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12-10-1985 (City Council) Agenda Packet )0t0 : /6/1)4 47)r. L/�%✓ / - ' 317 y ^r4 ' l AGENDA REGULAR MEETING CITY COUNCIL CITY OF WYLIE, TEXAS TUESDAY, DECEMBER 10 , 1985 7 :00 P.M. COMMUNITY ROOM 800 T'IOMAS STREET CALL TO ORDER INVOCATION ORDER OF PAGE BUSINESS REFERENCE BUSINESS COUNCIL BUSINESS 1 1-3 Consider approval of minutes . PUBLIC READING OF ORDINANCES/PUBLIC HEARINGS 2 4-6 Consider approval of annexation ordinance for 50 acres out of the Duke Strickland Survey , Abstract 841 located west of SH78 across from Century Business Park . 3 7-10 Conduct PUBLIC HEARING on the request for Industrial and Business 2 zoning for 50 acres out of the Duke Strickland Survey , Abstract 841 . 4 11-13 Consider approval of zoning ordinance for 50 acres out of the Duke Strickland Survey , Abstract 841 . 5 14-16 Consider approval of annexation ordinance for 7 . 136 acres out of the Francisco de la Pina Survey , Abstract 688 located on E . SH78 - site of proposed Municipal Complex . 6 17-21 Conduct PUBLIC HEARING on the request for Business 1 zoning for 7 . 136 acres out of the Francisco de la Pina Survey , Abstract 688 - located on E . SH78 . 7 22-24 Consider approval of zoning ordinance for 7 . 136 acres out of the Francisco de la Pina Survey , Abstract 688 . 8 25-29 Conduct final PUBLIC HEARING on annexation of 2 acres out of the Francisco de la Pina Survey , Abstract 688 located on E . SH78 - commonly known as Wylie Junction . 9 30 Consider approval of ordinance amending the zoning ordinance providing for a transitional clause which will redesignate certain areas of the City from SF-1 to SF- 2 , SF-2 to SF-3 and MF to SF-A . 10 31-42 Consider approval of ordinance establishing standards and regulations for the handling of food and for the establishments that sell food to be consumed by the general public . 11 43 Consider approval of amendment to Mobile Home Park ordinance to remove the requirement for trash can racks for each mobile home parking space . 12 44 Conduct PUBLIC HEARING on proposed Revenue Sharing budget . NEW BUSINESS 13 Consider request for dual adressing - presentation by Ms . Hazel Murray . 14 Consider authorization to close alley connection to righr-of-way from Rush Creek I to Akin Lane . 15 Consider authorization to expend $1000 .00 from the Council Reserve to support Executive Director for Chamber of Commerce . 16 Consider approval of revised "Approved for Construction/Final Plat" for Wyndham Estates Phase 2 - Revised . 17 45-48 Consider approval of lease/purchase agreement on copiers for Library and Public Works department . 18 Consider authorization to go out for bids for large copiers for City Hall and for the Engineering and Planning Department . 19 Consider authorization to seek engineering and design services for construction of new sewage treatment facility . 20 49 Consider award of bid for proposed Municipal Complex . 21 Consider authorization for City Manager to hire a jail consultant . GENERAL DISCUSSION 22 Citizen Participation . 23 Council Discussion . 24y ADJOURN ~ ^ ` ` � ' CALLED CITY COUNCIL MEETING — MINUTES NOVEMBER 23, 1985 10: 00 A. M. The Wylie City Council met in a called session an Saturda` November 23, 1985 at 1C: 00 A. M. in the Community Center Wylie. A quorum was p,esent and notics OF the meeting heg u°en posted for the time and in the manner required by la`.' ;ayo- Akin presided. Those present were Mayor John Akin , Mayor Pro Tem Huhges, Cou/'ci ] members percy Simmons, Haro10 0ence, William Martin, Joe Fulgham anc Randall Gaston , Cj > Manager Gus Pappas, City Secretary Car'zl yn Jones, Fi na..c= Qirector James Johnson, Public Works Director Bjll Wi '.Gh6� Bro' Al Draper and Rev. Rives, Councilman Martin wis n./i present ' Mayor Akin called the meeting to order and thanks the pastors for coming to co^nt the questionoiares that ha-e been returned. Mayor Akin called for a recess during which time the pasLc, . will count the returns. Mayor Akin reconvened the meeting and read the results of the questionnaires as follows: In favor 1 . 6 M. 58 In favor 2' 5 M. 249 Against 33 Undecided` � TOTAL VOTES P ^yo,' Axin thanxed Bto D' aper and Re^ . /` jes Fo, YL '/ ng their time tki , mwrning. to adjou` n, with all ` / + a�or . _..................... ____ - - ------------------------------- Carolyn Jones, City Secretary � ^ MINUTES PLANNING & ZONING COMMISSION THURSDAY, November 14 , 1985 The Planning and Zoning Commission for the City of Wylie , Texas met in regular session on December 2, 1985 in the Wylie Community Center. A quorum was present and notice of the meeting had been posted for the time and in the manner required by law. Those present were: Vice Chairman Brian Chaney, Ken Mauk , Joe Strigle and Don Montgomery. Representing the City Staff were Gus Pappas; City Manager , Roy Faires; Code Enforcement Officer; and Kimberly Leverett; Secretary. The meeting was called to order at 7: 10 P. M. by Chairman Crane. ITEM NO. 1 - APPROVAL OF MINUTES - Vice Chairman Chaney asked if there were any changes or additions to the minutes. Hearing none a motion was made by Don Montgomery to approve the minutes as submitted. Ken Mauk seconded the motion. Motion carried 4-0. ITEM NO. 2 - PUBLIC HEARING ON ZONING OF 50 ACRES WEST OF SH 78 - This property, described as 50 acres out of the Duke Strickland Survey, Abstract 841 , ifs located west of SH 78 and across from Century Business Park. The petitioner is asking for 28. 6 acres of Industrial zoning and 21 . 4 acres of B-2 zoning. Mr. Pappas speaks and gives location of property in question. This property is really due west of Century Business Park area, however SH 78 is on the other side of the railroad tracks and this square shaped property that sits off 544, behind the railroad tracks on SH 78. It is basically a transition piece of property. David Sesco, representing Mr. Jack Harvard , we are asking for Industrial and B-2 zoning. Vice Chairman makes a request for anyone else to speak in favor. No one speaks. Vice Chairman makes a request for anyone to speak against. No one speaks out. A motion was made by Don Montgomery to approve the 28. 6 acres of Industrial Zoning and the zoning of B-2 on 21 . 4 acres. Joe Strigle seconded the motion. Motion carried 4- O. ITEM NO. 3 - PUBLIC HEARING ON ZONING OF CITY HALL SITE - This property, described as 7. 136 acres out of the Francisco de la Pina Survey, Abstract 688, is located on SH 78 northeast of the City and is the site of the proposed Municipal Complex . The City is requesting B-1 zoning. Discussion is returned to the table. Vice Chairman requests for a motion. Motion was made by Ken Mauk to accept the zoning as requested. Joe Strigle seconded the motion. Motion carried 4-0. ITEM NO. 4 - RECOMMENDATION OF ORDINANCES REDESIGNATING CERTAIN AREAS OF ZONED PROPERTY - This ordinance is a housekeeping matter which allows us to redesignate areas of the City which were zoned under the old Zoning ordinance but now are incompatable with the new zoning descriptions. Areas of the City which were zoned SF-1 under the old ordinance will now be designated as SF-2. By the same token , areas formerly zoned SF-2 will now be designated as SF-3. Also, under the previous ordinance, there was no designation for townhouses. Therefore, those areas previously designated as duplex , and in some cases, multifamily but in actuality are townhouse areas will now be designated as such. Vice Chairman requests for any questions. Don Montgomery asks if anyone should receive any letters regarding the zoning changes. Mr. Faires states that since it is a city wide that the homeowner does not have to be notified by publication. Mr. Pappas speaks and states that when we are though zoning everything there will yery few SF-1 . Vice Chairman asks if anyone else has any questions. Motion was made by Joe Strigle to accept the request for zoning changes of SF-1 to be SF-2, and SF-2 to be changed to SF-3. Don Montgomery seconded the motion. Motion carried 4-0. ITEM NO. 5 - ADJOURN - Motion was made by Ken Mauk to adjourn. Brian Chaney, Vice Chairman Planning and Zoning Respectfully Submitted: Kimberly Leverett , Secretary ORDINANCE NO. AN ORDINANCE FOR ANNEXATION: TO ANNEX TO THE CITY OF WYL_ E, DC;O�LI,� _NT XAS, A TRACT OF LAND OF THE -. .-=-C&y.13�2L.__ SURVEY, ABSTRACT NO. // 0/53, UPON PETTION OF 4'.; _,11?C4 aLy, Alps iaWHEREA f,y4 � 7 v, has filed a written petitio to annex to t e ty o Wylie, Collin County, Texas, the tract of land hereinafter described, which said tract of land less than three () qualified voters reside, all of which said facts the City Council hereby finds to be true and correct; and WHEREAS, such petition has been heard and considered by the City Council , and it been decided that such annexation of such tract of land would be to the best interest of the public and of the said City of Wylie, Texas, and that such pet i. ton for annexation should be, and the same is now granted ; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF WYLIE, TEXAS: That the following described tract of land, described by metes and bounds as follows, to-wit: TRACT II COMMENCING at an iron pin found for corner, said iron pin being the Southwest corner of the above referenced tract and also being the South- west corner of the Duke Strickland Survey, Abstract Number 841 and the Southeast corner of the I. Clifton Survey, Abstract Number 193; THENCE, South 89° 32' 38" East, along the Southerly line of the above referenced tract, a distance of 565.00 feet to an iron pin set for corner, and being the point of beginning of the herein described tract; THENCE, North 15° 04' 00" West, departing said Southerly line, a dis- tance of 406. 33 feet to an iron pin set for corner; THENCE, North 86° 31' 27" West, a distance of 253. 50 feet to an iron pin set for corner; THENCE, North 03° 49' 46" East, a distance of 626.60 feet to an iron pin set for corner; THENCE, North 86° 08' 57" West, a distance of 181 .75 feet to an iron pin set for corner in a fence; THENCE, North 03° 51' 03" East, along said fence, a distance of 438. 16 feet to an iron pin found for corner in a fence; THENCE, North 46° 55' 31 " East, a distance of 43.83 feet to an iron pin found for corner in a fence; THENCE, East, with a fence, a distance of 1616.88 feet to an iron pin found for corner in a fence; THENCE, South 00° 02' 15" East, with a fence, a distance of 1160. 17 feet to an iron pin found for corner in the Northwesterly right-of-way line of the Gulf, Colorado & Santa Fe Railroad (125' R.O.W. ) • THENCE, South 50° 25' 09" West, with said right-of-way line, a distance of 561 .90 feet to an iron pin found for corner in a fence; THENCE, North 89° 32' 38" West, departing said right-of-way line, a distance of 747. 89 feet to the point of beginning and containing 50. 