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03-11-1986 (City Council) Agenda Packet L,,r4 _ 1 AGENDI; SUMMARY TUESDAY, M4RCH 11 , 1986 ITEM NO. 1 - APPROVAL OF MINUTES - No additions or corrections . ITEM NO. 2 - APPROVAL OF .IAYORS PLAQUE - This plaque will hang in the new City Hall with names and dates of service for each Mayor of the City of Wylie since incorporation . There will be a place to add the names of those who will serve in that office in the years to come . The City Secretary is checking ,on prides . ITEM NO. 3 - AUTHORIZATION TO RESTORE OLD RECORD AND MINUTES BOOKS - These old ,record , books , if preserved can be displayed in a glass case in the new City Hall . The City Secretary is checking on p `ices and methods of restoration and preservation for these old documents . ITEM NO. 4 - FINAL PUBLIC HEARING ON ANNEXATION OF 62 ACRES ON HOOPER ROAD - This property is described as 62 . 3 acres out of the R . D . Newman Survey , Collin County Abstract 660 and is located on the southside of Hooper Road , east of S . SH78 . This hearing will satisfy the public hearing requirement of the State of Texas . This is one of the Louis Reese tracts included in theGTRO from Sachse and we will not be able to complete this annexation until that matter is resolved either in court og by negotiation ; however , by holding the required public hearings now , we can be ready to take that final action , when that resolution is made , if it is made in our favor . ITEM NOS . 5-12 - FINAL PUBLIC HEARINGS ON LAKE ANNEXATION NOS . 12-19 - This is! the final public hearing on this next round of lake annexations before making this property a part of the corporate limits , of the City of Wylie . ITEM NO. 13 - FIRST PUBLIC ; HEARING ON ANNEXATION OF 190 ACRES ON MCCREARY ROAD - This property is described as 190 . 013 acres out of the C . A . McMillan Survey , Collin County Abstract 588 ; the Mose Sparks Survey , Collin County Abstract 849 and the J . Maxwell Survey , Collin County Abstract 582 . It is, located north of W. FM544 and west of the extension of McCreary Road . It lies on the west side of the line that has been proposed as the mutual boundary line between Murphy and Wylie . The petitioner is aware of this fact but still has a, strong desire to he in Wylie . He has petitioned for annexation and we are obligated to hear his petition . We understand the desires of these people for water and sewer service from Wylie ; however , we strongly suspect , zoning plays a large part in their desire to be a part of Wylie rather than Murphy . ITEM NO. 14 - FIRST PUBLIC HEARING ON ANNEXATION OF 45 ACRES ON MCCREARY ROAD - This property is described as 45 . 763 acres out of the Mose Sparks Survey , Collin County Abstract 849 and is located north of W . FM544 and east of the extension of McCreary' Road . It lies directly south of and adjacent to Southfork Mobile Home Park . It is in fact , in the process of being purchased by Mr . Holigan , the owner of the Southfork Mobile Home Park . This property is not in dispute where Murphy is concerned . ITEM NO. 15 - FIRST PUBLIC HEARING ON ANNEXATION OF 125 ACRES KNOWN AS SOUTHFORK MOBILE HOME PARK - This property is described as 125 acres out of, the J . Mitchell Survey , Collin County Abstract 589 and is known as the Southfork Mobile Home Park . The owner , Mr . Holigan , actually applied for annexation many months ago as a condition of the services being provided by the City of Wylie . He has complied with the City ' s Mobile Home Park O'rdinance in the construction of 1 • his park and is participating in the perimeter street program , in accordance with the City ' s established policies . ITEM NO . 16 — FIRST PUBLIC HEARING ON ANNEXATION OF 20 ACRES ON HOOPER ROAD — This property is described as 9 . 055 acres and 10 . 0657 acres out of the R . D . Newman Survey , Collin County Abstract 660 ; the H . J . Hardin Survey , Collin County Abstract 438 and the I . Clifton Survey , Collin County Abstract 193 . It is located on the northeast corner of Hooper and Hensley Roads . The petitioner , Mr . Wayne Rich , requested annexation some months ago but was not then contiguous to our city limits . The Dingban Wang property provides that contiguity ; hOiever , with that property now in dispute by virtue of the TRO from Sachse , we can proceed only with the public hearings on this property until that matter is resolved . ITEM NO. 17 — FIRST PUBLIC HEARING ON ANNEXATION OF 9 ACRES ON HENSLEY ROAD — This property is described as 9 . 4 acres out of the I . Clifton Survey , Collin County Abstract 193 ; the H . J . Hardin Survey , Collin County Abstract 438 and the R . D . Newman Survey , Collin County Abstract 660 . It is located on Hensley Road . The petitioner , Martha Oliver , requested annexation many months ago , but like the property described above , was not contiguous . The same situation exists for this property as for that described above . ITEM NO. 18 — FIRST PUBLIC HEARING ON ANNEXATION OF 117 ACRES ON FM544 — This property is described as 117 . 1 acres out of the Nathaniel Att',erberry Survey , Collin County Abstract 6 located on the extension of FM544 from the intersection of Vinson Road:. It is located in the tri— county area . ITEM NO. 19 — APPROVAL OF ZONING ORDINANCE AMENDMENT — This amendment is more a matter.' of housekeeping rather than any sweeping change in the zoning ordinance . ITEM NO . 20 — APPROVAL OF "SEARCH WARRANT" ORDINANCE — This ordinance is being presented due to the fact that although we have written into various ordinances , the right of entry , this type of ordinance has been declared illegal by the Supreme Court . State law provides for search warrants for fire marshalls , police officers and other certified law enforcement officers . However , there is no provision in State law for an administrative search warrant , therefore when administrative officers are forbidden the right of entry the officer must leave the premises and obtain a search warrant such as is priovided for by this ordinance . ITEM NO. 21 — PRESENTATION BY REPRESENTATIVE OF TEXAS WATER COMMISSION — Recently , one 1 Mr . Forest John of the Texas Water Commission regional offices in Duncanville called the City Secretary and requested' that he be placed on the agenda in order to come before yo,u and make a presentation . Mr . John gave no indication to the City Secretary what the intended purpose was of his presentation . You should note that Mr . John is a new inspector for that department who has gone out of his way to vocalize in Mr . Windham ' s presence , his fond high admiration for the North Texas Municipal Water District and anything that that entity undertakes . Further , he has been a champion of Mr . DiTota ' s problem and a constant irritation to the City of Wylie demanding reports and records reviews that are not commonplace for cities to file . Nevertheless , we have attempted to get along with this young roan and comply with all of his directives and respond to all of his recuests for information . It appears that he desires to come before you and explain to you how concerned he is about the conditions relative to the temporary lift station that exists near Mr . DiTota ' s residence . It would seem that Mr . John does not believe that we are also concerned . Each of you , I hope , understands the difficulty -that the City has had with this problem and the effort we have made to have the two developers involved get together and get started on the project . Recently , I sent you a copy of a letter which indicates that now we are on the threshold of making the permanent improvement. that will correct the problei . If there is an additional motive to Mr . John ' s presentation , I am not aware of it . ' ITEM NO. 22 - AWARD OF BID FOR TRASH BAGS - The City received two bids for trash bags . The specs asked for bids for quantities of 75„000 bags and 50 , 000 bags . We received bids from Arrow Industries and Adams Industries . After reviewing both bids , the staff recommends the bid from Arrow Industries at $3 , 350. 00 for 50 , 000 bags at a unit price of $3 . 35 per roll which 'we resell at $5 . 00 per roll . . fie CITY OF WYLIE COUNCIL AGENDA ° � � " j ' ! CITY COUNCIL MEETING MINUTES FEBRUARY 25, 1986 7:0O P. M. The Wylie City Council met in regular session on Tuesday, February 25, 1986 at 7: 00 P. M. in the Community Center of Wylie. A quorum was present and notice of the meeting had been posted for the time and in the manner required by law' Mayor John Akin presided. Those present were Mayor John W' Akin, Mayor Pro Tem Hughes, Councilmembers Joe Fulgham, Harold Spence, William Martin and Percy Simmons, City Manager Gus Pappas, City Secretary Carolyn Jones, Public Works Director Bill Windham, Finance Director James Johnson, Brian Chaney, Scott Dorsey of the Wylie News, Mr . B. J . Parrish and Mr . Shelton Cook of Lone Star Gas and other citizens. Councilman Gaston was absent. Mayor Akin called the meeting to order and Councilman martin gave the invocation. APPROVAL gf,NINUIES: There being no corrections or additions to the minutes, Mayor Pro Tem Hughes made a motion to approve as submitted. Seconded by Councilman Martin. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Simmons in favor, Councilman Spence - in favor, Councilman Martin - in favor, and Councilman Fulgham - in favor. This motion carried with all in favor. � ATIO AB This property is all Federal Land and is known as Lake Annexation No. 8. The required public hearings have been held and Planning and Zoning recommends approval . Motion was made by Mayor Pro Tem Hughes to approve and sign annexation order for 754. 34 acres out of the W. Bell Survey. Seconded by Councilman Simmons. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Simmons - in favor, Councilman Spence - in favor , Councilman Martin - in favor, and Councilman Fulgham - in favor . This motion carried with all in favor. ' � APPR TION FOR ABSTRACT`37� This land is all Federal Land and is known as Lake Annexation No. 9. The required public hearings have been held and the Planning and Zoning Commission recommends approval . Motion was made by Councilman Martin to approve and sign annexation ordinance for 262. 34 acres out of the W. Bell Survey. Seconded by ' � ` � � � � � Councilman Fulgham. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Simmons - in favor, Councilman Spence - in favor, Councilman Martin in favor, and Councilman Fulgham in favor This - , - ' s motion carried with all in favor. E ACRES OUT_DF THE BRICE M. STR IRBY SURVEY, DT._R{D}ERTS This is � all Federal Land and is known as Lake Annexation No. 10. � The required public hearings have been held and the Planning and Zoning Commission recommends approval . Motion was made � by Mayor Pro Tem Hughes to approve and sign annexation � � ordinance for 2628. 43 acres out of the Brice m. Carr Survey, . the John Kirby Survey, and T. Roberts Survey. Seconded by | Councilman Spence. The vote was as follows: Mayor Akin - | in favor, Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor, Councilman Spence - in favor, Councilman Martin - in favor, and Councilman Fulgham - in favor. This � � motion carried with all in favor. APPROVAL OF_±-)NNEXATIO � This is all Federal Land and is known as Lake Annexation No. 11 . The required public � � hearings have been held and the Planning and Zoning Commission recommends approval . Motion was made by Councilman Martin to approve and sign annexation ordinance � for 27. 7 acres out of the S. m. Ranier Survey. Seconded by ^| Mayor Pro Tem Hughes The vote was as follows: Mayor Akin� - in favor, Mayor Pro Tem Hughes - in favor, Councilman ` Simmons - in favor, Councilman Spence - in favor, Councilman Martin - in favor, and Councilman Fulgham - in favor . This motion carried with all in favor. N_ANNFOR 1 . 04 ACRES OUT OF THE�-FRA This property is located on E. SH78 and is commonly known as Discount Bait House. The required public hearings have been held and the Planning and Zoning Commission recommends this for annexation. Motion was made by Councilman Fulgham to approve and sign annexation ordinance for 1 . 04 Acres out of the Francisco de la Pina Survey. Seconded by Councilman Martin. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor, Councilman Spence - in favor, Councilman Martin - in favor, and Councilman Fulgham - in favor. This motion carried with all in favor. POUT QE,THE FRANCISCO STRACT_6{88:L This property is located on E. SH 78 and is commonly known as Discount Bait House. The request for zoning was Business 2. The Planning and Zoning Commission vote unanimously to recommend Business 1 zoning for this tract. This property is adjacent to ''Steaks ^ � � � ^ | � ` Over Texas" and the B1 zoning is compatible with surrounding uses. The existing use is within the B1 allowed uses; however, this would be grandfathered in any case. Mayor Akin opened the public hearing, there being no questions or opposition, the public hearing was closed. 9EEEPVE,AhR,5lGN ,JPNING ORDINANC _OUT OF THE A SURVEY� Motion was made by Councilman Fulgham to approve and sign zoning ordinance for 1 . 04 acres out of the Francisco de la Pina Suryey for Business 1 zoning. Seconded by Councilman Simmons. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Simmons - in favor, Councilman Spence - in favor, Councilman Martin - in favor, and Councilman Fulgham - in favor . This motion carried with all in favor. A P P NN CHSE TRACT_{835: This property is located on Hooper Road adjacent to Regency Business Park, south of FM 544. The public hearings have been held and the twenty day waiting period is up. Planning and Zoning recommends this property for annexation. City Manager Gus Pappas said this item would have to be tabled due to a TRO filed by Sachse. Motion was made by Councilman Fulgham to table the signing of the 51 . 