork
Mobile Home Park and Presidential Estates. This work includes the
construction layout staking. The technical services were supplied
during the payroll period as indicated and are part of the
Additional Services as defined in the Contract for Professional
Services executed on July 25, 1989 by Charles Norwood, City
Manager.
CONTRACT LABOR
PAY PERIOD DESCRIPTION MATERIAL COST
• 8-18-89 Field Surveying y g $ 4, 800 . 00
Survey Mileage 359 . 50
Direct Cost $ 5, 159 . 50
Overhead 1, 289 . 88
Total $ 6, 449 . 38
TOTAL AMOUNT DUE THIS INVOICE . $ 6, 449 . 38
Please Return Enclosed Copy With Remittance To:
HUNTER ASSOCIATES, INC.
8140 WALNUT HILL LANE
SUITE 500
DALLAS, TEXAS 75231-4350 Total This Invoice $ 6,449 . 38
/03
MEMORANDUM
TO : Charles Norwood, City Manager
FROM: Ron Homeyer , P. E. , Staff Engineerli
DATE: September 6, 1989
RE: Wastewater Collection System Improvements
Payment Request - Lane & Associates
I have reviewed the attached invoice for appraisal services
from Lane & Associates in the amount of $15, 000. 00. I have
reviewed this invoice and found they have completed the
appraisal reports for all of the parcels listed . Therefore,
I recommend that Lane & Associates be paid the invoice
amount of $15, 000. 00.
/01/
•
LANE & ASSOCIATES
Professional Real Estate Appraisers&Consultants
September 5, 1989
Mr. Charles Norwood
City Manager
City of Wylie
Wylie, Texas
RE : Wylie Wastewater Collection System
Improvements Easement Appraisal
Dear Mr. Norwood:
The fee for the research and documentation
of the appraisal process •. . . $ 8 ,400 .00
Appraisal fees for the following parcels:
Henry & Elida Martinez $ 300 .00
Chemical Recycling, Inc 200.00
City Contractors Service Co. , Inc 600 .00
( 2 parts)
Melvin K. St. John & H. F. Tibbals, Jr. . . 200.00
Patsy Sue Flanagan 250 .00
Juan C. Diaz 300 .00
W. L. & Evelyn Brown 400.00
Wiley Housewright 400.00
Worth Montyque Speed 300 .00
Ronald Franklin Miller 300.00
Brownie Thomas Bradshaw 400 .00
Jerry C. Caldwell 250.00
Robert L. Joslyn 300 .00
1414 South Tennessee Street • McKinney, TX 75069
214/548-0715 • (Metro) 214/235-1515
Appraisal Fees Cont 'd
Donald P. Kreymer 300.00
Clyde Randall Martin 250 .00
Ray Dean Miller 450.00
( 2 tracts )
Sherwood E. Blount, Jr 200.00
Archie Eubanks 600 .00
( 2 tracts)
Lowry Graham & Lottie B . Kinzer 300 .00
Richard Parker, Trustee 300 .00
Total appraisal fees $ 6,600.00
TOTAL APPRAISAL FEE DUE $ 15 ,000 .00
Sincerely,
eA°°'
r 10
o . . ne, SRA/SRWA
1 i ;
Chad. L. Campbell
)6A"\-
John C . Lloyd
TRL;C1C;JCL/j v
/04*
MEMORANDUM
DATE: September 8 , 1989
TO: Charles Norwood , City Manager i
i
FROM: Jim Gilmore, Chief of Police 6,
RE: Purchase of Two Police Vehicles
On Thursday, September 8 , 1989 , Police Chiefs from the
cities of Rockwall , Rowlette, Sachse and Wylie met at the
Rockwall Police Department to discuss mutual cost saving
alternatives .
One of the cost saving programs discussed was joint
purchasing of police vehicles . A combined total of eleven
police vehicles will be purchased by the four police
departments , which should provide a savings of an estimated
$1 ,000 .00 per vehicle .
It is recommended that the attached cooperative purchasing
agreement, police vehicles , be submitted to the City Council
for approval .
bas
Attachment
/07
CITY OF ROCKWALL
COOPERATIVE PURCHASING AGREEMENT
POLICE VEHICLES
THE STATE OF TEXAS
COUNTY OF ROCKWALL *
THIS CONTRACT AND AGREEMENT, made and entered into this
day of , 1989, by and between the City of Rockwall and
each participating government
acting by and through its respective executive officer hereunto duty authorized by resolution
of the governing body.