000 acres of land, more or less. (2, 178,000 sq. ft. ) ORDINANCE NO. CONT' D. be received, annexed to, and made part of - and the same is hereby received, annexed to, and made part of - the City of Wylie, Collin County, Texas, subject to all laws, rules and regulations of said City. ` The fact that such annexation of said tract of land will be to the best interest of the public and the City of Wylie, and , because planned improvements upon said lands create an emergency, a necessity exists requiring that this ordinance be passed and adopted on first reading. This Ordinance shall be in force and effect from and after its passage and approval by the Mayor of Wylie. PASSED AND PPPROVED THIS THE _ DAY OF 198^� ' John W. Akin, Mayor ATTEST: ' Carolyn Jones, City Secretary / PETITION FOR ZONING THE STATE OF TEXAS: COUNTY OF COLLIN: TO THE CITY COUNCIL_ OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS: Now comes i�Z/i ��Y�%l� of the C ui L y of Z'OG L1// ___and the State of Texas, and represents to the City Council of the said City of Wylie, Texas, that he is the owner or is acting for all of the owners or partnerships or coprorations who are owners of the following described tract of al nd which is within the City Limits of the City of Wylie, in Collin County, texas, and described as follows: • COMMENCING at an Iron pin found for corner, said iron pin being the Southwest corner of the above referenced tract and also being the South- west corner of the Duke Strickland Survey, Abstract Number 841 and the Southeast corner of the I. Clifton Survey, Abstract Number 193; THENCE, • South 89° 32' 38" East, along the Southerly line of the above referenced tract, a distance of 565.00 feet to an iron pin set for corner, and being the point of beginning of the herein described tract; THENCE, North 15° 04' 00" West, departing said Southerly line, a dis- tance of 406. 33 feet to an iron pin set for corner; THENCE, North 86° 31' 27" West, a distance of 253.50 feet to an iron pin set for corner; THENCE, North 03° 49' 46" East, a distance of 626.60 feet to an iron pin set for corner; THENCE, North 86° 08' 57" West, a distance of 181 .75 feet to an iron pin set for corner in a fence; THENCE, North 03° 51' 03" East, along said fence, a distance of 438. 16 feet to an iron pin found for corner in a fence; THENCE, North 46° 55' 31 " East, a distance of 43.83 feet to an iron pin found for corner in a fence; THENCE, East, with a fence, a distance of 1616.88 feet to an iron pin found for corner in a fence; THENCE, South 00° 02' 15" East, with a fence, a distance of 1160. 17 feet to an iron pin found for corner in the Northwesterly right-of-way line of the Gulf, Colorado & Santa Fe Railroad (125' R.O.W. ) ; THENCE, South 50° 25' 09" West, with said right-of-way line, a distance of 561 . 90 feet to an iron pin found for corner in a fence; THENCE, North 89° 32' 38" West, departing said right-of-way line, a distance of 747.89 feet to the point of beginning and containing 50. 000 acres of land , more or less. (2, 178,000 sq. ft. ) 7 PETITION FOR ZONING CONT' D. PAGE 2 Said \7}Zre f/ i; VZ) represents that he and all other owners desire the zoning to be changed from C/�1NC'Of'OU.e.�1E/J -' 4_ to ihiL_v4 Z in accordance with the current Zoning Ordinance and making said zoning subject to the appropriate laws, rul es, and regulations of said City relating to that classification of zoning. Your petitioner , therefore, respectfull prays that the land above described bne zoned by the said City of Wylie, Texas, as provided by Article 974 (g) of the REVISED CIVIL STATUTES OF THE STATE OF TEXAS. Witness the hand ) - this petitio this the i' / �� day of / 198 7 Signature Jacdc_ilarvard Please Print Name _5_012 .$.p rrows Point Street address or Box No. -Plano ___Y Texas 75023 City Texas Zip 985-8500 Telephone THE STATE OF TEXAS: COUNTY OF COLLIN: Before me, the undersigned Notary Public on this day personally appeared �&'k _ 4:MA49 known to me to be the person whos name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expresses: Given un er my hand and seal of office this the J � LL day of 1993 . No ary ubl i c, Coll-4 Te a_ (1 /A ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO 81-5) , TO CHANGE THE ZONING ON THE HEREINAFTER ` DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA- TION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200. 00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Zoning Commission and the City Council of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the granting of zoning changes under the zoning ordinance and zoning map, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the said Governing Body is of the opinion t which u is on application - should be granted and theompre�ensive Zu��in���-. i��nce& �f the 4� City of Wylie should be amended in the exercise of its legislative discretion: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 . That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be and the same is hereby amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning district classification to-wit: Said property being described as follows: � � TRACT II COMMENCING at an iron pin found for corner, said iron pin being the Southwest corner of the above referenced tract and also being the South- west corner of the Duke Strickland Survey, Abstract Number 841 and the Southeast corner of the I. Clifton Survey, Abstract Number 193; THENCE, South 89° 32' 38" East, along the Southerly line of the above referenced tract, a distance of 565.00 feet to an iron pin set for corner, and being the point of beginning of the herein described tract; THENCE, North 15° 04' 00" West, departing said Southerly line, a dis- tance of 406. 33 feet to an iron pin set for corner; THENCE, North 86° 31' 27" West, a distance of 253.50 feet to an iron pin set for corner; THENCE, North 03° 49' 46" East, a distance of 626.60 feet to an iron pin set for corner; THENCE, North 86° D8' 57" West, a distance of 181 . 75 feet to an iron pin set for corner in a fence; THENCE, North 03° 51' 03" East, along said fence, a distance of 438. 16 feet to an iron pin found for corner in a fence; THENCE, North 46° 55' 31 " East, a distance of 43.83 feet to an iron pin found for corner in a fence; THENCE, East, with a fence, a distance of 1616.88 feet to an iron pin found for corner in a fence; THENCE, South 00° 02' 15" East, with a fence, a distance of 1160. 17 feet to an iron pin found for corner in the Northwesterly right-of-way line of the Gulf, Colorado & Santa Fe Railroad (125' R. O.W. ) • THENCE, South 50° 25' 09" West, with said right-of-way line; a distance of 561 . 90 feet to an iron pin found for corner in a fence; THENCE, North 89° 32' 38" West, departing said right-of-way line, a distance of 747.89 feet to the point of beginning and containing 50. 000 acres of land, more or less. (2, 178,000 sq. ft. ) SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the proposes provided for in the Comprehensive Zoning Ordinance of the City as amended herein by the granting of this zoning classification. SECTION 4. That should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional , illegal or i nvl ai d, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City, as heretofore amended, and upon conviction shall be punished by fine not to exceed the sum of two hundred dollars ($200. 00) for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 6. It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare fo the City. Therefore, this ordinance shall take effect immediately from and after its passage, as the law in such cases provides. DULLY PASSED BY THE CITY COUNCIL OF-Tf CITY OF YL I E, TEXAS, this the __ /_L day of 1985 . JOHN W. AKIN, MAYOR ATTEST: Carolyn Jones, City Secretary ORDINANCE NO. AN ORDINANCE FOR ANNEXATION: TO ANNEX TO THE CITY OF WYLIE, COLLIN COUNTY TEXAS, A TRACT OF LAND OF THE SURVEY, ABSTRACT NO. - Zez , UPON PETTION O WHEREAS has filed a written petitio���o annex to the �ity �� Wylie, Collin County, Texas, the tract of land hereinafter described, which said tract of land less than three (3) qualified voters reside, all of which said facts the City Council hereby finds to be true and correct; and WHEREAS, such petition has been heard and considered by the City Council , and it been decided that such annexation of such tract of land would be to the best interest of the public and of the said City of Wylie, Texas, and that such petiton for annexation should be, and the same is now granted; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF WYLIE, TEXAS: That the following described tract of land, described by metes and bounds as follows, to-wit: ' ^f � r CITY TRACT 7.136 Acres BEING a tract of land situated in the Francisco de la Pina Survey, Abstract No. 688, of Collin County, Texas, said tract being part of a 74.54 acre tract of land recorded in Volume 584, Page 158, of the Deed Records of Collin County, said tract also being part of Tract "B", 286.398 acres, as surveyed by Harry B. Carroll , Registered Public Surveyor No. 986, and being more particularly described as follows: COMMENCING at a point at the southwest corner of a 74.54 acre tract conveyed in Volume 584, Page 158, said point being the point of intersection of the centerline of a dirt road with the northerly R.O.W. line of State Hwy. No. 78 (R.O.W. varies), and the beginning of a curve to the right having a central angle of 7 deg 20 min 10 sec, a radius of 2864.79 feet,and a chord bearing of N 87 deg 48 min 55 sec, 366.55 feet; THENCE along said curve and along the northerly R.O.W. line of State Hwy. 78, an arc distance of 366.80 feet to a point; THENCE continuing along the northerly R.O.W. line of State Hwy. 78 as follows: S 88 deg 31 min 00 sec E, 556.80 feet to a point; N 01 deg 30 min 00 sec E, 8.00 feet to a point; S 88 deg 31 min 00 sec E, 311.48 feet to the POINT OF BEGINNING. THENCE N 01 deg 29 min 00 sec E, leaving the northerly R.O.W. line of State Hwy.78, 776.00 feet to a point for corner; THENCE N 76 deg 23 min 11 sec E, 389.44 feet to a point for corner; THENCE S 01 deg 29 min 00 sec W, 877.43 feet to a point for corner in the northerly R.O.W. line of State Hwy. 78; THENCE N 88 deg 31 min 00 sec W, along the northerly R.O.W. line of said State Hwy. 78, 376.00 feet to the POINT OF BEGINNING, and containing 7.136 acres of land. . . ORDINANCE NO. CONT' D. be received, annexed to, and made part of - and the same is hereby received, annexed to, and made part of - the City of Wylie, Collin County, Texas, subject to all laws, rules and regulations of said City. The fact that such annexation of said trac^- of land will be to the best interest of the public and the City of Wylie and, because planned improvements upon said lands create an emergency, a necessity exists requiring that this ordinance be passed and adopted on first reading. This Ordinance shall be in force and effect from and after its passage and approval by the Mayor of Wylie. PASS ROVED THIS THE DAY OF 19,�� _ -------- _ John W. Akin, n---ayor--- ATTEST: ' Carolyn Jones, City Secretary /Z . ' ` PETITION FOR ZONING THE STATE OF TEXAS,- COUNTY OF COLLIN: TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, |EXAS: NoUMeS _ /ehv- o_ f the County of .......and the State of and represents to the City Council of the said City of Wylie, Texas, that he is the owner or is acting for all of the owners or partnerships or corporations who are owners of the following described tract of land which is within the City Limits of: Li.e City of Wylie, in Collin County, Texas, and described as follows: ` . . ` FET |TION FOR ZONING CONT' D. PAGE 2 5a� d represents that he and all ot �/ owners des .reIve zoning to be changed from to _ in accordance with c��ycurrent Zoning Ordinance and making said zoning subject to the appropriate laws, rules, and regulations of said City relating to that classification of zoning ' Your petitioner, therefore, respectfully prays that the land above described be zoned by the said City of Wylie, Texas, as provided by Article 974 (g) of the REVISED CIVIL STATUTES OF THE STATE OF TEXAS. Witness t his petitioner this the day of 19q5__' ---����------ Signature �---------------^-7�°�-+�r�=�' ~ Please Prznt nmme Street address address or Box No. ----+V V!