531 acres annexation . Seconded by Councilman Spence. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Simmons - in favor, Councilman Spence - in favor, Councilman Martin - in favor, and Councilman Fulgham - in favor . This motion carried with all in favor to table this item. PUBLIC HEARJNG ON THE Z 531 ACRES OUT_[UF _-HE � W]lJ=IAM_S/�]HSE SURVEY T 835z This property is located on the west side of Hooper Road and is adjacent to Regency Business Park and south of W. FM 544. The request for zoning is for agricultural . Mayor Akin opened the public hearing, there being no questions or opposition , the public hearing was closed. Af�q�OVE_ANI}_S]I3� ZONING ORDINANCE FOR 51 ^ 531 ACRES -OUT--OF THE'-WILLIAM--SACHSE SURVEY, ..ABSTRACT_B35L City Manager Gus Pappas said this item would need to be tabled due to a TRO being filed by Sachse. Motion was made by Councilman Spence to table this item because of a TRO. Seconded by Councilman Martin. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Simmons - in favor, Councilman Spence - in favor, Councilman Martin - in favor, and Councilman Fulgham - in favor . This motion carried with all in favor to table this item. APPROVE -ANDSJGN ANNEXATION ORDINANCE 1FOR--100. 287_ACRES_OUT OF.-.THE R^ S ABSTRACT This property is located on S. SH78 south of Century Business Park. This is _� / ' a part of the Lewis Reese property. The required public hearings have been and the 20 day waiting period has been satisfied. City Manager Gus Pappas said this is another item that will need to be tabled due to a TRO filed by Sachse. Motion was made by Councilman Martin to table this item. Seconded by Councilman Fulgham. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Simmons - in favor, Councilman Spence - in favor, Councilman Martin - in favor, and Councilman Fulgham - in favor. This motion carried with all in favor to table. AfEROVE NEXE[DJN_ORD . DF-T�E R^--D. _N�WMAN S CT 660;_ This property is located on S. SH78 south of Century Business Park and is part of the Lewis Reese property. The required public hearings have been held and the 20 day waiting period has been satisfied. City Manager Gus Pappas said this was another item that would need to be tabled due to a TRO being filed by Sachse. Motion was made by Councilman Fulgham to table. Seconded by Councilman Martin. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Simmons - in favor, Councilman Spence - in favor, Councilman Martin - in favor, and Councilman Fulgham - in favor. This motion carried with all in favor to table. APPROVE AND SIGN_ANNEXATJ FDR-5�990'' THE_R. D�_NEWMAN SURVEY, ASS-RACO� This proper'ty- is �------' located on the east side of S. SH78 and south of Century Business Park and is a part of the Lewis Reese property. The required public hearings have been held and the 20 day waiting period has been satisfied. City Manager Gus Pappas said this item would have to be tabled due to a TRO being filed by Sachse. Motion was made by Councilman Spence to table. Seconded by Mayor Pro Tem Hughes. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Simmons - in favor , Councilman Spence - in favor, Councilman Martin - in favor , and Councilman Fulgham - in favor ' This motion carried with all in favor to table. AP S.-DUT.-{}F This property is located east of S. SH78 and south of Century Business Park and is a part of the Lewis Reese property. The required public hearings have been held and the 20 day waiting period has been satisfied. City Manager Gus Pappas said this item would have to be tabled due to a TRO being filed by Sachse. Motion was made by Councilman Martin to table this item' Seconded by Councilman Fulgham. The /vote was as follows: Mayor Akin - in favor, Mayor Pro Tem |Hughes - in favor , Councilman Simmons - in favor, Counctlman Spence - in favor, Councilman Martin - in favor, and Councilman Fulgham - in favor. This motion carried with all in favor. �^ PUBLIC HEARING ON THE ZONING OF 446. 273 ACRES OUT OF THE R. D. NEWMAN SURVEY,.._.ABSTRACT_..L6.,ti.9_...__THE H. J_ HtyRDII'•1 SURVEY„ ......_._.. ABSTRACT J8: This property is located on the east side of S. SH78, south of Century Business Park and the Glen Knoll Mobile Home Park. This property is known as the Lewis Reese and George Lewis property. The petitioner is asking for multiple zonings. This tract. includes 105 acres of flood plain which the developer intends to be made into a park with a 16 acre lake. Mayor Akin opened the public hearing, there being no questions or opposition, the public hearing was closed. APPROVE AND SIGN ZONING ORDINANCE FOR 446. 273 ACRES OUT OF THE: R. D. NEWMAN SURVEY L_ ABSTRACT 660 AND THE H. J. HARD I N SURVEY, ABSTRACT :48: This property j.s known as the Lewis Reese property and the George Lewis property. City Manager Gus Pappas said that the Council can rzone 285. 90 Acres but will have to table 160. 373 acres due 'to a TRO being flied by Sachse. Motion was made by Mayor Pry, Tem Hughes to approve and sign zoning ordinance for approximately the following: SF-3 - 36. 83 Acres, 52. 82 Acres and 15 Acres SF-2 ..- 49. 87 Acres, 32. 24 Acres. and 38. 38 Acres Public Use • • 37. 73 Acres, 16. 35 Acres and 6. 68 Acres. Seconded by Councilman Fc_cl.gham. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Simmons - against, Councilman Spence - in { favor- , Councilman Martin - in favor, and Councilman Ful gham -- in favor. This motion carried with five in favor and one against the zoning of 285. 90 acres and to table the zoning for 160. 373 acres. APPROVE AND SIGN ANNEXATION ORDINANCE FOR T2 . 21.82 ACRES OUT OF THE R. D. NEWMAN SURVEY., ABSTRACT 660 i, THE H. ter. HA1-D I N SURVEY,VEY, ABSTRACT ACT 438 ANDS THE I . CLIFTON SURVEY..„ ABSTRACT RAC.1.. 1 i L This property is located west Of S. SH 78 and is owned by John Robinson. The required public: hearings have been held and the 20 day waiting period has been satisfied. Motion was made by Councilman Spence to approve and sign annexation ordinance for 23. 2182 acres out of the R. D. Newman Survey and the H. J. Hardin Survey, and the I . Clifton Survey. Seconded by Mayor Pro Tem Hughes. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes --• in favor, Council man Simmons - in favor, Councilman Spence - in favor, Councilman Martin - in favor, and Councilman Fulgham - in favor. This motion carried with all in favor„ PUBLIC HEARING ON THE ZONING OF 23. 2182 ACRES OUT OF THE R. D.__ NEWMAN SURVEY, ABSTRACT 660 THE 14.. ,J. HARD I N SURVEY ABSTRACT 438 AND THE I . CLIFTON SURVEY ABSTRACT 1 9';: This property is located west. of S. SF178 and is the John Robinson son property. The request for zoning is for agr-icultur-al. � ' � , zoning. Mayor Akin opened the public hearing, there being no questions or opposition, the public hearing was closed. aFPYROVE ZONING NCE FOR 23. 2182 AC THE R. D. NEWMAN SUR E HET aURVEyw_PBSTROCT ON SURVEY�-ABSTRACT 193: This property is located west of S SH78 and is the John Robinson property. The Planning and Zoning Commission recommends this for approval . Motion was made by Councilman Spence to approve the agricultural zoning for 23. 2181 acres out of the R. D. Newman Survey, the H. J. Hardin Survey, and the I . Clifton Survey. Seconded by Councilman Martin. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Simmons - in favor, Councilman Spence - in favor, Councilman Martin - in favor, and Councilman Fulgham - in favor. This motion carried with all in favor . EURMEY. 6@SLR8CT_Qo: This property is located on the west side of S. SH78 across from Century Business Park. This property is owned by Dingban Wang. The required public hearings have been held and the 20 day waiting period has been satisfied. City Manager Gus Pappas said this item would have to be tabled due to the TRO filed by Sachse. Motion was made by Councilman Spence to table this item due to the TRO filed by Sachse. Seconded by Councilman Fulgham' The vote was as follows: Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Simmons - in favor , Councilman Spence - in favor , Councilman Martin - in favor, and Councilman Fulgham - in favor. This motion carried with all in favor to table. FRANCISCO_'DE_1=A_P]]��-S�RVEYABSTFhe��T_�`88: This property is located on the southeast corner of Eubanks Lane and E. SH78. The public hearings have ben held and the 20 day waiting period has been satisfied. This property is owned by Mr. Walter B. Pair. Motion was made by Councilman Spence to approve and sign annexation ordinance for 4 acres out of the Francisco de la Pina Survey, Abstract 688. Seconded by Mayor Pro Tem Hughes. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor, Councilman Spence - in favor, Councilman Martin - in favor, and Councilman Fulgham - in favor. This motion carried with all in favor. pUBLIC HEARING FOR THE 4 ACRES OUT OF THE F -F`INkA S Th ABSTRACT 6EX�� is property is located on the southeast corner of Eubanks Lane and E. SH78' This property is owned by Mr. Walter D. Pair. The request for zoning is for retail zoning. The Planning and Zoning Commission recommends this property to the Council for Business 1 zoning. Mayor Akin opened the public hearing, there being no questions or opposition, the public hearing was closed. � � Af F-1�]VE A A A FFAJNCISCO DE LA PINA SURVEY, 688: This property is located on the southeast corner of Eubanks Lane and E. SH78. This property is owned by mr. Walter B. Pair. The public hearings have been satisfied and the Planning and Zoning Commission recommends this for Business 1 zoning. Motion was made by Councilman Spence to approve and sign zoning ordinance for 4 acres out of the Francisco de la Pina Survey for Business l . Seconded by Councilman Martin. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Simmons - in favor, Councilman Spence - in favor, Councilman Martin - in favor , and Councilman Fulgham - in favor. This motion carried with all in favor. F G ON E L This property is located on E. SH78 surrounding the site of the proposed Municipal Complex , Mayor Akin opened the public hearing, there being no questions or opposition, the public hearing was closed. FJlNAL,PUBLIC1HEARJNG ON_TffE_8NNEXATI{}N_OF_149.5696 ACRES OUT DF_THE_FRAQCISCO DE LA PIlNA SlRVEY, ABSTRACT`'68B�' This property is located on E. SH78 and is adjacent to Wylie Ranch Estates. Mayor Akin opened the public hearing, there being no questions or opposition, the public hearing was closed. FINAL PUBLIC_HE/ARDNG ON'_ ANNEXATIDN_OF 3B ��CRES_/�-ID 1E� ANI>-3J39 A �F_THE �DS SANTDS_SUR\�]'�_C[�LIN C[K�NTY-�N OL[[_{}F_THE GUADALUPE. SANTOSSURVEy,_ DALLAS_{%JUNTy. There is a total of 80. 15 acres and this property is located on Old Sachse Road. The owner of this property is Mr. Fred Brunner. Mayor Akin opened the public hearing, there being no questions or opposition, the public hearing was closed. FINAL- G O ATI RES_ AND 1 ACRE�1]UT OF_TffE�-{�Uc8}Al=�}PE-lDE_l=DS�_SANTOS_SURVE��, <�DLl�I1� COL8�TY. � [ E SUFy�EY. NTY: This property is located on Pleasant Valley Road and is adjacent to mr. Brunner ' s property' The owner of this property is Mr. Roddy Groves. Mayor Akin opened the public hearing, there being no questions or opposition, the public hearing was closed. F'.[NAl=.... l]BL�{�-ffEARIYW�_ON THE ANNEXAT]I}N--OF_B49EL-A{J��S OUT OF : This p, upe, cy is located between Old Sachse Road and Pleasant ` ` ^ ` ' . ' , ' � Valley Road. The owner of this property is Mr. H. A. Walker. Mayor Akin opened the public hearing, there being no questions or opposition, the public hearing was closed. F�D�AL- PU THE G�IADALL!L-E ��S S��_�� O�y ��_�� C[KJNTY ANI}-16_ACRES OU' _{}F--TH{�-W.Il=l=I±�M RVE`/�' Thi s property is located on Pleasant Valley Road and is owned by Mr. Larry Morgan. Mayor Akin opened the public hearing, there being no questions or opposition, the public hearing was closed. ING ATl�ON_DF 7Q28_AqRES,DU].-{]F. RVEY This property is located west of S. SH78 across from Century Business Park and is adjacent to the Harvard Property. The owner of this property is the Kreymer Companies being represented by Mr. Jim McKnight. Mayor Akin opened the public hearing, there being no questions or opposition, the public hearing was closed. ��J�i�l_±2�BLJC_Hf�ARJ1�G ON_l..Hf�-AN 62�3--A{�R{�S-.{]U7.{}F � This property is located east of S. SH78 and southside of Hooper Road. This property is adjacent to the Louis Reese property. The Planning and Zoning recommends this for approval . Mayor Akin opened the public hearing, there being no questions or opposition, the public hearing was closed. ' HE_ANNEXAT 5 DF'_TfE 0,_SH{]=BY_SURVEy,_ABSTR8CT_7`p9L This is all Federal Land and is known as Lake Annexation No. 12. Mayor Akin opened the public hearing, there being no questions or opposition, the public hearing was closed. FIRST PUBLIC EARING O TION_OF_23 ACRES THE_'M^ MQLIRDN' SURVEy� 564L This is all Federal Land and is known as Lake Annexation No. 13. Mayor Akin opened the public hearing, there being no questions or opposition, the public hearing was closed. MST PUBLIC G ON THE ANLIE�ATION-1]F_44�-34_ACRES OUT--OF BARFKJW_SL��VEY. This is all Federal Land and is known as Lake Annexation No. 14. Mayor Akin opened the public hearing, there being no questions or opposition, the public hearing was closed. F]B_�.