WITNESSETH :
WHEREAS, the respective participating governments are authorized by the
Interlocal Cooperative Act, Article 4413 (32c) V.C.S. to enter into joint contracts and
agreements of the performance of governmental functions and services including
administrative functions normally associated with the operation of government such as
purchasing of necessary materials and supplies; and
WHEREAS, it is the desire of the aforesaid participating governments to comply
with and further the polices and purposes of the Interlocal Cooperation Act; and
WHEREAS, the participating governments cannot normally obtain the best possible
purchase price for police vehicles acting individually and without cooperation; and
WHEREAS, it is deemed in the best interest of all participating governments that
said governments do enter into a mutually satisfactory agreement for the purchase of police
vehicles for the fiscal year 1989-90.
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants
and conditions contained herein, promise and agree as to each of the other parties and as
to all of the parties as follows:
1. It is understood and agreed by the parties to this agreement that police
vehicles may be purchased jointly for the fiscal year 1989-90. Each participating
government at the time agreed upon shall designate, in writing, the quantities desired and
the location for delivery.
2. Specifications for purchase of police vehicles covered under this agreement
or by supplementary written agreement of the participating governments shall be prepared
by the City of Rockwall and all participating governments shall agree in writing to these
specifications prior to bid advertisement.
/0?
3. The City of Rockwall shall be responsible for advertisement of bids and such
other administrative duties as may be necessary to facilitate processing and preparation of
joint bid requests.
4. The City of Rockwall will be responsible for receiving and opening the bids.
5. The cost of advertising and any other cost incidental to the bidding shall be
divided equally among the participating governments, and shall be paid to the City of
Rockwall within (30) days following the submission of statements by the City of Rockwall
to each participating government.
6. It is understood and agreed by all participating governments that after the
receipt of the bids from prospective vendors, the bids will be examined by the City of
Rockwall and it shall submit to the administrative head of each participating government
a complete tabulation of all bids received and shall certify as to the lowest responsible
bidder. If the City of Rockwall finds that the lowest bidder is not responsible and
accordingly certifies that some other bidder is the lowest responsible bidder, it shall include
an explanation and report on its findings when it transmits its tabulations and certifications.
The City of Rockwall shall not certify as the lowest responsible bid any bid which indicates
a specifications differing from the specifications advertised.
7. The participating governments hereto agree that if they shall award the bid
to the lowest responsible bidder as certified by the City of Rockwall, it will be for items
which they had previously designed for purchase.
8. The participating governments hereto agree that the ordering of police
vehicles purchased through this agreement shall be their individual responsibility and that
the successful bidder or bidders shall invoice each participating municipality directly for the
vehicles ordered by it.
9. Each participating government shall be liable to the successful bidder only
for police vehicles ordered by and received by it, and shall not by the execution of this
agreement assume any additional liability.
10. Nothing in this agreement shall prevent any participating government from
accepting and awarding bids for vehicles subject to this agreement individually and in its
own behalf, provided however that invitations for such individual bids shall not be
advertised, nor shall bids be received individually during the period in which the City of
Rockwall is advertising for and receiving bids for police vehicles.
11. The participating governments hereto agree that once the specifications have
been prepared and approved by the City of Rockwall that no changes will be made during
the period of advertising except in the case of error or omission. No change may be made
without the approval of the City of Rockwall. Nothing herein shall be deemed to prevent
changes in specifications in subsequent purchases. The City of Rockwall assumes no
financial responsibility for errors in the specifications or in publication.
of
12. Specifications shall require bidder to bid three (3) prices where applicable:
a. F.O.B. plant site
b. F.O.B. delivery point for one designated participating government
c. F.O.B. delivery points for each participating government
13. In the event that any dispute arises between individual participating
governments and a successful bidder, the same shall be handled by and between the
municipality and the bidder.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by their authorized officers thereon the day and year first above written.
A Fl EST: CITY
City Secretary
Mayor, City of
// a
POLICE PATROL VEHICLE
SPECIFICATIONS
The City of Rockwall, (EACH CITY WILL BE LISTED) through a cooperative purchasing
agreement are accepting bids for (#) 1990 full size 4-door sedans equipped with standard
police packages. Vendors submitting bids should specify what their standard police package
consists of. However, the following equipment must be included as part of or in addition
to the police package.
1. V-8 engine with a minimum displacement of 350 cubic inches.
2. Lamp dome light designed for reading.
3. A left-hand and right-hand outside mirror. Left-hand mirror capable of remote
operation from inside the vehicle.
4. Dual horns.
5. Heavy duty blue cloth bucket seats.
6. Five (5), including spare, P225-70-15 tires with blackwall pursuit radials. Goodyear
Eagle GT HR rating or the approved equal.
7. Heavy duty alternator with at least 100 amp.
8. Tinted windows.
9. Intermittent windshield wipers.
10. Factory air conditioning, power steering, power brakes, electric door locks and
electric windows.