___-^-~�- '��~ y' 0ity Texas Zjp Telephone {� / (2 . . ` THE STATE OF TEXAS: COUNTY OF COLLIN: Before me, the u d i d Nopary Publj. c on this da; personally appeared known to me to be the person whose We is f�bscritpd to the foregoin-j instrument , and acknowledged to me that he executed the same for the purposes and consideration therein expresses: G' v hand and seal of office this the day #Ft ��_ Notar ^ c , in County. Texas Mary Pair,9*d Tng / ' CITY TRACT 7.136 Acres BEING a tract of land situated in the Francisco de la Pina Survey, Abstract No. 688, of Collin County, Texas, said tract being part of a 74.54 acre tract of land recorded in Volume 584, Page 158, of the Deed Records of Collin County, said tract also being part of Tract "B", 286.398 acres , as surveyed by Harry B. Carroll , Registered Public Surveyor No. 986, and being more particularly described as follows: COMMENCING at a point at the southwest corner of a 74.54 acre tract conveyed in Volume 584, Page 158, said point being the point of intersection of the centerline of a dirt road with the northerly R.O.W. line of State Hwy. No. 78 (R.O.W. varies), and the beginning of a curve to the right having a central angle of 7 deg 20 min 10 sec, a radius of 2864.79 feet,and a chord bearing of N 87 deg 48 min 55 sec, 366.55 feet; THENCE along said curve and along the northerly R.O.W. line of State Hwy. 78, an arc distance of 366.80 feet to a point; THENCE continuing along the northerly R.O.W. 1 i ne of State Hwy. 78 as follows: - S 88 deg 31 min 00 sec E, 556.80 feet to a point; N 01 deg 30 min 00 sec E, 8.00 feet to a point; S 88 deg 31 min 00 sec E, 311.48 feet to the POINT OF BEGINNING. THENCE N 01 deg 29 min 00 sec E, leaving the northerly R.O.W. 1 i ne of State Hwy.78, 776.00 feet to a point for corner; THENCE N 76 deg 23 min 11 sec E, 389.44 feet to a point for corner; THENCE S 01 deg 29 min 00 sec W, 877.43 feet to a point for corner in the northerly R.O.W. 1 i ne of State Hwy. 78; THENCE N 88 deg 31 min 00 sec W, along the northerly R.O.W. line of said State Hwy. 78, 376.00 feet to the POINT OF BEGINNING, and containing 7.136 acres of land. J1 1 � R P‘ N ?OE- 4 __ 12'17'40- 5 Poo R = 5779.58' - a = 16°00'50" eL ,g T = 622.48' Rp11_ROA° R = 412 54' �0°5 L = 1240.18 SpNTE FE T = 412 54' '�• L = 819.70' 5S 202 PEKA 8` ` _ —' rl6 AtG�115�5,492G91 ��5- � 4 J _ Ps IPs. 6°23 II W � y01 '��� eoyed ro N.M. Co, e1 Ie el .<r. r.o<r �� _ / e0' Vol. se. Py Ise 5 776°- 11 E_ i i�' p-lveb•ri• peuoFln°.t^c. n 29 IPs N �A�S�' V�,r60 u^L�pe 6'1 gcl Lln•CP aRt— tAmellt 3 pp. 60 Wide road to _ Z'E ��/ /,ice/ Easement 780 2 5 - ,►v` P� 44-= • �' i 389A4 V.01°06'02"E. \POS P -5 � 02. tt"E R.RI d 12°48'36' N6 117.74 - ...__ Y /� I PPL-� RR R = 5679.58' • 1 F T.P. 8 L. Esm 1. Vol. 491 Pr. 153 T = 637.56' 11 (One Pole Only) L = 1269.81' RR I PS 41„ M 0L 1O 7.136 ACRES � CO 6 .":...'.... ......'. CZ o G = 07° 20 10" IR = 2864.79' 11 ; i T = 183.65' o p 0 e v I g L = 366.80' o CiJ� P TJ z rn O .01 ss. 'I .-e S OP'30.00"W OZ Iio __3II.48• 376.00. f 312.25 ____________y ° 1` � 7.136 ACRE TRACT 3.60 N 88° 31 OORw 556 80 Neeo 71'OO w 999.73' - _. BECKHAM PROPERTIES «. 6-18-85 s_ I.., 200_ s_,�' I <,. STATE HIGHWAY NO. 78 a variable R.o.w ) '. ODV BLN � . _I.__-_ s-lersI t`b) NELSON ENGINEERING CORPORATION w5l.lrik, eMO,..tt"S . ' ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO 81-5) , TO CHANGE THE ZONING ON THE HEREINAFTER ` DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA- TION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200. 00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Zoning Commission and the City Council of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the granting of zoning changes under the zoning ordinance and zoning map, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the said Governing Body is of the opinion nggf zoning which f "Ais on application M should be granted and the rehe. sive�--n�—'-- riAce of--- the City of Wylie shoulm~ be amended in the-exercse of its legislative discretion: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 . That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be and the same is hereby amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning district classification to-wit : Said property being described as follows: ~� � CITY TRACT 7.136 Acres BEING a tract of land situated in the Francisco de la Pina Survey, Abstract No. 688, of Collin County, Texas, said tract being part of a 74.54 acre tract of land recorded in Volume 584, Page 158, of the Deed Records of Collin County, said tract also being part of Tract "B", 286.398 acres, as surveyed by Harry B. Carroll , Registered Public Surveyor No. 986, and being more particularly described as follows: COMMENCING at a point at the southwest corner of a 74.54 acre tract conveyed in Volume 584, Page 158, said point being the point of intersection of the centerline of a dirt road with the northerly R.O.W. line of State Hwy. No. 78 (R.O.W. varies), and the beginning of a curve to the right having a central angle of 7 deg 20 min 10 sec, a radius of 2864.79 feet,and a chord bearing of N 87 deg 48 min 55 sec, 366.55 feet; THENCE along said curve and along the northerly R.O.W. line of State Hwy. 78, an arc distance of 366.80 feet to a point; THENCE continuing along the northerly R.O.W. 1 i ne of State Hwy. 78 as follows: S 88 deg 31 min 00 sec E, 556.80 feet to a point; N 01 deg 30 min 00 sec E, 8.00 feet to a point; S 88 deg 31 min 00 sec E, 311.48 feet to the POINT OF BEGINNING. THENCE N 01 deg 29 min 00 sec E, 1 eaii ng the northerly R.O.W. line of State Hwy.78, 776.00 feet to a point for corner; THENCE N 76 deg 23 min 11 sec E, 389.44 feet to a point for corner; THENCE S 01 deg 29 min 00 sec W, 877.43 feet to a point for corner in the northerly R.O.W. line of State Hwy. 78; THENCE N 88 deg 31 min 00 sec W, along the northerly R.O.W. line of said State Hwy. 78, 376.00 feet to the POINT OF BEGINNING, and containing 7.136 acres of land. ` . ^ SECTION 2' That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the pruposes provided for in the Comprehensive Zoning Ordinance of the City as amended herein by the granting of this zoning classification. SECTION 4. That should any paragraph, sentence, subdivision , clause, phrase or section of `this ordinance be adjudged or held to be unconstitutional , illegal or invlaid , the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City, as heretofore amended, and upon conviction shall be punished by fine not to exceed the sum of two hundred dollars ($200. 00) for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 6. It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper development and in order to protect the public interest , comfort and general welfare fo the City. Therefore, this ordinance shall take effect immediately from and after its passage, as the law in such cases provides. DULLY PASSED BY THE CITY COUNCIL OF TH IE, TEXAS, this the _ day of , -���------- - JOHN W. AKIN, MAYOR ATTEST: _________ _________ Carolyn Jones, City Secretary ��m/ • • • PETITION FOR ANNEXATION THE STATE OF TEXAS: COUNTY OF COLLIN: TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY , TEXAS: Now comes Mary Lee Parker of the County of Dallas and the State of Texas, and represents to the City Council of the said City of Wylie, Texas, that he is the owner or is acting for all of the owners or partnerships or corporation who are owners of the following described tract of land which is contagious and adjacent to the City of Wylie, in Collin County, Texas, and in which has less than three (3) qualified voters, reside, described as follows: See Attached sj�� • • • • • american title insurance company A Florida Corporation, Miami, Florida SCHEDULE A Owner Date of Policy Amount of Policy Policy Number 42-0 034131 • August 6, 1982 $180,000. 00 Name of Insured GF Number PARKER ELECTRICAL COMPANY, INC. 2027cr 1. The estate or interest in the land insured by this policy is: Fee Simple. 2. The land referred to in this policy is described as follows: BEING all that certain lot, tract or parcel of land situated in Collin County, Texas, being out of the FRANCISCO DE LA PINA _— ----SURVEY, ABSTRACT-NO; 688, and being the same 2 acre tract recorded in Volume 871, Page 493, Collin County Land Records and being more particularly described as follows: Beginning at an iron stake found for corner in the South line of U. S. Hwy. 78, said point being the Northwest corner of said 2 acre tract; THENCE: South 00 deg. 05 min. 00 sec. East 208 .71 feet to an iron stake found for conrer, said point being the Southwest corner of said 2 acre tract. THENCE: North 89 deg. 27 min. 40 sec. East 417.42 feet to an iron stake found for conrer, said point being the Southeast corner of said 2 acre tract. THENCE: North 00 .deg. 05 min. 00 sec. West 208. 71 feet to an iron stake set for corner in the South line of U. S. Hwy. 78, said point being the Northeast corner of said 2 acre tract. THENCE: South 89 deg. 27 min. 40 sec. West along Hwy. Right-of- Way 417 .42 feet to the Place of Beginning and containing 2. 000 acres of land. WYLIE TITLE COMPANY, INC. ka--x.Q'.v Countersigned at Wylie Texas Authorized Signature T•2921A1 15/801 • • • • t . american title insurance company A Florida Corporation, Miami, Florida SCHEDULE B This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases or easements insured, if any, shown in Schedule A, and to the following matters which are additional exceptions from the coverage of this policy: 1. Restrictive covenants affecting the land described or referred to above. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any overlapping of improvements. 3. Taxes for the year 19 82 and subsequent years, and subsequent assessments for prior years due to change in land usage or ownership. 4. The following lien(s) and all terms, provisions and conditions of the instrument(s) creating or evidencing said lien(s): A) Vendor's Lien reserved in Warranty Deed dated January 11, 1980 , executed by Ethel P. Toltin to David G. Caulkins and wife, R. Ilene Caulkins, recorded in Volume 1225, Page 129, Land Records, Collin County, Texas, securing the payment of one note of even date therewith in the original principal sum of $135,000.00, payable to the order of Ethel P. Toltin, further secured by a Deed of Trust of even date therewith to Theodore R. Kent, Trustee, recorded in Volume 1225, Page 133, Land Records, Collin County, Texas; And Additionally secured by a Deed of Trust to Secure Assumption dated August 2, 1982, exe- cuted by Parker Electrical Company, Inc. to G. E. Alderman, Trustee, and filed for record in the office of the County Clerk of Collin County, Texas on August 6, 1982, under Clerk' s File No. 26274 . B) Vendor' s Lien reserved in Warranty Deed dated June 12 , 1973, executed by Homer Wesley Cisson and wife, Maxine Cisson to Ethel P. Toltin, recorded in Volume 871, Page 493, Deed Records, Collin County, Texas, securing one note in the prin- cipal sum of $90,000. 00, payable to said Homer Wesley Cisson and wife, Maxine Cisson, additionally secured by a Deed of Trust of even date therewith, to James R. Caton, Trustee, re- - corded in Volume 357, Page 196 , Deed of Trust Records, Collin County, Texas. 5. Visible and apparent easements on or across subject property. 6. Any part of subject property lying within the boundaries of any public street or right of way. 7. Easement to Texas Power and Light Co, recorded in Volume 577, Page 178, Deed Records, Collin County, Texas. 