�T_PUBLIC_HEARING O OF '44605_ACRES_O�T DF_'LHE M. BIRCH _SURVEY, _ABSTRAC1_115: This is all Federal Land and is known as Lake Annexation No. 15. Mayor Akin opened the public hearing, there being no questions or opposition, the public hearing was closed. - FIRST PUBl=I{ _l-1EARING DF_THE W HNSO : This is all Federal Land and is known as Lake Annexation No. 16. Mayor Akin opened the public hearing, there being no questions or opposition, the public hearing was closed. FIR ING THE_DRU SURVEy, _ABSTRACT N Thi s i s al l Federal Land and is known as Lake Annexation No. 17. Mayor Akin opened the public hearing, there being no questions or opposition, the public hearing was closed. EIRSI PUBL1q,dEARINS ON THE ANNE L.IN SURVEY. ABS RACT NO. This is all Federal land and is known as Lake Annexation No. 18. Mayor Akin opened the public hearing, there being no questions or opposition, the public hearing was closed. EARING ON IHQBNNEXPTION,OF5 ACRES OUT OF THE A. RUSSELL SUR _ND. _736 _ANUDTHE J. KING SL0R/EY, ABSTRACT NO. _50B1 This is all Federal Land and is known as Lake Annexation No. 18. Mayor Akin opened the public hearing, there being no questions or opposition, the public hearing was closed. PUBLIC HEARINB_ON THE ROM LONE STAR_GAS_CO. '-FOR_A RATEINCREASE: Mayor Akin opened the public hearing and called on Mr. B. J. Parrish, representative of Lone Star Gas Company. Mr. Parrish said this rate increase was the first request to the City since 1982. Mr. Parrish said he was present to answer any questions the public or the Council might have. Mr. James Johnson, Finance Director for the City of Wylie, stated that this was not a large rate increase, but there were several areas that need to be answered and studied. The areas that Mr. Johnson identified and has discussed with Lone Star Gas are as follows: 1 . The use of work capital in the rate base by Lone Star Gas. 2. The inclusion of the 1% adjusted value incument factor or $93, 743 in the rate base for the City of Wylie. 3. Return on common equity at book value. Lone Star wants 15. 08%. 4. Federal Income Tax deferrals and ITC and their effects on the rate base and subsequent rates for Wylie. 5. Return on adjusted value rate base and return on /J c� ' ' i ' invested capital . Lone Star has requested a higher rate of return on the adjusted value rate base and capital than past Railroad Commission rate hearings have allowed. Mr . Johnson said he was not satisfied with this rate increase proposal and would like to seek advise from a CPA firm. Mr. Sheldon Cook who is also a representative from Lone Star Gas said two of these areas of concern are mute and that Lone Star Gas is concerned for Wylie. Mr. Cook also said that the 15. 5% return is a return to pay people who own stock in Lone Star Gas. There being no other questions, Mayor Akin closed the public hearing. AP}q'SOVE SO TE_]NKClEASE FOR LDNE_ ,jJAR GASV This resolution to suspend the rate increase for Long Star Gas is for 90 days from March 11 , 1986 and will give the staff and Council more time for an independent rate study and to make an counter-proposal if called for. Motion was made by Mayor Pro Tem Hughes to approve and sign resolution to suspend the rate increase for Lone Star Gas for 90 days from March 11 , 1986. Seconded by Councilman Simmons. The vote was as follows: Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Simmons - in favor, Councilman Spence - in favor, Councilman Martin - in favor, and Councilman Fulgham - in favor. This motion carried with all in favor. A qP ROVAL ENT E NG_FE{�� IESL This amendment establishes the fees for copies of plats, maps, etc. that we are now able to make at the engineering department . Motion was made by Councilman Fulgham to approve and sign ordinance amending Ordinance No. 84-12 which establishes fees for engineering copies. Seconded by Councilman Martin. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor, Councilman Spence - in favor, Councilman Martin - in favor, and Councilman Fulgham - in favor. This motion carried with all in favor . AGREEMEN E/MURPH After several meetings with the City of Murphy and the City of Wylie, Mayor Poindexter has called and stated that the City of Murphy is ready to agree on the North/South from the existing city limits sign of Wylie is now. City Manager Gus Pappas said that this line can go up as far as Southfork Mobile Home Park, then Wylie will have to talk with Parker. It seems Murphy has given up this area to Parker, of which Parker has no city limits in this area. /y) Mr. Bud Wiser who represents Dr. Santos and other property owners that would fall west of this line wanted it make known that they do not want to be in Murphy and will file suite toward Murphy in order not to be in the city limits of Murphy. After some discussion, a motion was made by Councilman Spence to instruct the City Manager Gus Pappas to prepare this ETJ Agreement between Murphy and Wylie. Seconded by Councilman Fulgham. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Simmons - in favor, Councilman Spence - in favor , Councilman Martin - in favor, and Councilman Fulgham - in favor . This motion carried with all in favor. AppROVAL OF REPLAT 0E,WrjDHAjM ESTATES PHASE III :_ This is the final acceptance of all public improvements for Wyndham Estates III . The engineering staff has inspected this replat and have also inspected the subdivision and recommends final acceptance of same to Council . Motion was made by Councilman Fulgham to approve and accept public improvements for Wyndham Estates III . Seconded by Councilman Simmons. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Simmons - in favor, Councilman Spence - abstained, Councilman Martin - in favor, and Councilman Fulgham - in favor. This motion carried with five in favor and one abstention. 0UTHORIZA7lI�i -OR REI OVER-SIZING_COST�q_FDR PATER_L]]NES_F[R_SOUTH _HOME_ The engineering department has reviewed these charges and recommends the reimbursement for over-sizing in the amount of $20, 264. 00. Motion was made by Councilman Simmons to approve reimbrusement for over-sizing in the amount of $20, 264. 0«0. Seconded by Mayor Pro [em Hughes. The vote was as follows: Mayor Akin in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Spence - in favor, Councilman Martin - in favor , and Councilman Fulgham - in favor. This motion carried with all in favor . A [IURPS. This authorization will allow the City manager to act on behalf of the City to enter into a contract with Corps of Engineers for grant money to fund the Police patrols in the areas around Lake Lavon which are within our city limits. Motion was made by Mayor Pro Tem Hughes to grant authorization for the City Manager to enter into contract with Corps. of Engineers. Seconded by Councilman Simmons. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Simmons - in favor, Councilman Spence - in favor , Councilman Martin - in favor, and Councilman Fulgham - in favor . This motion carried with all in favor. / / | | | / � � � � � � ' ! � � A R_pIJ� There were several bid Specs sent out for this truck-but--- there were only three bids received. These bids came from Newman Chevrolet , Bob Tedford Chevrolet , and El Dorado Chevrolet. Motion was made by Councilman Spence to award the bid to Newman ChevrcQet in the amount of $10, 492. 00 which includes the eye level mirrors. Seconded by Councilman Martin. The 4ote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Simmons - in favor , Councilman Spence - in favor, Councilman Martin - in favor, and Cpuncilman Fulgham - in favor . This motion carried with all in favor. RELAT IVE TD CITY' S XEMPT BDNDS: The approval of this letter which will be directed to our Senator, is to voice our concern about the effect of this legislation on the City' s ability to finance capital improvements. We have been asked by the Texas Municipal League and other organizations to do this. Motion was made by Councilman Fulgham to approve the letter going to the Senator voicing our concern on tax exempt bonds. Seconded by Councilman Martin. The vote was as follows: Mayor Akin - in favor, Mayor Pro Te� Hughes - in favor, Councilman Simmons - in favor, Councilman Spence - in favor, Councilman Martin - in favor, and Councilman Fulgham - in favor . This motion carried with all in favor. A R RE R R UR Our engineering staff has reviewed these charg s and recommend reimbursement for over-sizing in the amount of $10. 492. 98. Motion was made by Councilman Fulgham to authorize the reimbursement for over- sizing costs for water lines in Century Business park in the amount of $10, 492. 98. Seconded by Councilman Martin. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tea) Hughes - in favor, Councilman Simmons - abstained, Councilman Spence - abstained, Councilman Martin - in favor, and Councilman Fulgham -! in favor. This motion carried with | five in favor and two ab$tentions. � 911IgEN PARTICIPATION: Mr. Leon Boughton of Rt. 2, Box 47F Hwy. 205 who is employed ! by the City of Wylie is concerned about the drug abuse in the City of Wylie. Mr. Boughton said he has been working | for the city several weeks in the engineering department. He also stated that he has worked as an undercover police for drugs. This County has never been worked for drugs up | until this past year. There is a lot of drugs and labs for drugs in the Wylie area. You learn to recognize the p ople who are on drugs. I have learned to recognize the by their eyes and their attitudes. He is concerned about some of the city employees. He said he went to someone with iuthority. This person told him not to talk with anyone else City Manager Gus Pappas asked if � � � � � � � ' � � ' � Mr. Boughton reported this to the police department . Mr . Boughton said no. City /Manager Gus Pappas said the Council shares his concern but the proper party is the Chief of Police. Mr. Bill Windh m, Public Works Director, told Mr. Boughton not to discuss �this with anyone that he would investigate the matter . Mr. Windham said Mr. Boughton left his office and went out !into the other office and begin discussing this matter with another employee. Mr . Windham then called Mr . Boughton back into his office and told him he had disobeyed a direct order and therefore would be laid off work one week from that Friday. City Manager Gus Pappas said he would hope that Mr . Boughton would go to the Chief of Police and share this information. [%}UNCI Councilman Fulgham wanted to know if Lone Star Gas increase was 5% why did it have to come through the Council . James Johnson, Director of Finance, said that 5% over all the system which is 33% increase for everything. Councilman Martin said the fire plug on Second Street is running water. Mr. Bill Windham, Public Works Director, said that the crew had been waiting on parts, this should be corrected this next week. Councilman Martin also said there was a leak on Stone and Ballard. Mr. Bill Windham, Public Works Director, said that the people do know about this and that it is on their side and they are responsible for fixing this leak. Councilman Martin then ask if there was any type of reimbursement for this type water leak. James Johnson, Finance Director, said that our ordinance does not address this. Mr. Bill Windham, Public Works Director, said if it did address this, it would have to be corrected in a timely manner. Councilman Simmons said the main goal of the Chamber of Commerce is to get more business into Wylie. Some of the comments that have been received from these business is relating to the trash on FM 544 and the junk yards on Highway 78. City Manager Gus Pappas said in regards to the junk yards, the thing to do is to go ahead and do an involuntary annexation on these, and make them live up to � our ordinances. City Manager Gus Pappas said he would get the laws enforced on the road R-O-W and try to get the trash cleaned up. This will step on toes and you as a Council may get a lot of phone calls. Councilman Simmons wanted to know if a letter should be written to North Texas Municipal Water District. City Manager Gus Pappas said he did not believe that North Texas Municipal Water District was the violator . The mud comes from NTMWD, but the trash comes from the little people. Mayor Pro Tam Hughes said that this man coming before Council and stating that some of our city employees are on drugs is a big concern to him. Mayor Pro Tam Hughes �� ^ � ^ requested that the City Manager Gus Pappas take this matter to the Chief of Police. Mr. Bill Windham, Public Works Director, said this matter had been taken to the Chief of Police and an investigation has started, and he had told this man not to discuss this matter with anyone in the department. Mr. Windham also stated that he would not discuss this in an open meeting. There being no other questions or matters of discussion, Mayor Akin called for a motion to adjourn. Motion was made by Councilman Fulgham to adjourn. All were in favor. ------------------------------- John W. Akin, Mayor ATTEST: -------------------------------- Carolyn Jones, City Secretary �� WYLIE MAYORS_, MAYOR TERM Howard Pickett 1887 - 1888 T.P. Williams 1888 - 1890 J.B. Baskett 1899 - 1900 L.J. Bullitt 1900 - 1902 J.T. Marshall 1905 - 1906 C.F. Eckhart 1906 - 1907 J.W. Russell 1907 - 1908 J.B. Baskett 1908 - 1912 Clem J. Gallager 1912 - 1913 J.I. Blalack 1913 - 1914 E.R. Daniels 1914 - 1918 J.T. Groves 1918 - 1920 J.C. Spurgin 1920 - 1922 Geo W. Housewright 1922 - 1926 L.O. Neal 1926 - 1928 Earl Hogge 1928 - 1930 Dr. G.P. Maynar 1930 - 1934 Ray Pitts 1934 - 1937 John Akin Sr. 1937 - 1938 Ernie Housewright 1938 - 1942 J.A. Pitts 1932 - 1946 D.W. Click 1946 - 1952 Captain J.A. Benton 1952 - 1954 J.H. Edgington 1954 - 1956 D.W. Click 1956 - 1958 A.D. Boyd 1958 - 1961 E.J. Parker 1961 - 1962 Roy Hall 1962 - 1964 0.W. Hampton 1964 - 1968 Roy Hall 1968 - 1970 Cecil W. Hackler 1970 - 1974 Donald R. Thomas 1974 - 1976 R.C. Dodd 1976 - 1976 William E. Martin 1976 - 1978 John Akin, Jr. 1978 - 1982 Robert B. Squires 1982 - 1984 John Akin, Jr. 1984 - 1986 ANNEXATION ORDINANCE OF THE CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ANNEXING THE HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF WYLIE, TEXAS , AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF SAID PROPERTY, ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES , ACTS , RESOLUTIONS AND REGULATIONS OF THE CITY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS , the City Council of the City of Wylie , Texas , finds that the hereinafter described territory is contiguous and adjacent to the corporate limits of the City of Wylie ; and WHEREAS, the City has prepared a service plan for the area , a copy of which is attached hereto as Exhibit "A" ; and WHEREAS , after notice was duly given , public hearings on the proposed annexation were held by the City Council all in compliance with Article 970—A , Vernon ' s Annotated Civil Statutes of the State of Texas ; and WHEREAS , the City Council has concluded that such area should be annexed into and made a part of the City of Wylie , Texas : NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS : SECTION 1 . •That the following described territory be , and the same is hereby , annexed into and made a part of the corporate limits of the City of Wylie , Texas , and the same shall hereafter be included within the territorial limits of said City , and, the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the City , and shall be bound by the ordinances , acts , resolutions and regulations of the City of Wylie , Texas . Said territory hereby annexed being described as follows : 173. 