11. Full carpeting.
12. AM/FM stereo radio with clock.
13. Remote rear deck release.
14. Trunk light and light under the hood.
/1 /
Specifications Page 2
15. Tilt steering wheel.
16. Six inch spot light, left-hand, with minimum 5 inch clearance when steering wheel
is in up position.
17. Full wheel covers.
18. Oil, temperature, and amperage gauges.
19. Body side moldings.
20. Body color: White.
21. Anti-skid brakes, where applicable.
22. Silicone heater and radiator hoses.
23. Vendor will accept individual orders, invoice, and work with each participating
municipality directly.
//.2
City of Rockwall
Tentative Schedule for Police Patrol Vehicle Bid
September 13 - Resolution to Council for approval of interlocal purchasing agreement.
September 18 - Council meeting - approval of interlocal purchasing agreement.
October 6 - Participating governments return completed agreement to the City of
Rockwall.
October 13 - Advertise bid.
October 31 - Bid opening.
November 1 - Recommendation of bid award for Council meeting.
November 6 - Council meeting (award bid).
InfoRmAL
REpoRrs
WYLIE HISTORICAL COMMISSION
MEETING-MINUTES
AUGUST 3, 1989
The Wylie Historical Commission met August 3, 1989 at 7;00 P.M.
in the Council Conference Room at the Municiple Complex.
We were honored to have as our Guest Speaker the Chairman of
the Collin County Historical Commission, Mrs . Lolisa Morris .
All members were present and Mrs. Agnes Dempsey of the Advisory
Board . Members were asked to bring a list of Priorities for
City Historical work.
Our nest meeting scheduled is for September 7th, 1989, Thursday
at 7:00 P.M. in the Council Conference Room at the Municiple
Complex,
Let ' s all be present with our ideas and get excited about
the tasks before us.
Gail G. Clemmons
Secretary/Treasurer
Wylie Historical Commission
'/4,
/j•
1..
ANIMAL CONTROL MONTHLY REPORT
AUGUST 1989
TTRTS :CtRST % 'SAME MO. : Y. : THIS YR. :LAST YR. : Z ,
' MONTH ;MONTH +/- LAST YR. ' +/- ' TO DATE :TO DATE : + ;1H- WO,
TOTAL CALLS 93
81 70 ; ZZa
ANIMALS PICKED UP LIVE ,
(IMPOUNDED)
50 59 104 ; 4-12 ;
ANIMALS DIED IN KENNEL 2 1 5.
ANIMALS PICKED UP DEAD '
_ 9 ; 3
ANIMAL BITE REPORTS '
0 4
0
ANIMAL OBSERVATIONS '
0
ANIMALS TAKEN TO '
GARLAND HUMANE SOCIETY ; 54 50
68 371
ANIMALS CLAIMED BY OWNER
3
4411alli► 6 _. ; 6 ; 4-f�
ANIMALS ADOPTED ;
1 0 ; 11 I ; 16
CASH RECEIPTS ,
REGISTRATIONS
CITATIONS ISSUED
5 4 4 ; a
CITATION $ AMOUNT (APPX. ):
1167 . 00 3126 ,00 =
$9861
MILES TRAVELED
911 :_ 6 5 3 ___-: -- :,1 13 7 • h7_45
ANIMALS EUTHANIZED • 2 _ _ -
PREPARED BY: _ DATE:__SEPTEMBER 51 1989
•
t 'l
...
iq
DATE: SEPTEMBER 6, 1989
TO: MR. CHARLES NORWOOD - CITY MANAGER
FROM: KAY DANIEL - LIBRARY ASSISTANT
RE: LIBRARY STATISTICS FOR THE MONTH OF AUGUST 1989
CIRCULATION:
ADULT CIRCULATION 769
JUVENILE CIRCULATION 1313
LARGE PRINTS 5
VIDEOS 609
INTERLIBRARY LOANS 56
PAPER BACKS 69
CASSETTES 60
TOTAL 2881 ( Average 107 per day)
REGISTRATIONY
NEW CARDS ISSUED 166
CARDS ISSUED TO DATE 7330
RESPECTFULLY,4a4tta-12)
KA-"..)6! EL- LI DIRECT YE ASSISTANT
'
RO BURGESS - OR
* NOTE , WITH SUMMER OVER WITH NOW, WE ARE LOOKING FOWARD TO A VERY SUCCESSFUL
FALL AND WINTER, HELPING OUR SCHOOL KIDS IN ALL KINDS OF RESEARCH AND ASSIGNMENTS.
WE HAVE OVER 5000 BOOKS PUT INTO THE COMPUTER AT THIS TIME.