8. Easement to Texas Power and Light Co. , recorded in Volume 625 , Page 356, Deed Records, Collin County, Texas. FORM T•292(8) (5/80) r� • • PETITION FOR ANNEXATION CONT' D. PAGE 2 Said Mary Lee Parker represents that he and all other owners desire to be annexed to and made part of the said City of Wylie, Collin County, Texas, subject to all laws, rules and regulations of said City. Your petitioner, therefore, respectfully prays that the land above described be annexed to the said City of Wylie, Texas as provided by Article 974 (g) of the REVISED CIVIL STATUTES OF THE STATE OF TEXAS. Witness the hand of this petitioner this the 21st day of January 198 5 - rll Signature MARY LEE PARKER Please Print Name 7718 Scotia Address Dallas, Texas 75248 City Texas Zip 214 387 1483 Telephone • • THE STATE OF TEXAS: COUNTY OF COLLIN: Before me, the undersigned Notary Public on this day personally appeared Mary Lee Parker , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expresses: Given under my hand and seal of office this the 21st day of Januarj , WILLIAM H. RUSTEN$ACH Notary Public, Collin�County Texas ORDINANCE NO . AN ORDINANCE OF THE CITY OF WYLIE , TEXAS , A HOME RULE POLITICAL SUBDIVISION , AMENDING ORDINANCE NO . 81-5 , THE ZONING ORDINANCE FOR THE CITY OF WYLIE REDESIGNATING CERTAIN ZONING CLASSIFICATIONS ; CREATING A NEW SECTION 35 , TRANSITIONAL PROVISIONS ; PROVIDING FOR PUBLICATION ; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS , the City Council of the City of Wylie has determined a need for the redesignation of certain zonina classifications within the City , SECTION 35 - TRANSITIONAL PROVISIONS 35 . 1 All areas within the City that were designated as SF-2 zoning prior to the 7th day of May , 1985 will henceforth be redesignated as SF-3 ; and 35 . 2 All areas within the City that were designated as SF-1 zoning prior to the 7th day of May , 1985 will henceforth be redesignated as SF-2 ; and 35 . 3 All areas within the City that are in actualit ; deemed to be classified as townhomes and designated as F zoning prior to the 7th day s May , 1985 will henceforth be redesignated as SE-A zoning , which zoning designation is reserved , in the Zoning Ordinance of the City of Wylie , passed and approved by the City Council of the City oi Wylie on the 7th day of May , 1985 , for townhomss as described in that Zoning Ordinance . This ordinance , or its caption , has been published in th(, Wylie News , the official newspaper of the City of Wylie . AND , this ordinance supercedes and nullifies any ordinance preceeding it which is in conflict , by content , with this ordinance . This ordinance will be effective immediately upon passa ,e and approval by the governing body of the City of W li Texas , namely the City Council of the City of Wylie . PASSED AND APPROVED ON THIS THE DAY OF lg� John W. Akin , :laver ATTEST : Carolyn Jones , City Secretary . , . ORDINANCE AN ORDINANCE FOR THE PURPOSE OF PROMOTING THE HEALTH, SAFTEY AND GENERAL WELFARE OF THE COMMUNITY BY PROVIDING REGULATIONS AND STANDARDS FOR THE HANDLING OF FOOD AND FOR THE ESTABLISHMENTS THAT SELL FOOD TO BE CONSUMED BY THE GENERAL PUBLIC. PROVIDING A SEVERANCE CLAUSE, PROVIDING A PENALTY CLAUSE AND PROVIDING FOR PUBLICATION. WHEREAS, The City of Wylie presently has no adequate ordinance to cover food and food establishments and, WHEREAS, such an ordinance will serve to protect the citizens of the city of Wylie from the possabilty of contaminated food or drink. THEREFORE , Be it ordained by the City of Wylie, Texas: SEC. 1-1 DEFINITIONS. To safeguard and promote the public health of the City of Wylie, Texas, the following definitions shall apply in the interpretation and the enforcement of this chapter: Business hereinafter used shall be deemed to include any business, occupation, industry and all operations incident thereto of the several kinds herein mentioned or referred to. Employee shall mean the owner, manager or any individual who handles food during preparation or serving who comes in contact with any eating utensils, or who is employed at any time with or without remuneration, in a room in which food is prepared or served. Food or foodstuff means any substance or thing, whether liquid or solid, whether organic or inorganic and whether of animal or vegetable origin intended to be used or used as food or drink or flavoring or confectionery or condiment for human beings This chapter shall not apply to pre' packaged food or drink sold in vending machines in locations whose principal business is not the preparation or selling of food. Food establishment shall mean every business known as and described as a slaughterhouse, meat market, butcher shop restaurant, food factory, fish market, bakery" confectionery, ice cream factory, grocery store, cannery' ' fruit market, vegetable market and food peddlers by wagon or otherwise; soda fountains, bottling works, saloons, bat- rooms, brewery .46n5 all similar and any business manufacturing, preparing, dealing with, handling, selling ~ foodstuffs at, either wholesale or retail , or dispensing thF same. , Health officer shall mean the health officer of the City of Wylie, Texas, and shall be construed to include any of hi -7- assistants, deputies, inspectors, sanitarians or any other official representative of the members of the health office staff . Itinerant restaurant shall mean any such place (restaurant ) defined in this section, which is operating for a temporar , period in connection with a fair, carnival , circus, public: / exhibition or other similar gatherings. �� Person shall mean person, firm, corporation or association . Restaurant includes cafes, coffee shops, cafeteria, short order cafe, tavern, sandwich shop or stand, lunchroom, luncheonette, boardinghouse, soda fountain, and all other places where food or drink is sold or offered for sale to the public, or served or permitted to be served, as will as kitchens where food or drink is prepared for sale to the public elsewhere. Room as hereinafter used shall be deemed to include any room or apartment or place enclosed on one or more sides for the purpose of any such business. Utensils shall mean dishes, glassware, silverware, kitchenware, cutlery, containers or other articles of any size or shape, constructed of any material whatsoever, used in preparing, holding, storing, transporting, serving cr- eating food. SEC. 1-2. APPLICABILITY. A. This chapter shall apply to every business of any kind known or described as a slaughterhouse, meat market , butcher shop, fish market, dairy, bakery, confectionery, ice cream factory, place for handling, preparing or sale of dairy products, or cooked and prepared foodstuffs, hotel , restaurant, grocery store, fruit market, vegetable market and food peddlers by wagon or otherwise; soda fountain, bottling works, saloon, barroom, brewery and all other similar businesses handling or having to do with foodstuff , wholesale or retail . B. And also to every room used for the purpose of any such business in keeping, storing, manufacturing, preparing , handling, distributing, selling, serving, or offering for sale any meat, fish, or slaughtered poultry, meat products, bread, cakes, pastry, confectionery, milk, butter or other dairy products, fruit, vegetables, groceries or other foodstuffs, whether raw or cooked, or otherwise prepared, or any liquid intended as food or drink for human being whether of an alcoholic or nonalcoholic nature; and also to each and all of the fixtures, furniture, receptacles, utensils, machinery, implements and other things used within or without any place of business for the purpose of any such business. C. And also to all persons owning or conducting or employed in or about any of such business; and each business room, place, matter and things herein mentioned above or referred to shall be respectively governed, managed, conducted , constructed, arranged, equipped and cared for in accordance with the following ordinance; and it shall be unlawful to conduct any such business, occupation or industry except in the due observance of the respective requirements of this chapter and the Code of Ordinances. D. This chapters shall not apply to local churches, nonprofit organizations, and civic clubs in gatherings, bazaars, fiestas, etc. , sponsored by them where food is sold r to the public. SEC. 1 PENALTY FOR VIOLATION OF CHAPTER. Any and all persons, firms, partnerships or corporations who shall violate any of the provisions of this chapter, or fail to comply therewith, or who shall violate or fail to comply with any order or regulation made hereunder, shall severally for each and every violation and noncompliance respectively be fined in a sum not to exceed the maximum permited by state law. The imposition of one fine for any violation of this chapter shall not excuse the violation or permit it to continue; and all such persons, firms, partnerships or corporations shall be required to correct or remedy such violations; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. In case a corporation is the violator of any provision of this ordinance, the president, vice-president, secretary, treasurer, manager or agent or employee of such corporation ' shall be also severally liable for the penalties herein prescribed, provided further that should a differen punishment be prescribed in any case by state law for an ^ offense included in this chapter, and should the punishment ' prescribed by state law be the only punishment which can lawfully be adjudged for any such offense then the Punishment prescribed by state law shall be adjudged by the corporation court against each such offender in lieu of th^ - penalty hereinabove provided. SEC. 1-4 PERMIT - REQUIRED. It shall be unlawful for any person in any way or manner to engage in, conduct or operate any business named or included in Article 1 of this chapter without first having applied for and received a permit in writing from the health officer, as herein provided. No food establishment shall open, operate or conduct business until and unless it shall have first obtained approval from the inspection section to operate such establishment. After approval is given the health officer may issue a health permit. ' SEC. 1-5. SAME - APPLICATION. Each applicant for any such permit shall file with said health officer a written application therefor which shall state name and address of such applicant , also a description by street and number or other appropriate designation of the location of such business and other information as may be required by said health officer. SEC. 1-6. SAME -ISSUANCE. If after investigation and the consideration of such application and all proper matters in connection therewith it shall appear to the said health officer that th " = statements made in such application are true, and th� premises and vehicle conform to the requirements of this: chapter and other laws applicable thereto, and that the applicant has complied with all the laws and ordinance~ regulating such business, said health officer shall gran ` = the permit applied for. SEC. 1-7. SAME-HEALTH OFFICER'S POWER TO SUSPEND REVOKEiOPERATION OF BUSINESS WITH SUSPENDED REV LICENSE. , � Said health officer shall have and is hereby given the power and authority to suspend or revoke any such permit at his r discretion upon proof to the satisfaction of said health officer of any violation, by the holder of any such permit of this chapter or other law applicable thereto. Anyone wh�" operates or conducts said business in the said city