5 acres out of the 0 . Shelby Survey , Collin County Abstract 799 owned by the United States of America . SECTION 2 . It is the intention of the City to annex only that territory which is legally subject to being annexed by the City and should any portion of the above described territory be not subject to legal annexation by the City of Wylie , Texas , such fact shall not prevent the City from annexing such portion of said territory which is subject to legal annexation by the City of Wylie , Texas . Therefore , if any provision or portion of the territory herein described is held to be invalid by a court of competent jurisdiction , such provision or portion of land shall be deemed as separate , distinct and independent and such holding shall not affect the validity of the remaining provisions of this ordinance or portions of land annexed by this ordinance . SECTION 3 . This ordinance shall take effect from and after its passage as the law in such cases provides . DULY PASSED by the City Council of the City of Wylie , Texas , this the day of 1985 . APPROVED : MAYOR ATTEST . CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY r, � ANNEXATION ORDINANCE OF THE CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ANNEXING THE HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF WYLIE, TEXAS , AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF SAID PROPERTY, ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES , ACTS, RESOLUTIONS AND REGULATIONS OF THE CITY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS , the City Council of the City of Wylie , Texas , finds that the hereinafter described territory is contiguous and adjacent to the corporate limits of the City of Wylie ; and WHEREAS , the City has prepared a service plan for the area , a copy of which is attached hereto as Exhibit "A" ; and WHEREAS , after notice was duly given , public hearings on the proposed annexation were held by the City Council all in compliance with Article 970—A , Vernon ' s Annotated Civil Statutes of the State of Texas ; and WHEREAS , the City Council has concluded that such area should be annexed into and made a part of the City of Wylie , Texas : NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 . That the following described territory be , and the same is hereby , annexed into and made a part of the corporate limits of the City of Wylie , Texas , and the same shall hereafter be included within the territorial limits of said City , and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the City , and shall be bound by the ordinances , acts , resolutions and regulations of the City of Wylie , Texas . Said territory hereby annexed being described as follows : 23 . 0 acres out of the M. Milliron Survey , Collin County Abstract 564 being a tract of land owned by the United States of America . SECTION 2 . It is the intention of the City to annex only that territory which is legally subject to being annexed by the City and should any portion of the above described territory be not subject to legal annexation by the City of Wylie , Texas , such fact shall not prevent the City from annexing such portion of said territory which is subject to • legal annexation by the City of Wylie , Texas . Therefore , if any provision or portion of the territory herein described is held to be invalid by a court of competent jurisdiction , such provision or portion of land shall be deemed as separate , distinct and independent and such holding shall not affect the validity of the remaining provisions of this ordinance or portions of land annexed by this ordinance . SECTION 3 . This ordinance shall take effect from and after its passage as the law in such cases provides . DULY PASSED by the City Council of the City of Wylie , Texas , this the day of 1985 . APPROVED : :MAYOR CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY ANNEXATION ORDINANCE OF THE CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE , TEXAS ANNEXING THE HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF WYLIE, TEXAS , AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID ' HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF SAID PROPERTY, ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES, ACTS , RESOLUTIONS AND REGULATIONS OF THE CITY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS , the City Council of the City of Wylie , Texas , finds that the hereinafter described territory is contiguous and adjacent to the corporate limits of the City of Wylie ; and WHEREAS , the City has prepared a service plan for the area , a copy of which is attached hereto as Exhibit "A" ; and WHEREAS , after notice was duly given , public hearings on the proposed annexation were held by the City Council all in compliance with Article 970—A, Vernon ' s Annotated Civil Statutes of the State of Texas ; and WHEREAS , the City Council has concluded that such area should be annexed into and made a part of the City of Wylie , Texas : NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 . That the following described territory be , and the same is hereby , annexed into and made a part of the corporate limits of the City of Wylie , Texas , and the same shall hereafter be included within the territorial limits of said City , and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the City , and shall be bound by the ordinances , acts , resolutions and regulations of the City of Wylie , Texas . Said territory hereby annexed being described as follows : 38 .30 acres (Tr . 6) and 6 . 4 acres (Tr . 7) out of the S . Barrow Survey , Collin County Abstract 49 and being Federal land owned by the United States of America - total 44 . 34 acres . SECTION 2 . It is the intention of the City to annex only that territory which is legally subject to being annexed by the City and should any portion of the above described territory be not subject to legal annexation by the City of Wylie , Texas , such fact shall not prevent the City from annexing such portion of said territory which is subject to legal annexation by the City of Wylie , Texas . Therefore , if any provision or portion of the territory herein described is held to be invalid by a court of competent jurisdiction , such provision or portion of land shall be deemed as separate , distinct and independent and such holding shall not affect the validity of the remaining provisions of this ordinance or portions of land annexed by this ordinance . SECTION 3 . This ordinance shall take effect from and after its passage as the law in such cases provides . DULY PASSED by the City Council of the City of Wylie , Texas , this the day of 1985 . APPROVED : MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM : CITY ATTORNEY ANNEXATION ORDINANCE OF THE CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ANNEXING THE HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF WYLIE, TEXAS , AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF SAID PROPERTY, ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES , ACTS , RESOLUTIONS AND REGULATIONS OF THE CITY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS , the City Council of the City of Wylie , Texas , finds that the hereinafter described territory is contiguous and adjacent to the corporate limits of the City of Wylie ; and WHEREAS , the City has prepared a service plan for the area , a copy of which is attached hereto as Exhibit "A" ; and WHEREAS , after notice was duly given , public hearings on the proposed annexation were held by the City Council all in compliance with Article 970—A , Vernon ' s Annotated Civil Statutes of the State of Texas ; and WHEREAS , the City Council has concluded that such area should be annexed into and made a part of the City of Wylie , Texas : NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 . That the following described territory be , and the same is hereby , annexed into and made a part of the corporate limits of the City of Wylie , Texas , and the same shall hereafter be included within the territorial limits of said City , an.d the inhabitants thereof shall hereafter he entitled to all rights and privileges of other citizens of the City , and shall be bound by the ordinances , acts , resolutions and regulations of the City of Wylie , Texas . Said territory hereby annexed being described as follows : 13 . 5 acres (Tr . 25) and 70 . 0 acres (Tr . 24) and 12 . 6 acres (Tr . 23) and 17 .9 acres (Tr . 20) and 6 . 5 acres (Tr . 28) and 1 acre (Tr . 21 ) and 325 . 54 acres ( part of Tr . 1 and is bordered by the centerline of the bridge across Lavon Lake , known as FM3286 , indicated on that tract and this survey) out of the M. Birch Survey , Collin County Abstract 115 and being Federal land owned by the United States of America — total 446 . 95 acres . SECTION 2 . It is the intention of the City to annex only that territory which is legally subject to being annexed by the City and should any portion of the above described territory be not subject to legal annexation by the City of Wylie , Texas , such fact shall not prevent the City from annexing such portion of said territory which is subject to legal annexation by the City of Wylie , Texas . Therefore , if any provision or portion of the territory herein described is held to he invalid by a court of competent jurisdiction , such provision or portion of land shall be deemed as separate , distinct and independent and such holding shall not affect the validity of the remaining provisions of this ordinance or portions of land annexed by this ordinance . SECTION 3 . This ordinance shall take effect from and after its passage as the law in such cases provides . DULY PASSED by the City Council of the City of Wylie , Texas , this the day of 1985 . APPROVED : MAYOR APPROVED AS TO FORM: ATTEST : CITY ATTORNEY CITY SECRETARY � 6 ANNEXATION ORDINANCE OF THE CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ANNEXING THE HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF WYLIE, TEXAS , AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF SAID PROPERTY, ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES , ACTS , RESOLUTIONS AND REGULATIONS OF THE CITY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS , the City Council of the City of Wylie , Texas , finds that the hereinafter described territory is contiguous and adjacent to the corporate limits of the City of Wylie ; and WHEREAS , the City has prepared a service plan for the area , a copy of which is attached hereto as Exhibit "A" ; and WHEREAS , after notice was duly given , public hearings on the proposed annexation were held by the City Council all in compliance with Article 970—A , Vernon ' s Annotated Civil Statutes of the State of Texas ; and WHEREAS , the City Council has concluded that such area should be annexed into and made a part of the City of Wylie , Texas : NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 . That the following described territory be , and the same is hereby , annexed into and made a part of the corporate limits of the City of Wylie , Texas , and the same shall hereafter be included within the territorial limits of said City , and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the City , and shall be bound by the ordinances , acts , resolutions and regulations of the City of Wylie , Texas . Said territory hereby annexed being described as follows : 43. 10 acres (Tr . 12) and 7 . 24 acres (Tr . 13) and 18 . 53 acres (Tr . 16) and 11 . 4 acres (Tr . 40) and 1 . 0 acres (Tr . 42) and 39 . 1 acres (Tr . 41 ) and 50 acres (Tr . 39) and 1 . 5 acres (Tr . 33) and 7 . 87 acres (Tr . 34) out of the Wm . Johnson Survey , Collin County Abstract 476 and being land owned by the United States of America - total 179 . 74 acres . SECTION 2 . It is the intention of the City to annex only that territory which is legally subject to being annexed by th'e City and should any portion of the above described territory be not subject to legal annexation by the City of Wylie , Texas , such fact shall not prevent the City from annexing such portion of said territory which is subject to legal annexation by the City of Wylie , Texas . Therefore , if any provision or portion of the territory herein described is held to be invalid by a court of competent jurisdiction , such provision or portion of land shall be deemed as separate , distinct and independent and such holding shall not affect the validity of the remaining provisions of this ordinance or portions of land annexed by this ordinance . SECTION 3 . This ordinance shall take effect from and after its passage as the law in such cases provides . DULY PASSED by the City Council of the City of. Wylie , Texas , this the day of 1985 . APPROVED : MAYOR APPROVED AS TO FORM: ATTEST : CITY ATTORNEY CITY SECRETARY �,',J ANNEXATION ORDINANCE OF THE CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ANNEXING THE HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF WYLIE, TEXAS , AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID *HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF SAID PROPERTY, ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES, ACTS , RESOLUTIONS AND REGULATIONS OF THE CITY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS , the City Council of the City of Wylie , Texas , finds that the hereinafter described territory is contiguous and adjacent to the corporate limits of the City of Wylie ; and WHEREAS , the City has prepared a service plan for the area , a copy of which is attached hereto as Exhibit "A" ; and WHEREAS , after notice was duly given , public hearings on the proposed annexation were held by the City Council all in compliance with Article 970—A ,. Vernon ' s Annotated Civil Statutes of the State of Texas ; and WHEREAS , the City Council has concluded that such area should be annexed into and made a part of the City of Wylie , Texas : NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 . That the following described territory be , and the same is hereby , annexed into and made a part of the corporate limits of the City of Wylie , Texas , and the same shall hereafter be included within the territorial limits of said City , and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the City , and shall be bound by the ordinances , acts , resolutions and regulations of the City of Wylie , Texas . Said territory hereby annexed being described as follows : 92 . 35 acres (Tr . 42) out of the T . Toby Survey , Collin County Abstract 925 being Federal land owned by the United States of America ; and 5 . 30 acres of railroad right-of-way owned by the Atcheson , Topeka and Santa Fe Railway Co . out of the T. Toby Survey , Collin County Abstract 925 - total 97 . 65 acres . SECTION 2 . It is the intention of the City to annex only that territory which is legally subject to being annexed by the City and should any portion of the above described territory be not subject to legal annexation by the City of Wylie , Texas , such fact shall not prevent the City from annexing such portion of said territory which is subject to legal annexation by the City of Wylie , Texas . Therefore , if any provision or portion of the territory herein described is held to be invalid by a court of competent jurisdiction , such provision or portion of land shall be deemed as separate , distinct and independent and such holding shall not affect the validity of the remaining provisions of this ordinance or portions of land annexed by this ordinance . SECTION 3 . This ordinance shall take effect from and after its passage as the law in such cases provides . DULY PASSED by the City Council of the City of Wylie , Texas , this the day of 1985 . APPROVED: MAYOR ATTEST : CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY ANNEXATION ORDINANCE OF THE CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ANNEXING THE HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF WYLIE, TEXAS , AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF SAID PROPERTY, ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES , ACTS , RESOLUTIONS AND REGULATIONS OF THE CITY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS , the City Council of the City of Wylie , Texas , finds that the hereinafter described territory is contiguous and adjacent to the corporate limits of the City of Wylie ; and WHEREAS , the City has prepared a service plan for the area , a copy of which is attached hereto as Exhibit "A" ; and WHEREAS , after notice was duly given , public hearings on the proposed annexation were held by the City Council all in compliance with Article 970-A, Vernon ' s Annotated Civil Statutes of the State of Texas ; and WHEREAS , the City Council has concluded that such area should be annexed into and made a part of the City of Wylie , Texas : NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 . That the following described territory be , and the same is hereby , annexed into and made a part of the corporate limits of the City of Wylie , Texas , and the same shall hereafter be included within the territorial limits of said City , and the inhabitants thereof shall hereafter he entitled to all rights and privileges of other citizens of the City , and shall be bound by the ordinances , acts , resolutions and regulations of the City of Wylie , Texas . Said territory hereby annexed being described as follows : 501 . 38 acres out of the Anglin Drury Survey , Collin County Abstract 3 and being Federal land owned by the United States of America . SECTION 2. It is the intention of the City to annex only that territory which is legally subject to being annexed by the City and should any portion of the above described territory be not subject to legal annexation by the City of Wylie , Texas , such fact shall not prevent the City from annexing such portion of said territory which is subject to legal annexation by the City of Wylie , Texas . Therefore , if any provision or portion of the territory herein described is held to be invalid by a court of competent jurisdiction , such provision or portion of land shall be deemed as separate , distinct and independent and such holding shall not affect the validity of the remaining provisions of this ordinance or portions of land annexed by this ordinance . SECTION 3 . This ordinance shall take effect from and after its passage as the law in such cases provides . DULY PASSED by the City Council of the City of Wylie , Texas , this the day of 1985 . APPROVED : "-:AYOR ATTEST : CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY ANNEXATION ORDINANCE OF THE CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ANNEXING THE HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF WYLIE, TEXAS , AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF SAID PROPERTY, ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES , ACTS, RESOLUTIONS AND REGULATIONS OF THE CITY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS , the City Council of the City of Wylie , Texas , finds that the hereinafter described territory is contiguous and adjacent to the corporate limits of the City of Wylie ; and WHEREAS , the City has prepared a service plan for the area , a copy of which is attached hereto as Exhibit "A" ; and WHEREAS , after notice was duly given , public hearings on the proposed annexation were held by the City Council all in compliance with Article 970—A , Vernon ' s Annotated Civil Statutes of the State of Texas ; and WHEREAS , the City Council has concluded that such area should be annexed into and made a part of the City of Wylie , Texas : NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 . That the following described territory be , and the same is hereby , annexed into and made a part of the corporate limits of the City of Wylie , Texas , and the same shall hereafter be included within the territorial limits of said City , and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the City , and shall be bound by the ordinances , acts , resolutions and regulations of the City of Wylie , Texas . Said territory hereby annexed being described as follows : 4 . 5 acres of various small tracts and 36 . 19 acres and 226 . 70 acres and 25 acres and 20 acres and 12 . 66 acres and 88 . 33 acres and 25 acres and 26 acres and 24 acres and 14 . 50 acres and 37 . 50 acres out of the A . Russell Survey , Collin County Abstract 736 ; and 150 . 3 acres and 14 . 78 acres out of the J . King Survey , Collin County Abstract 508 and being Federal land owned by the United States of America - total 705 . 45 acres . SECTION 2 . It is the intention of the City to annex only that territory which is legally subject to being annexed by the City and should any portion of the above described territory be not subject to legal annexation by the City of Wylie , Texas , such fact shall not prevent the City from annexing such portion of said territory which is subject to legal annexation by the City of Wylie , Texas . Therefore , if any provision or portion of the territory herein described is held to be invalid by a court of competent jurisdiction , such provision or portion of land shall be deemed as separate , distinct and independent and such holding shall not affect the validity of the remaining provisions of this ordinance or portions of land annexed by this ordinance . SECTION 3 . This ordinance shall take effect from and after its passage as the law in such cases provides . DULY PASSED by the City Council of the City of Wylie , Texas , this the day of 1985 . APPROVED : MAYOR APPROVED AS TO FORM: ATTEST : CITY ATTORNEY CITY SECRETARY PETI [ION FOR ANNEXA [lOh [HE STATE OF TEXAS: COUNTY OF COLLlN: TO THE CITY COUNCIL OF THE CIlY OF 7nIL. CJ N [F T`. . FEXAS:: Now comes __ Ray D~ Santos ________________ of the [o�n� y oF _1mbbock_____ as, and rear .�se,`ts to the City Council of the said City cf hylic, Texac, Ma:. he is the owner or is acting for all m the owne-s or partnerships or corporation who are owne,s of the f�l ] owi ' `g described tract of land which is contiguous and adjaceni to the City of Wylie, in Collin County, Texas, and in which has less than three (3) qualified voters, reside, described as follows: ,- ' l ' / � sip - ' PETITION FOR ANNEXATION CONT' D. L 2 Sai d Ray O^_Santos __________________ reptesents that he and all co and made part c'f ME saiO City of Wylie, Collin County, Texas, sabject to M 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, Te:as as provided by Article 974 (g) of the REVISED CIVIL STATUTES OF THE STATE OF TEXAS. Witness the hand of this petitioner this the 6 day of February--,.__-_-_-., ---- ------ ------- Ray E. Santos Please Print Name 2814 22nd Place --------------------------------- Lubbock, To 79410 --------------------------- City Texas Zip (806)792-4743 ------------------------------ Telephone �'- ' ) — THE STATE OF TEXAS: COUNTY OF COLLIN: Before me, the undersigned Notary Public on thjs dav personally appeared ..................._ �gq_ , known Lo me to be the person whose name is subscribed In the foregoing instrument , and acknowledged Lo me that hs executed the same for the purposes and consiAera.tion Lherei " expresses: Given under my hand and seal of officc this The __ 6 _ __ da> CA Fecru�y�_____________, l986 __. -. Notary Public, Lubbock County Iaxuo Notary Public , btxkknx-i Co�./.ty Texas � RAY E. SANTOS PROPERTY TRACT 1 Situated in Collin County, Texas in the C. A. McMillian Survey, Abstract No. 588 and part of the Mose Sparks Survey, Abstract No. 849 and part of the James Maxwell Survey, Abstract No. 582 and being a resurvey and consolidation of all of a 60. 542 acre tract and all of a 1 . 00 acre tract as described in a deed from Edna Vivian Hardy et al to C. E. Jack Kreck recorded in Volume 1569 Page 131 of the Collin County Land Records and all of a 104. 849 acre tract as described in a Receiver' s Deed from Tom Brigham et ux to C. E. Kreck recorded in Volume 1157 Page 799 and all of a 66. 375 acre tract as described in a Receiver ' s Deed from Ruth Steenberger and Richard Parker Co. -Receivers, to C. E. Jack Kreck recorded in Volume 1157 Page 804 of the Collin County Deed Records and all of a 74. 246 acre tract as described in a deed from Lecta Brigham and John Thomas Brigham to Joe Thomas Kreck recorded in Volume 1562 Page 313 of the Collin County Land Records and being more fully descirbed as follows: BEGINNING at an iron stake found in the Northwest corner of the said 60. 542 acre tract. Said stake being in the center line of a 40 ft. wide public road. THENCE North 89 deg 47 min 04 sec East, with center of road 2022. 94 ft. to an iron stake. THENCE North 89 deg 46 min 49 sec East, with center of road a distance of 423. 45 ft. to an iron stake found at the Northeast corner of the said tract. THENCE South 0 deg 40 min 01 sec West, with East line of tract and center line of 30 ft. wide road 1105. 69 ft . to an iron stake at the Southeast corner of the said tract. Said stake also being the Northeast corner of the said 66. 375 acre tract . THENCE South 0 deg 40 min 19 sec West , with center of road 597. 79 ft . to an iron stake. THENCE South 01 deg 31 min 47 sec West , with center of road 1483. 01 ft to an iron stake. Said stake being the Northwest corner of the 104. 849 acre tract. THENCE South 89 deg 26 min 45 sec East, with North line of- said tract 1296. 69 ft. to an iron stake at the Northeast corner thereof . THENCE South 0 deg 17 min 30 sec West, with East line of said tract 2681 . 40 ft. to an iron stake. THENCE South 0 deg 21 min 57 sec West, with East line of tract 782. 01 ft. to an iron stake in the Southeast corner thereof . Said stake being in the North right of way line of the St. Louis and Southwestern Railroad. THENCE North 84 deg 08 min 04 sec West, with North Right of way line of railroad 1393. 89 ft, to an iron stake at the southwest corner of the said tract. THENCE North 01 deg 52 min 31 sec East, 1078. 26 ft. to an iron stake. Said stake being in the Southeast corner of the 74. 246 acre tract. // THENCE South 89 deg 14 min 10 sec West, with South line of tract 1083. 56 ft. to an iron stake at the Southwest corner thereof . THENCE North 01 deg 11 min 05 sec East, with West line of tract 1150. 