when hi � permit shall have been suspended or revoked shall be guilt Of a violation of the provisions hereof ' ' x SEC. 1-8. SAME-SUSPENSION, REVOCATION: EFFECTIVENESS SERVICE OF NOTICE: HEARINGS1 REAPPLICATION. , A. Suspension. The regulatory authority may, without prior warning, notice or hearing, suspend any permit to operate a food service establishment upon approval of a majority of . . . . the board of health if the permit holder does not comply with requirements of this chapter, or if the operation of the extablishment otherwise constitutes a substantial hazar(:1 to public health. Suspension is effective upon service of the notice required by subsection (b) . When a permit is suspended, the permit holder shall be afforded an opportunity for a hearing within ten ( 10) days of receipt of a request for a hearing' B. Effectiveness of suspension, revocation. Whenever a permit is suspended or revoked, the permit holder or person in charge shall be notified in writing that the permit is, upon service of the notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the regulatory authority by the permit holder within five (5) days. If no request for a hearing is filed within five (5) days, the suspension becomes final . The regulatory authority may end the suspension when the violation no longer exists. C. Revocation. The regulatory authority may, after providing opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of this chapter or for interference with the regulatory authority in the performance of its duties. Prior to revocation, the regulatory authority shall notify the permit holder or person in charge in writihg of the reasons for which the permit is subject to revocation and that the permit shall be revoked at the end of ten ( 10) days following service of such notice unless a request for a hearing is filed with the regulatory authority by the permit holder within such ten-day period. If no request for hearing is filed within the ten-day period, the revocation of the permit becomes final . D. Service of notices. A notice provided for in this chapter is properly serviced when it is delivered to the permit holder or person in charge or when it is sent by registered or certified mail , return receipt requested to the last known address of the permit holder. A copy of any notice shall be filed in the records of the regulatory authority. E. Hearings. The hearings provided for in this chapter shall be conducted by the regulatory authority at a time and place designated by it. Based upon the recorded evidence of such hearing, the regulatory authority shall make a final finding, and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the permit holder by the regulatory authority. F. Reapplication. Any food establishment the permit of which has been revoked or suspended may at any time make application for the reinstatement of the permit. Within one week after the receipt of a satisfactory application accompanied by a �ritten statement signed by the applicant to the effect that '' the violated item or items have been corected, the health officer shall make a reinspection and r thereafter as many reinspections as necessary to assure himself that the applicant is complying with requirements and in case his findings indicate compliance hall reinstate permit. ' ~ SEC. 1-9. SAME VALIDITY- Such permit shall be valid only for the calendar year ending December 31 , unless the same is sooner revoked or suspende� as herein provided, or unless the holder of such permit shall change the location of his place of business or sells or otherwise disposes of such business or materially changes the character of such business. Such permit shall expire the thirty-first day of December , Upon the expiration of any such permit and within seven (7) days thereafter, a person conducting or operating such business or vehicle shall apply for and secure renewal thereof in the same manner hereinabove provided for. SEC. 1-10. SAME-POSTING IN CONSPICUOUS PLACE1 INSPECTION SHEETS ON PREMISES.Each permit and inspection certificate pertinent thereto shall be at all times kept posted and displayed in a conspicuous place in or about such place of business, premises or vehicle. Inspection sheets must be kept on the premi ses to be produced upon request of said health officer . SEC. 1-11 . SAME-FEE. There shall be a twenty-five dollar ($25. 00) fee asses-se , for each health permit issued by the health officer. SEC. 1-12. NO LICENSE TO BE ISSUED TO FOOD ESTABLISHMENT UNTIL PERMIT IS GRANTED. No license under any ordinance of the city shall be issued to any person owning or operating any food establishment which is required to have a permit under this chapter , unless, such permit shall first have been granted by said health officer. It shall be the duty of said health officer immediately upon the granting of such permit to forward to the person making application and file with the city duplicate copy thereof „ SEC. 1-13. ADOPTION OF FOOD SERVICE SANITATION CODE. For the purpose of regulating food service and food service establishments, the unabridged form of the 1962 Edition of the "United States Public Health Service Food Service Sanitation Ordinance and Code, " copies of which are on file in the office of the city secretary, is hereby adopted and made a part of this Code as if fully set out herein , and the provisions thereof shall govern all matters covered therein within the ci ty, except those provisions which may be in conflict with other provisions of this Code; provided , however, that in said ordinance and code, all parenthetical phrases referring to grading and of Subsection H. 2. e, shall be understood to be deleted; and provided further , that Subsection H. 7. and H. 8. shall be understood to be deleted. Any person violating any provisions of the ordinance and code adopted by this section shall be punished as prescribed in section 1-5 of this Code. SEC. 1-14. OTHER BUSINESS IN SAME ROOM. A. No person owniryq or managing any such business shall permit and no person shall conduct, in any such room any other occupation or business if the same be of a nature, c:ir- be conducted in a manner, whereby foodstuffs may be exposed to any unsanitary conditions or pollutants as defined in Section 10A3 and 10A4, Article 4476-5, Vernon' s Annotated Civil Statutes. 1 . None of the operations connected with a restaurant c other food establishment shall be conducted in any room used for sleeping or domestic quarters. No bed or bedding may he kept or stored in any room where any of the operations connected with the operations of a restaurant or food establishment are conducted. Any sleeping ,-,room or living quarter shall be separated by a solid partition from any part of any food establishment. SEC. 1-15 LIVEANIMAL• FOWL PROHIBITED IN FOOD ESTABLISHMENT." No live animal or fowl shall be allowed in any food establishment.., , The only exception will be in the case of a "seeing eye dog. " SEC. 1-16. DISEOSAL OF CONTAMINATED FOODS. At any time Oat the health officer shall find any food, food products,=,`, drinks or beverages which are contaminated, spoiled, or "unfit for human consumption, it shall be the duty of such >'.party to immediately condemn said food or beverage. The owner of such contaminated food shall be required to di'spose of same in a manner approved by the health officer: , at" the owner' s expense. The condemned food or drink mustbe denatured by acceptable methods to render it unfit for". human consumption. SEC. 1-17. WASTED FOOD PROHIBITED. =kr It shall be unlawful for any person to waste or drop any foodstuff inany:public place or where it might create filth or attract flies'.; SEC. 1-18. INSPECTION OF RESTAURANTSs OTHER FOOD ESTABLISHMENTS. A. The city `: health officer, and any of his assistants, deputies, inspectors and sanitarians of the city acting under"".;the authrit,y of the"•city health officer or the city council , for„„:tt"I e� purpose of . protecting the public health and enforcing" this chapter shall at any time during normal business hoursk. enter in or upon any premises or food establishments the City. No person shall interfere with or refuse to ; pert' t any such officer or sanitarian to" make any inspection" hey.. by authorized;, and if any person shall refuse permission or', bmr or obstruct such inspection, then any license or permit or certificate issued by the City of Wylie,`_. Texas, for such business shall become subject to revocation and (shall be null and void on written order of the city healtWoficer; and every person who owns, manages, or conducts any 'such business and each agent or employee of such persons ll sha . -answer truly such questions and render such information and assistance and give such written statements or Cer,t"i:ficates as may be used or required by the city health officer under the provisions of this chapter; and shall permithim to examine upon request any license or permit or certificate relating to such business; and shall permit him to examine any bill or delivery tickets evidencing the. purchase or delivery of any foodstuff and showing the name of the person from whom same was purchased or received, whenever the health officer has reasonable cause to believe tklet some contaminated or adulterated food has been or may bebld. B. In case the health officer discovers the violation of ' r any item required for a permit, he shall make a second inspection after the lapse of such time as he deems necessary for the defect to be corrected and the second inspection shall be used in determining compliance with this chapter. Any_ .;.violation of the same item on two (2) consecutive inspections shall call for immediate revocation of permit. C. No person shall willfully hinder or obstruct the health officer in the exercise of the powers conferred upon him by this chapter. Such hindrance or obstruction shall be grounds for revocation of permit. G SEC. 1-19. CLEANLINESS-FLOORS. The floors of all rooms in which food or drink is stored , prepared or served or in which utensils are washed shall be of such construction as to be easily cleaned, shall be smooth and shall be kept clean and in good repair. The floor in each room shall be well washed or scrubbed at least. three (3) times each week, and all other parts of such room or thing contained therein as often as may be needed to maintain cleanliness. SEC. 1-20. SAME-WALLS, CEILINGS. Walls and ceilings of all rooms shall be kept clean and in good repair. All walls and ceilings of rooms in which food or drink is stored or prepared shall be kept free of dirt, soap,', grease,, food particles and all other foreign matter and shall be-`kept in a state of good repair. The walls of all kithens and scullery shall be sealed from floor to the ceiling and -shall have a smooth, washable impervious surface up to; the- levell, reached by splash or spray from dish washing Vats -or maC ines.` Evidence 'of splash or spray above the impervious surfacing shall be deemed a violation of this item and shall be sufficient cause to require additional impervious surfacing. SEC. °1-21. OP01NGS OF FOOD "ESTABLISHMENTS. All openingsof food etablishments to the outer air shall be effectively. screened with not less than 14-mesh wire cloth and all doors.;shall be self-closing tightly and securely against flies and other insects. Window and ;door.: screens and frames thereof shall be tightfitting 'and in a good state of repair and free of holes and all screens:. shall be kept clean and free from accumulation of dust, grease, smoke or other deposits. SEC. 1-22. 