92 ft. to an iron stake at an inner corner . THENCE South 89 deg 36 min 47 sec West, a distance of 768. 36 ft. to an iron stake at the most Westerly Southwest corner of the said tract. THENCE North 0 deg 53 min 10 sec East, with West line of said tract 1085. 04 ft. to an iron stake found at the Northwest corner thereof . Said stake being in the center line of a 40 ft. wide dirt road. THENCE 89 deg 11 min 49 sec East, with center of road 537. 83 ft . to an iron stake. Said stake being the Southwest corner of the said 66. 375 acre tract. THENCE North 01 deg 20 min 23 sec East , with West line of tract 2107. 96 ft. to an iron stake at the Northwest corner thereof . Said stake being in the South line of the said 60. 542 acre tract. THENCE South 89 deg 47 min 13 sec West, with South line of of 60. 542 acre tract 1059. 15 ft. to an iron stake at the Southwest corner thereof . THENCE North 1 deg 34 min 07 sec West, with West line of tract 1105. 87 ft. to the place of beginning containing 307. 037 acres of land. TRACT 2: Situated in Collin County, Texas in the Mose Sparks Survey, Abstract No. 849 and being a part of a 15. 199 acre tract described as Tract 1 in a Receiver ' s Deed from Tom Brigham at ux to C. E. Jack Kreck recorded in Volume 1157 Page 799 of the Collin County Deed Records and being more fully descirbed as follows: BEGINNING at an iron stake in the Southeast corner of the said tract in the North right of way line of FM Highway 544' THENCE South 89 deg 50 min 34 sec West, with North right of way of highway 759. 85 ft, to an iron stake. THENCE North 01 deg 47 min 29 sec East, a distance of 478. 70 ft. to an iron stake in the South right of way line of St. Louis and Southwestern Railroad. THENCE South 84 deg 10 min 32 sec East , with South right of way line of said railroad 751 . 06 ft. to an iron stake at the Northeast corner of the said tract . THENCE South 0 deg 19 min 43 sec West, with East line of tract 400. 17 ft. to the place of beginning containing 7. 607 acres of land. SAVE AND EXCEPT Tract No. 4 consisting of 105. 22 acres out of the M. Sparks Survey, Collin County, Abstract 849; and Tract No. 5 consisting of 3. 3 acres out of the M. Sparks Survey, Collin County Abstract 849; and Tract No. 38 consisting of 3' 6 acres out of the M. Sparks Survey, Collin County Abstract No. 849; and 12. 511 acres, being the right-of-way for the St. Louis & Southwestern Railroad Co. , out of the M. Sparks Survey, Collin County Abstract 849 for a total of 124. 631 acres. �� ^ ^ ' ' PETITION FOR ANNEXATION THE STATE OF TEXAS: COUNTY OF COLLIN: TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY , TEXAS: Now comes ____Louir, M--luokljr_ of the County of _ DaYlas- _ 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 contiguous 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: ` LEGAL DESCRIPTION Being a tract of land situated in the Moses Sparks Survey, Abstract No. 849 , Collin County, Texas, same tract being the third tract of land as described in a deed from B.N. Gayler et ux to Herman Pelton et ux, dated September 19, 1955 and recorded in Volume 504, Page 443 of the Deed Records of Collin County, Texas and being more particularly described as follows: BEGINNING in the center of a dirt road at the northwest corner of said tract, same being the northwest corner of the Moses Sparks Survey, a 5/8 inch iron rod with a yellow cap marked Collis; THENCE North 89 degrees 16 minutes 13 seconds East, with the north line of said tract and survey line a distance of one thousand three hundred thirty four and seventeen hundredths (1,334 17/100' ) feet to the northeast corner being a 1 inch iron pipe with a yellow cap marked Collis; THENCE South 1 degree 27 minutes 00 seconds West, with the east line of said tract a distance of one thousand five hundred two feet and forty one hundredths (1502 41/100' ) feet to the southeast corner being a 1 inch iron pipe; THENCE South 89 degrees 22 minutes 27 seconds West, with the south line of said tract -a distance of one thousand three hundred twenty three and forty three hundredths (1323 43/100' ) feet to the southwest corner and a point in the west line of the Moses Sparks Survey being a 3/8 inch iron rod in the center of a dirt road from which a 24 inch Walnut tree bears N 62° 52 ' 30" E , 93.5 feet; THENCE North 1 degree 02 minutes 37 seconds East, with the west line of said tract and survey line a distance of one thousand four hundred ninety nine and sixty four hundredths (1499 64/100' ) feet to the POINT OF BEGINNING and containing 1 ,993 ,416.86 square feet or 45.763 acres of land. , ' PETITION FOR ANNEXATION CONT' D. PAGE 2 Said Lout� M' Dunklin 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 lU�b day of Eebr.u&cy- Signature luuis- _Duzdk Iin- Please Print Name The Texas Presbyterian Foundation __-2D14. J.ower- 4OO N. Olive Street LB 245 Address Dallas, Texas 75281 City Texas Zip 214 - _909-755I_ Telephone �^ . ' ' - THE STATE OF TEXAS: COUNTY OF COLLIN: Before me, the undersigned Notary Public on this day personally appeared �� 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 }�� day of -- Notac,� Public ' Dalld5 County Texas Mallilla PARKER RD. I o 0 cc x >-cc m a � idU rer U Mc WHIRTE' i cc 0 • M u 1 ► U Mc M ILLAN MUDDY _ -�'�� ciREEK On ERV • at 4 LOCATION MAP N.T.S. 21.41fj - I / PETITION FOR ANNEXATION THE STATE OF TEXAS: COUNTY OF COLLIN: TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY , TEXAS: Now comes 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 contiguous 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: All ' ^/-� ^ ' PETITION FOR ANNEXATION CONT` D. PAGE 2 Said Barold8uli&au 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 �� day of November , l98_5__. - --- 4 Si nature Harold 8oli8ao Please Print Name 8585 Steoou000 Fzwy. Suite #800 South Address I-41I456_1=1,5-_7524Z City Texas Zip 214-631-4931 Telephone �� ` ` ' THE STATE OF TEXAS: COUNTY OF Dallas ,: Before me, the undersigned Notary Public on this day personally appeared BaroldBuligao , 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 _�a�_ day of November , 198 5�__. --- /J -- Notary Public, Dallas County Texas //� ' PETITION FOR ANNEXATION THE STATE OF TEXAS: COUNTY OF COLLIN: TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY , TEXAS: _�-��~��L� of the County of � 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 contiguous 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: �7 =~ �-^=f��`5_ �� — u�w,�xp — � . . PETITION FOR ANNEXATION CONT' D. PAGE Said (� __._ , .---___-__-_-.______ 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. Witn ss the hand of this petitioner this the etT- day of __ , 1 9E3 62%-i ;7 Signature Please Print Name _f000 J)R(Lij) e, Address City Texas Zip - a%y; -7 -.90 , i%------ Telephone ` ' ` ' ' � THE STATE OF TEXAS: COUNTY OF COLLIN: Before me, the un y Public on this day personally appeared '�� known to me to be the persFn4jhose--------~e is subscribed to the foregoing instrument, acknowledged t and acknowl d d o me that he executed the same for the purposes and consideration therein expresses: Given Lin r y hand and seal of ffice this the day of ____________, l98 �� ' - .' ^ : rNt!x,S'ate of Texas apim � `^ ---------7---~~^ ----- Notary Public, Collin Countyxy Texas _ • • X}II!}IT „A" BEING a tract of land in the I . Clifton Sure( y, Abstract No. 193, the H. .3. Hardin Survey, Abstract No. 438 and the R. D. Ntviun Survey, Abstract No. 660, situated in Collin County, Texas, and also being a part of that certain 260.436 tract of land conveyed co Arapaho East, Inc. by C. T. Beckham by deed recorded in Volunx! 1104, page 149 of the Dead Records of Collin County, Texas„-Ind being nore particularly described as follows: 'FPJ . ' I 5 2 BEGINNING at a point on the right of way line 30 feet East and 30 feet South of an iron rod on the centerline of a county road and the most Westerly Northwest corner of said 260.436 acre tract; said point being the Northwest corner of this tract. THENCE South 89 deg. 57 min. Fast along the centerline of said county road and North line of the 260.436 acre tract, 765.0 feet to a corner; THENCE South 2 deg. !.? min. East, 1106.06 feet to an iron rod for corner; THENCE South 88 deg. 41 min. 10 sec. West, 764.54 feet to a corner; 30 feet West of the centerline of Hooper Road; THENCE North 2 deg. 02 min. West, 1124.27 feet to the PLACE OF BEGINNING. PETITION FOR ANNEXATION THE STATE OF TEXAS: COUNTY OF COLLIN: TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY , TEXAS: Now cofrkes of the County of 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 contiguous and adjacent to the City of Wylie, in Collin County, Texas, and in which has less than three (3) qualified voters, reside, described as follow : � � STATE OF TEXAS COUNTY OF COLL I N 7. 417 ACRE TRACT EEING a tract of land in the I . Clifton i;urve,x , Abstract M . 19.3, the H. J. Hardin Survey, Abstract No. 4 '.9, and the R. D, . Newman Survey, Abstract No. 660, situated in Collin County, Texas, and also being a part o+ that certain 26U. 4 _•• tract of land conveyed to Arapaho East. . Incorporated by L. T. Beckham by Deed recorded in Volume_ 1104 , Page 14•T' of th. -. Deed Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at a point on the centerline of County Road ar,,-, a North line of said 260. 4.6 acre tract , said print beinc South S9 deg 43 min East, 2.5. 89 feet from t_he must Northerly Northwest corner of the 260. 416 acre tract : THENCE South 89 deg 43 min East along said cantor- i ne o+ said County Road, 139. 11 feet; THENCE South 0 deg 17 min West, 640 feat. , THENCE South 89 deg 43 min East, 135 feet ; THENCE South 0 deg 17 min West, 850 feet. ; THENCE South 88 deg 41 min 10 sec West , 274 . 22 feet ; THENCE North 0 deg 17 min East, 1497. 64 feet to t.ht_ PLACE kLii- BEGINNING and containing 7. 417 acers of land . 1 . 983 ACRE TRACT BEING a tract of land in the I . Clifton Surve.v . ,,bsLr ac1_ 197., the H. J. Hardin Survey. Abstract. No, 4:_:8 and the R. Newman Survey, Abstract No. 660, situated in Collin count , . Texas, and also being a part of that certain 260. 46�_f, tract of land conveyed to Arapaho East, Incorpor-aated b ,• C . r Beckham by Deed recorded in Volume 1104, Page 145 of the Deed Records of Collin County, Texas, and being more particularly described as follows: COMMENCING at a point on the centerline of a County Road and a North line of said 260. 436 acre tract , said point. being South 89 deg 43 min East, 235. 89 feet from the most. Northerly Northwest corner of the 260. 46 acre tract : THENCE South 89 deg 43 min East along said centerline of said County Road, 139. 11 feet to the PLACE OF BEGINNING; THENCE continuing South 89 deg 43 min East alone center of said County Road 135 feet THENCE South ci deg 17 min West, 640 feet ; THENCE North 89 deg 43 min West, 135 feet ; THENCE North 0 deg 17 min East, 640 feet to the PLACE OF BEGINNING and containing 1 . 983 acres of land . • . n • A /��%'/L/// j 11,:i• Y 2$6� `V`, : .:.' ��`:+r. i 143.5Q'3 ,t .:fit«..r;r.; • • (---- 1 ,__ m.,,,:, . 4: 1 Ais i • f• ' . .„ - \ . , ... yi , . o .‘, z \ ,,,, . 0 ,,,,,, \ ) N.. . \ �. 3 • ��pG• ... . 2 PG• 2 ;PG j T 1 / ,'\ \ 41‘‘e I; hA I. j�_ •y\ d) .4.k. , 1 , ,. \\\ . \ ,. : . , , , , . 1 4 ': /} / 1 `f • • • • ,.3 t I to ill/ C. : i l l r:j ' a /1 11,1 • 1/ q gG 2O^ n �T— "I 0b / I - - - r 40 ft> 1 / - - / 1/ / / ( I / ' 1 1 1 4 1e / / , . jt/ .l . ,� d ,1 11. ,I t: 1 // / 7 ' ,// 11 ' • • . I ,.\-^ /11' ,0' az.' • PETITION FOR ANNEXATION CONTD. PAGE 2 Jl � � Said ,r /-�� L//' //�~ 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. 7/) Witness the hand of this petitioner this the _ /�� day of 198 �- _. ------ Signature r_n `/ _�-�_V+// /. '� /'c\ � ' Please Print Name /7�// e'� � /�k/ Address / City Texas Zip Telephone �� - THE STATE OF TEXAS: COUNTY OF COLLIN: Before me, the u y. Public on this day personally appeared ^� ^' w ~~~ 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: Giv y hand and seal of office this the day of / r011c,nmttmnuao upims Notary Public, Collin County Texas ~-�' ` ^ ` ' ' PElITlON FOR ANNEXA1I01 THE STATE OF TEXAS: COUNTY OF COLLIN: lJ THE CITY COUNCIL OF THE CITY OF AYLIL. COLL ] N CQU1TY . CPS;; Now comes ��_ �/� �� o � |',� ��.�unc`' c+ __.................._____ and the State of Te:as, .Ku rWpreGerLs to the City Council of the said City of Vy1i § , Pe:ae , �hat he is the owner or is acting for all op the oWners or partnerships or corporaLion who are owners of the �rll '�win� demribed tract of land which is contiguous and �Q -c''Q tz t?e City of Wylie, in Collin County, Texas, and in which has lass than three (3) qualified voters, reside` jesc/ ined as follows: FIELD NOTES STATE OF TEXAS COUNTIES OF ROCKWALL , DALLAS & COLLIN BEING a tract or parcel of land situated in the Nathaniel Atterberry Survey , Abstract Number 6 , Rockwall , Dallas and Collin Counties anc being part of a 50 acre tract of land conveyed by R. S . Phillips to J . R. Kirby and recorded in Volume 5 , Page 254 and a part of a 70 . 32 acre tract of land conveyed by J . H. Kemper to J . R. Kirby and recorded it Volume 8 , Page 312 and being the same two tracts of land as conveyed tc Lee Kirby by deed recorded in Volume 53 , Page 177 , all of the Deec Records of Rockwall County , Texas , and being more particularly described as follows : BEGINNING at an iron pin found at the Intersection of the centerline o ' Troy Road with the intersection of the centerline of Vinson Road THENCE , North 46° 29 ' 42" West , with the centerline of said Vinson Road , a distance of 3027 . 28 feet to an iron pin set for corner THENCE , North 00° 03 ' 37" East , departing Vinson Road , a distance o 1667 . 63 feet to an iron pin found for corner in a fence ; THENCE , North 89° 37 ' 51 " East , with said fence , a distance of 977 . 8. feet to an iron pin found for corner ; THENCE , South 02° 31 ' 31 " East , with a fence part of the way , , distance of 444 . 20 feet to a point for corner in the center of a creek THENCE , with the centerline meanders of said creek as follows : 1 . South 22° 11 ' 05" East , 146 . 18 feet ; .2 . South 80° 10 ' 10" East , 338. 52 feet ; 3 . South 01 ° 55 ' 40" East , 180. 28 feet ; 4 . South 68° 21 ' 35" East , 161 . 30 feet ; 5 . South 84° 43 ' 59" East , 105. 95 feet ; 6 . South 51 ° 24 ' 25" East , 103 .08 feet ; 7 . South 37° 22 ' 14" East , 79. 13 feet ; 8 . North 71 ° 54 ' 14" East , 100 . 00 feet ; 9 . North 43° 05 ' 35" East , 114 . 13 feet ; 10 . South 88° 39 ' 20" East , 350 . 89 feet ; THENCE , South 01 ° 25 ' 00" West , departing said creek , a distance o 376 . 22 feet to an iron pin found for corner in the Easterly edge o Troy Road; THENCE , North 86° 17 ' 54" West , crossing said roadway , a distance o 35 . 57 feet to an iron pin found for corner ; THENCE . South 01 ° 25 ' 00" West , with the centerline of Troy Road , mos of the way , a distance of 2477 . 59 feet to the point of beginning an ccrrt3ining 117 . 149 acres of land , more or less . ( 5 , 103 , 026. 757 sq . ft . 6:) PETiTION FOR ANNEXATION __ ___ _________ recres�nts �ha� �o a.'� ail other owners desire to be arnexe� Lo ano na�e p�rt �f said ity uf Wylie, Collin laws, rules and regulations of said City. ` our petjtioner , therefore, respectful ] above described be annexed to �he sa� d C/ i7 o iv /� e �a` as as provided by Article 974 (g ) of the RE�ISE� CI ''lL S�ATUTES JF THE STATE OF TEXAS' / / "/ 8 - ------- , r^ � �� ' . . _ ._._..... ;„ +CD p 17,!...1JJ II. (.11 ..,! •,"":"J ) p u ▪ d d CD 4. w s 1..41 p til p 1.11E' t..I 11111 T r.5 1:f.'.1 „IC) . kj..I 0--(71•7.?1-d2/5T-Pf(2'7 - pd 1 l▪I lc) A .1.. :::10 ::..; F.M. 3412 2 OLD HWY. 78 �y . it F.M. 544 ,� WYLIE STONE ST. a a a 0 p • cc ova z = w2 -J J U. LAKE LAVO ? �, o SO2 a. gir co yr Qv LOCATION MAP ORDINANCE NO. BEING AN AMENDMENT TO ORDINANCE #85-89 PROVIDING A SEVERANCE CLAUSE, PROVIDING' A PENALTY CLAUSE, PROVIDING FOR PUBLICATION AND PROVIDING AN, EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS: That Ordinance #85-89 is hereby amended by the following actions ; • 1 . In Section 9. 0 permitted uses, item h is amended by the addition of the words, in model homes, so that the entire sentences reads as follows : 6. Real Estate sales• offices, in model homes, during development of residential subdivisons, but not to exceed two years. In Section 9. 0, delete from: specific uses by permit, use #1 batch pal nt, temporary, during construction and in Section 9. c i permitted i_cses enter as' item 18 batch plant , temporary, during construction. In Section 10. 1 delete specific use #1 batch plant , temporary, during constructi'+.n. In Section 11. 1 delete specific use #1 batch plant , temporary, during construction. In Section 12. 1 delete from specific uses by permit, use #1 batch plant, temporary, during construction and in Section 12. 1 permitted uses enter as item 2 batch plant , temporary, during construct i'i'n. In Section 13. 1 delete form specific uses by permit , use #1 batch plant, temporary, during construction and in Section 13. 1 permitted uses : enter as item $ batch plant , temporary, during construction. In Section 14. 1 delete from specific uses by permit , use #1 batch plant , temporary, during construction and in Section 14. 1 permitted uses enter as item 5 batch plant , temporary, during ccinst rust i can. Section 14 is hereby amended so that the paragraph "General Purpose and Description reads as follows: The MF, Multiple Family Dwelling District is a Residential Attached District intended ' to provide for the highest residential density not to exceed fifteen ( 15) units per acre on a single story or !twenty (20) units per acre for multiple story configuration. If the multi-story density of twenty (20) units per acre is selected by the builder/developer he shall be required tea conform to the additonal fire protection requirements specified in Section 14. 7. The principal use of land in this district is for multiple-family dwellings, garden apartment, and boarding or rooming houses. The district is usually located adjacent to a major street and serves as a buffer or transition between retail./commercial development or heavy automobile traffic and medium or low density ree i dent i a l development . Section 14. 1 is amended by the additon of the following : (3) Boarding or Rooming Houses (4) Garden Apartments And permitted use #3 is renumbered #5 Section 20 is hereby repealed in its entirety and a new Section 20 is hereby established which shall read as follows: SECTION 20 "PD" PLANNED DEVELOPMENT DISTRICT PREFIX General Purpose and Description: The Planned Development District "PD" prefix is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations, and 'to permit growth flexability in the use and design of land and buildings in situations where modification of ro c s ecifiuisi P p _ns of this ordinance is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the neighborhood. A "PD" District may be used to permit new arid innovative concepts in land utilization. While great flexability is given to provide special restrictions which will allow development not otherwise permitted, procedures are established herein to insure againist misuse of the increased flexability. 20. 1 Permitted Uses: ' Any uses shall be permitted if such use is specified in the ordinance granting a Planned Development District. The size, location, appearance and method of operation may be specified to the extent necessary to insure compliance with the purpose of this ordinance. Development_Reg u i rement s 1 . Development requirements for it each separate PD District shall be set forth in the ordinance granting the PD District and may include, Out not to be limited to; uses, density, lot area, loot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, management associations, and other requirements as the City Counc i 1 and Planning and Zoning Commission may deem appropriate. 2. In the PD District, if uses conform to the standards and regulations of the Zoning District to which it is most similar, the particular district must be stated in the granting ordinance. A11 applications to the City shall list all requested variances from the standard requirements set forth throughout this ordinance (applications without this list will be considered incomplete) . C. The ordinance granting a PD District shall include a statement as to the purpose and intent of the PD granted therein. A specific list is required of variances in each district car districts and a general statement for citing the reason for the PD request. 4. The Planned Development District shall conform t all other sections of the ordinance unless specifically excluded in the granting ordinance. 5. The minimum acreage for a Planned Development request shall be five (5) acres. 20. 2 In establishing a 'Planned Deve l opement District in accordance with this section,' the City Council shall approve and file as part of the amerd!ing ordinance appropriate plans and standards for each Planned Development District. During the reveiw and public hear"i.;ng process, the Planning and Zoning Commission and City Council 1 shall require a Conceptual Plan and/or a Development Plan. riL 1 . Conceptual Plan: This plan shall be submitted by the applicant. The plan shall show the applicant' s intent for the use of the land'' within the proposed Planned Development District in a graphic manner and, as may be required, supported by written documentation of proposals and standards for development. (a. ) A Conceptual Plan for residential land use shall show general use, thoroughfares and preliminary lotting arangements. For residential development which does not propose platted lots, the Conceptual Plan shall set forth the size, type and lcicati'on for buildings and building sites, access, density, building height, fire lanes, screening, parking areas, landscaped areas and other pertinent development data. (b. ) A Conceptual Plan for uses other than residential uses shall set forth the land use proposals in a manner to adequately illustrate the type and nature of the proposed development . Data which may be submitted by the applicant, or required by the Planning and Zoning Cornrnisssion or CIty Council , may include but i5 not limited - to the types of use (s) , topography and bdundary of PD area, physical features of the site, existing streets, alleys and easements, location fo futurre public facilities, building height and location, parking ratios and other information to adequately describe the proposed development and to provide data for approval which is to be used in drafting the final development plan. (c. ) Changes of detail which do not alter the basic relationship of f the proposed development to adjacent property and which do not alter the uses permitted or increase the density, building height or coverage of the site, or which do not decrease the cuff-street parking ratio or reduce the yards provided at the boundary of the site or does not significantly alter the landscape plans as indicated can the approved COnc_eptual Plan may be authorized by the City Manager or his designated representive. 2. Development Plan or Detail Site Plan: This plan shall set forth the final plans for development of the Planned Development District and shall conform to the data presented and approved on the Conceptual Plan. Approval of the Development Plan shall ' 'be the basis for issuance of a building permit . The Development Plan may be submitted for the total area of the PD or for any section or part as approved on the Conceptual Plan. If the initial presentation is a Conceptual Plan the Development Plan must be approved by the Planning and Zoning Commission and City Council , but a public hearing is not required. The Development Plan shall include, but not be limited to: (a. ) A site inventory analysis including a scale drawing showing existing vegetation, natural water courses, creeks or bodies of water and an analysis of planned changes in such natural features as a result of the development . This shall include a delineation of any flood prone areas. (b. ) A scale drawing showing any proposed public or private streets and alleys; building sites or lots ; and areas reserved as parks, parkways, playgrounds, utility easements, school changes ; the points of ingress and egress from existing streets ; general location and description of existing and proposed utility services, including size of water and sewer mains ; the location and width for all curb cuts and the land area of all abutting sites and the zoning classification thereof on an, accurate survey of the tract with a topographical contour. interval of not more than five (5) feet. (c. ) A site plan for proposed building complexes showing the location of separate buildings, and between buildings and property line , street lines and alley lines. Also to be included on the site plan is a plan showing the arrangement and provision of off-street parking. (d. ) A landscape plan showing screening walls, ornamental planting, wooded areas and trees to be planted. (e. ) An architectural plan showing elevations and signage style to be used throughout the development may be required by the Planning and Zoning Commission or City Council if deemed appropriate. Any or all of the required . information may be incorporated on a single drawing if one drawing is clear and can be evaluated by the City 'Manager or his designated representatives. 3. All Development Plans may have supplemental data describing standards, schedules or other data pertinent to the development of the Planned Development District which is to be included in the text of the amending ordinance. Proceedures for establishing a Planned Development District shall follow the procedure for zoning amendernents as set forth in Section 34. This procedure is further expanded as follows for approval of Conceptual and Development Plans. (a. ) Separate public hearings shall be held by the Planning and Zoning Commissicn and City Council for the approval of the Conceptual Plan. (b. ) The developer may, choose to submit a Development Plan in lieu of a Conceptu l Plan. In that case public hearings before the Planning and Zoning Commission and the City Council will be required as if it were a Conceptual Plan. (c. ) The ordinance established the Planned Development District shall not be approved until the Development Plan is approved. 1 . The Development Plan may be approved in sect ions. When the plan is approved in sections, then separate approvals by the Planning and Zoning CommisssIor and City Council for the initial and subsequent sections will be required. 2. An initial Development ' Plan shall be submitted for approval within six (6) months from the approval of the Conceptual Plan or for some portion of the concept plan. If the Development Plan is not submitted within six (6) months, the concept plan is subject• to reapprcval by the Planning and Zoning Commission and City Council. If the entire project is not completed within two (2) years, the Planning and Zoning Commission and City Council may review the original concept plan to ensure its continued validity. 3. The Development Plan shall be approved by the Planning and Zoning commission and City Council . 20. 3 When a PD is being considered, a written report may be requested of the City Manager discussing utilities, electric, sanitation, building inspection, tax, police, fire and traffic and written comments from the applicable public school district , and from private utilities may be submitted to the Planning Commission prior to the Commission making any recommendations to the COunci 1 . 