1161-fIING IN FOOD PREPARATIONL STORAGE,. UTENSIL- WASHING ROOIMS.>;- All rooms in which food is prepared or stored or in which utensils are washed shall be well lighted. SEC. 1-23. 'VENTILATION. All rooms in which food is stored, prepared or served except cold storage ooms shall be adequately ventilated so as to prevent odors and condensation. Supplementary equipment such as stove hoods arid exhaust fans shall be provided if in the judgment of the health officer ventilation of doors and windows is inadequate to prevent disagreeable odors and condensation- and accumulation of grease. SEC. 1-24. PLUMBING. All plumbing- ,sha'N meet the requirements of the city plumbing code. All toilets shall have individual flytight solid housing nd shall have self-closing doors with no rr direct opening ;. into the establishment. The toilet or restroom shall ; be will lighted and shall be ventilated to the outside ;a ;r`. The toilet and rest rooms shall be kept clean and freekof waste material , rubbish and litter and the fixtures shall bekept clean and free of filth, scales and discoloration~ the toilet or lavatory rooms shall not be used for the storage of food, food packages, wrappings or any other devise. used to enclose food. Linens, napkins, clean uniforms a or aprons shall not be stored in toilet (or rest rooms) `'. Appropriate, durable and legible signs instructing employees to wash their hands before returning to work shall'"`'be posted conspicuously in every toilet, urinal , lavatory and/or dressing room used by any food establishment. Soap and a reasonable supply of sanitary towels or hand drying device supplying heated air shall be provided for operators and employees of all food establishments. SEC. 1-25. HAND-WASHING FACILITIES. Hand-washing facilities, consisting of a lavatory providinc; hot and cold water with combination faucet or mixing valve conveniently located and available to both sexes, soap and a supply of sanitary towels shall be provided for operators and employees<'..-of' all food establishments. SEC. 1-26. RUiVNING WATER IN FOOD PREPARATION& UTENSIL- WASHING ROODS,' All rooms inMwhich food is prepared or utensils washed shall be provided -'With an ample and convenient supply of running water providedor supplied through an adequate number of outlets. The Water supply shall be adequate and of a safe sanitary quality approved by the health officer. SEC. 1-27. SURFACES,_ EQUIPMENT& UTENSILS TO COME IN CONTACT WITH FOOD. A. Surfaces. The surface of all equipment and utensils with which food comes in contact shall be of smooth, seamless and not readily corrodable material and such surface shall be kept in good repair, free of breaks, corrosion, open seams, cracks and chipped places. B. Equipment, utensils. All equipment and utensils with which food comes in contact with shall be kept clean and sterilized in accordance with the State Sterilization Law, H.B. No. 495. SEC. 1-28. STORAGE OF UTENSILS& CONTAINERS. All utensils or containers shall be stored at a height of at least six (6) inches above the floor to prevent contamination from dust, drip, droplet infection, splash, or other means,' :'and to allow sufficient cleaning of the floor underneath. Containers and utensils shall not be handled by the surface which comes into contaact with food or drink:. Paper cups, ;.plates, straws and other single service containers or : utensiis shall be purchased in sanitary containers and stored in a clean dry place until used, provided also, , that all single service utensils or containers shall be dispensed from dispensers for that specific purpose. SEC. 1-29. DISPOSAL& STORAGE, REMOVAL OF LIQUID CLEANING". FOOD WASTE. All liquid waste wsulting from the cleaning, rinsing or sterilizing of ut 'i l s and floors from flush toilets, from lavatories, and from other operations connected with maintaining a restaurant or other food establishment shall rr be disposed of in a public sewer or in the absence of a public sewer by a method approved by the health officer . All garbage, - scraps of meat, offal , bones or discarded organic matter,;:;: animal or vegetable matter, slop or refuse of any character shall be immediately deposited in a sealed sturdy plastic" bag and kept in a closed container which can be easily cleaned. Containers or receptacles shall be kept covered with - ° tight-fitting lids pending removal . All garbage, trash , and other waste material shall be removed from the premises as often as necessary to prevent nuisance and unsightliness. All refuse wither animal or vegetable, shall be removed from the room without delay. All garbage ^ . receptacles shall be washed frequently and disinfected to prevent nuisance. ' ` 88�_OF PERISHABLE FOODI MAINTENANCE, All readily perishable food or drink shall be kept at a temperature a+ ' forty-five (45) degrees Fahrenheit or below or one hundred forty ( 140) degrees Fahrenheit or above. This shall, include cream-filled pastries. Each re-Frigerator, z'icebox or cold storage room used the prupose of any such business shall be well constructed and drained tight ,and secure and shall be kept reasonably dry on the inside An8 free +rom. +oul odors, mold and slime, and shall be at41`1' times well supplied with ice or other refrigeration.' Each Such refrigerator or icebox shall be scoured with."so'day alkali or lye and hot water at least once --e.~y ~.'. mbro -often if necessary to xeepsame wholesome and ,, *=*, r,um odors. No refuse or tainted or decayed meat, `fis substance shall be kept in any such refrigerator or' icebox or cold storage compartment' Unpackaged meats and fish shall not be kept in the same compartment with butter or milk or any other bottled drinks. Each such icebox or refrigerator must have a thrmometer and be maintained axt^ a temperature of forty-five (45) degrees Fahrenheit or' '`1ess and each such icebox or refrigerator storage room -must have proper circulation and same be provided by '+ans" or other suitable means approved by the A 11 icebox or refrigerator drains shall drain into a"<properly constructed water-supplied basin or hopper., properly., trapped in accordance with City Plumbing SEC. 1-31. UNWHOLESOMEj_ UNCLEAN FOOD. A. No person" who owns, manages or is in charge a+ any such business herein--be-Fare mentioned or referred to shall have or permit to be kept or used at any time in or about any room or place,..'�or vehicle used in connection with Such business or le�'posed or offered -For sale, sell , prepare, deliver or ser-'ye to any person in any part of the City of Wyliev Texat.,1 n y m e a t poultry, eggs, or other meat, food product or any�Lfish or oysters or any foodstuff of any animal nat any fruity vegetable or other thing or substance ordin"A"riily used for human food which is delivered diseased, de6omoosed or decaying or otherwise unwholesome or unclean or .which contains any drug, preservative or adulterant or, nLo person who owns, manages or is in charge of any such b USi ness or place shall expose for sale, offer for sale, prepare, . deliver or serve to any other person an�, foodstuff or permit same to be done without first examining same to see, .whether same is fresh and wholesome for food, provided that-.,-;,*th'e foregoing shall not be deemed to require the examination of foods enclosed in any original package and sold or 'delivered unopened, except when exterior of package indicates spoilage. `IN B. It shall be unlaWul for any person to keep, sell expose- sale for or to have in his possession with intent to sell r any food or drink that is not thoroughly protected from r exposure to flies, dust, dirt, filth, vermin, sputum or other excretion from mouth or nose coming into contact with- _ or being infected or infected upon any such product All food and drink shall be stored in a manner as to prevent handling of any foodstuff by any person other than the persons selling or offering same for sale other than food securely wr | packaged, canned or bottled. Food and drink except re fruit, vegetables or melons must be stored in tightly fitted glass cases or in a manner s may be approved b e health officer. Evidence of the presence of rodents, roaches, ants or vermin and insects shall be considered violating this provision. 4, !<< r SEC. 1-32. SERVING OF CRACKED ICES SLICED BUTTER'. COOLING QF BOTTLED BEV AGESL STORAGE OF FOOD WITH ICE,. ICE CREAM. A. Serving O' .-*tacked ice and sliced butter shall not be by direct contat=;' With fingers or hands. A scoop shall be used to transfer i:ce",used in cooling drinks from its place of storage . to Container used for. serving drinks. A fork or other. 'a '}a H pprovec� 0mplement shall be used for the transfer of butter or ofeomargarine from its place of storage to any dish or other receptacle used for the purpose of serving. Ice for cooling" drinks shall be stored in such a manner as not to come 'i`rj :contact with any substance of any kind or nature, liquid or solid other than container used for storage ands s1%al.l be protected from any drip or drainage of � vti any liquid ' b,ia0y`' nature. Nothing shall be stored in same container it l0h ice for cooling drinks is stored. F,, . ,, B. Bottled mi;ik "and other beverages bottled in the same manner as milie' or which are contained in nonleakproof containers "shall not be submerged in water for the purpose of cooling. 'Milk bottled in paper cartons may be stored only in dry box'. C. No foodstuffs or utensils or anything else shall be stored in the same cabinet with bulk ice cream unless such foodstuffs, utensi"ls or anything else be entirely separated from ice creat nd -ice container by a solid partition. SEC. °-1-33, t QQ"OF FLOOR CLEANING. Dustless methdds of floor cleaning shall be used by the use of proper 41WeeAng, compound." and all except emergency floor cleaning shay Ede ,done during those periods when the least amount of ; f Od f s ex posed,;,such as after closing or between meals. Sa.O oe`.., sweeping ,compound may not be used as a subs ttut* t 4 the floor . Although sawdust or sweeping c.ompl and a . -ed, i t,rwi"l l not be allowed to remain on the4Ibo {` geC�t 1• "34. k a h '`SPECIFIL+(,}.� IONS. ,f L • A. 'All f;o. ■ dlers shall * be clean and shall wear clean 0:othi,n4 wh dn.;duty in'. or around a food establishment. Each time "fa Mandl ers l eaVe" a toilet or urinal or dressing room ""or imme• 'at4y before going on duty after any absence, he or she' mla*t :thoroughly wash hands in warm, soapy water, rinse ' in cl a water and dry hands on a clean, individual towel Han8s,,:�►nd ` fingernails of all food handlers shall be scrupulously clean and shall look clean. B. Every employee 'or other person while engaged in cooking , preparing, ' handl"ing or serving of foodstuffs shall at all times' wear a hair ;net, cap or device to confine the hair. C. No employee or other person shall use tobacco in any form while engagel in the cooking, preparing, handling or serving of foodstuff'. D. No employee or other person shall sit or lie upon any rr table, refrigerator, show case, counter, shelf , or any equipment intended or designed to hold or carry or store or prep re or `sere food or drink. E. `Upon failure' of any person maintaining or operation an itinerant restaurant after warning, to comply with any of these requirements, it shall be the duty of the health officer to sirar.ily forbid the further sale or serving of food therin. , Any person continuing to sell or serve food after - being sb forbidden, shall be subject to the penalties for the violation of this chapter. 0 SEC. 1-35. SPECIFICATIONS FOR WAGONS, VEHICLES USED FOR PEDDLING FOOD. All wagons, vehicles, and carts used for peddling food in any form and =all the contents thereof shall always be kept in a wholesome and sanitary condition, and no person owning , using, or driving such wagon or vehicle, or any person peddling food in any form who is afoot, shall not permit same to contain any unwholesome, fermenting or decaying fruit, vegetables, or other food or food products; and the contents of each such wagon, vehicle or other container shall be securely covered and protected from flies, insects and dirt by Clean : and sound wire screens of not less than fourteen (14),.: eshes to the inch or by some other means approved by tke'• health officer. All such food and vegetable peddlers by? wagon or otherwise shall not sell any merchandisef-r .ary'-descri ption on the streets of Wylie, Texsas, witho fLrst having obtained a permit as required > : , by the var oIf -firthnances 'of the City of Wylie, Texas, pertaining )C'C�' particular type of commodity sought to be peddled SEC. 1-36.` g EAT PRODUCTS RULES,_ REGULATIONS OF STATE HEALTHE COMMISSIONER ADOPTED BY REFERENCE. The rules and regulations and standards for the inspection of meat, meat,: roducts and meat food products, promulgated by the Commnisi ones of Health of the State of Texas, under authority 44A 4418d, Vernon' s Annotated Civil Statutes, as 4 ,¢ proved by the state board of health, as authorized bye article 4476-3, Vernon's Annotated Civil Statutes, dated April , 1959, as amended by amendments dated December 14, : ig59, and all future amendments made thereto, are hereby in ;all things adopted and made a part of this chapter as if` set forth in full herein, and the provisions, standards, rules and regulations contained therein are made mandatory• requi..eements for the inspection and labeling of meat and me; 1:0d; products produced, sold or offered for sale within lmits of he city with the "Texas State Approved Mea r 'Human Foodabel thereon. Any establishment,- desiring to sell or offer for sale meat , meat products ` and �--meat food products in the city containing thereon the "Teias'`State Approved Meat for Human Food" label on such meat;<smeat products and meat food products shall be governed by ' the specifications and regulations promulgated by the comminssioner of health as approved by the state board of health adopted herein, and all requirements specified therein shall be complied with. SEC. 1-37. MEAT MUST BE STAMPED All meat or meat food products used for food or sold for food in the cltFy `must carrythe stampof approval of the health officer,. the state department of health, the United States Government or a municipal government which is recognize#by the health officer. SEC. 1-38 DISEASED ANIMALS NOT TO BE BROUGHT INTO CITY. rr No person shall bring within the city, or offer or expose for sale, or sell .within the city, any such sick or diseased animal commonlij used for food purposes, or any part of the fresh of art • tanimal , which when killed, was sick or diseased, ory " ,: itdied a natural or accidental death. SEC. l'-39=0 MOOZED POSSESSION OR USE OF INSPECTION MARKS BRANDS' T _ xG It shall be unlawf ul for any person except inspectors of the health department to have in possession, keep or use any mark, ,stamp or brand provided or used for marking, stamping 1749 . or branding as inspected and passed, any article requirec - be marked, stamped or branded by this article, or any ma- stamp or brand having thereon a device or words similar character or import to the marks, stamps or brands prov| .. . or used for such pruposes by the health department . SEC. 1-40. STORAGE IN-HOTELS. -CAFES. -SHOPS, ETC. All meats stored or kept by any butcher shop, hotel restaurant, or other place where meat is kept for sale or L ` be served shall be stored in such way so that the handlin~ thereof will not conflict with any provision of th � article, and shall be covered or protected so as to keep t ^ same free from contamination by flies, dust, filth� excessive heat or other agencies that tend to make me^ . unwholesome or unfit for food. ~ SEC. 1-41, INSPECTION_OF_DAIRIES AND MILK PLANTS� GRADING AND LABELING GENERALLY. - - - ` The city health officer shall inspect the equipment a,`'i sanitation of the dairies and milk plants and grade the mj � | according to the provision of article 165-3 of Vernon ' ' Annotated Civil Statutes, and all amendments thereto, / .' accordance with the rules and regulations promulgated by ch. , ' state health officer pursuant thereto. The grading ar''-! labeling of milk and milk products sold and offered for son . within the city according to definition (P) , Section 1 c � said Senate Bill 83, for grades "A, " "B, " "C: and "D" milk and milk products, and definition (Q) for grades "A " "B" and "C" pasteurized milk and milk products, is here` / made mandatory. These specifications are on file with L�'e city secretary for public examination. 9E9,1142 SEVERABILITY It is hereby declared to be the intention of the City Council that the sections, paragraph, sentences, clauses, and phrases of this ordinance are severable and if any phrase, clause, sentence or section of this ordinance sha , l be declared unconstitutional or invalid by any judgemert o' decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any nth-. remaining phrase, clause, sentence paragraph or sectinn of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it he -; known the affected parts would be held unconstitutional ' SEC. 1-43 PUBLICATION The caption of this ordinance shall be published one time a newspaper of general distribution in the City of Wylie. SEC. 1-44 EFFECTIVE DATE This ordinance sha become effective upon its publication in a newspaper of gi''heral circulation. r PASSED AND APPROVED BY THE CITY COUNCIL OF WYLIE, TEXAS THIS THE DAY OF 1985. ` - John W. Akin, Mayor ATTEST: __________ ____ a r Carolyn Jones, City Secret -y-- ORDINANCE NO. AN ORDINANCE TO AMEND ORDINANCE NO. 83-18 WHICH ESTABLISHES RULES AND REGULATIONS FOR MOBILE HOME PARKS AND/OR MOBILE HOME SUBDIVISIONS WITHIN THE CORPORATE LIMITS OF THE CITY OF WYLIE , A HOME RULE POLITICAL SUBDIVISION OF THE STATE OF TEXAS ; PROVIDING FOR THE REMOVAL OF SECTION 7 .08c ; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS , The City Council of the City of Wylie has determined a need to remove a certain section from Ordinance No . 83-18 ; THEREFORE, the following section will hereinafter be removed from Ordinance No . 83-18 . SECTION 7 .08 REFUSE HANDLING c . Refuse collection stands shall be provided for all refuse containers . Such container stands shall be so designed as to prevent containers from being tipped to minimize spillings and container deterioration and to facilitate cleaning around them. SEVERABILITY : If any section , sub-section , paragraph , sentence , phrase or clause of this ordinance shall be declared invalid for any reason whatsoever , such decision shall not affect the remaining portions of this ordinance which shall remain in full force and effect ; and to this end the provisions of this ordinance are hereby declared to be severable. All provisions of any ordinance in conflict herewith are hereby repealed so far only as it affects only that portion described herein . THIS ORDINANCE SHALL BECOME EFFECTIVE UPON PASSAGE AND APPROVAL OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS . PASSED AND APPROVED ON THIS THE DAY OF DECEMBER , 1985 . John W. Akin , Mayor ATTEST : Carolyn Jones , City Secretary_ 4/2 r Z ucr 1 o�w ItcvtlruC tat HF LNb to '1J. FUND RANGE-...: . 10 -- 6 Cl !lULlit I YEAR 1985 x' 1981 198E ' 96a3 f 4 's a •' .' t >,:.f>''s a>t,.,l1 s .�.•84 »'` ,,iq a :. r Tom"' z " • ACCT NAME EXPENDED EXPENDED EXPENDED t � � z1985 6 BUDGET DEPT HEAD INC CITY 'M •GER,- COUNCIL ._OFF I CE—SURPL I ES 0_00 0-00 a: . > 2°t- 00 03810 ASPHALT K , ... ` • 03820 CONCRETE 0.00 •0.00 0i 0. 0 S00 4i:' 9 1 CONCRETE 1� @.��00 /0.iyy�0yy d z: *^ " ��•00 1 t it " 03840 GRAVEL/ROCK •• ` • !II 0. 00 �.: a �. 00 � i,250.130 ' 12 CI IDDI TCQ • ,. t. IP• 14 €f • •• s$ d c' '04410 MACHINERY & TOOLS 0.00 K y • .'H►l.66f1 AI/TAMAQTI 6+ .. .y,r- ' .:, :. {.i.` r •�3. r 14 Y a s e' < b ' 4 04550 LT. /MED. DUTY TRUCKS 0.00 0. 00 22 439. } ~ ' 04710 COMMUNICATION EQUIPMENT + 00 22, 439. 00 4 is 0. 00 , 55. 00 - 0 0® 3, 353.07 3 3 I e s Y 04ZS0 DnTn PROCESSING EQUIPMENT 0,.@0 @w 6,20@.00 ift IS2 48 @OFFICE EQUIPMENT 0 : �yy{ �# .' .h' a :. k y`��,0i� ,� G 1, 110 0.0_. :. . .i15i! 5 IP A ':e. A. 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R • K II l . , .r..as�. ,t:r.: y `a,-.403^.,,`.. :'..r. s:;a abe 's>a e7 ,,S,; :c v� --_ ' >, R c M ys :,a a L r • J.r 1..6 3 ..... .,. , q • Y 8� �: :- r " xo. : 336 : A , .>f _�::< ex: ....1 x d . � k.,Mi> �: _S�i . .. -4;::.. , -:.,.r ® FIELD ORDER FORM .1 nnovative 3963 BELTLINE ROAD DALLAS, TX 75244 ,J OFFICE SYSTEMS,INC. (214) 788-0350 No 15663 NEW CUSTOMER. SOLD TO CUSTOMER _ SHIP TO CUSTOMER _ F C— ' Cy N. /f2. ( OM Lig/110 Ulk 4/14(A/t ID--- -''' e7.. ; , & ,., o2�c 7So9$ PHO /) , 4 CONTACT 05 1 /T / 7 A S. PHONE CONTACT +7b/ vvv • ❑ COD RDER TO BE FILLED ORDER DELIVERED CREDIT❑ ❑ MEMO EQUIPMENT IMI=1 ❑ LOANER, SALES ❑ LOANER EQUIPMENT SERVICE IK : ❑ PERMANENT ❑ LOAN R ALES ❑ SERVICE LOANER II, DELIVERY: ❑ FRT.COD ❑• FRT.EST,..,&ADD TO COUPON BOOK ❑ FRT.INVOICED WITH SHIPMENT ORDER - PURCHASE DISTRIBUTION TAX EXEMPT SHIPPING SELLING REP. REQUIRED DATE SHIP VIA ORDER NUMBER CODE OVERRIDE CODE BRANCH BRANCH NUMBER DATE 1Y1 FF _ (so 10 /c P QUANTITY PRODUCT NO. NO.OF UNIT COUPONS DESCRIPTION TOTAL PRICE ,72-412L01-ars.r2... 1&I N P—isc CAAoI .. IWZ-(l`leW) a2613°° lef, Coi,i- . ..' . (plea)) ( _ `CA4/d Eto! i 1 Glefte444 - „ •, , . Rkefriscl{� i lEA . ems-�, 1 / C��o,J ( A _ CA- - \ • TAX EXEMPT NUMBER, IF APPLICAB E TAX - rCOMMENTS: 4fr '•C FREIGHT •,_ CUSTOMER SIGNATURE TOTAL CUSTOMER NAME TITLE This coupon book Is offered in order to allow a quantity price and provide price protection.It Is not transferable and Is good only for articles specified upon presentation at place of Issue.We reserve the right to withhold delivery of merchandise If payment has not been received covering same.All rights under these coupons shall terminate eighteen(11I)months from dab of purchase.This Is a firm,non-cancellable order and the above shall constitute the sole terms and conditions of this order.No other agreements,verb%or written,shall be binding on the purchaser or seller.This order may not be modified or waived except In writing signed by a IOS officer.This order Is subject to acceptance at the home office of Innovative Office Systems,Inc. ACCEPTED BY: TITLE Terms and Conditions On Reverse Side White—Invoicing Office Copy Canary—Customer Copy Pink—Branch Copy Goldenrod—Representative's Copy 4 , . . 1 1 ., nnovative ,jl SYSTEMS, INC. EQUIPMENT LEASE LEASING DIVISION 3963 BELT LINE ROAD DALLAS, TEXAS 75234 Lease No. (214) 788.0350 LESSEE INNOVATIVE LEASING NAME IbAei NAME A DIVISION OF INNOVATIVE OFFICE SYSTEMS, INC. ADDRESS ii (PVAIIC-L,BM/zy/J� ADDRESS CITYOki .L. COUNTY CITY STATE TEXAS ZIP STATE V ZIP Tj[ '�y A //�� p ATTENTION: PHONE: 1. LEASE AGREEMENT. Lessor hereby leases to Lessee, and Lessee hereby Ie from Lessor, the personal property described below, together with attachments and accessories, all hereinafter referred to as "equipment", upon the terms and conditions set forth in this Equipment Lease, hereinafter referred to as "lease". QUANTITY PRICE DESCRIPTION OF EQUIPMENT LEASED—MAKE&TYPE,MODEL NO.,SERIAL NO. kpt csZ613- eAritld 410-1ss co ,Ek al cm. Fm I EAce/ CA-6 Rick" l EA . Ciao 6►,r-A,c " 'r /Kr1, '�c. I eA ,G -- -� (e.