47 20. 4 All Planned Development Districts approved in accordance with the provisions of this ordinance in its original form, or by subsequent amendments thereto, shall be referenced on the Zoning District map, and a list of such Planned Development Districts, together with the category of uses permitted therein, shall be maintained in the appendix of this ordinance. 20. 5 Planned Development Ordinances Continued : Prior to adoption of this ordinance, the City Council had established various Planned Development' Districts, some of which are to be continued in full force -and effect. The ordinances or parts of ordinances approved prior to this ordinance shall be carried forth in full force and effect and are the conditions, restrictions, regulations and requirements which apply to the respective Planned Development Districts shown on the Zoning map at the date of adopt ion of this ordinance. 20. 6 (PENALTY) Any person, firm, corporation, or other entity who is found guilty of violating the terms of this ordinance shall be deemed guilty of a misdemeanor and upon conviction cf any such violation, shall be subject to a fine not to exceed the amount permitted by State Law. 20. 7 (SEVERABILITY) It is hereby declared to be the intenet ion of the City Council that the sect ions, paragraphs, sentences, clauses, and phrases of this ordinance are severable and if any phrase, clause, sentence =r section cf this ordinance shall be declared unconstitutional cur unva l i d by any .judgement or be declared r decree of a court of competent .j urs i d i ci: i on, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance ; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional . 20. 8 (PUBLICATION) The caption of this ordinance shall be published one time in a newspaper of general distribution in the City of Wylie. 20. 9 (EFFECTIVE DATE) This ordinance shall become effective upon its publication in a newspaper of general circulation. PASSED AND APPROVED BY THE CITY COUNCIL OF WYLIE, TEXAS THIS THE _ ___ DAY OF 1986. John W. Akin, Mayor ATTEST : Carolyn Jones, City Secret ary FOR FURTHER CLARIFICATION: (A. ) If the initial presentation is a Conceptual Plan 1. Public hearing and recommendation by Planning and Zoning Commission. 2. Public hearing and approval by City Council. 3. Development Plan reviewed and recommendation by Planning and Zoning Commission. 4. Development Plan review and approval by City Council. 5. City Council passes P. U. D. ordinance. E. Building permits are issued. (B. ) If the initial presentation is a Development Plan 1 . Public hearing and recommendation by Planning and Zoning Commission. C. Public hearing and approval by City Council. 3. City Council passes P. U. D. ordinance. 4. Building permits are issued. ORDINANCE NO. ________________ BEING AN ORDINACE TITLED "CODE ENFORCEMENT SEARCH WARRANTS- , REPEALING THOSE PROVISIONS IN OTHER ORDINANCES MAKING THE REFUSAL TO PERMIT A WARRANTLESS SEARCH A MISDEMEANOR, MAKING IT UNLAWFUL TO INTERFERE WITH THE EXECUTION OF A SEARCH WARRANT, PROVIDING DEFINITIONS, AUTHORIZING THE ISSUANCE AND EXECUTION OF SEARCH WARRANTS, ESTABLISHING WHEN SEARCH WARRANTS ARE NOT REQUIRED, REQUIRING PROBABLE CAUSE, REQUIRING A SWORN AFFIDAVIT, REQUIRING CERTAIN FORMALITIES, PROVIDING THE MANNER IN WHICH SEARCH WARRANTS ARE TO BE EXECUTED AND NOTICE GIVEN, ESTABLISHING THE TIME DURING WHICH A SEARCH WARRANT MAY BE EXECUTED, AUTHORIZING THE EXECUTING INSPECTOR TO SEEK ASSISTANCE IN EXECUTING THE SEARCH WARRANT, PROHIBITING THE SEIZING OF TANGIBLE GOODS OR THE MAKING OF ARREST, PROVDING THE MANNER IN WHICH A RETURN IS MADE, PROVIDING FOR THE KEEPING OF RECORDS, PROVIDING FOR NO CONFLICTS WITH OTHER LAWS; PROVIDING FOR A PENALTY CLAUSE, PROVIDING FOR A SEVERANCE CLAUSE, AND PROVIDING FOR PUBLICATION, PROVIDING AN EFFECTIVE DATE: WHEREAS: The City of Wylie is a home rule municipality having the powers of local self-goverment and can adopt any regulation not preempted by, nor prohibited to, the State of Texas, and WHEREAS: The State of Texas has provided for the issuance of search warrants to fire marshals and health officers and has not specifically prohibited home rule cities from adopting similar legislation providing for the issuance of search warrants to other classes of code inspectors as well , and WHEREAS: Heretofore there has not been a uniform policy among the various City departments as to whether they were expressly authorized to use search warrants incidental to the enforcement of various City codes, such as the building inspection, zoning and housing codes, and WHEREAS: The City Council for the City of Wylie reconized that recent changes have occurred in the law pertaining to making warrantless searches for violations of such codes, which changes the City Council wish to incorporate into its code enforcement programs, NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. " REPEALER. All provisions in all ordinances making the refusal to permit a warrantless search or inspection a misdemeanor are hereby repealed. " SECTION 2. "PENALTY. It shall be unlawful for any person to interfer with the execution of a lawful search warrant issued pursuant to this ordinance. " SECTION 3. "DEFINITIONS. ( 1 ) Magistrate: Shall mean any Judge of a Municipal Court for the City of Wylie, Texas. (2) Inspector : Shall mean any official inspector for any department of the City of Wylie, Texas, which is charged with code enforcement , including, but not limited to, inspectors for the departments of Zoning and Enviromental Control , Housing and Building Inspection. yu (3) Search Warrant : Shall mean a written order, issued by a magistrate and directed to any inspector, as defined in this section, commanding him to any specified premises to determine the presence of a violation or violations of any ordinance or ordinances of the City of Wylie, Texas. " SECTION 4. "WARRANTS AUTHORIZED. Except as provided in Sec. 5 following, inspectors are hereby authorized and directed to seek and obtain search warrants from magistrates, as provided in this ordinance, before making any inspection incidental to the enforcement of any ordinance of the City of Wylie, Texas. Magistrates are hereby authorized to issue such warrants subject to the requirements of this ordinance. " SECTION 5. "WARRANTS NOT REQUIRED. Search warrants shall not be required under the following circumstances: (a) When permission to inspect has been granted by someone apparently having charge or control of those permises; for the purpose of this sub-section, permission to inspect may be granted either verbally, in writing or by some other action indicating consent, or (b) When there exists an imminent danger or peril to human life, limb or property and any delays resulting from the application for a search warrant would materially increase the likelihood of loss from such danger or peril, or (c) When the inspection can be executed by a person who is an invitee on premises held open to the general public; for the purpose of this sub-section a person ceases to be an invitee when he has been instructed to leave the premises or otherwise terminate his inspection by someone having charge or control of those premises. '' SECTION 6. "PROBABLE CAUSE. No search warrant shall be issued pursant to this ordinance except on the presentation of evidence of probable cause to believe that violation or violations are present in the premises sought to be inspected. In determining probable cause, the magistrate is not limited to evidence of ' specific knowledge, but may consider any of the following: (a) The age and general condition of the premises; (b) Previous violations of hazards found present in the premises; (c) The type of premises; (d) The purpose for which the premises are used ; and (e) The presence of hazards or violations in and the general condition of premises near the premises sought to be inspected. " SECTION 7. "AFFIDAVIT REQUIRED. A sworn affidavit setting forth substantial facts towards establishing probable cause shall be filed in every instance in which a search warrant is requested. " � , SECTION 8. "WARRANT FORMALITIES. A search warrant issued pursuant to this ordinance shall be sufficient if it contains the following requisites: (a) That it run in the name of "The State of Texas" ; ( b) That it identify, as near as may be, that premises to be inspected ; (c) That it command an inspector to inspect forthwith the premises described ; and (d) That it be dated and signed by the magistrate. " SECTION 9. "EXECUTION OF WARRANTS. An inspector to whom a search warrant is delivered shall execute it without delay and forthwith return it to the proper magistrate. It must be executed within three days from the time of its issuance, and shall be executed within a shorter period if so directed in the warrant by the magistrate. The inspector shall, upon going to the place ordered to be inspected, give notice of his purpose to the person who has charge of or is an inmate of the place described in the warrant. If such persons cannot be found, upon execution of the search warrant, a copy of said warrant shall be affixed to the front door of the building or premises inspected. In every instance, entry shall be effected using the minimum force necessary according to the circumstances. " SECTION 10. "DAYS ALLOWED FOR WARRANT TO RUN. The time allowed for the execution of a search warrant shall be three whole days, exculsive of the day of its issuance and of the day of its execution. The magistrate issuing a search warrant under the provisions of this ordinance shall endorse on such search warrant the date and hour of the issuance of the same. " SECTION 11. "POWER OF INSPECTOR EXECUTING WARRANT' In the execution of search warrant, the inspector may call to his aid any number of citizens in this City, who shall be bound to aid in the execution of the same. " SECTION 12. "NO POWER TO SEIZE TANGIBLE GOODS OR MAKE ARRESTS. The execution of a search warrant issued pursuant to this chapter shall not include any authority to make arrests or to seize tangible goods of a violation. " SECTION 13. "HOW RETURN IS MADE. Upon returning the search warrant , the inspector shall state on the back of the same, or on some paper attached to it , the manner in which it has been executed and shall likewise deliver to the magistrate a copy of the report resulting from that inspection. " SECTION 14. "RECORDS TO BE KEPT. The magistrate shall keep a record of all proceedings had before him in the cases of search warrants as part of the official records of his court. " SECTION 15. "CONFLICTS. Nothing in this ordinance shall be construed to conflict with any state or federal law and shall be in addition to any rights granted thereby. " SECTION 16. "PENALTY. Any person, firm, corporation or other entity who is found guilty of violating the terms of this ordinance shall be deemed guilty of a misdemeanor and upon conviction of any such violation, shall be subject to a fine not to exceed the maximum amount permitted by state law. " ` - ^� � ^ SECTION 17. "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 shall be declared unconstitutional or invalid by any judgement or be declared or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. � SECTION 18. "PUBLICATION, The caption of this ordinance shall be published one time in a newspaper of general distribution in the City of Wylie, Texas. " i SECTION 19. "EFFECTIVE DATE. This ordinance shall become effective upon publication of its caption in a newspaper of general circulation. " PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS THIS THE .........DAY OF _ , 1986 ___-_________ _ -------------------------------------- John W. Akin, Mayor- ATTEST : ----------------------------r1--------- CaroIyn Jones, City Secretary � � � J � � l � / ' [ . � | " | ' . � /' - ' =�"~~- '�^1�1w^"~-- ^ v � : .' SPECIFICATIONS - Immum BAGS ' , . / ( � ` ` 1 i r i' DISCRIPTIONS: Trash Bags - 30 gallon plastic | � i ) � � QUANTITY 50, 000 or 75 000 l � ` |r 75, 000 Trash Bag � f � 2 Mil . thickness � Size 30 X ��7 30 gallon �'plus �� . Color prefer dark brown p,r black Packed in 50 unit rolls or boxes � ' ' Include ties with rolls or boxes; ties at least 6 inches long ' [ � i ^ ^ UNIT PRICE: -^ , dxX ! , | TOTAL PRICE / | TOTAL � --- �---- ' � ! 50, 000 Trash Bags � 2 Mil . thickness � Size 30 X 37 30 gallon plus Color: Prefer dark brown or black ! ^ | Packed in, 50 unit rolls or� boxes ' . Include t�'__° with rolls or boxes: ties at least ' 6 inches long � � { UNIT PRICE: ~~�� i TOTAL PRICE: � / TERMS: � Deliver Date: lu�� ! - ` - ^ ' ` Net Thirty � ! State whether freight is included in bid price Delivery will be to Public Works Center, Wylie, Texas / � \ � | :1 • 111 Adams Industries, Inc. P.O. Drawer 4360 Monroe, LA 71211 1-800-551-4896 Diane Osborne, Product Manage SPECIFICATIONS - TRASH BAGS DISCRIF'TIONS: Trash Bags - 30 gallon plastic QUANTITY 50, 000 i0 or 75,1000 75, 000 Trash Bag 2 Mil . thickness Size :3O X37 30 gallon , plus Color Prefer dark brown or black Packed in 50 unit rolls or boxes Include ties with rolls orboxes; ties at least 6 inches long UNIT PRICE: $ 3 .46/rl delivered TOTAL PRICE $5 L190 . 001 50, 000 Trash Bags 2 Mil . thickness Size 30 X 37 30 gallon plus Color: Prefer dark brown Or black Packed in 0 unit rolls or boxes Include t . is with rolls or ;',boxes: ties at least 6 inches long UNIT PRICE: 3 . 85Lr1 delivered TOTAL PRICE: 3�850. 00 Diane Osborne, Product Mgr. TERMS: Deliver Date: 1.4_2l.-daxg_kla Net Thirty State whether freight is included in bid price Delivery will be to Public Work Center, Wylie, Texas