[ t /., a C.rss�l`-� azh I3 CD TOTAL EQUIPMENT LOCATION,IF OTHER THAT LESSEE'S ADDRESS ABOVE ADDRESS CITY COUNTY STATE 2. TERM AND RENT. This Lease shall have a term of .34 months commencing 1 q and ending 19 . As rental for the equipment, Lessee hereby agrees to pay to Lessor the sum of $ per month plus applicable tax on rent, beginning on the above commencement date,.and ,.1 same amount on the same day of each consecutive month thereafter for the term of this Lease, provided that th .nd last monthly payment(s) totaling $ /0.1 shall be paid at the time of the signing of this - e. The RENEWAL RENTAL shall be $ per year payable in advance. This Lease cannot be cancelled or terminated except as expressly provided herein. All rent and other sums payable by Lessee to lessor shall be paid to Lessor at Its address specified above or as Lessor may hereafter direct. Lessee agrees that on each rental payment which is not fully paid within ten (10) days after it is due, Lessor may collect a late rental charge in an amount equal to five percent (5%) of the rental payment. 3. NO WARRANTIES BY LESSOR. THE EQUIPMENT IS LEASED "AS IS". LESSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICU1AR PURPOSE IN CONNECTION WITH THIS LEASE and all warranties made by the Supplier to Lessor, if any. are hereby assigned to Lessee for the lease term. TS 4. INSTALLATION, MAINTENANCE, INSPECTION, REMOVAL AND RETURN OF EQUIPMENT. Lessee will be solely responsible for installation and maintenance of the equipment and keeping the equipment in good mechanical condition and running order. All additions, attachments, accessories and repairs made to or placed upon the equipment shall become part of the equipment and shall be the property of Lessor. Lessor shall have the right to enter upon any premises `twhere the equipment is located, to inspect the equipment or to enforce any of Lessor's rights. The equipment shall not be removed from the location specified above without the prior written consent of Lessor. Upon termination of the Lease, the equipment shall be returned at l 's expense to lessor at such place as Lessor may designate in as good a condition as when received, excepting only reasonable wear and tear resulting from proper vse. Such equipment shall be properly crated, shipped freight prepaid and properly insured. S. TITLE TO EQUIPMENT. Ownership of the equipment shall at all time remain in Lessor. The equipment is and shall remain personal property whether or not affixed to realty. Lessor shall have the right to display notice of its ownership of the equipment by affixing to each item of equipment an indicia of owner ship. The undersigned agrees to all the terms and conditions set forth above and on the reverse side hereof and acknowledges receipt of a copy of this Lease. I hereby authorizes Lessor to issue a confirming purchase order(s) for the equipment described above. Accepted on: , 19 Dated . 19 INNOVATIVE LEASING A DIVISION OF INNOVATIVE OFFICE SYSTEMS,INC. (lessor) `n JJJ 1I lb (le I � A By By Its C!f /h4-14 GLIB AVMs (if cor oration,ha signed by President or Vice President and give official title. If O er or Partner,state which) WHITE—LESSOR'S COPY CANARY—LESSEES COPY PINK—FILE COPY GOLDENROD—LESSEE'S MEMO COPY (Continued on reverse side hereof) ITo be%tarn.0 by Laff*•1 Tirna of 9 ,Ai OFFICE SYSTEMSnnovative INC. EQUIPMENT LEASE LEASING DIVISION 3963 BELT LINE ROAD DALLAS, TEXAS 75234 (214) 788.0350 Lease No. LESSEE INNOVATIVE LEASING NAME C id It NAME A DIVISION OF INNOVATIVE OFFICE SYSTEMS,INC. ADDRESS i A j:, II. ,�(P '�.�l1RKS-�4y�akeRf�( 1 ADDRESS CITY 1 P_ COUNTY �) CITY STATE TEXAS ZIP STATE / x ZIP SOQ 2 ATTENTION: 1— 1 / _ PHONE: 1. LEASE AGREEMENT. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the personal property described below, together with attachments and accessories, all hereinafter referred to as "equipment", upon the terms and conditions set forth in this Equipment Lease, hereinafter referred to as "Lease". QUANTITY PRICE DESCRIPTION OF EQUIPMENT LEASED—MAKE 8 TYPE,MODEL NO.,SERIAL NO. I EA- a 137C4h4 kte--Iss Cot4A. hi /42114i r s 1 1ik 1 Eh L Lam: ,.! .114,C'ks3 D� i 3j TOTAL EQUIPMENT LOCATI N,1 OTHER THAT LESSEE'S ADDRESS ABOVE ADDRESS CITY COUNTY STATE 2. TERM AND RENT. This Lease shall have a term of 36 .months commencing 19 and ending 19 . As rental for the equipment, lessee hereby agrees to pay to Lessor the sum of $ per month plus applicable tax on rent, beginning on the above commencement date„and ae same amount on the same day of each consecutive month., hereafter for the term of this Lease, provided that thdip and last monthly payment(s) totaling $ R3 S shall be paid at the time of the signing of this ase. The RENEWAL RENTAL shall be $ per year payable in advance. This Lease cannot be cancelled or terminated except as expressly provided herein. All rent and other sums payable by Lessee to lessor shall be paid to Lessor at its address specified above or as Lessor may hereafter direct. Lessee agrees that on each rental payment which is not fully paid within ten (10) days after it is due, Lessor may collect a late rental charge in an amount equal to five percent (5%) of the rental payment. 3. NO WARRANTIES BY LESSOR. THE EQUIPMENT IS LEASED "AS IS". LESSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES Of MERCHANTABILITY OR FITNESS FOR A PARTICULXIN,PURPOSE IN CONNECTION WITH THIS LEASE and all warranties made by the Supplier to Lessor, if any, are hereby assigned to Lessee for the lease term. 4. INSTALLATION, MAINTENANCE, INSPECTION, REMOVAL AND RETURN OF EQUIPMENT. Lessee will be solely responsible for installation and maintenance of the equipment and keeping the equipment In good mechanical condition and running order. All additions, attachments, accessories and repairs made to or laced upon the equipment shall become part of the equipment and shall be the property of Lessor. Lessor shall have the right to enter upon any premises here the equipment is located, to inspect the equipment or to enforce any of Lessor's rights. The equipment shall not be removed from the location specified above without the prior written consent of Lessor. Upon termination of the Lease, the equipment shall be returned at Lessee's expense to Lessor at such place as Lessor may designate in as good a condition as when received, excepting only reasonable wear and tear resulting from proper use. Such equipment shall be properly crated, shipped freight prepaid and properly insured. 5. TITLE TO EQUIPMENT. Ownership of the equipment shall at all time remain in Lessor. The equipment is and shall remain personal property whether or not affixed to realty. Lessor shall have the right to display notice of its ownership of the equipment by affixing to each item of equipment an indicia of owner- ship. The undersigned agrees to all the terms and conditions set forth above and on the reverse side hereof and acknowledges receipt of a copy of this Lease. L hereby authorizes Lessor to issue a confirming purchase order(s) for the equipment described above. Accepted on: , 19 Dated , 19 INNOVATIVE LEASING ^ /' A DIVISION OF INNOVATIVE OFFICE SYSTEMS,INC. (Lessor) ` UI f t (le ) By Its /11Ad Q� "5 !"/�/l°RS (if co ration,h( igned by President or Vice President and give offic title. IfOrder or Partner,state which) WHITE—LESSOR'S COPY CANARY—LESSEES COPY PINK—FILE COPYiOLDENROD—LESSEES MEMO COPY (Continued on reverse side hereof) Ito M r►r.un.e by Lessen el Time or 90nmpl ® FIELD ORDER FORM renovative 3963 BELTLINE ROAD .,II OFFICE SYSTEMS, INC. DALLAS, 75244 (214) 788-0350 No 15664 NEW CUSTOMERRr SOLD TO CUSTOMER SHIP TO CUSTOMER d i jtu.QP� cl� -F� r. e ,e�1 II ra- a?C /Soli PHON 7.(fx 0.0 3 4 CONTACT 'U$ fffs PHONE CONTACT ❑ COD', IZORDER TO BE FILLED ❑ ORDER DELIVERED ❑ CREDIT MEMO EQUIPMENT lin:=1 ❑ LOANER ❑ LO NERE EOPIICIKUPNT ❑ PERMANENT ❑ LOANER ❑ LOANER DELIVERY: ❑ FRT.COD ❑ FRT.EST.a ADD TO COUPON BOOK ❑ FRT.INVOICED WITH SHIPMENT ORDER PURCHASE DISTRIBUTION • TAX EXEMPT SHIPPING SELLING REP. j REQUIRED DATE SHIP VIA ORDER NUMBER CODE OVERRIDE CODE BRANCH BRANCH NUMBER DATE in FF _ ( -Q jo jo QUANTITY PRODUCT NO. NO.OF UNIT COUPONS DESCRIPTION TOTAL PRICE � .o�. Al Of 14P—"OS ,F .. (gE 37 if aIl&I‘fi41- - /EA C,t-Ida•( s J_ J4e - 1.- . am,, 8c (7- i TAX EXEMPT NUMBER, IF APPLICABLE TAX COMMENTS: FREIGHT, "4`7 CUSTOMER SIGNATURE TOTAL / CUSTOMER NAME TITLE This coupon book Is offered In order to allow a quantity price and provide price protection.N is not transferable and Is good only for articles specified upon presentation at place of issue.We reserve the right to withhold delivery of merchandise If payment has not been received covering same.All rights under these coupons shall terminate eighteen(1 ft)months from date of purchase.This Is a firm,non-cancellable order and the above shall constitute the sole terms and conditions of this order.No other agreements,verble or written,shall be binding on the purchaser or seller.This order may not be modified or waived except In writing signed by a IOS officer.This order Is subject to acceptance at the home office of Innovative Office Systems,Inc. ACCEPTED BY: TITLE Terms and Conditions On Reverse Side White—Invoicing Office Copy Canary—Customer Copy Pink—Branch Copy Goldenrod—Representatives Copy — -- 171f . TO : CITY COUNCIL FROM: THE BUILDING COMMITTEE DATE : DECEMBER 6 , 1985 SUBJECT : NEW MUNICIPAL COMPLEX We , the members of the City Hall Building Committe , a sub- committee of the whole Council , do hereby recommend for consideration , to the Council as a whole , the bid submitted by Speed Fab-Crete , Inc . of Ft . Worth , Texas to construct a building of approxiately 30 ,000 square feet . The estimated price of the building alone is approximately $1 . 1 million . We would further suggest that the following stipulations or clarifications to the bid award be made : 1 . That the contract include a completion date for the construction of the building and the inclusion of a penalty provision for non-completion on that date . 2 . That the contract specifications include roof top curb units . 3 . That the contract include specifications for an improved roof above those specifications in the bid documents . 4 . That the Building Committee be provided with a choice of materials and textures for the exterior surfaces of the tilt wall panels so that they nay select from one of those provided . 5 . That the Building Committee he provided with samples of all alternative elevations that they might select from a variety . 6 . That the contract provide for the services and comments of a jail standards design consultant . 7 . That the contractor will install the jail bars and toilet facilities within the jail section . 8 . That the whole building be sprinklered to provide for automatic fire protection . 9 . That efforts be made to investigate the cost effectiveness of increasing the free span area by ten ( 10) feet in order to dimenish the open plaza slightly and increase usable floor space . 10 . Provide for butane and/or natural gas heating . It is understood by the Building Committee that these recommendations may` have an effect upon the final price ; however , it is the opinion of the Building Committee that these considerations should be r.iade ?art of the actual contract for construction entered into by the builder and the selected construction company . Don Hughes , yor Pro Tem Chairman , Building Committee DH : bl